OFFICIAL CONTEST RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
EXCEPT FOR THE MARKS OF THE SPONSOR (ADDRESSED BELOW), ENTRY MUST NOT CONTAIN THIRD-PARTY TRADEMARKS, LOGOS, TRADE DRESS OR PROMOTION OF ANY BRAND, PRODUCT, OR SERVICE.
ELIGIBILITY: The Upgrade Your Summer ’16 Giveaway: Presented by MacSales.com Photo Contest (“Contest”) begins on July 7, 2016 at 6:00 a.m. Central Time (“CT”) and ends on July 21, 2016 at 11:59 p.m. CT (“Promotion Period”). The time shall be determined by Sponsor’s timekeeping systems. Sponsor shall have the sole discretion in determining the timeliness of any action or inaction related to this Contest. All times mentioned in these Official Rules shall be Central Time unless expressly noted otherwise.
This Contest is open only to legal residents of the United States who are at least 18 years of age or older at time of entry and the age of majority in their jurisdictions of residence. Void where prohibited. Employees of Other World Computing, Inc. (“Sponsor”) and its parent companies, subsidiaries, affiliates, advertising agencies, public relations agencies, prize suppliers, including any vendors providing services in connection with this Contest (collectively, the “Sponsor Affiliates”), and employees, agents, directors, officers (including members of their immediate family – i.e., spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren – or those living in the same household) of Sponsor or any Sponsor Affiliates are not eligible to participate in the Contest. Contest is subject to all applicable federal, state, and local laws.
To participate, you must have access to the internet and/or an Instagram®, Twitter®, or Facebook® (“Social Media”) account that is open to the public (an account where anyone can subscribe to follow your photos). You are not eligible to participate if your Social Media account is set to the private option (where a user must approve all follow requests). If you are not a registered Social Media user, you can download one of the Social Media mobile apps to sign up for the Social Media services. There is currently no fee to register for the Social Media services.
TO ENTER: To enter this Contest, submit a photo of yourself (the “Entrant”) enjoying some summer fun or summer activity to the MacSales.com official Facebook page. Every photo submission must be accompanied by the hashtag #UpgradeSummer.
Upon completing the steps listed above, you will receive one (1) entry into the Contest. Additional entries may be entered by submitting a photo of the Entrant enjoying some summer fun or summer activity to the MacSales.com Social Media pages similarly accompanied by the hashtag #UpgradeSummer. For Entrants without a Social Media account, they may enter athttp://woobox.com/q628bz. All submissions must be received during the Promotion Period. Photos must be suitable for all ages and must not depict, promote, condone, sanction, or suggest any illegal activity.
Sponsor is not responsible for lost, late, misdirected entries or entries not received regardless of cause. In the event of a dispute over who submitted an entry, Sponsor will determine the identity of the entrant in its sole discretion. By entering and/or participating, entrants agree to be bound by these Official Rules and Sponsor’s Privacy Policy as set forth in these Official Rules.
Each entry must meet all of the Required Representations and Warranties set forth below to the fullest extent applicable for that entry. Failure to complete any step outlined in, or to follow any of, the Official Rules may result in your disqualification.
REQUIRED REPRESENTATIONS AND WARRANTIES: By participating in this Contest, you represent and warrant that all of your entries (including, without limitation, the Photo(s)) comply with the following criteria as applicable (collectively, the “Required Representations and Warranties”):
(i) Your entry or entries must be your own original work or you must have all the rights necessary to post or re-post the content. Each entry must not contain any material that would violate or infringe upon the rights of any person or entity, including without limitation copyrights, trademarks or rights of privacy or publicity, or that is defamatory, threatening, indecent, obscene or offensive, or that is unlawful, in violation of or contrary to any applicable laws or regulations, or which requires a license from any third party.
(ii) You must have the express written consent of any identifiable persons appearing or referenced in your entry or entries to their Persona (as defined below) being used in the ways set out in these Official Rules, including Sponsor’s right to use your entry or entries for any future commercial purpose without restrictions. Upon request, you will obtain written consent of any such persons for Sponsor in the form identified by Sponsor. If any person appearing in any entry is under the age of majority in their jurisdiction of residence, the written consent and signature of a parent or legal guardian is required.
(iii) Except for the marks of the Sponsor (addressed below), the entry and 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. Sponsor grants you the limited permission to display its marks and products in your entry and image solely for purposes of entering this Contest and subject to these Official Rules.
(iv) Each entry must be appropriate for public viewing. Without limiting the foregoing, each entry 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. Your entry or entries must also not disparage or cast a negative light on any person, entity, or brand, product, or service.
(v) Each entry must comply with all of the Social Media platforms’ requirements and terms regarding the use of each of their services.
