Last updated on: 2023.05.22
TABLE OF CONTENTS
CONSUMER DISCLOSURE
THIS IS A BINDING CONTRACT. YOUR CONTINUED PARTICIPATION AS AN ENTRANT, COMPETITOR, VOTER, OR WINNER IN THE COMPETITION (AS DEFINED BELOW), IN ANY MANNER, SIGNIFIES YOUR ACCEPTANCE AND AGREEMENT TO THESE RULES, THE TERMS OF USE, AND THE PRIVACY POLICY, IN WHATEVER FORM THEY MAY CURRENTLY EXIST. AS SUCH, PLEASE READ THIS AGREEMENT IN ITS ENTIRETY.
THESE RULES GOVERN WHAT CLAIMS YOU CAN BRING, WHAT DAMAGES YOU CAN CLAIM, AND HOW DISPUTES BETWEEN YOU AND THE COMPETITION ENTITIES (DEFINED BELOW) RELATING TO YOUR PARTICIPATION AS AN ENTRANT, COMPETITOR, VOTER, OR WINNER (DEFINED BELOW) (COLLECTIVELY, A “PARTICIPANT”) IN THE COMPETITION WILL BE RESOLVED. THE SECTIONS OF THESE RULES TITLED “WAIVER AND LIMITATIONS OF LIABILITY” AND “DISPUTE RESOLUTION” EXPLAIN WHAT CLAIMS YOU ARE WAIVING, WHAT DAMAGES YOU CAN CLAIM, AND CONTAIN AN ARBITRATION AGREEMENT AND WAIVER OF CLASS ACTION, WHICH STATES THAT YOU AND THE COMPETITION ENTITIES (EACH A “PARTY” AND, COLLECTIVELY, THE “PARTIES”) MUST ARBITRATE INSTEAD OF GOING TO A COURT BEFORE A JUDGE AND JURY, AND THAT ALL SUCH ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER, OR OTHERWISE ON BEHALF OF OTHERS, IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
PLEASE NOTE THAT THE DISCLAIMER OF WARRANTIES, LIMITATIONS OF LIABILITY, AND GOVERNING LAW, WAIVER AND DISPUTE RESOLUTION SECTIONS CONTAIN IMPORTANT LIMITATIONS ON OUR LIABILITY AND OUR AGREEMENT TO ARBITRATE FOLLOWING THE LAWS OF ARIZONA ONLY.
OPERATOR
Opening Act, LLC (the "Operator"), a Delaware limited liability company, administers theopenact.com (the “Website”) and the operation of the associated Opening Act Competition ( the “Competition). Operator can be reached here.
PRIZE PROVIDER
A portion of the prize(s) in this Competition provided by Audacy Operations, Inc. (the “Prize Provider”).
GENERAL NOTICE
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS COMPETITION.
It is not necessary for individuals registering to compete (each an “Entrant” and collectively, “Entrants”) to pay an entry fee or tender payment of any kind to enter the Competition. Competition entry open only to ALL musical acts—including but not limited to vocalists, instrumentalists, bands, DJs, songwriters, etc. Entrants must be thirteen (13) years of age or older (“Eligible Entry Age”) and legal residents of the United States (“U.S”) or Canada, at the time of entry. Further eligibility restrictions are listed below.
It is not necessary for individuals submitting votes (each a "Voter" and collectively, "Voters") to pay to cast a vote, although a Voter may choose to do so if they wish to vote more than once per day during the Competition. Void where prohibited or otherwise restricted by applicable law. Purchasing of votes limited to those individuals who are eighteen (18) years or older.
Public voting (votes cast by the public) will decide the Competition winner(s) from those Entrants that have been selected to participate in the Competition (each a “Competitor” and collectively, the “Competitors”). By entering, competing, or voting in this Competition, Entrants, Competitors and Voters accept and unconditionally agree to abide by and be bound by these rules (the “Rules”), the Terms of Use, Privacy Policy, and any decision(s) of Operator and agree to Operator’s use of their name, biographical information, and any Submitted Materials (as defined below), for both online and offline direct marketing purposes in connection with the Competition. All decisions of Operator regarding the Competition are final and binding in all respects.
ALL DATES SET FORTH IN THESE OFFICIAL RULES ARE APPROXIMATE. OPERATOR RESERVES THE RIGHT TO EXTEND ANY DEADLINES.
