Five Star® #StrengthNotStress 2018 Playlist Live Sweepstakes (the “Sweepstakes”) OFFICIAL RULES (the “Official Rules”)
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. MANY WILL ENTER, BUT ONLY ONE PERSON WILL WIN.
- DESCRIPTION OF THE SWEEPSTAKES: The Five Star® #StrengthNotStress 2018 Playlist Live Sweepstakes (the “Sweepstakes”) is designed to give eligible entrants (“Entrants”) the opportunity to win a trip for the winner and one (1) guest to the 2018 Playlist Live event held at Meadowlands Expo Center in Secaucus, New Jersey on September 21 and 22, 2018 (the “Prize”).
- ELIGIBILITY: The Sweepstakes is open only to legal residents of the contiguous forty-eight (48) United States and the District of Columbia who are thirteen (13) years of age or older at the time of entry and who maintain a valid Twitter or Instagram account, set to a publicly viewable setting throughout the duration of the Sweepstakes Period and until the prize is awarded. Void where prohibited by law. Individuals who are employees, officers, directors, agents or representatives of Awesomeness BP, LLC (“Sponsor”), ACCO BRANDS USA, LLC (“ACCO”), any either of their parent companies, affiliates, subsidiaries, advertising, production and promotion agencies involved in the execution, administration or fulfillment of the Sweepstakes (collectively the “Sweepstakes Parties”), as well as their immediate family members (defined as parents, children, siblings and spouses; whether biological, adopted, step or in-law, regardless of where they live) and those with whom such individuals are domiciled (whether related or not) are not eligible. If Entrant is under the age of majority in his/her state of residence, by entering the Sweepstakes, Entrant’s parent or legal guardian represents and warrants that Entrant has their consent to enter the Sweepstakes. Sponsor reserves the right to confirm such consent at any time by any manner including by having Entrant’s parent or legal guardian sign a parental consent form, and failure to comply with Sponsor’s request may result in disqualification in Sponsor’s sole discretion. If potential Winner (as defined below) is a minor in his/her jurisdiction, prize will be awarded in the name of the Winner’s parent or legal guardian. Any reference to “Entrant” herein shall be deemed to include his/her parent or legal guardian, as applicable when such Entrant is a minor in his/her jurisdiction.
- HOW TO ENTER: This Sweepstakes begins on Wednesday, August 8, 2018 at 9:00 PM PST and ends on Wednesday, August 22, 2018 at 11:59 PM PST (“Sweepstakes Period”). To enter, Entrants must either (each an “Entry”): (i) reply on Twitter to Sponsor’s tweet announcing the sweepstakes from @AwesomenessTV, describe how the Entrant stands up to stress in his or her own words, and include the #StrengthNotStress and the #Sweepstakes hashtags; or (ii) reply on Instagram to Sponsor’s Instagram post announcing the sweepstakes from @AwesomenessTV, tag three (3) Instagram accounts belonging to friends of the Entrant, describe how the Entrant stands up to stress in his or her own words, and include the #StrengthNotStress and Sweepstakes hashtags; or (iii) “swipe up” on the Instagram Story post announcing the sweepstakes from @AwesomenessTV and, once linked to the static Instagram posts of the same account (@AwesomenessTV), tag three (3) Instagram accounts belonging to friends of the Entrant, describe how the Entrant stands up to stress in his or her own words, and include the #StrengthNotStress and #Sweepstakes hashtags.
LIMIT: One Entry per person regardless of method of entry. All required Entrant information must be in compliance with the Official Rules including all required Entry requirements. Entries must be received by Sponsor during the Sweepstakes Period. Each Entry must be submitted by the Entrant him or herself on Entrant’s own Twitter or Instagram account that is registered in Entrant’s own name. Entries received after the close of the Sweepstakes Period or that are submitted by any method of entry other than as described herein will be automatically disqualified. All Entries must comply with the Entry Requirements set forth below. Sponsor reserves the right to disqualify any Entry that it deems in its sole discretion is inappropriate or does not conform to these Official Rules. Sponsor is not responsible for late, lost, undelivered, invalid, incomplete, misdirected, illegible, destroyed or damaged Entries, all of which will be disqualified. Entrants agree to be bound by and acknowledge compliance with these Official Rules.
