The Walk of Shame Sweepstakes – Official Rules
The Walk Of Shame Sweepstakes (the “Sweepstakes”) is sponsored by Townsquare Media LLC, 240 Greenwich Avenue, Greenwich, CT 06830, (“Townsquare”) (the “Sponsor”), and promoted and operated through its website, http://www.popcrush.com, Twitter and Instagram (individually and collectively the “Sweepstakes Site”). THIS SWEEPSTAKES IS NOT SPONSORED, ENDORSED OR ADMINISTERED BY INSTAGRAM or TWITTER.The Sweepstakes begins on April 21, 2014 at 12:00 p.m. Pacific Standard Time (“PST”) (the “Start Date”), and ends on May 04, 2014 at 11:59 p.m. PST (the “End Date”) (such period, the “Sweepstakes Period”). BY ENTERING OR OTHERWISE PARTICIPATING IN THE SWEEPSTAKES, ALL ENTRANTS AND OTHER PARTICIPANTS AGREE TO ABIDE BY THESE OFFICIAL RULES, WHICH ARE FINAL AND BINDING ON ALL MATTERS PERTAINING TO THIS SWEEPSTAKES.
1. ELIGIBILITY AND REGISTRATION TO PARTICIPATE IN THE SWEEPSTAKES.
• Entrant must have an Instagram or Twitter account and username (each a “Social Media Account”); access to Instagram and Twitter is free and can be obtained by visiting the applicable social media channel website (e.g., twitter.com or instragram.com) or associated mobile application;
• Entrant must be the rightful owner of each Social Media Account associated with the Sweepstakes entry and Entry;
• Entrant must set its Social Media Accounts as public as defined in each social media channel, Entrant should refer to instructions on each social media channel’s FAQ pages for how to designate such account as public;
• Entrant must NOT be under any contractual obligation that would conflict with this Sweepstakes; and
• Entrant must be the rightful owner of the Entry (as defined herein) or must have the rights, title and interest necessary to utilize the Entry for the Sweepstakes in compliance with these Official Rules.
c. Entry Restrictions. An Entry should not contain material that infringes or violates any right of a third party including: (1) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (2) right of privacy or publicity; or (3) any confidentiality obligation. For example, an Entry should NOT contain reference to sport team logos, celebrities, names or logos of businesses, music or lyrics, or clips from television shows or movies. An Entry should NOT include third parties/people, who have not expressly authorized in writing the Entrant to feature their name, image, likeness or voice in the Submission or otherwise use such name, image, likeness or voice in accordance with these Official Rules. If applicable, selected Winner may be required to verify such authorization in the form of a release. An Entry should NOT contain subject matter which is, or could be considered, in the sole discretion of Sweepstakes Entities, obscene, pornographic, violent (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), defamatory, libelous, discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g., illegal gambling, underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, hateful, degrading, harassing, or otherwise unlawful, tortious or objectionable. An Entry should NOT contain any content that is protected by copyright (without the express prior written consent of the owner of such right) or include any recognizable locations or include names and/or descriptions of any copyrighted media production, including, without limitation, films, books, television programming, etc., or identifying descriptions of any media property. An Entry must NOT contain any derogatory references to any Sweepstakes Entities.
2. THE SWEEPSTAKES.
a. Determining the Winner. Sponsor and/or its designees (the “Judges”) will review all eligible Entries for conformity to the rules. On or about May 5, 2014, Judges will choose at random one (1) Entry to be deemed the potential grand prize winner (the “Potential Grand Prize Winner”). (The Potential Grand Prize Winner is sometimes referred to herein as “Potential Winner.”) Once the Potential Grand Prize Winner completes the Clearance Process defined below (including submitting a fully completed Affidavit of Eligibility and Release) the Potential Grand Prize Winner will be named the grand prize winner (“Grand Prize Winner”). (The Grand Prize Winner is sometimes referred to herein as “Winner”). NO ENTRANT WILL BE DEEMED TO BE A WINNER, OR WILL BE AWARDED ANY PRIZE, UNLESS AND UNTIL SUCH ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED BY SPONSOR IN ITS DISCRETION, ENTRANT HAS BEEN NOTIFIED THAT SUCH VERIFICATION IS COMPLETE, AND ENTRANT HAS COMPLIED WITH ANY SPONSOR REQUIREMENTS (INCLUDING WITHOUT LIMITATION THOSE SET FORTH IN SECTION 2.b. BELOW). Sponsor may require such Potential Winner to answer additional questions or participate in additional screening procedures; require such Potential Winner to sign consent forms, releases (including, without limitation, Sponsor’s standard “Affidavit of Eligibility and a Liability/Publicity Release”); and/or disqualify any Potential Winner who is unable or unwilling to do or provide any of the foregoing (“Clearance Process”).
