Official rules of the Tiktok contest
This contest (“Contest”) is sponsored by Sociaaal LLC, registered at 311 2nd Street, Sausalita in California USA (“Sociaaal LLC”).
Contest entry is free of charge. No purchase is necessary to enter or win.
Litstick may offer similar contests from time to time. Each offer is separate. Entry into each contest is separate.
This Contest is in no way sponsored, endorsed or administered, or associated with, TikTok nor Apple.
– OFFICIAL RULES NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
– THIS IS A SKILL-BASED CONTEST.
– VOID WHERE PROHIBITED BY LAW.
– AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED.
– ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
– THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH APPLE INC. (“APPLE”) OR BYTEDANCE LTD. (“TIKTOK”).BY ENTERING (OR OTHERWISE PARTICIPATING) IN THE CONTEST, ENTRANTS AGREE TO THESE OFFICIAL RULES, WHICH CREATE A BINDING CONTRACT SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, SUCH CONTRACT INCLUDES GRANTS OF RIGHTS AND INDEMNITIES TO THE CONTEST ENTITIES (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
– THIS IS A SKILL-BASED CONTEST.
– VOID WHERE PROHIBITED BY LAW.
– AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED.
– ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
– THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH APPLE INC. (“APPLE”) OR BYTEDANCE LTD. (“TIKTOK”).BY ENTERING (OR OTHERWISE PARTICIPATING) IN THE CONTEST, ENTRANTS AGREE TO THESE OFFICIAL RULES, WHICH CREATE A BINDING CONTRACT SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, SUCH CONTRACT INCLUDES GRANTS OF RIGHTS AND INDEMNITIES TO THE CONTEST ENTITIES (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1. Eligibility
The Viral Contest (the “Contest”) is openonly to individuals who are legal residents and physically located in one (1)of the fifty (50) states in the United States or the District of Columbia andwho are at least thirteen (13) years of age or older at the time of entry. Employees, officers, and directors of Sociaaal LLC (“Sponsor,” “us,” or “we”), Litstick, andeach of their parent companies, affiliates, subsidiaries, advertising andpromotion agencies, and distributors and other prize suppliers (collectively,the “Contest Entities”), and each ofsuch employees’, officers’, and directors’ immediate family members and/orthose living in the same household (whether legally related or not) are noteligible to enter the Contest or win a prize. For purposes of this Contest, “immediate family members” are defined as spouse,partner, parents, legal guardians, in-laws, grandparents, siblings, childrenand grandchildren and “those living in the same household” shall mean people who share the same residence at leastthree (3) months a year, whether legally related or not. Void where prohibited by law. By entering or participating in theContest, entrants agree to be bound by these Official Rules and the decisions of the Judges (defined below)and/or Sponsor, which are binding and final on matters relating to this Contest,including, without limitation, interpretation of the Official Rules.
The Viral Contest (the “Contest”) is openonly to individuals who are legal residents and physically located in one (1)of the fifty (50) states in the United States or the District of Columbia andwho are at least thirteen (13) years of age or older at the time of entry. Employees, officers, and directors of Sociaaal LLC (“Sponsor,” “us,” or “we”), Litstick, andeach of their parent companies, affiliates, subsidiaries, advertising andpromotion agencies, and distributors and other prize suppliers (collectively,the “Contest Entities”), and each ofsuch employees’, officers’, and directors’ immediate family members and/orthose living in the same household (whether legally related or not) are noteligible to enter the Contest or win a prize. For purposes of this Contest, “immediate family members” are defined as spouse,partner, parents, legal guardians, in-laws, grandparents, siblings, childrenand grandchildren and “those living in the same household” shall mean people who share the same residence at leastthree (3) months a year, whether legally related or not. Void where prohibited by law. By entering or participating in theContest, entrants agree to be bound by these Official Rules and the decisions of the Judges (defined below)and/or Sponsor, which are binding and final on matters relating to this Contest,including, without limitation, interpretation of the Official Rules.
2. Entry period
The Contest begins on or about 12:00 a.m. Eastern Time (“ET”) on August 5, 2023 and all entries must be received by the Sponsor on or before 11:59 p.m. ET on September 30, 2023 (the “Entry Period”).
The Contest begins on or about 12:00 a.m. Eastern Time (“ET”) on August 5, 2023 and all entries must be received by the Sponsor on or before 11:59 p.m. ET on September 30, 2023 (the “Entry Period”).
3. How to enter
To participate and enter this Contest, individuals will need a TikTok account (“TikTok Account”) and to download and access the Litstick app (“LitstickApp”). If you don’t already have a TikTok Account, visit www.tiktok.comto create one; creating a TikTok Account is free. By submitting your information and creating aTikTok Account, you will be required to agree to the TikTok terms of service and privacy notice. If you do not agree to TikTok’s terms of service and privacy notice, you cannot create a TikTok Account or participate in this Contest via TikTok. If you have not already downloaded the Litstick App, you will need a mobile device (e.g., a mobile phone or tablet) that can access the Internet and uses the Apple platform. On your mobile device, download the Litstick application from the App Store; downloading the Litstick App is free. By accessing the Litstick App, you will be required to agree to the Listick terms of service and privacy notice. If you do not agree to Litstick’s terms of service and privacy notice, you cannot use the Litstick App or participate in this Contest.
