Necessary Roughness Wine Wednesday Twitter CONTEST
NO PURCHASE NECESSARY TO ENTER OR WIN. A purchase will not improve your chances of winning.
The Necessary Roughness Wine Wednesday Twitter Contest (the “Contest”) is intended for participation only in the United States and shall be construed according to, and governed exclusively by, United States law. Do not participate in the Contest if you are not a legal resident of the United States physically located in the United States at the time of entry or do not fall within the eligibility requirements set forth in theSE Official Rules.
THE CONTEST IS IN NO WAY sponsored, endorsed, administered by or associated with TWITTER.
BY ENTERING THE CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO SPONSOR FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
3. CONTEST PERIOD: The Contest begins on June 12, 2013 when @SheKnows and/or @TvFanatic posts the official contest question with the hashtag “#WineWednesdayNR” (the “Official Contest Question”) and ends when @SheKnows and @TvFanatic receive an @ reply with the correct answer to the Official Contest Question with hashtag “#WineWednesdayNR”, as determined by Sponsor in its sole and absolute discretion, from an eligible participant (the “Contest Period”).
6. PRIZES AND APPROXIMATE RETAIL VALUES (“ARV”): One prize will be awarded which consists of a USA Necessary Roughness prize pack. All details of the prize will be determined by Sponsor in its sole discretion and Sponsor may, in its sole and exclusive discretion, replace the prize or any component thereof with a prize of equal or greater value. Total ARV of all prizes is $300 USD.
7. PRIZE CLAIM: The potential winner of the Contest will be notified through Twitter and email as set forth in Section 5 and will be required to sign and return within a specified time period an Affidavit of Eligibility and Liability/Publicity Release (“Affidavit”) and any other documents Sponsor may require. Failure to timely return a signed Affidavit or other required documents or the return of any prize notification or prize as undeliverable will result in prize forfeiture and the next entrant to submit the correct answer to the Official Contest Question may become the new potential winner of the Contest. The new potential winner of the Contest will also be subject to the requirements set forth in these Official Rules. Federal and state income taxes may apply and are the sole responsibility of the winner of the Contest. All expenses not specifically stated as being included are excluded, including, without limitation, taxes, including any income tax, and are the responsibility of the winner of the Contest. The winner of the Contest will be issued an Internal Revenue Service Form 1099 for the value of their prize for the tax year in which prize was won, if required by law. No assignment or transfer of any prize is permitted.
8. LICENSE: By entering a Contest entry in the Contest, you hereby grant Sponsor and its successors a worldwide, perpetual, exclusive, irrevocable, royalty-free, sublicenseable (through multiple tiers) and transferable license (with a right to create derivative works) to use, copy, modify, distribute, perform, publicly perform and display your Contest entry, in any and all media, in whatever form, for any legal purposes whatsoever now known or hereinafter becomes known. You irrevocably waive any and all so-called moral rights you may have in the contest entry submitted by you.
9. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: By submitting a Contest entry in the Contest, you represent and warrant that (a) you have read these Official Rules, are eligible to participate in the Contest and agree to be bound by these Official Rules, (b) all of the information provided by you to Sponsor in connection with the Contest is accurate, (c) your Contest entry is your original work, (d) your Contest entry does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity, and (e) your Contest entry does not contain any disabling device, virus, worm, back door or other disruptive or malicious code that may or are intended to impair the intended performance or otherwise permit unauthorized access to, hamper, delete or damage www.twitter.com, www.SheKnows.com or any other computer system, software, network or data. Sponsor reserves the right to request proof of these representations and warranties in a form acceptable to Sponsor from you at any time. Sponsor reserves the right to disqualify any Contest entry for any reason, in its sole and absolute discretion.
10. DATES AND DEADLINES / ANTICIPATED NUMBER OF ENTRANTS: Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Sponsor cannot accurately predict the number of entrants who will participate in the Contest.
11. FURTHER DOCUMENTATION: In the event Sponsor shall desire to secure additional assignments, releases, certificates of engagement for the Contest entry or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of the agreements hereunder, you agree to sign the same upon Sponsor’s request therefor (without any need for any additional consideration).
12. PUBLICITY RELEASE: By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between or among Sponsor and you, you irrevocably grant Sponsor and its successors, assigns and licensees, the right to use your Contest entry, name, Twitter user name, likeness, biographical information in any and all media for any purpose, including without limitation, commercial, advertising and promotional purposes as well as in, on or in connection with www.SheKnows.com or the Contest or other promotions, and hereby release the Sponsor Entities from any liability with respect thereto, unless prohibited by law.
