#LuvSoFaB –BLOGGER CONTEST
NO PURCHASE NECESSARY TO ENTER OR WIN THE CONTEST.
A PURCHASE OR PAYMENT WILL NOT INCREASE
A CONTESTANT’S CHANCES OF WINNING.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
- CONTEST PERIOD: The #SoFabU On The Road (the “Contest”) begins on April 12, 2016 at 12:00 A.M. Eastern Time (“ET”) and ends on April 22, 2016 at 11:59:59 PM ET (the “Contest Period”). No purchase is necessary to enter or win the Contest.
- SPONSOR: Collective Bias, Inc. whose address is 1750 S. Osage Springs Drive, Suite 100, Rogers, AR 72758.
- ELIGIBILITY: The Contest is open only to those bloggers who are: (i) members of the Social Fabric® community, (ii) legal residents of the fifty (50) United States, the District of Columbia or Canada (excluding Quebec), and (iii) who are at least 18 years old. The Contest is open only to (i) and (ii) who are at least 18 years old. Employees of Sponsor and/or any of their parent and affiliate companies as well as their immediate family (spouse, parents, siblings and children) and household members of each such employee of such entities (collectively, “Contest Entities”) are ineligible to enter. The Contest is subject to all applicable federal, state, municipal and local laws and regulations. Void in Puerto Rico, the United States Territories and Possessions, Quebec, and elsewhere where prohibited or restricted by law.
- AGREEMENT TO OFFICIAL RULES: Participation in this Contest constitutes Contestant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein. These Official Rules form a binding legal agreement between the Contestant and the Sponsor with respect to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein. The Sponsor’s computer will serve as the official clock of the Contest.
- HOW TO PARTICIPATE: During the Contest Period, Contestants must visit the SoFabU on the Road website http://ontheroad.socialfabric.us/ (the “Website”). Contestants will be required to click on an icon for this Contest. The Contestant must post a blog post, creatively stating why they want to win. The post must contain the hashtag #LuvSoFab (an “Entry”) on any one of the following sites: Twitter, Instagram, Pinterest, Tumblr, or on a blog post on your own website. The Contestant will then submit their blog and social links in this Google Document, which they will be required to complete in order to enter the Contest. Only one (1) Entry per Contestant during the entire Contest Period. If an Entrant submits more than one (1) Entry, only the first Entry submitted will be considered for the Contest and all subsequent Entries will be invalid. See below for Required Representations and Warranties for more information about requirements of this Instagram entry process. Failure to complete any step outlined in, or to follow any of, the Official Rules will result in disqualification of attempted entry.
- GUIDELINES: To be eligible, all Entries must comply with the following restrictions:
(i) Each video or image must be an original image, created and shot by and/or featuring Contestant; 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) Each Contestant represents that he/she has 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 purpose without restrictions. Upon request, you will obtain written consent of any such persons for Sponsor. If any person appearing in the image is under the age of majority in their state of residence, the written consent and signature of a parent or legal guardian is required. 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. Contestants 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 Contestant or the use of any rights granted by the Contestant to Sponsor hereunder. By entering, Contestant warrants that the submitted image complies with the entry requirements set out above including those at (i)-(iv) above. By entering, Contestant grants to Sponsor a non-exclusive, worldwide, royalty-free, sub-licensable, assignable license to reproduce that image and to otherwise use, exploit, copy, modify, 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 Contestant hereby waives any moral rights the Contestant may have in the image in favor of the Sponsor. At Sponsor’s request and in its sole discretion, Contestants 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.
- JUDGING AND SELECTION OF THE WINNERS: On or about April 27, 2016, all eligible Entries received during the Contest Period will be judged by a panel of qualified judges selected by Sponsor (“Judges”). The Judges will score each Entry according to the following weighted judging criteria (collectively, “Judging Criteria”): (1) Originality – 34%, (2) Spirit/passion for the SoFabU On The Road – 33%, and (3) Overall quality of the Entry– 33%. The two (2) Entries the highest overall scores will each be named a potential winner. In the event there is a tie, the tied Entries will be reviewed by the Judges and the Entry with the highest score in criterion (1) (“Originality”) will be named the potential winner. In the event there is still a tie, the tied Entries will be reviewed by the Judges and the Entry with the highest score in criterion (2) (“Spirit/passion for the SoFabU On The Road”) will be named the potential winner. In the event there is still a tie, the tied Entries will be reviewed by the Judges and the Entry with the highest score in criterion (3) (“Overall quality of the Entry”) will be named the potential winner. In no event will there be more than two (2) winners. All decisions of the Judges and Sponsor are final and binding. The selected winners are each considered to be a potential winner, subject to verification of eligibility and compliance with these Official Rules.