Once logged into your TikTok Account, to receive one (1) entry into this Contest, during the Entry Period: (i) follow the Litstick TikTok account (@litstick); and (ii) create and post a video on your TikTok account feed showing your experience on the Litstick App with the hashtags “#litstickcontest” and “#litstick,” and follow the technical, creative, and legal requirements disclosed in the advertising for this Contest and elsewhere in these Official Rules, including, without limitation, the Content Guidelines(defined below) (a “Submission”). Sponsor may not receive entries that fail to strictly follow the posting instructions set forth in these Official Rules and Sponsor is not responsible for failure to see or receive an entry. Sponsor, at its sole discretion, may accept a technically incorrect unique term. NOTE: Sponsor may not receive entries from TikTok users with “private” account setting (i.e., userhas set their TikTok Account so that only people the user has approved can viewtheir posts) due to the way TikTok operates its service. Submissions not received by Sponsor willnot be entered into the Contest. By including the hashtag “#litstickcontest”in the Submission, entrants are confirming their acceptance and agreement to these Official Rules.
Limit of twenty (20) entries per person for the Contest; however, one (1) person may win with several videos. A Submission may, in Sponsor’s sole and absolute discretion, be rejected if it fails to follow the technical, creative, and legal requirements disclosed in these Official Rules. The database clock of Sponsor’s website (https://www.sociaaal.com) (the “ContestWebsite”) will be the official timekeeper for the Contest. Those who do not follow all of the instructions, provide the required information, or abide by these Official Rules or other instructions of Sponsor may be disqualified at Sponsor’s sole and absolute discretion. All entries that are late, illegible, incomplete, damaged, destroyed, forged, or otherwise not in compliance with theOfficial Rules may be disqualified from the Contest at Sponsor’s sole and absolute discretion. Entries generated by script, macro, or other automated means and entries by any means which subvert the entry process are void. All entries, including disqualified entries, become the property of Sponsor and will not be acknowledged or returned. Assurance of delivery of entries is the sole responsibility of the entrant.
In the event of a dispute as to the identity of any entrant, the entry will be deemed submitted by the registered account holder of the email or other account(e.g., TikTok) from which it was sent but only if such person is otherwise eligible. The “registered account holder” is the person assigned an email addressor username by the entity responsible for assigning it (e.g., Yahoo). Winner (defined below) may be required to show proof of being the registered accountholder. If adispute cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible. Sponsor and affiliated entities are not responsible for lost, misdirected, misplaced, stolen, tampered with, deleted, or invalid entries. The Contest Entities may run multiple campaigns, contests, sweepstakes, or other promotions simultaneously. Entry into one (1) campaign, contest, or sweepstakes does not constitute entry into any other.
To participate and enter this Contest, individuals will need a TikTok account (“TikTok Account”) and to download and access the Litstick app (“LitstickApp”). If you don’t already have a TikTok Account, visit www.tiktok.comto create one; creating a TikTok Account is free. By submitting your information and creating aTikTok Account, you will be required to agree to the TikTok terms of service and privacy notice. If you do not agree to TikTok’s terms of service and privacy notice, you cannot create a TikTok Account or participate in this Contest via TikTok. If you have not already downloaded the Litstick App, you will need a mobile device (e.g., a mobile phone or tablet) that can access the Internet and uses the Apple platform. On your mobile device, download the Litstick application from the App Store; downloading the Litstick App is free. By accessing the Litstick App, you will be required to agree to the Listick terms of service and privacy notice. If you do not agree to Litstick’s terms of service and privacy notice, you cannot use the Litstick App or participate in this Contest.
Once logged into your TikTok Account, to receive one (1) entry into this Contest, during the Entry Period: (i) follow the Litstick TikTok account (@litstick); and (ii) create and post a video on your TikTok account feed showing your experience on the Litstick App with the hashtags “#litstickcontest” and “#litstick,” and follow the technical, creative, and legal requirements disclosed in the advertising for this Contest and elsewhere in these Official Rules, including, without limitation, the Content Guidelines(defined below) (a “Submission”). Sponsor may not receive entries that fail to strictly follow the posting instructions set forth in these Official Rules and Sponsor is not responsible for failure to see or receive an entry. Sponsor, at its sole discretion, may accept a technically incorrect unique term. NOTE: Sponsor may not receive entries from TikTok users with “private” account setting (i.e., userhas set their TikTok Account so that only people the user has approved can viewtheir posts) due to the way TikTok operates its service. Submissions not received by Sponsor willnot be entered into the Contest. By including the hashtag “#litstickcontest”in the Submission, entrants are confirming their acceptance and agreement to these Official Rules.
Limit of twenty (20) entries per person for the Contest; however, one (1) person may win with several videos. A Submission may, in Sponsor’s sole and absolute discretion, be rejected if it fails to follow the technical, creative, and legal requirements disclosed in these Official Rules. The database clock of Sponsor’s website (https://www.sociaaal.com) (the “ContestWebsite”) will be the official timekeeper for the Contest. Those who do not follow all of the instructions, provide the required information, or abide by these Official Rules or other instructions of Sponsor may be disqualified at Sponsor’s sole and absolute discretion. All entries that are late, illegible, incomplete, damaged, destroyed, forged, or otherwise not in compliance with theOfficial Rules may be disqualified from the Contest at Sponsor’s sole and absolute discretion. Entries generated by script, macro, or other automated means and entries by any means which subvert the entry process are void. All entries, including disqualified entries, become the property of Sponsor and will not be acknowledged or returned. Assurance of delivery of entries is the sole responsibility of the entrant.
