BEST DAD EVER CONTEST
OFFICIAL RULES - NO PURCHASE NECESSARY TO ENTER OR WIN
1. Eligibility: Best Dad Ever Contest (the "Contest") is open only to legal residents of the fifty (50) United States (and the District of Columbia) who are at least eighteen (18) years old. Contestants must have their own account with Instagram, Facebook or Twitter, which is free. Neither employees of Soul Circus, Inc. d/b/a UniverSoul Circus, Instagram, Facebook or Twitter, Inc., or , Inc., nor any of their parent and affiliate companies, immediate family members (spouse, parents, siblings and children), or household members of such employees are eligible to participate in the Contest. The Contest is subject to all applicable federal, state, and local laws and regulations.
Void where prohibited.
2. Sponsor: Soul Circus, Inc. d/b/a UniverSoul Circus, 230 Peachtree Street, Suite 2000, Atlanta,
GA 30303. Administrator: Hank Ernest, 230 Peachtree Street, Suite 2000, Atlanta, Ga 30303.
3. Agreement to Official Rules: Submission of an entry in this Contest constitutes Contestant's full and unconditional agreement to and acceptance of these Official Rules and Sponsor's and Administrator's decisions, which shall be final and binding in all matters related to this Contest.
Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. Timing: The Contest begins on 6/13/19 at 12:00am Eastern Time ("ET"), ends 6/15/19 at 12:00 am ET (the "Contest Period") with eight winners chosen by a panel of judges.
5. How to Enter: To complete your entry in the Contest, you must follow UniverSoul Circus on Instagram, Facebook or Twitter. By entering the Contest, you agree your Submission conforms to the Submission Guidelines and Content Restrictions as defined below (collectively, the "Guidelines and Restrictions") and that Sponsor may remove your Submission and disqualify you from the Contest if it believes that, in its sole discretion, your Submission fails to conform to the Guidelines and Restrictions.
1) Post a high-resolution photo of your dad
2) Tag us and tell us why he’s the Best Dad Ever
3) Submit your entry on Instagram (@UniverSoulCircus), Facebook (www.facebook.com/universoulcircus.com) or Twitter (@UniverSoulCirc)
For All Submissions:
(a) Limit on Submission: Each Contestant may submit no more than one (1) Submission during a Submission Phase. Submissions received from any person in excess of the stated limit will render such submission void.
(b) With respect to a given Submission, the authorized account holder, as defined below, at the time of entry, of the Instagram, Facebook or Twitter account used to create the applicable Submission will be deemed to be the Contestant and must comply with these Official Rules.
(c) The "authorized account holder" is the natural person, at the time of the Submission, who, at the time of the Submission, is identified or otherwise reflected by Instagram, Facebook or Twitter as the holder of the Instagram, Facebook or Twitter Account used to make the Submission. Each Contestant may be required to show proof of being the authorized account holder for account associated with Submission in order to verify the eligibility and/or validity of the Contestant’s Submission.
(e) Contestant must have valid permission from all individuals that appear in the Submission (if any) to use their name and likeness in the Submission and to grant the rights to use such to Sponsor, as set forth in Section 7 of these Official Rules. If requested by Sponsor, Contestant must be able to provide proof of such permissions in a form acceptable to Sponsor.
(g) The Contest Submission constitutes Contestant's grant to Sponsor of a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submission(s) in whole or in part, on a worldwide basis, and to incorporate such into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes.
(h) If necessary, Contestant will sign any necessary documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights Contestant is granting to use the Submission.
(i) Released Parties (as defined in Section 9, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions, all of which will be considered void.
6. Winner Determination: Winners will be determined according to the process set forth below.
Eight winners shall be chosen by a panel of judges from the eligible Contestants.
7. Winner Requirements: Winners will be notified through the social media account that posted the submission by 2pm on 6/15/19. A potential Winner must claim their prize one hour prior to the designated show at the UniverSoul Circus Box Office or forfeit the prize. Each potential Winner will be required to execute and provide to Administrator or the Administrator’s designee, an Affidavit of Eligibility, Liability & Publicity Release ("Affidavit") in order to claim his or her prize.
If a potential Winner fails to timely respond to the public announcement notification within the required time period, fails to execute and return the Affidavit within the required time period, or is otherwise not in compliance with these Official Rules, such potential Winner forfeits the prize. If a potential Winner is disqualified for any reason, the prize may be awarded to a runner-up, if any, in Sponsor's sole discretion. Only two (2) alternate winners will be selected through this process, after which the applicable prize will remain unawarded.
Acceptance of any prize shall constitute and signify winner's agreement and consent that Sponsor and its designees may use the winner's name, city, state, likeness, photo, Submission and/or prize information in connection with the Contest for promotional, advertising, and/or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Without limiting the generality of these Official Rules, winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Submission and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Winner accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Winner will indemnify Sponsor, Released Parties (as defined in Section 9, below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms. Prizes will be fulfilled onsite day of promotion.
Prize Winners (8) – Four (4) UniverSoul Circus Tickets to a performance of the UniverSoul Circus. Show date and time to be designated by Sponsor and have his picture posted on the big screen at the show.
The odds of winning will be determined by the number of entries
For All Prizes: Prizes are non-transferable, and no substitution or cash redemption will be permitted unless Sponsor, in its sole discretion, determines otherwise. Sponsor reserves the right to substitute a prize (or portion thereof) with one of comparable or greater value, in its sole discretion. Winners are responsible for all federal, state and local taxes and any other costs, expenses or fees associated with prize acceptance and/or use not specified herein as being provided. Limit: One (1) prize per person. All prize details are at Sponsor's sole discretion.
9. Release: By participating, Contestant agrees to release and hold harmless the Sponsor, Instagram, Facebook or Twitter, Inc., and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company's officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.
10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. If terminated, Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys' fees) from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
11. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Contestant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions or votes or the tabulating of votes, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Contestant's participation in the Contest or receipt or use or misuse of any prize. Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third-party use of any Submission.
12. Disputes: Except where prohibited, Contestant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Northern District of Georgia (Atlanta Division) or the appropriate Georgia State Court located in Fulton County, Georgia; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' fees; and (3) under no circumstances will Contestant be permitted to obtain awards for, and Contestant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Contestant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Georgia without giving effect to any choice of law or conflict of law rules (whether of the State of Georgia or any
other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Georgia.
14. Winner List: A list of winners will be posted on the Sponsor website (universoulcircus.com) and on the UniverSoul Circus Facebook page. Winner List requests will only be accepted after the promotion end date (listed above) and no later than July 31, 2019. For the Winner List, send an email with subject line: "The Best Dad EverContest, Winner List Request," to email@example.com