ELIGIBILITY AND CONSENT
All Entrants must be individuals of Eligible Entry Age and legal residents of the United States or Canada, at the time of entry. Void where prohibited or otherwise restricted by applicable law. Only one (1) entry permitted per musical performer, artist, vocalist, instrumentalist, band, group, musical act, DJ, songwriter, etc.
Officers, directors, and/or employees of Operator and Operator’s parent companies, along with their respective immediate family members (defined as a spouse, parent, child, or sibling) are ineligible to participate in the Competition as a Competitor or Voter.
Any individual who has been declared the Grand Prize Winner (as defined below) in the Opening Act Competition within the past twenty-four (24) months (from the date the past competition winner was announced), shall be ineligible from entering or participating as a Competitor in the Competition.
Operator will take all reasonable steps to prohibit ineligible Entrants and/or Competitors from entering and/or participating in the Competition. Operator reserves the right, in its sole and absolute discretion, to deem an Entrant ineligible to enter the Competition, at any time and for any reason whatsoever, including due to the Entrant's inability to fulfill any obligation(s) as a prospective Competitor, as required by Operator and these Rules. By entering the Competition, Entrants/Competitors agree to Operator’s use of their name, biographical information, and any other materials submitted, including the Submitted Materials (as defined below), for both online and offline direct marketing purposes in connection with the Competition.
BY REGISTERING TO ENTER THE COMPETITION, ENTRANTS/COMPETITORS GRANT OPERATOR A LIMITED, NON-EXCLUSIVE, AND NON-TRANSFERABLE LICENSE TO USE THE ENTRIES AND ANY OTHER MATERIALS SUBMITTED (INCLUDING BUT NOT LIMITED TO SUBMITTED MATERIALS) IN ANY MANNER REASONABLY RELATED TO THE COMPETITION AND/OR FUTURE OPENING ACT COMPETITIONS. INVALID, FALSE, OR DECEPTIVE ENTRIES OR PROFILES SHALL RENDER THOSE ENTRIES OR PROFILES INELIGIBLE AND APPLICABLE VOTES VOID. BY ENTERING THE COMPETITION, ENTRANTS/COMPETITORS REPRESENT AND WARRANT THAT THEY HAVE READ AND AGREE TO THESE RULES AND MEET ANY/ALL ELIGIBILITY REQUIREMENTS. OPERATOR SHALL NOT BE LIABLE FOR ITS REASONABLE RELIANCE ON ENTRANTS'/COMPETITORS' REPRESENTATIONS AND WARRANTIES.
All entries must be received on or before July 24, 2023, to be eligible for inclusion in the Competition. A panel of Operator-selected individuals (the “Eligibility Panel”) will do a preliminary screening of all entries and materials submitted, including but not limited to images, audio and video files, links to other online services, etc. (collectively “Submitted Materials”), for compliance with these Rules and adherence to the Eligibility Criteria (defined below), as well as hand-selecting Entrants that will be eligible to enter the Competition’s public-voting phase as Competitors.
NOTICE: YOU HAVE NOT YET WON.
HOW TO ENTER
No purchase, entry fee, payment, or proof of purchase necessary to participate. Entry to this Competition constitutes agreement to be bound by all Competition Rules set forth herein, as well as the Terms of Use.. A “Parental Consent Form” may be emailed to Entrants under the age of 18 (and 13 years or older). For Entrants between 13 and 18 years of age, an executed and returned Parental Consent Form may be required to participate in the Competition.
To enter the Competition, Entrants must visit TheOpenAct.com to complete and submit an official entry form. You must provide all information requested, including Submitted Materials consisting of (i) at least one (1) photograph of the Entrant and/or the Entrant's band, act, etc. (no other persons may be depicted in such photograph[s]) and (ii) at least one (1) sample of, or link to, Entrant’s music sample(s), video(s), audio file(s), etc., or applicable social media and/or user-generated content platforms (i.e. YouTube, Vimeo, etc.), that conform to the specifications required below, using the upload tool and instructions provided. Entries, including but not limited to photographs, music files and all Submitted Materials are for Operator use and will not be returned, therefore Entrants/Competitors may choose to not post originals.
