OFFICIAL RULES
SToPP 5K FACEBOOK CONTEST (“Contest”):
How to Enter: Entrant must post video (for the video contest) and a photo (for the photo contest) that begins September 27, 2015 at 12:01 AM (ET) through October 25, 2015, at 11:59 PM (ET) (the “Entry Period”), follow the online instructions to upload and submit one photograph (for the photo contest) and one video (for the video contest) of your best slogan to support the SToPP 5k walk/run and to raise awareness, empower campus peer leaders, and educate college administrators about ways to end campus sexual assault anytime between September 27-October 25, 2015. Tag it with #SToPP5kContest and you'll be entered to win.
Registration with Facebook is required to enter the Contest. There is no cost to register with Facebook. If you do not have a Facebook account, you can sign up for one either at the app store or at www.facebook.com. Entries must be received before the end of the Entry Period and the Sponsor’s database clock will be the official timekeeper for this Contest. Entries become the exclusive property of Sponsor and will not be returned or acknowledged. Due to 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.
Winner Selection: During the Entry Period, the Sponsor will review all of the entries for eligibility received as of October 25,2015 and select the winner. All eligible entries will be judged by Sponsor based on the following criteria: photographic (video for the video contest) quality (20%), originality (30%), creativity (30%), adherence to the rules (10%), and a general sense of the SToPP5K mission and focus (10%). In the event of a tie, the person among the tied entrants with the highest score in artistic quality will be the winner. The determination of the winner will be in the judge(s) discretion, and shall be final and binding. In the event the Sponsor does not receive any eligible entries, the Sponsor has the right to cancel the Contest. By participating in the Contest, entrant certifies that his/her entry is original, has not been previously published or won any award, and does not contain any material that would violate or infringe upon the rights of any third party, including copyrights, trademarks or rights or privacy or publicity. Sponsor reserves the right in its sole and unfettered discretion to disqualify any entry that it believes contains obscene, offensive or inappropriate content, that does not comply with these Official Rules or that is not consistent with the spirit or theme of the contest. The decision of the Sponsor and judges is final and binding on all matters relating to the Contest. In the event the Sponsor does not receive any eligible entries, the Sponsor has the right to cancel the Contest.
Prizes and Approximate Retail Values: There will be a 1st, 2nd and 3rd place winner for the photo contest and a 1st, 2nd and 3rd place winner for the video contest. Prizes include a $100 gift card for the 1st place winner for the photo contest and a $100 gift card for the 1st place winner for the video contest, The New Agenda tote bag and hat for the 2nd place winner for the photo contest and The New Agenda tote bag and hat for the 2nd place winner for the video contest; and The New Agenda hat for the 3rd place winner for the photo contest and The New Agenda hat for the 3rd place winner for the video contest. The winner will be notified by via email by Sponsor promptly following the winner selection on or about November 1, 2015 and must respond via email address providing contact information within 48 hours from notification or an alternate potential winner will be selected. Prize will be awarded only if the potential winner fully complies with these Official Rules. In the event the Winner does not accept the prize within five (5) business days of notification, the prize will be deemed forfeited and an alternate Winner will be selected. In the event Sponsor attempts to award the Prize to five (5) entrants and all five entrants either fail to respond as stated above, decline the prize, then the Sponsor, in its sole discretion, shall have the right to terminate the Contest.
Winners’ List: The name of the winner of this Contest will be posted on The New Agenda website (www.thenewagenda.net) and The New Agenda Facebook page (https://www.facebook.com/thenewagenda) November 14, 2015. Incomplete or entry forms that have been tampered with will be disqualified.
