THIS CONTEST IS SUBJECT TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS, RULES AND REGULATIONS. YOUR ENTRY INTO THIS CONTEST CONSTITUTES YOUR FULL AND UNCONDITIONAL AGREEMENT TO THESE RULES, WHICH ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST.
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET, OR WHERE THE METHODS OF ENTRY SET FORTH BELOW WOULD BE DEEMED CONSIDERATION.
This Contest is administered by Resignation Media, LLC (“Administrator”). The Contest will be conducted under the supervision of Administrator. The decisions of Administrator are final and binding on all matters relating to the Contest.
Subject to these Rules, the Contest is open only to permanent legal U.S. residents physically residing in the 50 United States of America and the District of Columbia, who are at least 18 years old as of the date of entry. Employees of Administrator and/or it parent, subsidiaries, and affiliates, and employees of any advertising or promotion agencies or any other entity involved in the sponsorship, development, of this Contest (collectively, the “Contest Entities”), and their immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) or household members are not eligible to enter into or win the Contest.
This Contest begins at 12:00 AM CST on December 15, 2016 and ends at 11:59 PM CST on December 26, 2016 (the “Contest Period”). The Administrator’s Account Manager’s computer will serve as the time keeping device for the Contest Period.
HOW TO ENTER
To Enter the Contest as an “Entrant,” during the Contest Period, respond to the callout “Tell Us Your Guilty Pleasure for Surviving the Holidays” by submitting your written response thereto to any of the following:
1. In the “Comments” section of the “Tell Us Your Guilty Tell Us Your Guilty Pleasure for Surviving the Holidays” post; or
2. On Social Media at @thechive Facebook, @thechive Instagram, or @thechive Twitter.
Your Entry will be then be entered into the Contest. Entrants may submit as many unique Entries as they wish, and each unique Entry will be separately entered into the Contest.
At the end of the Contest Period, from all available Entries received during the Contest Period, the Administrator will choose the one (1) Entry that it deems best, as the winner of the Contest, (the “Winner”). The Administrator will announce the Winner after the end of the Contest Period. The Administrator will contact the Winner via the Winner’s information provided upon Entry to notify the Winner that he/she has won the Contest. Entrants and Winners may be required to provide proof of identity, residency, and eligibility, upon Administrator’s request.
PRIZES AND PRIZE RESTRICTIONS
The Winner will be awarded a Prize of Two Thousand, Five Hundred Dollars ($2,500), which will be paid exclusively via PayPal, and not via any other method of payment (the “Prize”). The approximate retail value of the Prize is Two Thousand, Five Hundred Dollars ($2,500).
As a condition of claiming and accepting Prize, the Winner must:
1. Meet all Contest eligibility requirements;
2. Respond to the Administrator to claim the Prize within five (5) days of being notified by the Administrator that he/she is the Winner;
3. Grant the Administrator a license to use the Winner’s Entry and execute any and all documents requested by Administrator in connection therewith;
4. Have an active PayPal account;
5. Provide Administrator with all information requested to arrange for the Winner to claim the Prize; and
6. Be ready, willing, and able to claim all aspects of the Prize.
If the Winner does not, or is unable to, accept and claim the Prize, he/she will forfeit the Prize and an alternate winner may be selected from the remaining eligible Entrants. The Prize is non-transferable, and no substitutions will be permitted, except that the Administrator reserves the right to substitute the Prize for one of equal or greater monetary value, if the Prize becomes unavailable for any reason. In no event will more than the stated number of Prizes be awarded. If, due to error, more than one (1) Winner is selected, the Administrator will award the Prize by a random drawing from among all verified Winners.
THE PRIZE IS AWARDED “AS IS.” THE ADMINISTRATOR DOES NOT MAKE AND HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE PRIZE, INCLUDING WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.
TAXES AND FORMS
The Winner is solely responsible for all federal, state, and local taxes associated with the value of the Prize, and for any shipping and handling charges related to delivery of the Prize. The Administrator may require the Winner to execute and return (and winning may be conditioned upon the Winner executing and returning) to the Administrator, within ten (10) business days, an Affidavit of Eligibility, Form 1099, or other reasonable applicable tax and verification forms drafted by the Administrator.
CANCELLATION AND DISQUALIFICATION
The Administrator reserves the right to cancel, suspend, and/or modify the Contest, or any part thereof, and to disqualify any individual from the Contest if, in the Administrator’s sole discretion, there exists any: (a) fraud, delay, technical impairment, technical failures, tampering, unauthorized intervention, or other circumstances, acts, or omissions, which may affect the administration, security, fairness, integrity, or proper functioning of the Contest; (b) annoyance, abuse, threatening or harassment of any Entrant or the Contest Entities (including any of their employees or representatives); or (c) other violation of these Rules.
