NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
THESE OFFICIAL RULES CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST EACH OF ADMINISTRATOR OR SPONSOR TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST EACH OF ADMINISTRATOR OR SPONSOR ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
- Contest Description: The [Celebrating Sustainably] (“Contest”) begins on [12/12/16] at [5pm] (Eastern Time) and ends on [12/16/16] (the “Contest End Date”) at [12pm] (Eastern Time) or after [10,000] entries have been made (such period, the “Contest Period”). By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Apifia, Inc. DBA MAVRCK (“Administrator”) and Sponsor (as defined below), which shall be final and binding in all respects. Administrator is responsible for the collection, submission or processing of Entries and the overall administration of the Contest. Entrants should look solely to Administrator with any questions, comments or problems related to the Contest. The Contest is sponsored by [Tom’s of Maine], headquartered at [302 Lafayette Plaza Kennebunk, ME 04043] (“Sponsor”). The Contest is in no way sponsored, endorsed or administered by, or associated with [Instagram]. You are providing your information to Sponsor and Administrator, and not to [Instagram].
- Eligibility: Open to registered members of Administrator’s Influencer Community for Sponsor who have been presented with an opportunity to participate in the Contest through such Influencer Community and who are legal residents of the fifty (50) United States and the District of Columbia who are 18 years or older at the time of entry. Entries are limited to individuals only; commercial enterprises and business entities are not eligible. Failure to comply with the terms and conditions in these Official Rules will result in disqualification, and will allow Sponsor to select an alternate winner. THIS CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. Administrator, Sponsor, and their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies and each of their respective officers, directors and employees (collectively, the “Promotion Entities”), and members of their immediate families and/or persons living in the same household as such persons, are ineligible to enter the Contest or win a prize.
Entries that are submitted in connection with the Contest will only be eligible if such entries do not contain content that is unlawful, hateful or obscene, in the sole discretion of Administrator, and do not include any other identifiable individual other than the individual participant unless prior express consent is obtained from such individual. Administrator will allow only those entries that meet all of these criteria, in the sole discretion of Administrator, to be posted.
- How to Enter: To enter the Contest, go to https://tomsofmaine.mavrck.co/community/ and supply the required information (including a valid email address) and perform the following activities [submit a photo showing your family celebrating sustainably] during the Contest Period. One entry per person. Subsequent attempts made by the same individual to submit multiple entries by using multiple accounts or otherwise may be disqualified. Entries are subject to any applicable restrictions or eligibility requirements listed herein. Entries will be deemed made by the authorized account holder of the email or telephone phone number submitted at the time of entry and qualification. Administrator and Sponsor are not responsible for entries not received due to difficulty accessing the Internet, service outage or delays, computer difficulties and other technological problems. Automated or robotic Entries submitted by individuals or organizations will be disqualified. Multiple participants are not permitted to share the same email address. Should multiple users of the same e-mail account or mobile phone number, as applicable, enter the Contest and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said e-mail account or mobile phone account at the time of entry will be considered the entrant. “Authorized account holder” is defined as the natural person who is assigned an e-mail address or mobile phone number by an Internet access provider, on-line service provider, telephone service provider or other organization which is responsible for assigning e-mail addresses, phone numbers or the domain associated with the submitted e-mail address. Proof of submission of an entry shall not be deemed proof of receipt by the website administrator for online entries. When applicable, Administrator’s computer will be deemed the official time keeping device for the Contest. Entries will be disqualified if found to be incomplete and/or if prohibited multiple entries are determined. Neither Administrator nor Sponsor assumes no responsibility for entrants not making timely entries as a result of the delays in the Internet stream or otherwise.
