EVITE® #AWKWARD AWARDS CONTEST OFFICIAL CONTEST RULES
SPONSOR: Evite, Inc., 600 Wilshire Boulevard, 4th floor, CA 90017 (hereafter, “Sponsor”).
NO PURCHASE NECESSARY. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. This is a Skill-Based Contest.
ELIGIBILITY: The “Evite® #Awkward Awards Contest” (the “Contest”) is open to legal residents of the fifty (50) United States and the District of Columbia who have reached the age of majority in their state of residence (18 but 19 in Alabama and Nebraska and 21 in Mississippi) at the time of entry. Void outside the United States, the District of Columbia, and where prohibited or restricted by law. Employees, officers, and directors of Evite, Inc., Awkward Family Photos, LLC, Wyng, Inc., and each of their respective parents, subsidiaries, affiliates, divisions, advertising and promotion and/or fulfillment agencies (such entities collectively, the “Related Entities”) and the immediate families (spouse and parents, step parents, children, step children, siblings, grandparents and their respective spouses, regardless of where they reside) and/or those living in the same household of any such individual, whether or not related, are not eligible to enter or win. Participation constitutes entrant’s full and unconditional agreement to be bound by these Official Rules (“Offical Rules”) and Sponsor’s decisions and interpretations of these Official Rules, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon accepting all terms and fulfilling all requirements set forth herein. CONTEST IS SUBJECT TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS. Void where prohibited.
ENTRY PERIOD: The Contest begins on 08/01/2017 at 12:00:01 AM PDT. and ends on 08/13/2017 at 11:59:59 PM PDT (the “Entry Period”). Sponsor shall be the official time-keeper for the Contest, and Sponsor’s computer shall be the official time-keeping device.
HOW TO ENTER: To enter the Contest, during the Entry Period, visit the Contest website at www.evite.com/c/evite-awkward-awards-contest (the “Contest Website”). The Contest Website will contain a description of the Contest and the official entry form. Each entrant (“Entrant”) will be asked to submit an official entry form, which may include, among other things, your full name, and e-mail address, as prompted. Additionally, Entrants must submit an awkward school photo (such as a graduation photo, annual school portrait, or similar). For the purpose of the Contest, the photo together with the entry form shall be deemed a “Submission.”
Limit of one entry per person for the Contest. A Submission may, in Sponsor’s sole and absolute discretion, be rejected if it fails to follow the technical, creative, and legal requirements disclosed on the Contest Website and elsewhere in these Official Rules. All eligible Submissions to the Contest will be an entry in the Contest. For purposes of the Contest, an entry is “received” when the Contest Website’s servers record the entry information. Proof of sending (such as an automated computer receipt confirming entry or “thanks for entering” message) does not constitute proof of actual receipt of an entry for purposes of the Contest. Those who do not follow all of the instructions, provide the required information in their entry form, 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 the Official 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 Submissions become the physical property of Sponsor and will not be acknowledged or returned.
In the event of a dispute as to the identity of any Entrant, the entry will be deemed submitted by the authorized account holder of the e-mail account from which it was sent. The “authorized account holder” is the natural person to whom the e-mail account has been assigned by the Internet access provider, serive provider or other organization responsible for assigning addresses for the domain\associated with the submitted address. Winner(s) may be required to show proof of being the registered account holder. If a dispute cannot be resolved to the 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. Assurance of delivery of entries is the sole responsibility of the Entrant.
SUBMISSION GUIDELINES: Submissions that do not meet the following “Content Guidelines” are subject to disqualification and/or removal from the Contest Website, each at Sponsor’s sole and absolute discretion:
[if !supportLists]· 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 and suitable for presentation in a public forum.
[if !supportLists]· The Submission must not infringe the copyright, trademark, privacy, publicity, or other intellectual rights of any third party person or entity.
[if !supportLists]· [endif]The Submiission must not contain any content or material that is lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, obscene, violent, racist, derogatory of any ethnic, racial, gender, religious, professional or age group or otherwise inappropriate or objectionable, as determined by the Judges and/or Sponsor in their sole and absolute discretion.
[if !supportLists]· [endif]The Submission must not contain any personally identifiable information of any person other than the Entrant. Should the Entrant include personally identifiable information about him/herself in the entry, Entrant acknowledges and agrees that such information may be disclosed publicly and Entrant is solely responsible for any consequences thereof.
[if !supportLists]·The Submission must not feature any commercial content or visible brand names or trademarks of any entity other than Sponsor which Entrant has limited license to use solely to incorporate in his/her entry.
[if !supportLists]· The Submission cannot and will not promote any activity that is unsafe, hazardous, dangerous or prohibited by law.
[if !supportLists]· The Submission must not disparage Sponsor or any other person or party affiliated with this Contest.