- ENTRY REQUIREMENTS: By entering the Sweepstakes, each Entrant represents and warrants that their Entry complies with the following:
- The Entry must be in English.
- The Entry must comply with the terms/requirements of the social media platform on which the Entrant enters.
- The Entry must be Entrant’s original work, created solely by Entrant; must not have been previously published, released or distributed in any form; must not have won any award; must not have been created for a class or for work; and must not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or
- The Entry must not contain or reference any personal name other than the entrant’s own name, must not contain or reference any business names, products or services of any company or entity other than Five Star branded products, and must not contain any trademarks, logos, trade dress or promotion of any brand, product or service other than Five Star branded products.
- Entries that are lewd, obscene or indecent, sexually explicit or suggestive, pornographic, disparaging, defamatory, libelous, or Entries that otherwise contain inappropriate content or objectionable material may not be submitted and will be disqualified in Sponsor’s sole and unfettered
- Entries that are not in keeping with the image that Sponsor and/or ACCO desires to maintain in connection with either of their companies or brands may be disqualified, in Sponsor’s sole discretion.
Sponsor reserves the right in its sole and unfettered discretion to disqualify any Entry for any reason, including but not limited to a violation or potential violation of any of the foregoing requirements or a failure to comply with any provision of these Official Rules. The decisions of Sponsor on this and all matters pertaining to the Sweepstakes shall be final and binding.
- GRANT OF RIGHTS: The Winner (defined below) hereby grants all right, title and interest in and to his/her Entry and his or her name, voice and likeness in connection with the Sweepstakes, to Sponsor for use in any and all manner or media (whether now known or hereafter devised) anywhere in the world, in perpetuity, for any purpose, including without limitation, for purposes of advertising Sponsor or Sponsor’s product or services. Winner’s parent or legal guardian, as applicable, agrees to sign a release to this effect. Entrants agree to indemnify and hold Sponsor and the other Sweepstakes Parties harmless from and against any suits, claims, losses, damages and expenses, including reasonable attorney fees, that it may sustain from any breach of a representation or warranty made by the Entrant or the use of any rights granted by the Entrant to Sponsor hereunder including, without limitation, the publication, use or exploitation of the Entry as contemplated herein. By entering the Sweepstakes, Entrants hereby grant Sponsor the right to contact Entrant via email for promotion and marketing
- WINNER SELECTION: On or about September 1, 2018 at approximately 12:00 PM PST (“Selection Date”) a representative of Sponsor will use a random generator to randomly select an Entrant to receive the Prize (the “Winner”). The Winner selection is final and binding. Potential Winner will be notified on September 1, 2018 by approximately 12:30 PM PST via direct message on Instagram or Twitter (depending on the platform utilized by the potential Winner for his/her Entry). Prior to being declared the Winner, the potential Winner (or the potential Winner’s parent or legal guardian, if potential winner is an eligible minor in his/her jurisdiction) will be required to complete, sign and return an affidavit of eligibility and liability and publicity release (where legal) form to be provided by the Sponsor (the “Release”), by no later than 2:00 p.m. PST on September 5, 201. The Prize will be forfeited if Release is not returned signed and completed, within the timeframe specified, or if the potential Winner is found to be ineligible or otherwise not in compliance with these Official
7. PRIZE: The Prize is: (i) Two (2) tickets for Winner and one (1) guest of Winner to attend the 2018 Playlist Live event held at Meadowlands Expo Center in Secaucus, New Jersey on September 21 and 22, 2018; (ii) One double occupancy (1) hotel room for two (2) nights on September 21 and 22, 2018 to be used only by Winner and his/her guest; and (iii) two (2) round-trip economy-class, round trip airfare tickets for Winner and his/her guest from major airport nearest Winner’s home to the major airport nearest the event. The approximate retail value (“ARV”) of the Prize is USD $1,580.