1. ENTRIES: Entries using macro, robotic, script or other forms of automatic entry will be disqualified. Entries become the property of the Sponsor and will not be returned. Proof of entry does not constitute proof of receipt. Sponsor is not responsible for lost, late, misdirected, incomplete entries. If there is a dispute as to the identity of an online entrant, the prize will be awarded to the authorized account holder of the email address. The “authorized account holder” is defined as the natural person to whom the email address is assigned by an Internet service provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
2. OWNERSHIP. (i) Your image must be your own original image, created and shot by and/or featuring you; must not have been previously published, released or distributed in any form; must not have been entered into any other drawing or competition nor won any award; and must not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity. Modification of an existing image does not count as original for purposes of this contest. ii) You represent that you have the express consent of any identifiable persons appearing in the image to their likeness being used in the ways set out in these Official Rules, including Sponsor’s right to use the image for any future commercial or educational purpose without restrictions. Upon request, you will obtain written consent of any such persons for Sponsor. The image must not contain any personally identifiable information of any person. (iii) Excepting those of Sponsor, the image must not contain or reference any names, products or services of any company or entity or any third party trademarks, logos, trade dress or promotion of any brand, product or service. (iv) The image must not be lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, violate any laws or otherwise contain content, which Sponsor in its sole discretion decides is inappropriate or objectionable. Entries that do not comply with the above requirements may not be eligible and, if submitted, may be removed at any time in Sponsor’s sole discretion. Sponsor reserves the right in its sole discretion to disqualify any entry that it believes violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these Official Rules. Entrants agree to reimburse Sponsor and Sponsor Affiliates in full in respect of any losses, damages, and expenses, including reasonable attorney fees that they may sustain from the breach of a representation or warranty made by the entrant or the use of any rights granted by the entrant to Sponsor hereunder. By entering, entrant warrants that the submitted image complies with the entry requirements set out above including those at (i)-(iv) above. By entering, entrant grants to Sponsor a non-exclusive, worldwide, royalty-free, sub-licensable, assignable license to reproduce that image and to otherwise use, exploit, copy, modify, alter, morph, scan, adapt, edit, publish and display the image in any form, manner, venue, media or technology now known or later developed for any and all purposes, including, without limitation, for purposes of trade, advertising, and promotion as Sponsor and its licensees or assignees determine, without further compensation, notification, or permission. Further, by entering, the entrant hereby waives any moral rights the entrant may have in the image in favor of the Sponsor. At Sponsor’s request and in its sole discretion, entrants may be required to execute an assignment and release transferring all rights and ownership of their image to Sponsor, the form of such assignment to be determined by Sponsor. By submitting your entry in the Contest, you acknowledge and agree that Sponsor will own all entries submitted by you in the Contest. Sponsor shall have no obligation (express or implied) to use any entry, or to otherwise exploit any entry or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the entry(ies) for any reason or no reason at all, and no entrant shall be entitled to any damages or other relief by reason thereof.
3. ELIGIBILITY: Open to legal residents of the 50 United States, the District of Columbia and Canada between the ages of 18-24 in their state, territory, or province of residence at time of entry. Void in Puerto Rico, Quebec Province and where prohibited by law. Employees of Sponsor, its members, affiliates and subsidiaries (and members of their immediate family and/or those living in the same of household of each such employee) (collectively, the “Promotion entities”) are not eligible.
4. CONDITIONS OF PARTICIPATION: Entrants must have a valid e-mail address and it is entrant’s responsibility to update Sponsor of any change in e-mail address. Expenses not specifically included in prize description and all taxes are the sole responsibility of the winner. Each prize is awarded “as is” with no warranty or guarantee, either express or implied outside of manufacturer's limited warranty. No transfer, assignment or substitution of a prize permitted, except Sponsor reserves the right to substitute prize for an item of equal or greater value in the event an advertised prize is unavailable. The Winner is required to comply with any and all applicable federal, state, provincial, if Canadians are eligible to enter, and local laws, rules and regulations. All federal, state and local taxes, and any other costs not specifically provided for in these Official Rules are solely the Winner’s responsibility. Sponsor shall have no responsibility or obligation to the Winner or potential Winner who are unable or unavailable to accept or utilize Prizes as described herein. Entrants agree to be bound by the terms of these Official Rules and by the decisions of Sponsor, which are final and binding on all matters pertaining to this Contest. Winner may be required to sign and return an Affidavit of Eligibility, a Liability Release and where legally permissible a Publicity Release within 7 days following the date of first attempted notification. Failure to comply with this deadline may result in forfeiture of the prize and selection of an alternate winner. By entering, Entrant grants permission for