Sponsor reserves the right in its sole discretion to not consider any entry for the Contest if it believes the entry violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these Official Rules. You 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 you or the use of any rights granted by you to Sponsor hereunder. By entering, you warrant that your entry or entries comply with the requirements set out above including those at (i)-(v) above. By entering, you grant to Sponsor a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, sub-licensable, freely assignable license to reproduce your entry and any photo(s) and to otherwise use, exploit, copy, modify, adapt, edit, publish and display the entry and/or photo(s) 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, you hereby waive any moral rights you may have in any entry or entries in favor of the Sponsor.
By submitting any entry or entries, you also grant to Sponsor the worldwide, perpetual, irrevocable, fully sub-licensable, and freely transferable right, but not the obligation, to use any and all names, identities, titles, likenesses, distinctive appearances, physical likenesses, images, portraits, pictures, photographs (whether still or moving), screen personas, voices, vocal styles, statements, gestures, mannerisms, personalities, performance characteristics, biographical data, signatures, and any other indicia or imitations of identity or likeness listed, provided, referenced, or otherwise contained in the entry and/or image (all attributes, collectively, per person, a “Persona”) for purposes of advertising and trade, in any format, medium, or technology now known or later developed without further notice, approval, or compensation, unless prohibited by law.
WINNER SELECTION: After the close of the Promotion Period a random contest entry generator of Sponsor’s choosing will collect all of the entries and choose a Grand Prize winner and two (2) Runners Up. Any entries chosen by the random entry generator will be compared against the Contest rules to assure compliance before being announced. Those entries violating these Contest rules will be disqualified.
GRAND PRIZES: One (1) Grand Prize winner will, upon verification of eligibility and compliance with these official rules, receive one (1) Apple 11-inch MacBook Air, Mid-2013, with a 1.3GHz Intel® Core i5 Processor. Any refurbishments and/or upgrades having been performed by OWC Apple Certified Technicians, 4GB Onboard Memory, 128GB Flash Storage for a total value of: $599.00. The 1st Runner Up will receive THEIR CHOICE OF: an OWC Thunderbolt 2TM Dock with interfaces including: Thunderbolt 2, USB 3.0, FireWire 800, HDMI, Gigabit Ethernet, Audio In & Out for a total value of: $219.00; OR an OWC USB-C Dock (in a choice of three colors) that is both Mac & PC compatible with interfaces including: USB 3.1 Gen 1, Gigabit Ethernet, HDMI, and Combo Audio with an 80W Power Supply, and 2 Year Limited Warranty, for a total value of: $162.99. The 2nd Runner Up will receive an Envoy Pro Mini Portable SSD, 120GB with the Runner Up’s name etched into the unit, for a total value of: $97.75. The approximate retail value of all prizes to be awarded is $1078.74.
All prizes are awarded “AS IS.” Neither Sponsor nor Sponsor Affiliates make or offer any warranty or guarantee, either express or implied (including, without limitation, quality, merchantability and fitness for a particular purpose) in connection with this Contest or any prize. No issuer of any offered prize is sponsoring this Contest. Prize details and availability are subject to change, in which case a prize of equal value may be substituted at Sponsor’s sole discretion. Prizes consist only of the items listed, are non-transferable, with no cash redemption or substitution except at Sponsor’s sole discretion. Sponsor will determine all prize details (brand, model, size, etc,) in its sole discretion. Federal, state, or local taxes on prizes, if any, and any other costs, fees or expenses not listed above are the sole responsibility of each winner.
NOTIFICATION: Potential winner(s) will be notified by email, direct message, or by comment on the Social Media platform on which the Entrant made their submission after he or she has been selected as a potential winner. Sponsor may require the potential winner to verify that he or she is the owner of the relevant Social Media account. Potential winner must respond to the notification message and provide all requested information within twenty-four (24) hours of the first contact or attempted contact from Sponsor or the potential prize may be forfeited. To claim any prize, Sponsor may require winner(s) to complete, sign, and return an Affidavit of Eligibility/Liability Release/Publicity Release forms, and other applicable documents, which may require a social security number, before claiming and prize. All required documents must be completed and returned to Sponsor within twenty-four (24) hours of the date and time listed on the documents. At Sponsor’s discretion, winner(s) may be required to produce picture or some other form of proper identification to claim any prize. Sponsor reserves the right to substitute any prize with prize of equal or greater value. If a potential winner cannot be contacted, fails to timely claim the prize, is disqualified, fails to timely execute and return any required forms, or if the prize notification is returned as undeliverable, an alternate winner will be selected from among the remaining eligible entries by random draw or as solely determined by Sponsor. Under no circumstances will more than the advertised number of prizes be awarded.