Entrants must appear (i.e. physically, vocally, etc.) in all Submitted Materials. All Submitted Materials must have been created/taken on or after the Entrant has reached Eligible Entry Age. Submitted Materials must not infringe or violate any right of any third party or entity, including but not limited to copyright, right of publicity, and right of privacy. Please check with the photographer/videographer/creator and anyone appearing in the Submitted Materials, to make sure that you have the rights to submit the Submitted Materials. Any Submitted Materials must not contain or convey any content that the Eligibility Panel determines, at its sole discretion, subjectively or otherwise, (i) to be overly indecent, profane, obscene, explicitly sexual, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, libelous, or hateful; (ii) to be racially, ethnically, or otherwise offensive or objectionable; (iii) to encourage unlawful behavior; (iv) to infringe upon the brand names, trade-marks, trade names, logos, or any other intellectual property that may belong to a third party; or (v) to disclose any detailed personal, physical, contact data, or otherwise confidential information that may belong to a third party (collectively, the “Eligibility Criteria”). The determination of whether any Submitted Materials violates one or more of the Eligibility Criteria is at the sole discretion of the Eligibility Panel. False, deceptive, or incomplete entries or information provided by Entrants or Competitors at any point relating to the Competition may render the entry ineligible, regardless of when the problem is discovered.
UPON ENTRY TO THE COMPETITION, ENTRANTS SHALL BE PROHIBITED FROM PURCHASING AND/OR CASTING PAID VOTES FOR THEMSELVES.
Upon submitting an entry form, Entrant agrees that Operator may contact the Entrant/Competitor, including via auto-dialer, email message, or text message, for any purpose relating to the Competition, including to request resubmission of any portion of the Submitted Materials and/or to request that the Entrant submit additional images, videos, links, etc. (“Additional Materials”) for review. Entrants/Competitors/Voters may contact Operator or reply “STOP”, to withdraw consent to be contacted via auto-dialer, email message, or text message, at any time. While Entrants may have assistance in entering data and uploading the Submitted Materials, each Entrants must otherwise complete the entry forms themselves. As set forth in greater detail below, submission of Submitted Materials and entry in the Competition constitutes consent to the use of the Submitted Materials (i) on the Website and digital apps, and otherwise in connection with the Competition, (ii) to promote the Competition, (iii) to promote the Audacy's "We Can Survive" music event, and (iv) to promote other Operator and/or Audacy-related activities. By entering the Competition, Entrant represents and warrants that they are of Eligible Age and own or control all necessary rights in the Submitted Materials to grant Operator the rights described herein. For purposes of these Rules and notwithstanding any provision of these Rules to the contrary, “Entrant” refers to each and every performer and every songwriter (collectively, jointly, and severally) associated with the Submitted Materials.
Submission of a qualifying entry grants Operator and its representatives and agents the right to publish, use, adapt, edit, and/or modify such entry in any way, in any and all media, without limitation and without consideration to Entrant. Submission of an entry further constitutes Entrant’s consent to irrevocably assign and transfer to Operator a limited, non-transferable license, as well as all associated rights, title, and interest in the entry, including, without limitation, all copyrights reserved, to use, adapt, edit, and/or modify the entry in any manner it so chooses and for any other purpose whatsoever, in connection with the Competition and any future competition(s).
Only one (1) entry per Entrant will be accepted; all subsequent entries will be disregarded and any duplicates removed. Limit of one (1) Entrant per entry submission. Multiple entries for the same band, group, act, etc. will not be accepted. Individuals caught submitting multiple entries for the same band, group, act, etc. may be prohibited from entering the Competition, or associated Entrants/Competitors may be disqualified, upon discovery of such multiple submissions. Entrants may submit their entry forms and materials using the above procedures anytime on or before July 24, 2023 (the “Entry Period”). After entering the Competition, the Submitted Materials may be placed on the Website, where they may be viewed by visitors to the Website. Entrants/Competitors may be requested to submit Additional Materials for publication on the Website, so long as such materials do not display offensive content, are not obscene (as determined in the sole discretion of Operator/Eligibility Panel), and do not infringe upon the rights of any person or entity, including but not limited to copyright, right of publicity, and right of privacy.
UPON ENTRY TO THE COMPETITION, COMPETITORS SHALL BE PROHIBITED FROM PURCHASING VOTES AND/OR CASTING PAID VOTES FOR THEMSELVES.
