Opening Act

Rules


Last updated: 2021-08-03

Table of Contents 


It is not necessary for individuals submitting entries (each an “Entrant” and collectively, the “Entrants”) to pay an entry fee or tender payment of any kind to enter this competition (the “Competition”). Open 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. Void where prohibited by law. Further eligibility restrictions are listed below. It is not necessary for individuals submitting votes (each a "Voter" and collectively, the "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 individuals eighteen (18) years of age or older.

By entering or voting in this Competition, Entrants and Voters accept and unconditionally agree to abide by and be bound by these Rules (the “Rules”) and any decision(s) of the Sponsor (defined below). Public voting will decide the winning entries among the Entrants selected to participate in the Competition and the Grand Prize (defined below) will be awarded in accordance with these Rules. Any violation of the Rules, at the Sponsor’s sole discretion, may result in disqualification. All decisions of the Sponsor regarding this Competition are final and binding in all respects. 

CONSUMER DISCLOSURE: Many will enter, only one will win.


General

ALL DATES SET FORTH IN THESE OFFICIAL RULES ARE APPROXIMATE. THE SPONSOR RESERVES THE RIGHT TO EXTEND ANY DEADLINES. ALL ENTRIES AND ANY OTHER MATERIALS SUBMITTED BECOME THE SOLE PROPERTY OF THE SPONSOR AND WILL NOT BE RETURNED OR ACKNOWLEDGED. FALSE AND/OR DECEPTIVE ENTRIES, VOTES, OR ACCOUNTS SHALL RENDER THOSE ENTRIES, VOTES, OR ACCOUNTS INELIGIBLE.


Sponsor

The 2021 Opening Act Competition is administered, managed, and sponsored by Opening Act, LLC (the “Sponsor”) using Sponsor’s proprietary crowd voting software. Prizes in this Competition provided by Audacy (the “Prize Provider”). Sponsor can be reached here.


Eligibility and Consent

All Entrants must be individuals of Eligible Entry Age and legal residents of the U.S. or Canada, at the time of entry. All Voters purchasing votes must be at least eighteen (18) years or older on the date that their votes are purchased/cast. Void where prohibited or otherwise restricted by applicable law. Officers, Directors, and Employees of the and agents of Sponsor or Prize Provider, and their partners, affiliates, and/or subsidiaries (collectively, the “Competition Entities”), along with their respective family members, are ineligible to participate as Entrants or Voters. By entering the Competition, Entrants agree to Sponsor’s use of their name, biographical information, and Submitted Materials, for both online and offline direct marketing purposes in connection with the Competition. 

All entries must be received by August 23, 2021, to be eligible for inclusion in the Competition. A panel of Sponsor-selected individuals (the “Judging 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 judging criteria, as well as hand- selecting entrants that will be eligible to enter the Competition’s public voting phase. 

At the end of each round of the Competition, those whose entries were selected to continue in the Competition shall be notified of such by email, telephone, or other means reasonably calculated to provide notice, including but not limited to via auto-dialer, email message, or text message. Limit one (1) entry per person for the entire Competition. Entries, including but not limited to photographs, music files and all Submitted Materials are for Sponsor use and will not be returned, therefore Entrants should not post originals. Sponsor is not responsible for lost, late, incomplete, or misdirected entries.


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. A “Parental Consent Form” may be emailed to Entrants under the age of 18 (and 13 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, visit TheOpenAct.com (the “Website”) to complete and submit your official entry form. You must provide all information requested, including Submitted Materials consisting of at least one (1) photograph of yourself, band, act, etc. ((no other persons may be depicted in such photograph(s)) and 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  

Entrants must appear in all Submitted Materials. All Submitted Materials must have been created/taken on or after the Entrant has reached Eligible Entry Age. Submitted Material 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. False, deceptive, or incomplete entries or information provided by Entrants at any point relating to the Competition may render the entry ineligible, regardless of when the problem is discovered. Any Submitted Materials must not contain or convey any content that the Judging Panel determines, at its sole discretion, subjectively or otherwise, (i) to be 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 “Judging Criteria”).

Entrant agrees that the Sponsor may contact the Entrant, 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”). Entrants may contact the Sponsor 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 Entrant must otherwise complete the entry forms themself. As set forth in greater detail below, submission of materials and entry in the Competition constitutes consent to the use of the Submitted Materials (i) on the Website, (ii) to promote the Competition, (iii) to promote the Audacy Live @ The Hollywood Bowl music event, and (iv) promote other Sponsor and Audacy-related activities. By entering this Competition, Entrant represents and warrants that they are of Eligible Age and own or control all necessary rights in the Submitted Materials to grant Sponsor 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 the Sponsor 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 the Sponsor all rights, title, and interest in the entry, including, without limitation, all copyrights reserved.