- Use of Content: When you post or submit any content in connection with the Contest, you hereby represent and warrant that you have the right to grant, and do hereby grant, to each of Sponsor and Administrator the paid-up, royalty-free, perpetual, irrevocable, sublicensable, non-exclusive right and license to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any such content (in whole or in part) worldwide and/or to incorporate all or any portion of it in other works in any form, media or technology now known or later developed for the full term of any patent, trademark, trade secret, copyright or other proprietary rights of any party that may exist in such content; and (b) use the content, including without limitation, the right and license to make, use, sell, offer for sale, and import any products and/or services which practice or embody, or are configured for use in practicing, all or any portion of the content and the right to practice. You represent and warrant that the content has not been copied from any third party and its use by Sponsor and Administrator will not infringe or involve the misappropriation of any third party rights and agree to indemnify and hold harmless Sponsor, Administrator and all other third parties licensed above from and against any breach of this warranty. Under no circumstances will Sponsor or Administrator be required to treat such content as confidential. Sponsor and Administrator will be entitled to use the content in accordance with this Section without permission from or compensation to you or any other person. For the avoidance of doubt, neither Sponsor nor Administrator will not liable to you or any other person for any ideas for Sponsor’s or Administrator’s business (including, without limitation, product designs or ideas) derived from the content and will not incur any liability as a result of any similarities to the content that may appear in any future products or services of Sponsor or Administrator.
- Winner Selection: On or about [12/16/16] (the “Selection Date”), the potential winner(s) will be selected. A panel of qualified judges determined by Sponsor in its sole discretion will select the entrant with the highest-scoring entry from among all eligible entries received by the Contest End Date based on the following criteria:
- Relevance to Contest Theme of celebrating sustainably and driving likes (40%)
- Originality (30%)
- Creativity (30%)
In the event of a tie between two or more entrants, the entrant whose entry received the highest score for Relevance to Contest Theme, as determined by the qualified judges, in their sole discretion, will be deemed the winner among the tied entrants.
Winner(s) will be notified by email at the email address provided in the entry on or about 48 hours after the Selection Date. In the event a winner does not accept a prize within [72 hours of such notice], a winner is ineligible, or the prize or prize notification is not deliverable, an alternate winner may be selected. Sponsor and Administrator are not responsible for and shall not be liable for late, lost, misdirected or unsuccessful efforts to notify a winner. Each winner agrees to Sponsor’s use of their name, address, likeness, and/or prize information for promotional purposes in any medium without additional compensation to the extent permitted by law. Where lawful, the winner may be required to sign and return an Affidavit of Eligibility, Release of Liability, and Publicity Release.
Only one (1) prize per person and per household will be awarded. Gift cards and gift certificates are subject to the terms and conditions of the issuer. Prizes cannot be transferred, redeemed for cash or substituted by winner(s). Administrator reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value if a prize described in these Official Rules is unavailable or cannot be awarded, in whole or in part, for any reason. The ARV of the prize represents Administrator’s good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the prize turns out to be less than the stated ARV, the difference will not be awarded in cash. Administrator makes no representation or warranty concerning the appearance, safety or performance of any prize awarded. Restrictions, conditions, and limitations may apply. Administrator will not replace any lost or stolen prize items.
Sponsor or Administrator will ship the prize to the winner(s) within 1-5 weeks of the receipt of a signed affidavit for approved entries. Prizes are not transferable. No substitution of prize for cash or other goods or services is permitted, except that Sponsor reserves the right to provide substitute prizes of approximately equal value. Prize winners are responsible for all taxes and fees related to any prize received. If the value of the prize is $600 or greater, the winner(s) will be issued an IRS 1099 U.S. Tax Form “Miscellaneous Income” for the actual value of the prize and are advised to seek independent counsel regarding the tax implications of the prize winnings. In order to receive a prize, winner(s) may be required to provide proof of identification. Actual retail value of prizes may vary due to market conditions. The difference in value of prize as stated herein and value at time of prize notification, if any, will not be awarded.
Prize(s) will only be awarded and/or delivered to addresses within the United States. All federal, state and/or local taxes, fees, and surcharges are the sole responsibility of the prize winner(s). Failure to comply with these Official Rules will result in forfeiture of the prize.