In the event of a dispute as to the identity of any entrant, the entry will be deemed submitted by the registered account holder of the email or other account(e.g., TikTok) from which it was sent but only if such person is otherwise eligible. The “registered account holder” is the person assigned an email addressor username by the entity responsible for assigning it (e.g., Yahoo). Winner (defined below) may be required to show proof of being the registered accountholder. If adispute cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible. Sponsor and affiliated entities are not responsible for lost, misdirected, misplaced, stolen, tampered with, deleted, or invalid entries. The Contest Entities may run multiple campaigns, contests, sweepstakes, or other promotions simultaneously. Entry into one (1) campaign, contest, or sweepstakes does not constitute entry into any other.
4. Submission content guidelines
Submissions that do not meet the following “Content Guidelines” are subject to disqualification and/or removal from the TikTok platform (the “Application”), at Sponsor’s sole and absolute discretion, so read and follow these Content Guidelines:
• Submissions must comply with these Official Rules and any Terms of Use posted on the Contest Website and on the Application used, and must meet all specifications or requirements called for on the Application and other advertising for the Contest.
• During the Entry Period, Submissions cannot be displayed or distributed except by us and you must maintain all rights, without third party obligations, to transfer your Submission to us if you are selected as a Winner (defined below).
• Except for materials that are in the public domain, each Submission, in its entirety, must be a single work of original material created by the entrant, or for which entrant has all rights required to comply with these Official Rules, and suitable for presentation in a public forum.
• Submissions must not have been submitted previously in any contest of any kind or exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends and family) through any means previously.
• Except for materials in the public domain, Submissions must include only materials created by the entrant, or for which entrant has all rights required to comply with these Official Rules, and must not infringe, misappropriate, or otherwise violate the intellectual property rights of any other person or entity. Sponsor does not permit the infringement, misappropriation, or violation of others’ rights and any use of materials that infringe, misappropriate, or violate third-party rights is grounds for disqualification from the Contest and may subject you to liability. Do not copy your favorite movie, book, or photo or include materials, images, graphics, music, or trademarks belonging to any third parties or incorporate the names, voices, likeness, or personas of any party other than yourself unless you have obtained all rights necessary to permit you to use same in connection with your Submission and grant the rights herein granted to Sponsor. Entries that contain brand names, trademarks, or company logos are subject to disqualification.
• Submissions must not include material that: (a) is sexually explicit, indecent, obscene, violent, hateful, tortuous, defamatory, slanderous, or libelous, (b) is derogatory or promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, (c) invades the privacy or publicity rights of any person, living or deceased, (d) is unlawful, (e) is harmful to other users of the Contest Website or Application such as viruses, Trojan horses or other technologies that could adversely impact the Contest, and/or (f) is disparaging to Sponsor or is inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate (as determined by Sponsor in its sole and absolute discretion).
• Submissions should not reveal any personal information about another individual, including another person’s address, phone number, email address, credit card number, or any information that may be used to track, contact, or impersonate that individual.
• Submissions may only include original music created, performed and recorded solely by entrant (i.e., songs must be composed, lyrics written and performed and recorded by entrant) or pre-cleared music that is available in TikTok’s “Commercial Sounds” library as explicitly designated by TikTok on the Application. Submissions that include any other songs or recordings are inappropriate and will be subject to disqualification.
• Entrant must have permission from any individuals that appear in their Submission (e.g., family members, friends, or others).
• No background artwork should appear in the Submissions unless it is an original work of the entrant. Any artwork, murals, etc. that can be seen in Submissions must be created solely by the entrant or entrant must be the sole owner of all copyright interests therein.
• Submissions must be no longer than sixty (60) seconds in length.
• Entrants must not submit a Submission that, if selected, cannot be assigned to Sponsor as contemplated below.
Submissions that do not meet the following “Content Guidelines” are subject to disqualification and/or removal from the TikTok platform (the “Application”), at Sponsor’s sole and absolute discretion, so read and follow these Content Guidelines:
• Submissions must comply with these Official Rules and any Terms of Use posted on the Contest Website and on the Application used, and must meet all specifications or requirements called for on the Application and other advertising for the Contest.
• During the Entry Period, Submissions cannot be displayed or distributed except by us and you must maintain all rights, without third party obligations, to transfer your Submission to us if you are selected as a Winner (defined below).
• Except for materials that are in the public domain, each Submission, in its entirety, must be a single work of original material created by the entrant, or for which entrant has all rights required to comply with these Official Rules, and suitable for presentation in a public forum.
• Submissions must not have been submitted previously in any contest of any kind or exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends and family) through any means previously.
• Except for materials in the public domain, Submissions must include only materials created by the entrant, or for which entrant has all rights required to comply with these Official Rules, and must not infringe, misappropriate, or otherwise violate the intellectual property rights of any other person or entity. Sponsor does not permit the infringement, misappropriation, or violation of others’ rights and any use of materials that infringe, misappropriate, or violate third-party rights is grounds for disqualification from the Contest and may subject you to liability. Do not copy your favorite movie, book, or photo or include materials, images, graphics, music, or trademarks belonging to any third parties or incorporate the names, voices, likeness, or personas of any party other than yourself unless you have obtained all rights necessary to permit you to use same in connection with your Submission and grant the rights herein granted to Sponsor. Entries that contain brand names, trademarks, or company logos are subject to disqualification.