TO BE ELIGIBLE TO BE DECLARED A GRAND PRIZE WINNER OR RUNNER UP WINNER, THE POTENTIAL WINNER MUST TRANSFER ALL INTELLECTUAL PROPERTY RIGHTS THAT HE OR SHE DOES OR MAY HAVE IN THE ENTRY AND ANY RELATED MATERIALS (AS DETERMINED IN SPONSOR’S SOLE DISCRETION). BY ENTERING THIS CONTEST THE POTENTIAL WINNERS EXPRESSLY AGREE TO COMPLETE ALL PAPERWORK REQUIRED TO COMPLETE THIS TRANSFER (THE “INTELLECTUAL PROPERTY ASSIGNMENT”) BEFORE HE OR SHE WILL BE PERMITTED TO CLAIM ANY PART OF THE PRIZE OR BE DECLARED A WINNER.
PUBLICITY & MARKETING: Submission of an entry in the Contest constitutes permission to the Sponsor to use entrants’ name, identity, title, likeness, distinctive appearance, physical likeness, image, portrait, picture, photograph (whether still or moving), screen persona, voice, vocal style, statements, gesture, mannerism, personality, performance characteristic, biographical data, signature, and any other indicia or imitation of identity or likeness for purposes of advertising and trade, in any medium, without further notice, approval, or compensation, unless prohibited by law. Submission of contact information in connection with this Contest (whether or not required), including, without limitation, mailing address, phone number, email address, and/or Social Media handle during entry constitutes permission for Sponsor to use entrant’s personal information for purposes of administration of the Contest. You also may opt-in to be added to Sponsor’s customer database and to permit Sponsor to contact you in the future for promotional and other reasons. You may opt-out of receiving such communications as set forth in Sponsor’s Privacy Policy (located at www.macsales.com) or as provided within any such marketing materials (e.g., using the “Unsubscribe” feature provided in the footer of Sponsor’s e-mails). You understand that you are providing your information to Sponsor. The information you provide to Sponsor will only be used in accordance with Sponsor’s Privacy Policy.
NO LIABILITY & INDEMNIFICATION: By entering this Contest, you agree to release, discharge and hold harmless Sponsor, Sponsor Affiliates, and their respective directors, officers, employees, agents and assigns (the “Released Parties”) from any claims, losses, and damages arising out of, or relating to, your participation in this Contest or any Contest-related activities (including, without limitation, the concert) and the acceptance and use, misuse, or possession of any prize awarded hereunder (including, without limitation, any misrepresentation made by you in connection with the Contest; any non-compliance by you with these Official Rules; claims brought by persons or entities other than the parties to these Official Rules arising from or related to your involvement with the Contest; acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in this Contest; any malfunction, error or other problem arising in connection with the collection, processing, or retention of entry information; or any typographical or other error in the printing, offering or announcement of any prize or winner). The foregoing includes, without limitation, any claim for personal injury, property loss or damage, or death arising in any way in connection with the Contest.
OTHER TERMS: Decisions of Sponsor on all matters related to the Contest are final and binding. Sponsor reserves the right to cancel or modify the Contest for any reason, including but not limited to, if fraud, misconduct or technical failures destroy the integrity of the Contest, or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper administration of the Contest as determined by Sponsor, in its sole discretion. Sponsor reserves the right to disqualify or prohibit the participation of an individual if fraud or tampering is suspected, or if the individual fails to comply with any requirement of participation or with any provision in these Official Rules. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL & CIVIL LAWS. SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND/OR SEEK DAMAGES FROM ANY INDIVIDUAL MAKING ANY SUCH ATTEMPTS TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.
GOVERNING LAW & MANDATORY ARBITRATION: Any disputes arising under this Contest and/or these Official Rules will be governed by relevant U.S. federal statutes and regulations and the internal laws of the State of Illinois. Sponsor and each entrant agree that any such claim or dispute between the parties, or between a party and any agent, employee, successor, or assign of the other, related to this Contest and/or these Official Rules (including the applicability of this arbitration clause) shall be resolved by binding arbitration administered by the JAMS under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS’ website (www.jamsadr.com) or by calling JAMS at 949-224-1810. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.
RIGHT TO DISQUALIFY: Sponsor reserves the right to disqualify or prohibit the participation of an individual if fraud or tampering is suspected; if the individual fails to comply with any requirement of participation or with any provision in these Official Rules; if the individual’s behavior or communication at any point is disruptive, may or does cause damage or to any person, property, or reputation of Sponsor, or is otherwise not in accordance with all applicable laws and generally accepted social practices as determined in Sponsor’s sole discretion.
SEVERABILITY: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
NO AFFILIATION WITH SOCIAL MEDIA PLATFORMS OR GRAND PRIZE MANUFACTURER: This Contest is in no way sponsored, endorsed or administered by, or associated with any Social Media platform or the Grand Prize manufacturer, or any other named or depicted people or entities other than Sponsor and Sponsor Affiliates. Any questions, comments or complaints regarding the Contest should be directed to Sponsor.
WINNER LIST: To obtain a list of winners, visit the Macsales.com Blog where the winners will be announced.
SPONSOR: Other World Computing, Inc., 8 Galaxy Way, Woodstock, IL 60098.
