Swisher Sweets Austin Takeover
CONTEST RULES AND REGULATIONS
NO PURCHASE IS NECESSARY TO ENTER OR WIN.
A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
- Eligibility: THE SWISHER CONTEST (the “Contest”) is open to individual solo artists who enter according to these Rules and who are 21 years of age as of the date of submitting an entry. The Contest is only open to individual solo artists who are legal residents of the United States, and is void where prohibited by law. Employees of Swisher International, Inc. (the “Sponsor”), and/or of the Sponsor’s affiliates, subsidiaries, advertising and promotion agencies, and suppliers, as well as such employees’ immediate family members and/or those living in the same household, are not eligible to participate in the Contest. The Contest is subject to all applicable federal, state, and local laws and regulations. This Contest is void where prohibited by law.
- Agreement to Rules: By participating, you agree to be fully and unconditionally bound by these Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of the Sponsor as final and binding as they relate to the Contest and the interpretation and application of these Rules. The Contest is subject to all applicable federal, state, and local laws.
- Contest Period: Entries will be accepted online starting on January 23, 2017, and ending at 6:00 pm EST on February 6th, 2017. The Swisher Sweets Artist Project panel will select 10 finalists, to enter the voting platform. The finalists will be announced by February 3rd.
- How to Enter and How to Win: No purchase is necessary to enter or win. You must enter the Contest by posting a link to either a video or soundtrack of an original song to artistprojectevents.com. All entries must be received by February 6th, 2017, 5:59 PM EST. All persons appearing in any video must be 21 years old or older. Entries will be reviewed by the Swisher Sweets Artist Project Panel, which will select up to 10 finalists based on the clarity, creativity, and lyrics of the songs, among other criteria in the panel’s discretion. Sponsor will notify each finalist that he or she has been selected. Each finalist’s song will be entered into an online voting platform on artistprojectevents.com. The platform will open for voting from February 10th 12:00 PM EST until February 24th 6:00 PM EST. The finalist with the most fan votes will be the winner.
By making an entry, the entrant warrants that he or she has all intellectual property and other rights and permissions to the song submitted, including all other content related to the submission (e.g., video, photographs, images, etc.), such that neither the entrant’s making the submission nor any publication or other use of the submission by Sponsor as contemplated herein will violate the rights of any third parties. Entrant shall fully indemnify and hold the Sponsor harmless in all respects from and against any third party claim of infringement of any intellectual property or other right in connection with the submission, including but not limited to attorneys’ fees incurred in defending against such a claim. Further, an entrant may be required to provide an affidavit re-confirming the entrant’s proper intellectual property and other rights and permissions to the submission as a condition of being selected as a finalist.
The entry must fulfill all Contest requirements, as specified herein, to be eligible to win a prize. No mechanically reproduced or photocopied entries are permitted, and no changes to any entry information will be permitted once submitted. All entries become the property of Sponsor and will not be acknowledged or returned. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the Sponsor’s sole discretion. Entries the Sponsor receives after the deadlines stated herein will be discarded and deemed void.
LIMIT ONE ENTRY PER PERSON. You may enter only once and you must fill in the information requested. You may not enter more than once by any means, including but not limited to using multiple social accounts, identities, or devices. If you use fraudulent methods to enter, or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the Sponsor’s sole discretion.
Online Entry Deadline: All entries must be received by February 6th, 2017, 5:59 PM EST.
- Prizes: There will only be one winner. The winner will win a performance slot at the Swisher Sweets Austin Takeover March 18th, 2017. The winner will receive one coach airline ticket to Austin March 17th and one hotel room for 2 nights March 17th-18th. Actual/appraised value may differ at time of prize award. The Sponsor shall solely determine the specifics of the prize. No cash or other prize substitution is permitted except at Sponsor’s discretion. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of the winner. No substitution of prize, transfer/assignment of prize to others, or request for the cash equivalent by winners is permitted.
- Finalist and Winner Notification:
The finalists will be notified via the respective email addresses provided in connection with each of those entries. The finalist submissions will also be published on artistprojectevents.com. The winner will likewise be notified via the email provided in connection with that entry, and the winning submission will also be identified on artistprojectevents.com. The Sponsor shall have no liability for a winner’s failure to receive notices or other security settings, or winner’s provision of incorrect or otherwise non-functioning contact information. If a selected winner cannot be contacted, is ineligible, fails to claim the prize within two business days of notification via social media, the prize may be forfeited and an alternate winner selected.
Winner’s receipt of any prize offered in this Contest is conditioned upon compliance with any and all federal and state laws and regulations. AT SPONSOR’S SOLE DISCRETION, ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER MAY RESULT IN SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE CONTEST AND IMMEDIATE TERMINATION OF ALL PRIVILEGES AS WINNER.