• Submissions must not include material that: (a) is sexually explicit, indecent, obscene, violent, hateful, tortuous, defamatory, slanderous, or libelous, (b) is derogatory or promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, (c) invades the privacy or publicity rights of any person, living or deceased, (d) is unlawful, (e) is harmful to other users of the Contest Website or Application such as viruses, Trojan horses or other technologies that could adversely impact the Contest, and/or (f) is disparaging to Sponsor or is inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate (as determined by Sponsor in its sole and absolute discretion).
• Submissions should not reveal any personal information about another individual, including another person’s address, phone number, email address, credit card number, or any information that may be used to track, contact, or impersonate that individual.
• Submissions may only include original music created, performed and recorded solely by entrant (i.e., songs must be composed, lyrics written and performed and recorded by entrant) or pre-cleared music that is available in TikTok’s “Commercial Sounds” library as explicitly designated by TikTok on the Application. Submissions that include any other songs or recordings are inappropriate and will be subject to disqualification.
• Entrant must have permission from any individuals that appear in their Submission (e.g., family members, friends, or others).
• No background artwork should appear in the Submissions unless it is an original work of the entrant. Any artwork, murals, etc. that can be seen in Submissions must be created solely by the entrant or entrant must be the sole owner of all copyright interests therein.
• Submissions must be no longer than sixty (60) seconds in length.
• Entrants must not submit a Submission that, if selected, cannot be assigned to Sponsor as contemplated below.
5. Intellectual property
Entrant, upon submission of their Submission to the Contest, irrevocably grants to Sponsor, and each of its licensees, successors, and assigns, the non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit the Submission, and all images, text, and materials included or depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised, throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, recreate, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine the Submission with other material and otherwise use and exploit it without having to give any compensation or attribution to entrants or any third party, except for the awarding of the prizes to the Winners (defined below) of this Contest. Entrants agree that during the Entry Period, they shall not make, and shall not permit, any other public use, display, or distribution of the Submissions, and they shall maintain all rights without encumbrances so that, if Sponsor desires, the applicable entrant can assign all right, title, and interest in and to their Submission if selected as a Winner (defined below). Sponsor, and each of its successors, assigns, and licensees, will have the right to make unlimited derivative works of Submissions, to assign or transfer any or all of Sponsor’s granted rights and to grant unlimited, multiple-level sublicenses. Without limiting the forgoing, Sponsor will have the right to use the Submissions submitted as part of the Contest, and all images, text, and materials included or depicted therein, in any merchandising, advertising, marketing, promotion, or for any other commercial or non-commercial purpose. Entrants hereby forever waive and relinquish all “moral rights” (droit moral) now or hereafter recognized in connection with Submissions submitted as part of the Contest. Entrants acknowledge that as a condition of participating in the Contest and/or being selected as a Winner (defined below), Sponsor may request that the entrant’s Submission, and any rights therein, be assigned to Sponsor and entrants may be required to confirm such assignment by completing and submitting the Prize Acceptance Documents (defined below) (and any other documents reasonably required by Sponsor) or such entrant will otherwise be disqualified from receiving their prize. Entrants must maintain the ability to assign all such rights to Sponsor free of any limitations, restrictions or third party obligations. Entrants agree that Sponsor shall have the sole discretion in determining the extent and manner of use of Submissions and are not obligated to use any Submission. Entrants agree that neither Sponsor nor its agents shall be responsible for return or preservation of the Submissions submitted. All Submissions that are posted on the Application or elsewhere are available to be viewed by anyone with access to the Internet.
Each entrant acknowledges that Submissions are not being submitted in confidence or in trust to Sponsor and that no confidential or fiduciary relationship is intended or created. Each entrant acknowledges that Sponsor and other entrants may have created ideas and concepts contained in their Submissions that may have familiarities or similarities to their own Submission, and that they will not be entitled to any compensation or right to negotiate with the Contest Entities because of these familiarities or similarities. Notwithstanding any custom and practice in the industry to pay an individual for an idea (if any), nothing herein shall create an implied or express contract to compensate entrants for their Submissions and there is no obligation for any Contest Entity to pay or otherwise compensate entrants for any of their ideas or materials in any communications with Sponsor, whatsoever. Submissions are not confidential and the Contest Entities’ only obligations to entrants regarding Submissions are as specifically set forth in these Official Rules. The decisions of the Sponsor are final and binding in all matters relating to this Contest, including interpretation and application of these Official Rules. Entrant, by participating in the Contest, except where legally prohibited, grants permission for Sponsor and its designees to use their name, address (city and state), photograph, voice, and/or other likeness and prize information for advertising, trade, and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval. Sponsor reserves the right to request from entrant at any time proof that entrant maintains all necessary rights in their Submission in order to grant Sponsor the rights required herein in a form acceptable to Sponsor. Failure to provide such proof may lead to, among other things, the entrant being disqualified from the Contest.