b. Clearance Process. The Potential Winner must complete the Clearance Process within two (2) days from the moment of notification to receive any prize. Without limiting the foregoing and only if applicable, any Potential Winner who is a minor in his or her state of residence will be required to have his or her parent or legal guardian affirm in writing such Potential Winner’s acknowledgement and agreement to the Official Rules, in order to continue to participate in the Sweepstakes. Return of any prize notification as undeliverable will result in disqualification and selection of an alternate Winner. If the Potential Winner does not reply to the notification within two (2) days of its issuance, is ineligible, or cannot or does not comply with the Official Rules, he/she will be disqualified, the prize will be forfeited and an alternate Winner may be randomly selected, at Sponsor’s discretion. Sponsor reserves the right to provide an independent third party (the “Auditing Entity”) with any Entry submitted by such Potential Winner in order that such Auditing Entity may examine such Entry and confirm, subject to its and Sponsor’s discretion, that such Entry complies with these Official Rules. In the event that any Potential Winner elects to end his or her participation in the Sweepstakes, is unable to participate further in the Sweepstakes for any reason, or is, in Sponsor’s sole discretion, deemed to be ineligible to participate, Sponsor reserves the right to select an alternate Potential Winner in its sole discretion.
c. (i) Grand Prize. The Grand Prize Winner will receive (1) $1,500 gift card to be used that their discretion. (Approximate Retail value (“ARV”) $1,500);
If Grand Prize Winner is a minor in his/her state of primary residence, the price will be awarded to that minor’s parent or legal guardian, who must complete the Sponsor’s release from liability and confirm his/her compliance with and acceptance of these official rules on his/her behalf and on behalf of the minor. Participants waive the right to assert as a cost of winning any prize, any and all costs of verification and redemption of travel to claim the prize and any liability and publicity which might arise from claiming or seeking to claim the prize. In the event that the Grand Prize Winner is unable to comply with the terms of these Official Rules, Sponsor reserves the right to deem such individual ineligible and to select a new Grand Prize Winner from among the remaining entrants.
(ii) All taxes (including without limitation federal, state, and local taxes) on or connected with the prize and the reporting consequences thereof, and any other costs, fees, and expenses not explicitly stated herein are the sole responsibility of Winner. Sponsor will issue Grand Prize Winner a 1099 form. All prize details not specified in these Official Rules will be determined in Sponsor’s sole discretion. Sponsor will not replace any lost, mutilated or stolen prize or any prize that is undeliverable or does not reach the Winner because of an incorrect or changed address or other contact information. No transfers, prize substitutions or cash redemptions will be made, except at Sponsor’s sole discretion.
a. General; List of Winners; License. Sponsor’s failure to enforce any provision of these Official Rules shall not constitute a waiver of such provision. All federal, state, and local laws and regulations apply. After the end of the Sweepstakes Period, the name of the Winner may be posted to the Sweepstakes Site, and/or to another Sponsor-affiliated site or service. In addition to any other grants that may be granted in any other agreement entered into between Sponsor and any Winner, where permitted by law, each such individual agrees to grant to Sponsor, the Sweepstakes Entities, and their respective licensees, affiliates, and assigns, the right to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, such individual’s name, photograph, portrait, picture, voice, likeness and biographical information as news or information and for advertising and promotional purposes without additional consideration; and further without such additional compensation, appear for, or provide biographical information for use in, any presentation or other activity which may include filming/audio/video/electronic or other recordings and/or interviews, as may be determined from time to time by Sponsor in its sole discretion; and upon request, each such individual (or, if a minor, such individual’s parent or legal guardian) will provide written consent to the foregoing uses. To request the name of the winners, send a separate, self-addressed stamped envelope (stating the specific Giveaway you are requesting the winners for) to Townsquare Media List, c/o Townsquare Media LLC, 240 Greenwich Avenue, Greenwich, CT 06830. Requests must be received within thirty (30) days from the end date of the applicable Giveaway.