In the event of a cancellation, suspension, or modification due to any of the foregoing, the Administrator reserves the right, in its sole discretion, to cancel the Contest and not award any Prize or to award the Prize based on the eligible Entries received up to the time of the cause for cancellation, suspension, or modification.
All Entrants release, indemnify, and hold harmless the Contest Entities and their respective officers, directors, agents, representatives, and employees (collectively, “Released Parties”) from and against any and all claims, liabilities, judgments, damages, loss, actions or cause of action, costs (including reasonable attorney’s fees) (collectively, “Claims”) arising out of or relating to the Contest, the Prize, and/or Entrant’s entry into, participation in, or inability to enter into or participate therein, including without limitation, Claims arising from or relating to: (a) lost, late, misdirected, damaged, stolen, altered, garbled, incorrect, incomplete or delayed Entries, all of which will be void; (b) Entrant’s receipt, use, or misuse of the Prize; (c) unauthorized third-party intervention into any part of the Contest; (d) problems related to errors or malfunctions of any equipment, computer online systems, servers, or providers, computer hardware or software failures; (e) any other technical or human errors or malfunctions of any kind; or (f) the cancellation, suspension, or modification of the Contest.
LIMITATION OF LIABILITY
THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST DATA, LOST PROFITS, LOST REVENUE, LOST BUSINESS, ANTICIPATED PROFITS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, AND/OR ANY MONETARY AMOUNT IN EXCESS OF THE ESTIMATED RETAIL VALUE OF THE PRIZE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT THE RELEASED PARTIES WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED IN THESE RULES.
LICENSE TO ENTRIES
Each Entrant grants to the Administrator an irrevocable, non-exclusive, worldwide, royalty-free, perpetual, sub-licensable, and transferrable license, in any and all media now known or hereafter devised, to use, copy, publish, display, broadcast, publicly perform, stream, transfer, sell, make derivatives of, and otherwise exploit each Entry in connection with this Contest and the Administrator’s products, services, and advertising and promotional material, without any compensation or other consideration to the Entrant. All royalties, receipts, income, proceeds, consideration, or other benefits derived from any use or other exploitation of Entries will be the sole and exclusive property of the Administrator.
Except as provided for by the foregoing license, all right, title, and interest in and to the each Entry is owned by the Entrant.
Each Entrant grants to the Administrator an irrevocable, non-exclusive, worldwide, royalty-free, perpetual, sub-licensable, and transferrable license, in any and all media now known or hereafter devised, to use Entrant’s, name, image, likeness, and biographical information, in connection with this Contest and the Administrator’s products, services, and advertising and promotional material, without any compensation or other consideration to the Entrant. All royalties, receipts, income, proceeds, consideration, or other benefits derived from any use or other exploitation of the Entries will be the sole and exclusive property of the Administrator.
ENTRY REPRESENATIONS AND WARRANTIES
Each Entrant represents and warrants that, with respect to his/her Entry: (a) Entrant is the sole and undivided author and owner of all right, title, and interest in and to the Entry; (b) Entrant has not assigned, transferred, or licensed the Entry to any third-party, or otherwise encumbered the Entry; (c) Entrant has secured all rights, licenses, and consents necessary from any person appearing or mentioned in the Entry to use and to license to the Administrator that person’s the name, image, and likeness, in connection with the Entry, as provided by these Rules; (d) Entrant has secured all rights, licenses, and consents to use and to license to the Administrator, as provided by these Rules, any and all works, materials, or elements owned by any third party, used or appearing in or in connection with the Entry; and (e) the Entry does not and will not violate or infringe upon the copyright, trademark, rights of privacy or publicity, contract, other intellectual property rights, or any other rights of any third-party.
Entrant consents to personal jurisdiction in the State of Texas. Any and all disputes arising from or relating to this Contest, these Rules (including their construction, validity, and enforceability), the Prize, and all rights and obligations hereunder, will be governed by the laws of the State of Texas, without giving effect to conflict of law principals. Entrants agree that the appropriate State or Federal Court located in Travis County, Texas will have exclusive jurisdiction over any and all disputes, suits, issues, or claims relating to the Contest and these Rules.
NO THIRD PARTY ENDORSEMENT:
This Contest is not sponsored, endorsed or administered by PayPal, any social media provider, or any third party other than the Administrator.
RULES; WINNERS LIST; QUESTIONS:
To receive a complete list of winners, a copy of these Rules, within thirty (30) days after the end of the Contest Period, send a self-addressed stamped envelope to: Resignation Media, LLC, attn. Contest Winner List, 98 San Jacinto Blvd., Suite 160, Austin, TX 78701. The Winner list will be mailed approximately fourteen (14) days after receipt of requests therefor. For any questions about this Contest, contact the Administrator at the preceding address.