Entrant, upon submission of their Submission to the Contest, irrevocably grants to Sponsor, and each of its licensees, successors, and assigns, the non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit the Submission, and all images, text, and materials included or depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised, throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, recreate, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine the Submission with other material and otherwise use and exploit it without having to give any compensation or attribution to entrants or any third party, except for the awarding of the prizes to the Winners (defined below) of this Contest. Entrants agree that during the Entry Period, they shall not make, and shall not permit, any other public use, display, or distribution of the Submissions, and they shall maintain all rights without encumbrances so that, if Sponsor desires, the applicable entrant can assign all right, title, and interest in and to their Submission if selected as a Winner (defined below). Sponsor, and each of its successors, assigns, and licensees, will have the right to make unlimited derivative works of Submissions, to assign or transfer any or all of Sponsor’s granted rights and to grant unlimited, multiple-level sublicenses. Without limiting the forgoing, Sponsor will have the right to use the Submissions submitted as part of the Contest, and all images, text, and materials included or depicted therein, in any merchandising, advertising, marketing, promotion, or for any other commercial or non-commercial purpose. Entrants hereby forever waive and relinquish all “moral rights” (droit moral) now or hereafter recognized in connection with Submissions submitted as part of the Contest. Entrants acknowledge that as a condition of participating in the Contest and/or being selected as a Winner (defined below), Sponsor may request that the entrant’s Submission, and any rights therein, be assigned to Sponsor and entrants may be required to confirm such assignment by completing and submitting the Prize Acceptance Documents (defined below) (and any other documents reasonably required by Sponsor) or such entrant will otherwise be disqualified from receiving their prize. Entrants must maintain the ability to assign all such rights to Sponsor free of any limitations, restrictions or third party obligations. Entrants agree that Sponsor shall have the sole discretion in determining the extent and manner of use of Submissions and are not obligated to use any Submission. Entrants agree that neither Sponsor nor its agents shall be responsible for return or preservation of the Submissions submitted. All Submissions that are posted on the Application or elsewhere are available to be viewed by anyone with access to the Internet.
Each entrant acknowledges that Submissions are not being submitted in confidence or in trust to Sponsor and that no confidential or fiduciary relationship is intended or created. Each entrant acknowledges that Sponsor and other entrants may have created ideas and concepts contained in their Submissions that may have familiarities or similarities to their own Submission, and that they will not be entitled to any compensation or right to negotiate with the Contest Entities because of these familiarities or similarities. Notwithstanding any custom and practice in the industry to pay an individual for an idea (if any), nothing herein shall create an implied or express contract to compensate entrants for their Submissions and there is no obligation for any Contest Entity to pay or otherwise compensate entrants for any of their ideas or materials in any communications with Sponsor, whatsoever. Submissions are not confidential and the Contest Entities’ only obligations to entrants regarding Submissions are as specifically set forth in these Official Rules. The decisions of the Sponsor are final and binding in all matters relating to this Contest, including interpretation and application of these Official Rules. Entrant, by participating in the Contest, except where legally prohibited, grants permission for Sponsor and its designees to use their name, address (city and state), photograph, voice, and/or other likeness and prize information for advertising, trade, and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval. Sponsor reserves the right to request from entrant at any time proof that entrant maintains all necessary rights in their Submission in order to grant Sponsor the rights required herein in a form acceptable to Sponsor. Failure to provide such proof may lead to, among other things, the entrant being disqualified from the Contest.
6. Representations, warranties and indemnity
By entering the Contest, entrant represents and warrants that they have read, understand, agree to, and will follow the Official Rules. Entrant further represents and warrants that their Submission and all materials and matter therein: (a) (except for elements that are within the public domain or are provided by Sponsor for inclusion in Submissions) are wholly original with such entrant and are not a copy or imitation of any other material or entrant has all necessary rights to grant the Sponsor the rights granted hereunder and exercise such without obligation or liability to any third party; (b) will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third-party liability or obligations; and (c) is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof. Entrant further represents and warrants that they have the right to agree to and fully perform consistent with these Official Rules and that they have complied and have obtained all permissions, licenses and consents that are necessary for the submission of the Submission and the use of the Submission and to verify compliance with the foregoing requirements. Entrant agrees to provide to Sponsor at Sponsor’s request copies of all such permissions, licenses, and consents. Sponsor reserves the right, in its sole discretion, to disqualify any Submission that Sponsor determines does not comply with these Official Rules, to make such changes to any Submission as are necessary to make it compliant, or to require the entrant to do so. Entrant further acknowledges and agrees that they have not previously granted, assigned, or otherwise encumbered their Submission, or any images, text, and materials depicted therein, to any other third party. Further, entrant represents and warrants that Sponsor’s use of any Submission, including any images, text and materials depicted therein, shall not violate an agreement to which such entrant has signed. Entrant agrees to indemnify and hold the Released Parties (defined below) harmless from and against any third party claims, to the extent arising out of or relating to any breach of any representation, warranty or covenant made by entrant in connection with their acceptance of these Official Rules or Contest activities.
By entering the Contest, entrant represents and warrants that they have read, understand, agree to, and will follow the Official Rules. Entrant further represents and warrants that their Submission and all materials and matter therein: (a) (except for elements that are within the public domain or are provided by Sponsor for inclusion in Submissions) are wholly original with such entrant and are not a copy or imitation of any other material or entrant has all necessary rights to grant the Sponsor the rights granted hereunder and exercise such without obligation or liability to any third party; (b) will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third-party liability or obligations; and (c) is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof. Entrant further represents and warrants that they have the right to agree to and fully perform consistent with these Official Rules and that they have complied and have obtained all permissions, licenses and consents that are necessary for the submission of the Submission and the use of the Submission and to verify compliance with the foregoing requirements. Entrant agrees to provide to Sponsor at Sponsor’s request copies of all such permissions, licenses, and consents. Sponsor reserves the right, in its sole discretion, to disqualify any Submission that Sponsor determines does not comply with these Official Rules, to make such changes to any Submission as are necessary to make it compliant, or to require the entrant to do so. Entrant further acknowledges and agrees that they have not previously granted, assigned, or otherwise encumbered their Submission, or any images, text, and materials depicted therein, to any other third party. Further, entrant represents and warrants that Sponsor’s use of any Submission, including any images, text and materials depicted therein, shall not violate an agreement to which such entrant has signed. Entrant agrees to indemnify and hold the Released Parties (defined below) harmless from and against any third party claims, to the extent arising out of or relating to any breach of any representation, warranty or covenant made by entrant in connection with their acceptance of these Official Rules or Contest activities.