HOW TO VOTE
COMPETITORS ARE NOT PERMITTED TO PURCHASE VOTES FOR THEMSELVES. COMPETITORS ARE ALSO PROHIBITED FROM CASTING PAID VOTES FOR THEMSELVES. COMPETITORS CAUGHT PURCHASING VOTES, OR CASTING PAID VOTES, FOR THEMSELVES MAY BE SUBJECT TO DISQUALIFICATION. THE USE OF A COMPETITOR'S PAYMENT METHOD(S) (PERSONAL, BUSINESS, ETC.) OR FUNDS, TO PURCHASE VOTES TO CAST FOR THAT COMPETITOR IS STRICTLY PROHIBITED. All Voters purchasing votes must be at least eighteen (18) years or older on the date that their votes are purchased/cast.
Voters can vote by doing the following: (i) all Voters will earn one (1) free vote every twenty-four (24) hours, which they can cast for their favorite Competitor, after Operator verifies Voter eligibility (whether via Facebook, SMS verification, payment method verification, or other process); and/or (ii) Voters of eligible age can purchase additional votes (for one or more Competitors). Voters that have verified eligibility via payment method may be entitled to one (1) additional free vote every twenty-four (24) hours. Operator retains the right to provide additional means of voting (e.g. additional free votes, 2-for-1 votes, etc.), which may be offered to Voters at any point during the Competition, at its sole discretion. “Qualifying Votes” are those placed in accordance with these Rules and the Terms of Use, which can also be found on the Website.
The winning Competitor(s) of each round of the Competition will be determined based upon the number of Qualifying Votes received, with those receiving the highest number of Qualifying Votes deemed the winner(s) of that round. “Bot” activity or any kind of robotic or automated voting mechanism is not an accepted form of voting and such votes will not be counted, if discovered. If this type of false voting is detected, the individual as well as the associated IP address, email address, and/or mobile phone number, will be banned from voting. At its sole discretion, Operator reserves the right to disqualify Competitors suspected of encouraging, soliciting, or otherwise knowingly participating in this type of activity, or any other voting activity Operator deems unfair and/or in violation of the Rules and/or Terms of Use. Operator reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry or voting process, or the operation of the Competition.
COMPETITION SCHEDULE
THE ELIGIBILITY PANEL WILL SELECT, IN ITS SOLE, ABSOLUTE, AND COMPLETE DISCRETION, WHICH ENTRANTS WILL PARTICIPATE IN THE COMPETITION AS COMPETITORS. Upon entry, Competitors will be divided into groups and advance to the initial public-voting round (individually a "Round" and, collectively, the “Rounds”). Subsequent public-voting rounds will progressively reduce the number of Competitors. In the unlikely event that one or more Competitors receive an equal number of votes in any Round, the Eligibility Panel will determine the Competitor who shall advance, based upon Competitor profile views.
Public voting begins July 17, 2023.
NOTIFICATIONS TO ENTRANTS/COMPETITORS/WINNER(S)
Advancing Competitors for each Round, as well as the Fourth-Place, Third-Place, Second-Place, and Grand Prize Winner (each a “Winner” and, collectively, the “Winners”) will be notified by email, telephone, or other means reasonably calculated to provide notice, including but not limited to via auto-dialer, email message, or text message. Entrants/Competitors consent to a background check that may be performed, at the sole discretion of Operator, to verify information provided by Entrants/Competitors and compliance with these Rules, or for other reasons related to the Competition. If you are selected as a Winner, your information may also be included in a publicly available “Winner’s List”.
WINNERS
Winner(s) will be selected by public voting (votes cast by the public). Winner selection is not subject to random chance. The one (1) verified Fourth-Place Winner, one (1) verified Third-Place Winner, one (1) verified Second-Place Winner, and one (1) verified Grand Prize Winner in this Competition will receive an applicable prize (“Prize”) package, as described below.
The Winner(s) will be announced on the Website. By agreeing to appear as a Winner in the Competition, the Winner(s) consents to the use of their name, music sample, photos/videos (including the music event, filming, interview, etc.), and/or likenesses for advertising and trade purposes in connection with the Opening Act brand, including without limitation, the Opening Act Competition and in Print and Digital Materials in the United States and any countries where the Opening Act brands exist, in any and all media known or hereinafter discovered, without territorial or time limitations and without additional compensation, except where prohibited. In the event there is an occurrence beyond Operator or Prize Provider’s control, including but not limited to a force majeure, or act of nature, etc., Operator and/or Prize Provider may elect, in its/their sole discretion, to offer a cash equivalency for any portion of the Prize, in substitution for the current Prize as described herein in these Rules. By accepting the Prize package or money, Winner(s) acknowledge/s compliance with these Rules. To the extent that any U.S. federal and/or state income or other taxes apply to the value of the Prize(s) and/or award(s) provided to the Winner(s), the Winner(s) shall be solely responsible for the reporting and payment of such taxes. Actual/appraised value may differ from the approximate retail value (ARV) at time Prize(s) is/are awarded. Winners will not receive the difference between the actual value of the Prize or any Prize component and the ARV of such Prize or Prize component.