Sponsor to use the entrant’s submission (including an altered form of the entry) for editorial, advertising and promotional purposes without additional compensation, unless prohibited by law. If images are being submitted to Sponsor as a requirement for entry, Entrants agree that they have all rights to use the images submitted and to allow Sponsor to reuse any of the images, without any liability, for editorial, advertising and promotional purposes. If requested by Sponsor, the winner must sign a release allowing for editorial, advertising, and promotional use of the entry, as a condition of accepting the prize, however, if the winner has not reached the age of majority at the time of entry, a signed parental consent form from the Winner’s parent or guardians, as well as consent forms from all other people appearing in the entry (and if applicable, his/her parents or guardians if the participant has not reached the age of majority at the time the video is taken) will be required. Return of any prize/prize notification as undeliverable may result in disqualification and selection of an alternate winner. Winner hereby further agrees that it will sign any documents necessary to transfer copyright of the entry to Sponsor within 7 days following the date of first attempted notification. Acceptance of the prize constitutes permission for Sponsor and its agencies to use winner’s name and/or likeness, biographical material and/or entry (including an altered form of the entry) for advertising and promotional purposes without additional compensation, unless prohibited by law. By accepting prize, winner agrees to hold Sponsor and its members, subsidiaries, affiliates, partners, representative agents, successors, assigns, officers, directors, and employees harmless for any injury or damage caused or claimed to be caused by participation in the Contest or acceptance or use of the prize. Sponsor is not responsible for any printing, typographical, mechanical or other error in the printing of the offer, administration of the Contest or in the announcement of the prize. This Contest is in no way sponsored, endorsed or administered by, or otherwise associated with, Instagram or Facebook. You understand that you are providing your information to Sponsor and not to Instagram or Facebook.
5. REPRESENTATIONS AND WARRANTIES / INDEMNIFICATION: By participating in the Contest, entrant warrants and represents that his/her entry is original to the entrant, has not been previously published or won any award, and does not contain any material that would violate or infringe upon the rights of any third party, including copyrights (including, without limitation, copyrighted images or footage), trademarks or rights of privacy or publicity. The entrant further warrants and represents that entrant has all appropriate clearances, permissions and releases for the entry, including releases from all persons appearing in the photograph, location releases for all recognizable locations, and releases from anyone who assisted in the creation of the photograph. The entrant must be able to provide on request all appropriate clearances, permissions and releases for the entry, including releases from all persons appearing in the photograph, location releases for all recognizable locations and releases from anyone who assisted in the creation of the photograph. In the event an entrant cannot provide all required releases, Sponsor reserves the right, in Sponsor’s sole discretion, to disqualify the applicable entry or seek to secure the releases and clearances for Sponsor’s benefit. The photograph may not feature nudity or obscene language or material that is libelous or defamatory. Each entrant hereby agrees to indemnify and hold the Sponsor and Promotion entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.
Sponsor reserves the right in its sole and unfettered discretion to disqualify any entry that it believes contains obscene, offensive or inappropriate content, that does not comply with these official rules or that is not consistent with the spirit or theme of the contest. The decision of the Sponsor and its judges is final and binding on all matters relating to the Contest. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects.
Sponsor reserves the right, in its sole and absolute discretion, to disqualify any entry that violates the above criteria.
- 6. INTERNET: Sponsor is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Sponsor or presenter on account of technical problems or traffic congestion on the Internet or at any Web site or any combination thereof. If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest. Sponsor reserves the right to select winners from eligible entries received as of the termination date. Sponsor further reserves the right to disqualify any individual who tampers with the entry process. Sponsor may prohibit an entrant from participating in a Contest if it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception or other unfair playing practices or intending to abuse, threaten or harass other entrants. Caution: Any attempt by a participant to deliberately damage any Web site or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such participant to the fullest extent of the law.
DISPUTES/CHOICE OF LAW: Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in New York, New York, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees; and (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, "Special Damages"), and (4) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. New York State law, without reference to New York’s choice of law rules, governs the Contest and all aspects related thereto. By entering the Contest, entrants (and any minor entrant’s parent or legal guardian) agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event will attorneys’ fees be awarded or recoverable; and (3) 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 or consequential damages and/or any other damages, other than actual out-of-pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased.
- 9. SPONSOR: The Sponsor of this Contest is The New Agenda Foundation.