7. Determining the winner(s)
After the conclusion of the Entry Period, the fifty (50) videos with the highest amount of TikTok views and that each have a minimum of 25,000 TikTok views will be reviewed by a team of judges (the “Judges”) assembled by Sponsor, who will review and judge the fifty (50) eligible Submissions based on the following judging criteria (collectively, the “Judging Criteria”):
• 33.33% content;
• 33.33% creativity; and
• 33.33% originality.
Based on the total score the Judges assign to each Submission using the Judging Criteria, the four (4) Submissions with the highest score will be selected by the Judges to win $500 each. If there is a tie after the Judges apply the Judging Criteria, Sponsor will bring in a tie-breaking Judge to apply the same Judging Criteria to break the tie and determine Winner. The four (4) winning videos will be potential “Winners,” subject to confirmation that the potential Winners have met the eligibility requirements and complied with these Official Rules.
After the conclusion of the Entry Period, the fifty (50) videos with the highest amount of TikTok views and that each have a minimum of 25,000 TikTok views will be reviewed by a team of judges (the “Judges”) assembled by Sponsor, who will review and judge the fifty (50) eligible Submissions based on the following judging criteria (collectively, the “Judging Criteria”):
• 33.33% content;
• 33.33% creativity; and
• 33.33% originality.
Based on the total score the Judges assign to each Submission using the Judging Criteria, the four (4) Submissions with the highest score will be selected by the Judges to win $500 each. If there is a tie after the Judges apply the Judging Criteria, Sponsor will bring in a tie-breaking Judge to apply the same Judging Criteria to break the tie and determine Winner. The four (4) winning videos will be potential “Winners,” subject to confirmation that the potential Winners have met the eligibility requirements and complied with these Official Rules.
8. Winner notification
The four (4) potential Winners will be notified by electronic message through the Application on or about October 10 2023 unless extended by Sponsor. Sponsor is not responsible for false, incorrect, changed, incomplete, or illegible contact information. Notification is deemed to have occurred immediately upon sending of an electronic message. The potential Winners may be required to execute and return an affidavit of eligibility, a liability release, a publicity release and/or services and performances agreements (collectively, “Prize Acceptance Documents”) within the time period specified at notification before being eligible to receive their prize. If such documents are not returned within the specified time period, a prize or prize notification is returned as undeliverable, Sponsor is unable to contact a potential Winner or a potential Winner is not in compliance with these Official Rules, the prize will be forfeited and, at Sponsor’s discretion, an alternate winner selected. Parents or legal guardians of a potential Winner under the age of majority in their state of residence may be required to also sign the Prize Acceptance Documents in order for the potential Winner to be qualified to receive their prize.Non-compliance shall result in disqualification and award of the prize to an alternate winner. If any potential Winner is found to be ineligible, or if they have not complied with these Official Rules, or declines a prize for any reason prior to award, such potential Winner may be disqualified and an alternate potential winner may be selected. The Sponsor is not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify a potential Winner.
The four (4) potential Winners will be notified by electronic message through the Application on or about October 10 2023 unless extended by Sponsor. Sponsor is not responsible for false, incorrect, changed, incomplete, or illegible contact information. Notification is deemed to have occurred immediately upon sending of an electronic message. The potential Winners may be required to execute and return an affidavit of eligibility, a liability release, a publicity release and/or services and performances agreements (collectively, “Prize Acceptance Documents”) within the time period specified at notification before being eligible to receive their prize. If such documents are not returned within the specified time period, a prize or prize notification is returned as undeliverable, Sponsor is unable to contact a potential Winner or a potential Winner is not in compliance with these Official Rules, the prize will be forfeited and, at Sponsor’s discretion, an alternate winner selected. Parents or legal guardians of a potential Winner under the age of majority in their state of residence may be required to also sign the Prize Acceptance Documents in order for the potential Winner to be qualified to receive their prize.Non-compliance shall result in disqualification and award of the prize to an alternate winner. If any potential Winner is found to be ineligible, or if they have not complied with these Official Rules, or declines a prize for any reason prior to award, such potential Winner may be disqualified and an alternate potential winner may be selected. The Sponsor is not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify a potential Winner.
9. Prize(s) and values
The prizes to be awarded in this Contest are as follows:
• Four (4) Prizes (Winners with the highest-scoring Submission): Five-hundred dollars ($500) (USD).
Prize provider does not necessarily endorse the Contest or Contest Entities. The prizes are non-transferable, with no cash redemptions, equivalents, or substitutions except at Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide a Winner with their prize, the Sponsor may elect, to provide the Winner with the approximate value of such item in cash or award an alternate prize of comparable or greater value. In the event a Winner engages in behavior that (as determined by Sponsor or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, threatening, illegal, or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the right to receive a prize, including ending an applicable experience early. The prizes are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Each Winner will be solely responsible for all federal, state, local, and/or provincial taxes, and for any other fees or costs associated with the prize they receive, regardless of whether they, in whole or in part, are used. The approximate retail value (“ARV”) of the prize is based on available information provided to Sponsor and the value of any prize awarded to a Winner may be reported for tax purposes as required by law. Each Winner may be required to provide Sponsor with a valid social security number before the prize will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of a Winner, or if a minor in the jurisdiction in which they reside, in the name of their parent or legal guardian, for the actual value of the prize received. An unclaimed prize will be forfeited. The total ARV of the prizes awarded in this Contest is two thousand dollars ($2,000) (USD). Prizes to be delivered via electronic means to the Winners within thirty (30) days of the Winner’s delivery of the signed Prize Acceptance Documents.