PRIZES
One (1) verified Grand Prize Winner will receive a Prize package valued at a maximum ARV of $17,000.00, comprised of the following:
The Grand Prize package shall also include:
One (1) verified Second-Place Winner will receive a Prize package valued at a maximum ARV of $4,100.00, comprised of the following:
One (1) verified Third-Place Winner will receive a Prize package valued at a maximum ARV of $2,050.00, comprised of the following:
One (1) verified Fourth-Place Winner will receive a Prize package valued at a maximum ARV of $2,050.00, comprised of the following:
All Prize values listed above are approximate, and the final value will depend upon the location from which any Winner will be traveling and the date on which travel is booked.
Any/All individual(s) traveling as part of any Prize described herein must all travel on the same itinerary and must all be performers and/or mutually agreed technical production staff.
Winner(s) and their guest(s), if applicable, are solely responsible for obtaining any travel documents that may be required, including, but not limited to, passport(s) and any requisite Covid-19 vaccination/testing documentation.
If the Grand Prize Winner is not available to perform at Audacy's "We Can Survive" for any reason, including due to death or incapacitation of the Grand Prize Winner, Operator may select the Second-Place Winner as an alternate winner (“Alternate Winner”), and the Grand Prize will be transferred to said Alternate Winner. This process shall apply, until the Competitor with the next-highest votes received is determined/able to perform. Winnings/Prize(s) will be provided only after receiving all necessary documentation in compliance with Competition eligibility.
Reservations are non-transferable and, once booked and confirmed, may not be rescheduled. Except with respect to ground transportation per applicable Winner descriptions herein, Winner(s) and any applicable guests will be solely responsible for all ground transportation, for the purchase of any items of a purely personal nature, for the payment of any incidental expenses, and for the payment of any taxes, charges, and/or fees.
Winner(s) may be required to provide a valid credit card to check into the hotel and to cover incidental expenses.
Winner(s) will be solely responsible for the pre-payment of any applicable taxes or airport, baggage, or government fees or charges.
Any Prize(s) involving travel, including without limitation prizes consisting in whole or in part of overnight accommodations and/or travel by air will be based upon availability and subject to additional terms and restrictions imposed by Prize Provider, other sponsors, and/or other agents participating in the Competition and/or fulfillment of the Prize, including without limitation blackout dates, peak period restrictions, expiration dates, and/or additional age restrictions imposed upon the Winner and/or the Winner’s guest(s). These restrictions are not subject to negotiation. Winner’s/s’ guests may be required to sign one or more liability release agreements before being authorized by Prize Provider or its sponsor to be allowed to participate as Winner’s/s’ guest on a trip. In addition, such Winners and guest(s) are required to travel on the same itinerary, to which changes may not be made once booked, and are solely responsible for obtaining any international travel documents, visas or passports that may be required. Reservations are non-transferable and once booked and confirmed may not be rescheduled.
Any Prize(s) that consists of an opportunity to meet with, participate in an activity with, interview, or have similar interaction with any celebrity or artist (other than employees of Prize Provider) is/are contingent upon the celebrity/artist appearing for such activity/event, which is beyond Prize Provider’s control. Prize Provider is not responsible if a Winner and/or their guests are unable to meet such celebrity/artist or participate in the associated activity if the celebrity/artist determines this is not allowable for any reason or fails to appear/participate for any reason, including without limitation any illness, act of god, scheduling conflict or any other reason, Prize Provider is not responsible for such portion of the Prize, which has no monetary value, and no alternate prize will be awarded and the event/activity will not be rescheduled. In the event that Prize Provider elects, at its sole discretion, to attempt to reschedule any such event/activity or offer an alternative prize, Prize Provider will have no obligation whatsoever to offer any other alternate prize if such attempt to reschedule or other offer is not accepted by or utilized by Winner for any reason whatsoever.