b. Disclaimer and Limitation of Liability. The Sweepstakes Entities make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize furnished in connection with the Sweepstakes. The Sweepstakes Entities are not responsible for any incorrect or inaccurate information, reviews, ratings, rankings, or other materials, whether caused or created by authorized web site users, by tampering or “hacking,” or by any of the equipment, software, or programming related to the Sweepstakes Site or the Sweepstakes, and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, or unauthorized access to the Sweepstakes Site, or any Entry. Although Sponsor attempts to ensure the integrity of the Sweepstakes, Entrants acknowledge that Sponsor is not responsible for the actions of Entrants or other participants in connection with the Sweepstakes, including Entrants’ or others’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Sweepstakes. Sponsor is not responsible for injury or damage to Entrants’ or to any other person’s computer, other equipment, or person in connection with participation in the Sweepstakes, or downloading materials from or using the Sweepstakes Site. If, for any reason, the Sweepstakes is not capable of continuing as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, strikes, industry conditions, marketplace demands, or any other causes which, in the sole opinion of Sponsor, could corrupt, compromise, undermine, or otherwise affect the administration, security, fairness, integrity, viability, or proper conduct of the Sweepstakes, Sponsor reserves the right in its sole discretion to modify these Official Rules and/or to cancel, terminate, modify, or suspend the Sweepstakes. IN NO EVENT WILL THE SWEEPSTAKES ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF YOUR ACCESS TO AND USE OF THE SWEEPSTAKES SITE, THE STREAMING, DOWNLOADING, AND/OR PRINTING OF MATERIALS FROM THE SWEEPSTAKES SITE, SPONSOR’S OR ANY THIRD PARTY’S REMOVAL FROM THE SWEEPSTAKES SITE OF OR DISCONTINUATION OF ACCESS TO ANY ENTRIES OR OTHER MATERIALS, THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES, OR ANY HARM RESULTING THEREFROM. WITHOUT LIMITING THE FOREGOING, THE SWEEPSTAKES, ALL ENTRIES, AND ALL OTHER MATERIALS PROVIDED ON OR THROUGH THE SWEEPSTAKES SITE ARE PROVIDED
“AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
c. Dates and Deadlines. Because of the unique nature and scope of the Sweepstakes, and because of the complexity of the technology underlying the administration of the Sweepstakes, 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 related to the Sweepstakes.
d. Release and Indemnification.BY PARTICIPATING IN THE SWEEPSTAKES, ENTRANT: (A) RELEASES AND HOLDS TOWNSQUARE MEDIA, LLC , AND ALL OTHER SWEEPSTAKES ENTITIES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS AND REPRESENTATIVES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, DAMAGES, LIABILITIES, JUDGMENTS, SETTLEMENTS AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES); (“LOSSES”) OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE SWEEPSTAKES OR PARTICIPATION IN ANY SWEEPSTAKES-RELATED ACTIVITY (INCLUDING WITHOUT LIMITATION THE REMOVAL FROM THE SWEEPSTAKES SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY ENTRIES OR OTHER MATERIALS), OR RESULTING DIRECTLY OR INDIRECTLY FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY; AND (B) INDEMNIFIES AND HOLDS HARMLESS TOWNSQUARE MEDIA, LLC, AND ALL OTHER SWEEPSTAKES ENTITIES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS AND REPRESENTATIVES FROM ANY AND ALL LOSSES (AS DEFINED ABOVE) OF ANY KIND THAT MAY BE ASSERTED AGAINST OR INCURRED BY ANY SWEEPSTAKES ENTITIES AT ANY TIME IN CONNECTION WITH THE ENTRIES, OR OTHERWISE RELATING TO ENTRANT’S PARTICIPATION IN THE SWEEPSTAKES, INCLUDING WITHOUT LIMITATION CLAIMS CONCERNING THE INFRINGEMENT UPON OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS.