The prizes to be awarded in this Contest are as follows:
• Four (4) Prizes (Winners with the highest-scoring Submission): Five-hundred dollars ($500) (USD).
Prize provider does not necessarily endorse the Contest or Contest Entities. The prizes are non-transferable, with no cash redemptions, equivalents, or substitutions except at Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide a Winner with their prize, the Sponsor may elect, to provide the Winner with the approximate value of such item in cash or award an alternate prize of comparable or greater value. In the event a Winner engages in behavior that (as determined by Sponsor or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, threatening, illegal, or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the right to receive a prize, including ending an applicable experience early. The prizes are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Each Winner will be solely responsible for all federal, state, local, and/or provincial taxes, and for any other fees or costs associated with the prize they receive, regardless of whether they, in whole or in part, are used. The approximate retail value (“ARV”) of the prize is based on available information provided to Sponsor and the value of any prize awarded to a Winner may be reported for tax purposes as required by law. Each Winner may be required to provide Sponsor with a valid social security number before the prize will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of a Winner, or if a minor in the jurisdiction in which they reside, in the name of their parent or legal guardian, for the actual value of the prize received. An unclaimed prize will be forfeited. The total ARV of the prizes awarded in this Contest is two thousand dollars ($2,000) (USD). Prizes to be delivered via electronic means to the Winners within thirty (30) days of the Winner’s delivery of the signed Prize Acceptance Documents.
10. General conditions
Released Parties (as defined below) are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, delayed, garbled or damaged entries; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, the announcement of the prizes or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by Application users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Contest or downloading materials from or use of the Contest Website. Persons who tamper with or abuse any aspect of the Contest, Contest Website, or Application or who are in violation of these Official Rules, as solely determined by Sponsor, may be disqualified and all associated entries voided, all in Sponsor’s sole judgment. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, or should the Contest be unable to run as planned for any other reason, Sponsor reserves the right, in its sole discretion to suspend, modify or terminate the Contest and, if terminated, at its discretion, select a potential Winner from all eligible, non-suspect entries received prior to the action taken or as otherwise deemed fair and appropriate by Sponsor. The Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email or other account to receive messages. CAUTION: ANY ATTEMPT TO DAMAGE THE CONTEST WEBSITE OR APPLICATIONS OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR MAY DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
Released Parties (as defined below) are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, delayed, garbled or damaged entries; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, the announcement of the prizes or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by Application users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Contest or downloading materials from or use of the Contest Website. Persons who tamper with or abuse any aspect of the Contest, Contest Website, or Application or who are in violation of these Official Rules, as solely determined by Sponsor, may be disqualified and all associated entries voided, all in Sponsor’s sole judgment. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, or should the Contest be unable to run as planned for any other reason, Sponsor reserves the right, in its sole discretion to suspend, modify or terminate the Contest and, if terminated, at its discretion, select a potential Winner from all eligible, non-suspect entries received prior to the action taken or as otherwise deemed fair and appropriate by Sponsor. The Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email or other account to receive messages. CAUTION: ANY ATTEMPT TO DAMAGE THE CONTEST WEBSITE OR APPLICATIONS OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR MAY DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
11. Release
By participating in the Contest, entrant agrees to release, discharge, indemnify, and hold harmless the Contest Entities, Apple, and TikTok, and each of their respective directors, officers, employees, agents, successors and assigns (“Released Parties”), from and against and any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to entrant’s participation in the Contest and/or related to any prize (including, without limitation, losses, damages or injuries to entrant’s or any other person’s equipment or other property, or to their persons, related to participation in the Contest; or arising out of any actual or alleged violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property or other rights; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Contest activity and/or prize). Without limiting the generality of the foregoing, entrants agree that the Released Parties have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Contest and/or with respect to prizes, including, without limitation, to any prize’s quality or fitness for a particular purpose. Entrants agree and that the Released Parties shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or Internet service provider utilized by Sponsor interruption or inability to access the website, application or any online service via the Internet due to hardware or software compatibility problems; any damage to participant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Contest; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. Each entrant further agrees to indemnify and hold harmless the Released Parties from and against any and all liability resulting or arising from the Contest and to release all rights to bring any claim, action or proceeding against Released Parties and hereby acknowledge that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a prize supplier that may be sent along with a prize.
By participating in the Contest, entrant agrees to release, discharge, indemnify, and hold harmless the Contest Entities, Apple, and TikTok, and each of their respective directors, officers, employees, agents, successors and assigns (“Released Parties”), from and against and any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to entrant’s participation in the Contest and/or related to any prize (including, without limitation, losses, damages or injuries to entrant’s or any other person’s equipment or other property, or to their persons, related to participation in the Contest; or arising out of any actual or alleged violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property or other rights; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Contest activity and/or prize). Without limiting the generality of the foregoing, entrants agree that the Released Parties have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Contest and/or with respect to prizes, including, without limitation, to any prize’s quality or fitness for a particular purpose. Entrants agree and that the Released Parties shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or Internet service provider utilized by Sponsor interruption or inability to access the website, application or any online service via the Internet due to hardware or software compatibility problems; any damage to participant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Contest; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. Each entrant further agrees to indemnify and hold harmless the Released Parties from and against any and all liability resulting or arising from the Contest and to release all rights to bring any claim, action or proceeding against Released Parties and hereby acknowledge that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a prize supplier that may be sent along with a prize.