ANCILLARY PROMOTION(S)
Operator reserves the right in its sole and absolute discretion to conduct additional promotions during the Competition (each, if any, an “Ancillary Promotion”, and collectively, the “Ancillary Promotions”). Ancillary Promotions, if any, may be conducted in a manner that may or may not be related to elements of the Competition.
Prior to conducting, and throughout the duration of, any such Ancillary Promotion, Operator will provide the following information about any such Ancillary Promotion:
Examples of Ancillary Promotions may include, but are not limited to, promotions related to incentivizing individuals to enter the Competition or vote for Competitors in the Competition during a designated period. In addition to any specific Ancillary Promotion Rules, these Rules, to the extent applicable, shall govern the Ancillary Promotions.
CONDUCT
FAILURE TO COMPLY WITH THESE RULES AND/OR THE TERMS OF USE MAY RESULT IN DISQUALIFICATION. Operator reserves the right, in its sole discretion, to take action against any individual participating in the Competition as a Competitor or a Voter, including removal from the Competition or the voiding of votes, for reasons including: (a) acting in any manner deemed by Operator to be in violation of these Rules or the Terms of Use; (b) acting in any manner deemed by Operator to be harmful to the Competition, other Competitors, etc.; or (c) acting in any manner deemed by Operator to be unsportsmanlike, disruptive, and/or with intent to annoy, abuse, threaten, or harass any other person/entity. Operator also reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with or undermining the entry or voting process(es), the operation of the Competition, or to be in breach of these Rules and/or the Terms of Use. ANY ACTION BY AN ENTRANT, COMPETITOR, VOTER, OR ANY OTHER INDIVIDUAL, WHICH DAMAGES OR UNDERMINES THE LEGITIMATE OPERATION OF THE COMPETITION MAY BE IN VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND, SHOULD SUCH ACTION BE TAKEN, OPERATOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY SUCH PERSON, TO THE FULLEST EXTENT PERMITTED BY LAW.
REQUIREMENTS AND CONSENT OF WINNERS
Any potential Fourth-Place, Third-Place, Second-Place, Grand Prize, or Ancillary Promotion Winner (each a “Potential Winner”) will be required to execute an affidavit of eligibility, a liability/publicity release, Competitor release, and other documents (“Prize Claim Documents”). If any Potential Winner fails or refuses to sign and return all Prize Claim Documents within seven (7) days of the delivery of prize notification(s), the Potential Winner may be disqualified, and an Alternate Winner may be determined/selected. If you are selected as a Grand Prize Winner, Alternate Winner, or Ancillary Promotion Winner, you consent to your information being included in a publicly available “Winner’s List”. Except where prohibited, acceptance of a prize constitutes the Winner’s irrevocable consent to Operator, its agents, successors, and assigns or other designee's use of the Winner’s name, likeness, photograph, voice, statement, opinions, biographical information, prize and/or state/city of residence for advertising, promotional and publicity purposes in any and all media or format, worldwide, in perpetuity, without any permission, notification, payment or consideration, except for the awarding of the prizes to the Winner. Operator is not responsible for any failure to notify Operator of any change in address of Entrant(s), Competitor(s), or Voter(s). By accepting a Prize, the Winner agrees to maintain their behavior in accordance with all applicable laws and generally accepted social practices while participating in any Competition activity, including but not limited to participation in or use of a Prize. The Winner understands and further agrees that Operator has the right, in its sole discretion, to disqualify and remove the Winner from any activity at any time, if Operator or Prize Provider determines that the Winner’s behavior at any point is disruptive or inappropriate or may or does cause damage to person, property, or the reputation of Operator or Prize Provider, or otherwise violates the policies of the Operator or Prize Provider.
WAIVER AND LIMITATIONS OF LIABILITY
PARTICIPANTS (TO INCLUDE ENTRANTS, COMPETITORS, VOTERS, AND WINNERS) AGREE THAT, IN NO EVENT, SHALL OPERATOR, PROMOTION ENTITIES, COMPETITION SPONSORS, THE ELIGIBILITY PANEL, OR ANY PRIZE PROVIDER (COLLECTIVELY THE “COMPETITION ENTITIES”), WHICH INCLUDES THE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS OF EACH, BE LIABLE OR OBLIGATED TO AN ENTRANT, COMPETITOR, VOTER, WINNER, OR ANY THIRD PARTY IN ANY MANNER FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES OF ANY KIND IN ANY WAY RELATED TO THE COMPETITION, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCE, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, ATTORNEYS’ FEES AND ARBITRATION COSTS. THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY.