- PRIZES, ARV AND PRIZE TERMS:
A. PRIZES: Each prize shall consist of the following: a three (3) day/two (2) trip for each winner to attend the SoFabU On The Road Conference either (i) in Brooklyn, New York from Friday, May 13, 2016 – Sunday, May 15, 2016 or (ii) in Chicago, Illinois from Friday, July 8, 2016 – Sunday, July 10, 2016. The prize will include: [i] roundtrip coach/economy class airfare for the winner between the major commercial airport closest to a winner’s residence (as determined by Sponsor in its sole discretion) and the selected Conference location (if a winner lives within 250 miles of selected conference city, airfare will not be provided but the winner will receive $150 Visa pre-paid debit card for reimbursement for millage); [ii] ground transportation between the airport, hotel and SoFabU On The Road Conference; [iii] room accommodations consisting of a single occupancy hotel room at a hotel selected by Sponsor in its sole discretion; and [iv] an access badge to SoFabU On The Road.
All prize-related travel arrangements will be administered by Sponsor’s authorized designee. All travel must be booked prior to departure. Prize travel is subject to capacity controls, availability, weather, seasonal influences, and certain other restrictions, all of which are subject to change. No changes will be made to travel details once any element(s) of the travel arrangements have been booked, except at Sponsor’s sole discretion. All airline tickets issued in conjunction with a prize are not eligible for upgrades, frequent flyer miles or any other promotional benefit. Sponsor will not replace any lost or stolen tickets (including any event tickets or admission passes), travel vouchers or certificates or similar items once they are in a winner’s possession. Sponsor will determine flight itinerary in its sole discretion. Once hotel and flight arrangements have been confirmed, no changes will be allowed except by Sponsor in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth in these Rules and those set forth by Sponsor’s air travel prize supplier, as detailed in the passenger ticket contract issued by such supplier.
All costs and expenses not specifically included herein are solely a winner’s responsibility as are all federal, state and local taxes. A winner is solely responsible for obtaining any desired or necessary travel documents (including government-issued photo identification or passport if the winner is a Canadian resident). A winner hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance for any part of the trip. It is the responsibility of each winner to arrive at the designated gateway airport in time for each flight.
Each winner is responsible for all in-room charges (e.g., mini-bar, movies), telephone calls, meals, beverages, gratuities, upgrades, personal incidentals, amenities, and any other fees and expenses not specifically mentioned in these Rules. Each winner will be required to provide a major credit card upon hotel check-in and all in-room charges will be charged to the credit card. Any damage to the room attributed to a winner will be the responsibility of the winner.
Sponsor bears no responsibility if any event, element or detail of a prize is canceled, postponed or becomes unavailable for any reason. Should any event, element or detail of a prize become unavailable, the Sponsor shall have no obligation to a winner aside from providing the travel portion of a prize, minus any unavailable event, element or detail. In the event a winner is removed or barred from any ticketed location for any other reason, the Sponsor is not responsible and no further compensation or award will be provided.
B. ARV: The ARV for each prize is $1,500. The ARV may vary due to costs in airfare, hotel, and other considerations.
C. Prize Conditions: All benefits and payments are personal to each winner and are not redeemable for cash and are neither assignable nor transferable. Each winner is responsible for paying all taxes. The award of a prize is subject to applicable withholding requirements. Each will receive an IRS Form 1099 reflecting the actual final retail value of his/her prize. . No substitution or transfer of a prize except with Sponsor’s permission or where required by law is allowed. If for any reason a prize becomes unavailable, Sponsor may award a substitute prize of equal or greater value. Award of a prize is subject to verification of eligibility and compliance with all rules.
- HOW TO CLAIM A PRIZE: The selected winners are each deemed a potential winner pending verification of the winner’s eligibility and compliance with the Rules. On or about April 28, 2016, each potential winner will each be notified via e-mail and telephone by Sponsor or its authorized designee at the e-mail address and telephone number submitted when entering the Contest (“Notification”). Before being confirmed as the winner, the potential winner must complete and return an Affidavit of Eligibility, a Liability Release, a Publicity Release (where permissible), and a tax acknowledgment form (“Documents”), which will be sent with the Notification. The potential winner must also select whether to attend the Brooklyn New York Conference or Chicago, Illinois Conference. For Canadian residents, a Declaration similar to the Affidavit will be sent along with the other documents. As part of the Documents, the winner acknowledges that he/she will be granting all of his/her rights in the winning Entry, including the cocktail recipe and all photographs, to the Sponsor and the Sponsor’s client. The completed Documents must be signed and notarized, where applicable, and returned to Administrator for receipt within five (5) business days from the date it was sent to the potential winner or the Prize may, in Sponsor’s sole and absolute discretion, be forfeited. In the event that any e-mail is returned as undeliverable, or if no response to the Notification is received within the allotted three (3) business days from the date of receipt of Notification, or if the potential winner does not comply with these Official Rules, the prize may, in the Sponsor’s sole and absolute discretion, be forfeited. In the event the Prize is forfeited or not awarded for any reason, the Sponsor may award the prize to the Contestant with the next highest score as set forth in Section 7.