- Limitation of Liability: Sponsor, Administrator and [Instagram], and their respective agents, directors, officers, shareholders, employees, insurers, servants, parents, subsidiaries, divisions, affiliates, predecessors, successors, representatives, advertising, promotion, and fulfillment agencies, and legal advisors (the “Released Entities”), are not responsible for, shall not be liable for, and hereby disclaim (to the fullest extent permitted by law), all liability arising from or relating to: (i) any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error, which may occur in the processing of entries in the Contest; (ii) any misdirected or lost mail, or any error, omission, interruption, deletion, defect, delay of operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries; and (iii) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to entrant’s or any other person’s computer related to or resulting from participating downloading materials in the Contest. If, for any reason, the Contest is not capable of running as planned, including infection by computer virus bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Administrator which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, then Administrator reserves the right in its sole discretion to cancel, terminate, modify or suspend the Contest. In such event, Administrator may, in its sole discretion, perform the random drawing from among all eligible Entries received prior to or after such cancellation, suspension, or modification.
In the event of a dispute concerning who registered online to participate in the Contest, the registration will be declared to have been made by the authorized account holder is defined as the natural person who is assigned to an email address by an internet provider, online service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. A potential winner may be requested to provide Administrator with proof that the potential winner is the authorized account holder of the email address. If a dispute cannot be resolved to Administrator’s satisfaction, the entry will be deemed ineligible.
The Contest shall be governed by the laws of the Commonwealth of Massachusetts.
- ARBITRATION AGREEMENT: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
- Agreement to Arbitrate. This Section is referred to in these Official Rules as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Sponsor and/or Administrator, whether arising out of or relating to these Official Rules (including any alleged breach thereof), any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Official Rules, you, Administrator and Sponsor are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
- Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU, ADMINISTRATOR AND SPONSOR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS YOU, ADMINISTRATOR AND/OR SPONSOR AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
- Pre-Arbitration Dispute Resolution. Each of Administrator and Sponsor is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing Sponsor’s customer support at [email@example.com] and/or Administrator’s customer support at firstname.lastname@example.org. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Sponsor should be sent to [Tom’s of Maine Celebrating Sustainably Photo Contest], Attention: [302 Lafayette Plaza Kennebunk, ME 04043] (“Sponsor Notice Address”). The Notice to Administrator should be sent to 100 North Washington St., First Floor, Boston, MA 02114, Attention: Customer Success (“Administrator Notice Address” and together with the Sponsor Notice Address, the “Notice Addresses”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Sponsor and/or Administrator and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you, Administrator and/or Sponsor may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Sponsor, Administrator or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you, Administrator or Sponsor is entitled.
- Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Official Rules as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Official Rules and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Sponsor, Administrator and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, each of Sponsor and Administrator agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
- Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Sponsor and/or Administrator, as applicable, will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Sponsor and/or Administrator, as applicable, will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor and/or Administrator, as applicable, will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Finally, if the value of the relief sought is $75,000 or less, Sponsor and/or Administrator, as applicable, will pay reasonable attorneys’ fees should you prevail. Neither Sponsor nor Administrator will seek attorneys’ fees from you. But, if you initiate an arbitration in which you seek more than $75,000 in relief, the payment of attorneys’ fees will be governed by the AAA Rules.
- Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
- Severability. Without limiting the severability provision in this Section of the these Official Rules, if a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than paragraph b of this Section is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of paragraph b of this Section is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of these Official Rules will continue to apply.
- Future Changes to Arbitration Agreement. Notwithstanding any provision in these Official Rules to the contrary, each of Administrator and Sponsor agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Addresses) while you are a user of the Services, you may reject any such change by sending Sponsor and/or Administrator written notice within thirty (30) calendar days of the change to the Notice Addresses provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement.
- Winner’s List: To obtain a copy of the winners list or a copy of the Official Rules, send the applicable request and a self-addresses, stamped, #10 envelope to Mavrck cc: Mavrck [Celebrating Sustainably Photo Contest], 100 North Washington St., First Floor, Boston, MA 02114 within ninety (90) days of the Selection Date (residents of Vermont and Washington may exclude postage).
- Sponsor: The Contest is sponsored by [Tom’s of Maine]: [302 Lafayette Plaza Kennebunk, ME 04043] ]
- Copyright © 2016 Apifia Inc. All rights reserved. Apifia, Mavrck and the associated logo(s) are trademarks of Apifia Inc. Any other trademarks in these Official Rules are used for prize identification purposes ONLY and are the properties of their respective owners.
BY ENTERING, YOU AGREE THAT YOU HAVE READ AND ACCEPTED ALL OF THESE CONTEST RULES