Except as otherwise permitted herein, only one (1) entry per Entrant will be accepted; all subsequent entries will be disregarded. Entrants may submit their entry forms and materials using the above procedures anytime during the period between 07/06/21 – 08/24/21 (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 may be requested to submit Additional Materials for publication on the Website, so long as such images do not display offensive content, are not obscene (as determined in the sole discretion of the Sponsor/Judging 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.


How to Vote

ENTRANTS ARE NOT PERMITTED TO USE THEIR PERSONAL PAYMENT METHOD(S) TO PAY FOR VOTES FOR THEMSELVES. ENTRANTS CAUGHT UTILIZING THEIR PERSONAL PAYMENT METHOD(S) AND CASTING PAID VOTES FOR THEMSELVES MAY BE SUBJECT TO DISQUALIFICATION. Voters must use a valid Facebook account. A valid Facebook account is the sole account of a real person and is not associated with automated voting services, fake votes, automatic voting bots, or fake accounts. During each round of the Competition, individuals with a valid Facebook account may use that account to cast votes. Voters can vote by doing the following: (a) all Voters will earn one (1) free vote every twenty-four (24) hours, by logging in to vote for their favorite Entrant and verifying Voter eligibility with a valid Facebook account; or (b) Voters of eligible age can purchase additional votes (for one or more Entrants). “Qualifying Votes” are those placed in accordance with these Rules and the Competition Terms and Conditions, which can also be found on the Website. The winning Entrant(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). “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 associated IP address, email address, and Facebook account will be banned from voting. At its sole discretion, the Sponsor reserves the right to disqualify Entrants suspected in encouraging, soliciting, or otherwise knowingly participating in this type of activity, or any other voting activity the Sponsor deems unfair. The Sponsor 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 JUDGING PANEL WILL SELECT, IN ITS SOLE, ABSOLUTE, AND COMPLETE DISCRETION, WHICH ENTRANTS WILL PARTICIPATE IN THE COMPETITION. Selected Entrants will be divided into groups and advance to the initial public voting round. Subsequent public voting rounds (each a “Round” and, collectively, “Rounds”) will progressively reduce the number of Entrants. In the unlikely event that one or more Entrants receive the same number of votes in any Round, the Judging Panel will select the Entrant who shall advance.

Public voting begins August 16, 2021. 


Notification to Entrants/Winner(s)

Selected Entrants for each Round, as well as the Third-Place, Second-Place, and Grand Prize Winners (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 consent to a background check that may be performed, at the sole discretion of Sponsor, to verify information provided by Entrants 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”. If an Entrant is disqualified for any reason at any point during any Round, Sponsor may, but is not obligated to, determine, in its sole and absolute discretion, whether the Entrant with the next-highest number of votes will replace the disqualified Entrant. 


Winner(s) 

Winner(s) will be selected by public voting. Winner selection is not subject to random chance. The one (1) verified Third-Place, one (1) verified Second-Place, 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 the Sponsor or Prize Provider’s control, including but not limited to a force majeure, or act of nature, etc., the Sponsor 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.


Prize(s)

One (1) verified Grand Prize Winner will receive a Prize package valued at an approximate maximum retail value of $17,500.00, comprised of the following:

One (1) verified Second-Place Winner will receive a Prize package valued at an approximate maximum retail value of $4,000, comprised of the following:

One (1) verified Third-Place Winner will receive a Prize package valued at an approximate maximum retail value of $2,000, comprised of the following:

All Prize values 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) are solely responsible for obtaining any travel documents that may be required, including but not limited to passports.

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 their 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 KNOU, 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 KNOU 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. Winners may be required to provide a valid credit card to check into the hotel and to cover incidental expenses.

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 KNOU) is contingent upon the celebrity/artist appearing for such activity/event, which is beyond KNOU’s control. KNOU 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, KNOU 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 KNOU elects, at its sole discretion, to attempt to reschedule any such event/activity or offer an alternative prize, KNOU 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 Promotions

The Sponsor 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; provided, however, that in no event shall any such Ancillary Promotion directly alter the way any element of the Competition is conducted and/or impact the overall outcome of the Competition.

Prior to conducting, and throughout the duration of, any such Ancillary Promotion, the Sponsor 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 Entrants 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 may result in disqualification. Sponsor reserves the right, in its sole discretion, to disqualify any individual as an Entrant or a Voter, including the voiding of votes, for reasons including: (a) acting in any manner deemed by the Sponsor to be in violation of these Rules; or (b) acting in any manner deemed by the Sponsor to be unsportsmanlike, disruptive, and/or with intent to annoy, abuse, threaten, or harass any other person. Sponsor also reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry or voting process(es), or the operation of the Competition. ANY ACTION BY A VOTER, ENTRANT, OR ANY OTHER INDIVIDUAL WHICH DAMAGES OR UNDERMINES THE LEGITIMATE OPERATION OF THE COMPETITION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH ACTION BE TAKEN, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.