12. Publicity release
Subject to applicable law, each Winner irrevocably grants the Released Parties and each of their licensees, and its and their successors, assigns and sub-licensees the right and permission to use their name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Contest, in all forms of media and by any and all means and media (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration, except for the awarding of the prize to the Winner.
Subject to applicable law, each Winner irrevocably grants the Released Parties and each of their licensees, and its and their successors, assigns and sub-licensees the right and permission to use their name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Contest, in all forms of media and by any and all means and media (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration, except for the awarding of the prize to the Winner.
13. Suspension / Modification / Termination
In the event Sponsor is prevented from continuing with the Contest by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Contest by any party, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each, a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend or terminate the Contest. Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Contest should a Force Majeure event or occurrence corrupt or interfere with the administration, integrity, operation, security, or proper play of the Contest; or (b) to disqualify any entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Contest, (ii) acting in violation of these Official Rules, or (iii) acting in an un-sportsmanlike manner. The Released Parties are not responsible for any changes or unavailability of the social media platform used for purposes of administering this Contest that may interfere with the Contest (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use the social media platform for the Contest as set forth herein that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communicate with Sponsor via the social media platform, in which case Sponsor, in its sole discretion, may terminate or modify the Contest.
In the event Sponsor is prevented from continuing with the Contest by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Contest by any party, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each, a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend or terminate the Contest. Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Contest should a Force Majeure event or occurrence corrupt or interfere with the administration, integrity, operation, security, or proper play of the Contest; or (b) to disqualify any entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Contest, (ii) acting in violation of these Official Rules, or (iii) acting in an un-sportsmanlike manner. The Released Parties are not responsible for any changes or unavailability of the social media platform used for purposes of administering this Contest that may interfere with the Contest (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use the social media platform for the Contest as set forth herein that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communicate with Sponsor via the social media platform, in which case Sponsor, in its sole discretion, may terminate or modify the Contest.
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All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00) (USD), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00) (USD), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00) (USD), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00) (USD), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
15. Dispute resolution
The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in San Francisco, California and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Contest shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration,” then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in San Francisco, California. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in San Francisco, California. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in San Francisco, California and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Contest shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration,” then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in San Francisco, California. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in San Francisco, California. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
16. No obligation to use
Sponsor shall have no obligation (express or implied) to use any or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the Submission for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof.
Sponsor shall have no obligation (express or implied) to use any or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the Submission for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof.
17. Dates & deadlines / Anticipated number of contestants
Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Sponsor cannot accurately predict the number of entrants who will participate in the Contest.
Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Sponsor cannot accurately predict the number of entrants who will participate in the Contest.
18. Further documentation
If Sponsor shall desire to secure additional assignments, certificates of engagement for the Submission or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then entrant agrees to sign the same upon Sponsor’s request therefor.
If Sponsor shall desire to secure additional assignments, certificates of engagement for the Submission or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then entrant agrees to sign the same upon Sponsor’s request therefor.
19. List of contest winner
To receive any legally required disclosure of the Winners, send a stamped self-addressed envelope to Viral Contest Winners List, Attn: Sociaaal LLC, 311 2nd Street, Sausalita, California 94965, within sixty (60) days of expiration of the Entry Period.
To receive any legally required disclosure of the Winners, send a stamped self-addressed envelope to Viral Contest Winners List, Attn: Sociaaal LLC, 311 2nd Street, Sausalita, California 94965, within sixty (60) days of expiration of the Entry Period.
20. Identification of sponsor
This Contest is sponsored by Sociaaal LLC, 311 2nd Street, Sausalita, California 94965. Reference to third parties in connection with prizes and/or third party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship, or affiliation with Sponsor or the Contest
This Contest is sponsored by Sociaaal LLC, 311 2nd Street, Sausalita, California 94965. Reference to third parties in connection with prizes and/or third party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship, or affiliation with Sponsor or the Contest
21. Information submitted
As a condition of entering the Contest, entrant gives consent for Sponsor to obtain and deliver their name, address, and other information to third parties for the purpose of administering this Contest and to comply with applicable laws, regulations, and rules. Any information entrant provides to Sponsor may be used to communicate with entrant in relation to this Contest or on a Contest Winners list. Any information submitted will be subject to Sponsor’s privacy policy available at: https://sociaaal.notion.site/Litstick-Privacy-227647694cef4cb9ba9e9b610903ba5c.
As a condition of entering the Contest, entrant gives consent for Sponsor to obtain and deliver their name, address, and other information to third parties for the purpose of administering this Contest and to comply with applicable laws, regulations, and rules. Any information entrant provides to Sponsor may be used to communicate with entrant in relation to this Contest or on a Contest Winners list. Any information submitted will be subject to Sponsor’s privacy policy available at: https://sociaaal.notion.site/Litstick-Privacy-227647694cef4cb9ba9e9b610903ba5c.
22. Miscellaneous
The invalidity or unenforceability of any provision of these Official Rules or the Prize Acceptance Documents will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Prize Acceptance Documents is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials, privacy policy or terms of use on the Contest Website or Application and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern, and control.
The invalidity or unenforceability of any provision of these Official Rules or the Prize Acceptance Documents will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Prize Acceptance Documents is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials, privacy policy or terms of use on the Contest Website or Application and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern, and control.