- Rights Granted by You: By entering this Contest you understand and permit that the Sponsor, its subsidiaries and other affiliated entities, employees, agents, licensees, successors, assigns, and anyone else acting by, through, or on behalf of the Sponsor will have the right, where permitted by law, without any further notice, review, or consent to use the information provided on your entry submission for marketing and other valid business purposes. To opt out of granting this right, you must send an email to firstname.lastname@example.org with your name, video description and email address you entered the contest with or mail a written request, including the name and email address used to enter, to: Swisher International, Inc. 459 East 16th Street, Jacksonville, Florida 32206, U.S.A. All opt-out requests must be received no later than 7 days after the contest ends. Opting out of granting this right will have no impact on your chances of winning the Contest.
Also by entering the Contest you agree to receive marketing emails and/or mail periodically from Sponsor and its subsidiaries and other affiliated entities, employees, agents, licensees, successors, assigns, and anyone acting by, through, or on their behalf. You can opt-out of receiving such communication at any time by clicking the unsubscribe link in the email or calling the telephone number on the mailing.
Moreover, by accepting a prize under this Contest, you understand and permit that the Sponsor, its subsidiaries and other affiliated entities, employees, agents, licensees, successors, assigns, and anyone else acting by, through, or on behalf of the Sponsor will have the right, without any further notice, review, or consent, where permitted by law and unless the winner specifically informs Sponsor in writing at time of prize acceptance that he or she objects to such use, to print, publish, broadcast, distribute, and use, worldwide in any media hereafter in perpetuity and throughout the world, your entry, including, without limitation, your name, portrait, picture, voice, likeness, image, statements about the Contest, and biographical information as news, publicity, or information, and for trade, advertising, public relations, promotion, and other valid business purposes.
- Terms: The Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Contest should a virus, technical issue, non-authorized human intervention, fraud, or other causes beyond Sponsor’s control corrupt or affect the administration, security, fairness, or proper conduct of the Contest. In such case, the Sponsor may, in its sole discretion, select a winner from all eligible entries received prior to and/or after (if appropriate) the action taken by the Sponsor to address the intervening event. The Sponsor has the right, in its sole discretion, to maintain the integrity of the Contest. This includes, without limitation, the rights to (i) void entries for any reason, including but not limited to multiple entries from the same user from different IP addresses, multiple entries from the same computer in excess of that allowed by the Contest Rules, or entering the Contest by the use of bots, macros, scripts, or other technical means; and (ii) disqualify and/or pursue any legal action against any individual who tampers or attempts to tamper with the entry process, the operation of the Contest or its website, or otherwise violates these Rules. Any attempt by any person to damage any website or otherwise undermine the legitimate operation of the Contest may be a violation of criminal and civil laws, and if should such an attempt is made, or is suspected to have been made, Sponsor reserves the right to seek criminal prosecution and/or civil damages from any such person to the fullest extent permitted by law.
- Release, Indemnification, and Limitation of Liability: By submitting an entry to the Contest, you agree to fully, completely, and forever release, indemnify, and hold harmless Sponsor and any and all of its parents, subsidiaries, affiliates, and all other related entities, general and limited partners, joint ventures, successors, assigns, beneficiaries, attorneys, insurers, subrogees, advertising and promotional agencies, representatives, agents, principals, employees, officers, directors, and anyone else acting by, for, or through Sponsor, from and against any and all claims, demands, actions, cause of action, damages, suits at law, suits in equity, liabilities, illnesses, injuries, death, and any other losses, suffered, incurred, claimed, or brought by you (including any of your beneficiaries, successors, assigns, and anyone acting on your behalf), whether known or unknown, that currently exist or that may arise or occur, directly or indirectly, whether caused by negligence or not, in connection with your attempted entry, entry, or participation in the Contest. This includes, but is not limited to, (i) your acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware, or software; (iii) the unavailability or inaccessibility of any transmissions, or of telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Contest; and (v) electronic or human error which may occur in the administration of the Contest or the processing of entries.
- Dispute Resolution: THIS CONTEST IS GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA AND THE STATE OF FLORIDA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Contest, you (including any of your beneficiaries, successors, assigns, and anyone acting on your behalf) agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Contest, shall be resolved individually, without resort to any form of class action (and you agree to waive any and all right to bring or participate in any class action arising out of or related to this Contest), exclusively before a court located in Florida having jurisdiction. Further, in any such dispute, under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, punitive, incidental, and consequential damages, including reasonable attorneys’ fees. You agree that the only damage award to which you may be entitled shall be expressly limited to your out-of-pocket expenses associated with entering this Contest, and you further waive any and all rights to have damages multiplied or increased.
- Winners List: To request the name(s) of the Contest winner(s), or a copy of these Official Rules, please mail your request along with a stamped, self-addressed envelope to: Swisher International Inc., Attn: Consumer Engagement Department, 459 East 16th Street, Jacksonville, Florida 32206, U.S.A. All such requests must be received no later than 14 days from the end of the contest.
- Sponsor: The Sponsor of the Contest is: Swisher International, Inc. 459 East 16th Street, Jacksonville, Florida 32206, U.S.A.