e. Arbitration. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES ARISING UNDER OR RELATING TO THESE OFFICIAL RULES OR THIS SWEEPSTAKES, THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. In the event of any dispute arising out of or in connection with these Official Rules or the Sweepstakes, such dispute shall be submitted to arbitration to be administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”), as amended by these Official Rules. The Supplementary Procedures are currently available online at http://www.adr.org (click on the link labeled “Rules,” and then click on the link labeled “Supplementary Procedures for Consumer-Related Disputes”). The arbitrator shall not have the power to impose punitive damages. To the extent that the arbitrator deems reasonable, the arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Any in-person appearances requested by the arbitrator shall be held in the County of New York in the State of New York, United States of America. Arbitration proceedings shall be conducted in English and shall be conducted in a manner that preserves the confidentiality of Company’s trade secrets and other confidential information. Each party hereby waives any and all rights and benefits which it might otherwise have or be entitled to under federal law or the laws of New York or any other state to litigate any such dispute in court, it being the intention of the parties to arbitrate, according to the provisions of these Official Rules, all such disputes. The arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any other agreements you may enter into with Sponsor in connection with the Sweepstakes, shall be final and binding, and shall provide for each party to bear its own costs of arbitration and attorneys’ fees. EACH PARTY EXPRESSLY WAIVES ANY RIGHT TO A JURY. The award rendered by the arbitrator may be confirmed and enforced in any court of competent jurisdiction. If either party shall fail to appear at a hearing on the date designated in accordance with the rules of the American Arbitration Association, or shall otherwise fail to participate in the arbitration proceeding, the arbitrator is hereby empowered to proceed ex parte. In the event of any dispute concerning the Sweepstakes, your sole and exclusive remedy shall be to seek damages pursuant to an arbitration authorized by this Section 3(e). For any claim for equitable or injunctive relief, you agree to submit to the exclusive jurisdiction of any state or federal court located in the County of New York in the State of New York, and you waive any jurisdictional, venue or inconvenient forum objections to such courts. IF YOU DO NOT AGREE TO THESE REQUIREMENTS (OR ANY OTHER PROVISION OF THESE OFFICIAL RULES), YOU CANNOT PARTICIPATE IN THE SW EEPSTAKES.
f. Governing Law. The Sweepstakes and these Official Rules are governed by and shall be construed in accordance with the laws of the State of New York, United States of America, without regards to its principles of conflicts of law. For any dispute not subject to arbitration according to Section 3(e) above, you irrevocably agree to personal jurisdiction by the federal and state courts located in the County of New York in the State of New York, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Further, in any such dispute, under no circumstances will you be permitted to obtain awards for, and you hereby irrevocably waive all rights to claim punitive, incidental, or consequential damages, or any other damages, including attorneys’ fees, other than your actual out-of-pocket expenses (i.e., costs associated with participating in the Sweepstakes), and you further irrevocably waive all rights to have damages multiplied or increased. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR ENTRIES OR OTHERWISE RELATED TO THE SWEEPSTAKES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURS, OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
h. Headings. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.
i. Non-Endorsement. The use of any non-Sponsor trademarks, service marks, logos, or other marks in connection with this Sweepstakes or any prize is not meant by Sponsor to imply the endorsement of the respective owner(s) of such marks, or any affiliation of the respective owner(s) of such marks with the Sweepstakes Site or the Sweepstakes.
j. Interpretation. In the event of any conflict between any information provided on the Sweepstakes Site regarding the Sweepstakes (such as a “F.A.Q.”), on the one hand, and these Official Rules, on the other, these Official Rules shall govern.