Requirements and Consent of Winner(s)

Any potential 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, Entrant release, and other documents (“Prize Claim Documents”). If any Potential Winner fails or refuses to sign and return all Prize Claim Documents within fourteen (14) days of the delivery of Prize notification(s), the Potential Winner may be disqualified, and an Alternate Winner may be selected by determining the Entrant with the next-highest votes. The applicable Prize will then be transferred to the Alternate Winner. If you are selected as a 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 the Sponsor, 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 Prize(s) to the Winner. The Sponsor is not responsible for any failure to notify the Sponsor of any change in address of Entrant(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 the Sponsor has the right, in its sole discretion, to disqualify and remove the Winner from any activity at any time, if the Sponsor 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 the Sponsor, or otherwise violates the policies of the Prize Provider.


Dispute Resolution

NOTICE REGARDING DISPUTE RESOLUTION. THESE RULES GOVERN WHAT CLAIMS YOU CAN BRING, WHAT DAMAGES YOU CAN CLAIM, AND HOW DISPUTES BETWEEN YOU AND THE COMPETITION ENTITIES RELATING TO YOUR PARTICIPATION AS AN ENTRANT, VOTER, OR WINNER (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.

Any dispute or claim arising out of, or relating in any way, to the Competition, your participation in it, these Rules, the Terms and Conditions, or the Privacy Policy, including all issues concerning the construction, validity, interpretation, and enforceability of these Rules, Entrant, or Voter rights and obligations, the rights and obligations of Sponsor or Prize Provider, or the extent of any waiver or release of claims by you, shall 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 and 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 relief as otherwise specified in these Rules. 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. To the extent damages are awarded, the arbitration award shall be limited to actual out-of-pocket costs incurred. In addition, the prevailing Party will be entitled to recover its attorneys’ fees and arbitration costs.

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.


Waiver and Limitations of Liability

PARTICIPANTS (TO INCLUDE ENTRANTS, VOTERS, AND WINNERS) AGREE THAT, IN NO EVENT, SHALL SPONSOR, PROMOTION ENTITIES, CONTEST OPERATORS, 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, 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’ 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: (a) of ambiguity or error in the Competition, these Rules, the Terms and Conditions, or the Privacy Policy; (b) related to lost, late, incomplete, or misdirected entries or votes; (c) 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; (d) for copyright infringement or violation of the right of publicity based on use of the Submitted or Additional Materials by Sponsor; or (e) due to any error in the offering or announcement of any Prize.

PARTICIPANTS FURTHER AGREE THAT ALL DECISIONS OF SPONSOR 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 SPONSOR 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 AND VOTERS, OFFSITE VOTE INCENTIVES, MISLEADING OR DECEPTIVE PROMOTIONAL TACTICS, OR ANY OTHER BEHAVIORS CONSIDERED TO BE MISLEADING OR UNSPORTSMANLIKE.


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, the Sponsor 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 the Sponsor 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, the Sponsor 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 an Entrant or Voter, you agree that a Competition withdraw request or request for removal from the Competition can take up to 48 hours to be processed and that a profile may still remain active during this length of time. Voters and Entrants both acknowledge and agree that no refunds will be given upon an Entrant’s request for removal from the Competition. The Sponsor does not encourage withdraw 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 an Entrant be eliminated, disqualified, or willingly withdrawn from the Competition. Voters acknowledge that there are no exceptions to this policy.


Donation

BY PARTICIPATING IN THE COMPETITION AS AN ENTRANT 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. SPONSOR ALONE IS MAKING A DONATION OF CONTEST NET PROCEEDS TO CHARITY. BY SIMPLY PARTICIPATING IN THE COMPETITION AS AN ENTRANT, VOTER, OR WINNER, YOU ARE NOT MAKING ANY DONATION TO CHARITY.

At the end of the Competition, Sponsor will donate no less than twenty-five percent (25%) of its net proceeds earned from votes purchased to the American Foundation for Suicide Prevention (AFSP).


Severability 

If any term or provision in these Rules, the Terms and Conditions, or the Privacy Policy is determined by a competent authority to be unenforceable, all other terms and provisions of these Rules, the Terms and Conditions, 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 the Grand Prize Winner, please contact Sponsor here.


No Affiliation

This Competition is not in any manner sponsored, endorsed, or administered by, or associated with, Facebook or Instagram.