13. NATURE OF RELATIONSHIP / WAIVER OF EQUITABLE RELIEF: You hereby acknowledge and agree that the relationship between you and the Sponsor Entities is not a confidential, fiduciary or other special relationship, and that your decision to provide your Contest entry to Sponsor for purposes of the Contest does not place the Sponsor Entities in a position that is any different from the position held by members of the general public with regard to elements of your Contest entry. You acknowledge and agree that the Sponsor Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory or otherwise, with respect to the infringement or protection of your copyright in and to the Contest entry. Finally, your acknowledge that, with respect to any claim by you relating to or arising out of any Sponsor Entities’ actual or alleged exploitation or use of any Contest entry or other material submitted in connection with the Contest, the damage, if any, thereby caused to you will not be irreparable or otherwise sufficient to entitle you to seek injunctive or other equitable relief or in any way.
14. GENERAL LIABILITY RELEASE/FORCE MAJEURE: You agree that none of Sponsor, Twitter, or any of their affiliates, shall be responsible or liable for any losses, damages or injuries of any kind resulting from the Contest or any Contest-related activity and you hereby waive all rights to bring any claim, action or proceeding against any of the Sponsor Entities or Twitter with respect thereto. Without limiting the generality of the foregoing, none of the Sponsor Entities, Twitter, or any of their affiliates, shall be responsible or liable for (a) any damage to your computer system which is occasioned by accessing www.twitter.com, www.SheKnows.com or participating in the Contest, (b) any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, (c) incomplete, illegible, misdirected, misprinted, late, lost, damaged or stolen Contest entries or notifications, (d) lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites or other connections, (e) the incorrect or inaccurate capture of information, or the failure to capture any information, (f) any ambiguity with respect to these Official Rules, including the judging criteria, any Affidavit documents or any promotional materials related to the Contest, or (g) any liability arising in connection with any other cause, condition or event whatsoever beyond the control of Sponsor. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be (a) tampering with the entry process or the operation of the Contest, www.twitter.com or www.SheKnows.com, (b) acting in violation of these Official Rules, (c) acting in an unsportsmanlike or disruptive manner, (d) acting with the intent to disrupt or undermine the legitimate operation of the Contest, or (e) acting in a manner to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. In the event Sponsor is prevented from continuing with the Contest as contemplated herein by any event beyond its control, including, without limitation, fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, or any federal, state or local government law, order or regulation, or other cause not reasonably within Sponsor’s control (each a “force majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend or terminate the Contest. If the Contest is terminated before the designated end date, Sponsor will (if possible) select the winner from all eligible, non-suspect Contest entrys received as of the date of the event giving rise to the termination.
15. DISPUTES: You agree to release, defend, indemnify and hold harmless each of the Sponsor Entities, those working on behalf of the Sponsor Entities and each of their respective officers, directors, representatives, employees, agents, successors and assigns from any damage, injury, death, loss or other liability, either at law or equity, whether known or unknown, asserted or non-asserted, that may arise from or in any way relate to your participation in the Contest, Sponsor’s use of the Contest entry or the awarding, acceptance, use or misuse of any prize. Any and all disputes, claims and causes of action arising out of or in connection with the Contest shall be resolved individually without resort to any form of class action. The Contest shall be governed by and construed in accordance with the laws of the State of Arizona regardless of principles of conflicts of laws that may require the application of the laws of another jurisdiction. Any action or litigation concerning this Agreement shall take place exclusively in the federal or state courts sitting in Maricopa County, Arizona, and you expressly consents to the jurisdiction of and venue in such courts and waives all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. You agree to service of process by mail or other method acceptable under the laws of the State of Arizona.
ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS CONTEST. YOU HEREBY WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEYS’ FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.
16. WINNER LIST: To obtain a copy of a winner list, send a self-addressed stamped envelope to SheKnows, LLC, 16101 N. 82nd St., Suite A-9, Scottsdale, AZ 85260. All such requests must be received no later than January 31, 2014. The winner of the Contest may be posted on www.SheKnows.com.
17. SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
18. SPONSOR: SheKnows, LLC, 16101 N. 82nd St., Suite A-9, Scottsdale, AZ 85260. The contest is in no way sponsored, endorsed or administered by, or associated with, Twitter or any other social media platform. Any and all questions, comments or complaints regarding the Contest must be directed solely to Sponsor, not Twitter or any other third party.
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