[if !supportLists]· The Submission 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. The Submission should not reveal any personal information about another individual, including another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual. Entrants must not submit a Submission that if selected cannot be assigned to Sponsor as contemplated below.
VOTING AND WINNER SELECTION: Beginning August 14, 2017 at 12:00:00 AM PDT and continuing through August 31, 2017 at 8:59:59 PM PDT, the Submissions will be provided online at www.evite.com/c/evite-awkward-awards-contest for public viewing (“Voting Period”), during which visitors who are at least the age of majority in their state of residence (18 but 19 in Alabama and Nebraska and 21 in Mississippi) will have the opportunity to vote for their favorite entry. The Entrant with the most votes at end of the Voting Period will be declared the Winner (“Winner”) on or before September 5, 2017, subject to verification of eligibility and compliance with these Official Rules. The three (3) Entrants with the second, third and fourth most votes at the end of the Voting Period will be declared the Runners-Up (“Runners- Up”), subject to verification of eligibility and compliance with these Official Rules. Winner and Runners-Up will be collectively referred to as Winners (“Winners”). In the event of a tie, the Winners will be selected in a random drawing held no later than September 5, 2017, from among the Entries that tied. Decisions are final and binding on matters related to the Contest. Only votes submitted in accordance with these Official Rules during the Voting Period will be counted. Limit one vote per person/email address. Voters using multiple email addresses will be immediately disqualified. Voting using assistance of any kind including mechanical form filling,or other software or robotic or automated assistance is not allowed and these will be disqualified. Any evidence of vote buying, rigging or exchanging will disqualify the entry. Any individual who at the sole determination of the Sponsor abuses the voting process in any way will be disqualified from participating in the Contest.
PRIZE(S): The prize to be awarded to the Winner in the Contest is: one (1) $1,000 VISA gift card. The prize to be awarded to each of the Runners-Up in the contest is: one (1) Awkward Family Photos book (ARV $35/book; $105 total). Prize(s) are non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion. VISA is not affiliated with, or a sponsor, of the Contest. 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 gift card issuer rules and restrictions, and in the event that Sponsor is unable to provide a Winner(s) with their prize, the Sponsor may elect to provide Winners with the approximate value of such item in cash or award an alternate prize of comparable or greater value. In the event a Winner (and/or his or her companion(s) (if applicable)) engage in behavior that (as determined by Sponsor or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the entry or prize award. As permitted by applicable law, all 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, except to the extent of any valid suppliers’ warranty, if applicable, for which the supplier and not the Sponsor is responsible). Prize Winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize they receive, regardless of whether it, 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 Winners may be reported for tax purposes as required by law. The Winners may be required to provide Sponsor with a valid social security number or tax identification number for tax reporting purposes before the prize will be awarded. An IRS Form 1099 may be issued in the name of the Winners, for the value of the prize received. Unclaimed prizes will be forfeited. The total ARV of all of the prizes awarded in the Contest is one thousand dollars ($1105.00) (USD)
NOTIFICATION OF WINNERS/RELEASES: Winners will be notified via the email address submitted at the time of entry on or about three (3) business days after Winners selection. If a Winner or Runner-Up cannot be reached via the email address submitted at the time of entry within 72 hours of first notification attempt, the Winner or Runner-Up will be disqualified. Winners may be required to sign and have notarized an Affidavit of Eligibility/Prize Acceptance/Liability and, where permitted, a Publicity Release and submit to Sponsor within three (3) business days of notification in order to claim a prize. Winners may be required to supply Sponsor with his/her social security number for tax purposes. When such documentation is properly executed and returned within the specified time period, and Winners are otherwise in compliance with the Official Rules, Winners will be confirmed as a Contest winner. A Winner or Runner-Up may be disqualified under any the following circumstances; i) if he/she cannot be reached by the Sponsor within the specified time period; ii) if the Prize notification or e-mail correspondence is returned as undeliverable; iii) if he/she is found to be ineligible or declines to accept any Prize; and/or iv) if he/she cannot or does not comply with these Official Rules. In the event a Winner or Runner-Up is disqualified for any reason, Sponsor may award that Prize to an alternate winner based on the same judging criteria set forth above, time permitting and at Sponsor’s sole discretion.