ALL PARTICIPANTS RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPETITION ENTITIES FROM AND AGAINST ANY AND ALL LIABILITY, WITH RESPECT TO, OR IN ANY WAY ARISING FROM, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, THIS COMPETITION, PUBLICATION OR USE OF THE SUBMITTED MATERIALS OR ADDITIONAL MATERIALS, ENTRANTS’/COMPETITORS' NAMES AND LIKENESSES, AND/OR ACCEPTANCE, USE, MISUSE, LOSS, OR MISDIRECTION OF THE PRIZE, INCLUDING LIABILITY FOR PERSONAL INJURY, DEATH, DAMAGES, OR MONETARY LOSS. By participating in the Competition, Participants further agree to release and hold harmless the Competition Entities from and against any claim: (i) of ambiguity or error in the Competition, these Rules, the Terms of Use, or the Privacy Policy; (ii) related to lost, late, incomplete, or misdirected entries or votes; (iii) for injuries, damages or losses (including death) of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse, use, loss, or misdirection of any prize, or participation in any Competition-related activity or participation in this Competition; (iv) for copyright infringement or violation of the right of publicity based on use of the Submitted Materials or Additional Materials by Operator; or (v) due to any error in the offering or announcement of any prize.
PARTICIPANTS FURTHER AGREE THAT ALL DECISIONS OF OPERATOR SHALL BE FINAL AND CONCLUSIVE ON ALL MATTERS RELATING TO THE COMPETITION AND THAT THE COMPETITION ENTITIES ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE ENTRY INFORMATION, HUMAN ERROR, TECHNICAL MALFUNCTION, FAILURES, OMISSION, INTERRUPTION, DELETION, OR DEFECT OF ANY TELEPHONE NETWORK, COMPUTER ONLINE SYSTEMS, COMPUTER EQUIPMENT, SERVERS, ACCESS PROVIDERS, OR SOFTWARE, INCLUDING ANY INJURY OR DAMAGE TO PARTICIPANTS OR ANY OTHER PERSONS’ COMPUTER RELATING TO OR RESULTING FROM PARTICIPATION IN THIS COMPETITION, INABILITY TO ACCESS THE ENTRY WEBSITE OR ANY PAGES THEREOF, THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF ENTRIES, ENTRY SUBMISSIONS THAT ARE PROCESSED LATE OR INCORRECTLY OR ARE INCOMPLETE, GARBLED, OR LOST DUE TO COMPUTER OR ELECTRONIC MALFUNCTION OR TRAFFIC CONGESTION ON THE INTERNET OR ANY WEBSITE. PROOF OF ENTERING INFORMATION ON THE WEBSITE IS NOT CONSIDERED PROOF OF DELIVERY OR RECEIPT.
PARTICIPANTS ACKNOWLEDGE AND AGREE THAT OPERATOR DOES NOT MONITOR FOR OFFSITE ACTIVITY AND IS IN NO WAY RESPONSIBLE FOR MANAGING OR CONTROLLING OFF-SITE ACTIVITY VIA SOCIAL MEDIA AND/OR OTHER THIRD-PARTY PLATFORMS, INCLUDING BUT NOT LIMITED TO NEGATIVE AND DISPARAGING CORRESPONDENCE BETWEEN ENTRANTS/COMPETITORS AND VOTERS, OFFSITE VOTE INCENTIVES, MISLEADING OR DECEPTIVE PROMOTIONAL TACTICS, OR ANY OTHER BEHAVIORS CONSIDERED TO BE MISLEADING OR UNSPORTSMANLIKE.