For Canadian residents only, to be declared a winner, each potential Canadian winner must answer correctly, without assistance of any kind, a mathematical skill-testing question in the Declaration. If a selected potential Canadian winner fails to correctly answer the question, he/she will be disqualified and another entrant will be randomly chosen.
- ELIMINATION: Any false information provided within the context of the Contest by any Contestant or any other non-compliance with these Official Rules or the like may result in the immediate elimination of the Contestant from the Contest. Any Contestants suspected of or found by Sponsor to be entering or having people click through people by automatic, programmed, script, bot, third-party or otherwise fraudulent method, in Sponsor’s sole discretion, will be disqualified and all points received by such methods will be discounted. If a Contestant is suspected of submitting fraudulent points or of inciting others to submit fraudulent points on his/her behalf such points will be discounted and that Contestant may be disqualified, in Sponsor’s sole discretion.
Sponsor reserves the right to disqualify any person found or suspected of tampering with the point process or the operation of this Contest, to be acting in violation of these Official Rules, to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
- INTERNET: Sponsor is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission. 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 which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, Sponsor may, in its sole discretion, cancel, terminate, modify and/or suspend the Contest. In the event the Contest is canceled, terminated, modified and/or suspended, Sponsor will review the points received up until that time and, provided there are enough eligible points to conduct the Contest, will proceed with the Contest as defined herein.
- LIMITATION OF LIABILITY: IN NO EVENT WILL THE CONTEST ENTITIES, THEIR AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. Sponsor assume no responsibility for undeliverable e-mails resulting from any cause, including any form of active or passive e-mail filtering by a user’s Internet Service Provider and/or e-mail client or for insufficient space in user’s e-mail account to receive e-mails. By participating in this Contest, Contestants on behalf of themselves agree to release and hold harmless Contest Entities, their affiliates and their respective directors, officers, employees and agents (collectively, the “Releasees”) from any and all liability for any injuries, losses or damages of any kind to persons, including death, or property arising in whole or in part, directly or indirectly, from acceptance, use or misuse of a prize, participation, or inability to participate in Contest, any points pertaining to the Contest or any Contest-related activity. Releasees are not responsible for printing errors or for lost, late, unintelligible, misdirected, incomplete, damaged or garbled points/click throughs or any other documents. Releasees are not responsible for any: (a) telephone, computer, hardware, software, programming or interrupted or unavailable network, server or other connections, network malfunction, or other technical failures or errors, or failure to properly process points; (b) communication disruption or other forces beyond the reasonable control of the Sponsor, including inability to access the Contestant’s blog, make click throughs/secure points or other disruption related to Internet traffic, virus, bug, or non-authorized intervention; (c) damage caused by computer virus or otherwise resulting to any computer concerning Contestant’s blog or the URL given to the Contestant, whether human, mechanical or electronic; or (d) incorrect or inaccurate information whether caused by users or by any of the programming or equipment associated with or used in the Contest. Releasees shall not be liable to any Prize Winner or any other person for failure to supply a prize or any part thereof, by reason of any acts of God; any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entities (whether or not they prove to be valid); equipment failure; terrorist acts; earthquake; fire; flood; war; explosion; unusually severe weather; hurricane; embargo; labor dispute or strike (whether legal or illegal); labor or material shortage; transportation interruption of any kind; work slow-down; civil disturbance; insurrection; riot; or any other cause beyond Sponsor’s sole control. Releasees shall not be liable to any Prize Winner or any other person for damage to such person’s computer or its contents.
- DISPUTES: The Contest is governed by, and will be construed in accordance with, the laws of the State of MICHIGAN, and the forum and venue for any dispute shall be in THE STATE OF MICHIGAN. If THE controversy or claim is not otherwise resolved through direct discussions or mediation, it shall THEN be resolved by FINAL AND binding arbitration administered by AMERICAN ARBITRATION ASSOCIATION, in accordance with its Arbitration Rules and Procedures or subsequent versions thereof (“AAA Rules”). The AAA Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in THE STATE OF MICHIGAN. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
- GENERAL: All federal, state and local laws and regulations apply. Sponsor reserves the right, to disqualify any Contestant found, in its sole opinion, to be tampering with the operation of the Contest; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of this Contest. Any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Contest will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. All materials submitted become the property of Sponsor and will not be returned. In the event of any conflict with any Contest details contained in these Official Rules and Contest details contained in Contest Materials (including but not limited to point of sale, television, and print advertising, packaging, and other Contest media), the details of the Contest as set forth in these Official Rules shall prevail.
- WINNERS’ LIST: For the name of the prize winners, those interested print their name and address on a 3″x 5″ card and mail it in an envelope to: #SoFabU On The Road Contest, c/o Collective Bias, 1750 S. Osage Springs Drive, Suite 100, Rogers, AR 72758. Winner List requests will only be accepted after the Contest’s end date (listed above) and requests must be received no later than June 30, 2016.
These Official Rules may not be reprinted or republished in whole or in part without the prior written consent of Sponsor. All rights reserved.