INTELLECTUAL PROPERTY: Entrants, upon submission of their entry to the Contest, hereby irrevocably grant to Sponsor, and each of its licensees, successors and assigns, during the Entry Period an exclusive, and thereafter the non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit the Submissions submitted as part of the Contest, and all elements, images, text and materials 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, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine it with other material and otherwise use and exploit it without having to give any compensation or attribution to Entrants except for the awarding of the prizes in the Contest. Sponsor, and each of its successors, assigns and licensees, will have the right to make unlimited derivative works therefrom, to assign or transfer any or all such rights and to grant unlimited, multiple-level sublicenses. Without limiting the foregoing, Sponsor will have the right to use the Submissions submitted as part of the Contest, and all images depicted therein (if any), in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. Entrants hereby forever waive and relinquish all so-called “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 or Runner-Up, Sponsor may request that the Entrant’s Submission, and any rights therein, be assigned to Sponsor and Entrant may be required to confirm such assignment by completing and submitting the Prize Acceptance Documents (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 not to issue any publicity concerning Sponsor. 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 Contest Website are available to be viewed by anyone with access to the Internet. Each Entrant acknowledges that other entrants may have created ideas and concepts contained in their Submission that may have familiarities or similarities to his/her own Submission, and that he/she will not be entitled to any compensation or right to negotiate with the Released Parties (defined below) because of these familiarities or similarities. The decisions of the Sponsor are final and binding in all matters relating to the Contest, including interpretation and application of these Official Rules. Each Entrant, by participating in the Contest, except where legally prohibited, grants permission for Sponsor and its designees to use his/her name (first name and last initial), 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.
REPRESENTATIONS, WARRANTIES AND INDEMNITY: Each Entrant represents and warrants that he or she has read, understands and will follow the Official Rules. Entrants further represent and warrant that their Submission and all materials and matter therein: (1) (except for elements that are within the public domain) are wholly original with such Entrant and are not a copy or imitation of any other material; (2) will not infringe or violate any right, 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 (3) 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. Each Entrant further represents and warrants that he or she has the right to agree to and fully perform consistent with these Official Rules and the consent of no third parties are required to grant the rights hereunder. Entrant further acknowledges and agrees that he/she has not previously granted, assigned or otherwise hypothecated his/her Submission to any other third party. Further, each Entrant represents and warrants that Sponsor’s use of any Submission shall not violate an agreement to which such Entrant has signed. Entrants agree (as permitted by applicable law) to indemnify and hold the Released Parties harmless from and against any third party claim, to the extent relating to any breach of any representation, warranty or covenant made by such Entrant in connection with his or her acceptance of these Official Rules or Contest activities.
WAIVER OF LIABILITY AND RELEASE: By participating in the Contest and submitting an entry, each Entrant waives, discharges and fully releases Sponsor, the Related Entities and any other companies associated with the Contest, and all of their respective officers, directors, employees, agents and representatives, from any and all liability, injury, damage or loss that may occur, directly or indirectly, in whole or in part, from or in connection with participation in the Contest or from the receipt or use of any prize or from any activity related to the receipt or use of any prize, (the “Released Parties”). By receipt of a prize, each Prize winner agrees to release and hold harmless the Released Parties from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of such prize.
LIMITATIONS OF LIABILITY: Sponsor is not responsible for stolen, late, incomplete, inaccurate, stolen, misdirected, lost, damaged, garbled, delayed, incomplete, or garbled Entries, messages or e-mail; for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), application, 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 problems of any kind whether human, mechanical, electronic, network, computer, 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 prizes, functionality of the application or in any Contest-related materials. The Sponsor is also not responsible for any incorrect or inaccurate information, whether caused by Entrant, tampering, hacking, or by any applications, equipment or programming associated with or utilized in the Contest. The Sponsor, Prize Provider and Related Entities are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Contest or receipt or use or misuse of any prize. If, for any reason, an Entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry in the Contest, if it is possible. The Sponsor is not responsible for injury or damage to Entrant’s or to any other person’s mobile device related to or resulting from participating in this Contest or downloading materials from or use of any application. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE APPLICATION OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH ENTRANT AND RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.
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 or prizes. Sponsor additionally reserves the right, in its sole and absolute discretion: (1) to modify, suspend or terminate the Contest should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Contest; or (2) to disqualify any Entrant found to be, or suspected of: (a) tampering with the entry process or the operation of the Contest; (b) acting in violation of these Official Rules; or (c) acting in an un-sportsmanlike manner.
DISPUTES: By entering the Contest, each Entrant agrees that (a) 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; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, and in no event will Entrant be entitled to receive attorneys’ fees or other legal costs; and (c) under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrants and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with the 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 the laws of any other jurisdiction. ALL 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 — BY BINDING ARBITRATION (BY A SINGLE NEUTRAL ARBITRATOR SELECTED BY SPONSOR IN ITS SOLE AND ABSOLUTE DISCRETION) IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION; AND ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, BUT IN NO EVENT SHALL SUCH CLAIMS, JUDGMENTS OR AWARDS INCLUDE ATTORNEYS’ FEES.
The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
WINNERS LIST/OFFICIAL RULES: To obtain a list of prize winners (available after 09/25/2017), or a copy of these Official Rules, send a self-addressed, stamped #10 envelope to: Evite® #Awkward Awards Contest, 600 Wilshire Boulevard, 4th floor, Los Angeles, CA 90017. Please specify “Winners List” OR “Official Rules” on the outer envelope. Vermont residents may omit return postage. All requests must be received by 11/25/2017.
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