DISPUTE RESOLUTION
You and Operator agree that any dispute or claim arising out of, or relating in any way to, the Competition, your participation in it, these Rules, the Terms of Use, or the Privacy Policy, including all issues concerning the construction, validity, interpretation, and enforceability of these Rules, Terms of Use, Privacy Policy, Entrant, Competitor, or Voter rights and obligations, the rights and obligations of Operator, or the extent of any waiver or release of claims by you, shall then be settled by binding and unappealable arbitration administered by the American Arbitration Association, by operation of these Rules, in accordance with its Consumer Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
ALL ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER, OR OTHERWISE ON BEHALF OF OTHERS, IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
Claims shall be heard by a single arbitrator. The place of arbitration shall be Phoenix, Arizona, unless otherwise agreed to by the Parties, or is determined by the arbitrator that the arbitration proceed virtually (by videoconference). The arbitration shall be governed by the laws of the State of Arizona. Each Party will, upon written request of the other Party, promptly provide the other with copies of all relevant documents. There shall be no other discovery allowed. Hearings will take place pursuant to the standard procedures of the Consumer Arbitration Rules, although the Parties can appear in person, by video, or telephonically. The standard provisions of the Consumer Arbitration Rules shall apply. The arbitrator will only have the authority to grant any remedy, relief, or outcome that the parties could have received in court, except injunctive relief. If either Party in a suit seeks injunctive relief, the arbitrator will complete arbitration of the dispute, issue an award of monetary compensation (if any), and then the Party seeking injunctive relief may file a new action in state or federal court in Maricopa County, Arizona, solely for injunctive relief. The findings of fact and conclusions of law of the arbitrator shall not be submitted as evidence or constitute precedent in this subsequent suit. In addition, the prevailing Party will be entitled to recover its attorneys’ fees and arbitration costs. Except as may be required by law, neither a Party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder, without the prior written consent of both Parties.
If any part of this arbitration provision is deemed to be invalid or unenforceable, then the remainder of this arbitration provision shall remain in full force and effect and shall be construed in accordance with its terms as if the invalid or unenforceable provision were not contained herein.
TERMINATION
If for any reason the Competition and/or any Round of the Competition cannot be executed as set forth in these Rules, including but not limited to, as a result of acts of God, acts of war, natural disasters, weather, pandemic or epidemic illness, disease, acts of terrorism, computer virus, tampering, unauthorized intervention, fraud, technical failures, or other factors that may corrupt or affect the security, administration, fairness, integrity or proper conduct of the Competition, and/or if the Competition is compromised or becomes technically corrupted in any way, electronically or otherwise, Operator reserves the right to cancel, terminate, suspend, and/or modify the Competition and/or any Round of the Competition with or without prior notice, and Operator shall not in any way be responsible or liable for any such cancellation, termination, suspension, and/or modification of the Competition and/or any phase of the Competition. Further, if the Competition is terminated before the original end date, Operator reserves the right, in its sole discretion to modify the procedure for selecting the Winner(s), unless the nature of the event giving rise to such termination renders it impossible to select the Winner(s).
COMPETITION WITHDRAWAL REQUEST
By participating in the Competition as a Competitor or Voter, you agree that a Competition withdraw request or request for removal from the Competition can take up to forty-eight (48) hours to be processed and that a profile may still remain active during this length of time, to provide reasonable notice to Voters/other Competitors of the withdrawal. Voters and Competitors both acknowledge and agree that no refunds will be given upon a Competitor’s request for removal from the Competition. Operator does not encourage withdrawal or voluntary removal from the Competition, as this does a disservice to Voters. By voting, you understand and acknowledge that no refunds will be offered should a Competitor be eliminated, disqualified, or willingly withdraw from the Competition. Voters acknowledge that there are no exceptions to this policy.
DONATION APPLICABILITY
BY PARTICIPATING IN THE COMPETITION AS AN COMPETITOR OR A VOTER, YOU ARE NOT MAKING ANY DONATION TO CHARITY. PURCHASING VOTES DOES NOT QUALIFY AS A DONATION TO CHARITY. VOTE PURCHASES ARE NOT TAX DEDUCTIBLE. OPERATOR ALONE IS MAKING A DONATION OF COMPETITION NET PROCEEDS TO CHARITY.
At the end of the Competition, Operator will donate a minimum of twenty-five percent (25%) of the net proceeds generated from votes purchased to the American Foundation for Suicide Prevention (AFSP), a non-profit 501(c)(3) organization that develops suicide prevention through research and advocacy, and provides support for those affected by suicide.
SEVERABILITY
If any term or provision in these Rules, the Terms of Use, or the Privacy Policy is determined by a competent authority to be unenforceable, all other terms and provisions of these Rules, the Terms of Use, and the Privacy Policy shall continue in full force and effect.
CONTACT INFORMATION
If you have any questions or comments about the Competition, as outlined above, or would like to request the name of any Winner, please contact Operator here.
NO AFFILIATION
This Competition is not in any manner sponsored, endorsed, or administered by, or associated with, Facebook or Instagram.