ARV determined as of July 2, 2018. Actual value may vary based on Winner’s point of departure. Winner is not entitled to the difference, if any, between the actual and approximate retail value of the Prize. The Prize must be accepted as awarded, is non-transferable, non-exchangeable and not redeemable for cash or otherwise. In the event that the Winner is under of the legal age of majority in his/her state of residence at the time of travel, Winner’s guest must be Winner’s parent or legal guardian. If Winner is an adult, guest of Winner must be of the legal age of majority unless such guest is the child or ward of the Winner, and in such case such guest must be at least 13 years of age or older. Sponsor reserves the right to substitute a Prize for one of equal or greater value if a designated Prize should become unavailable for any reason, or for any other reason in Sponsor’s sole discretion. Sponsor makes no representations or warranties with respect to any Prize. All meals, ground transportation, gratuities, hotel incidentals or damages, and any other costs or expenses associated with the Prize will be the sole responsibility of selected Winner. Winner must provide a valid credit card upon check in at hotel to cover any incidental fees or damages. The Winner is solely responsible for all applicable taxes on prizes.
Sponsor will make arrangements for fulfillment of the Prize. Winner and guest must provide valid travel documentation prior to booking, and must travel on same itinerary. The Playlist Live event is currently anticipated to take place on September 21 and 22, 2018 but is subject to change. If the Sweepstakes is canceled, rescheduled, or for any reason, or if the Winner cannot participate in travel to the event on a date and time specified by Sponsor, Sponsor shall have no further obligation to the Winner. Sponsor may require that the Winner sign additional documents relating to the Prizes.
- ODDS OF WINNING: The odds of winning are determined by and depend upon the total number of eligible Entries received during the Sweepstakes Many will enter, only one (1) will win.
- PERSONAL INFORMATION/PUBLICITY: Sponsor and its authorized agents will collect, use, and disclose the personal information provided at the time of entry for the purposes of administering the Sweepstakes and prize fulfillment. By entering this Sweepstakes, Entrant consents to such collection, use, and disclosure of Entrant’s personal information. By accepting a prize, Entrant agrees to Sponsor’s use of his/her name, city/state of residence, likeness, biographical information, statements, voice and likeness in any advertising and publicity Sponsor may conduct relating to the Sweepstakes in any manner or media (whether now known or hereafter devised), anywhere in the world, in
- RIGHT TO VOID / TERMINATE / SUSPEND / MODIFY: Sponsor reserves the right to terminate, suspend or modify this Sweepstakes, or these Official Rules, in whole or in part, at any time and without notice or obligation if, in Sponsor’s sole opinion, any factor interferes with its proper conduct as contemplated by these Official Rules. Without limiting the generality of the foregoing, if the Sweepstakes, or any part thereof, is not capable of running as planned for any reason, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, programming errors, or technical failures, which, in the sole opinion of Sponsor, may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor may, in its sole discretion, void any suspect entries and: (a) terminate the Sweepstakes, or any portion thereof; (b) modify or suspend the Sweepstakes, or any portion thereof, to address the impairment and then resume the Sweepstakes, or relevant portion, in a manner that best conforms to the spirit of these Official Rules; and/or (c) award the Prize from among the eligible, non-suspect entries received up to the time of the impairment in accordance with the winner selection criteria discussed
- GENERAL CONDITIONS: Winning a Prize is contingent on fulfilling all the requirements set forth herein. Mass entries, automated entries, entries submitted by third parties, and any entries or prize claims that are late, incomplete, fraudulent, illegible, unidentified or delayed are automatically void. All entries and prize claims are subject to verification. Proof of entry does not constitute proof of receipt. Entrants agree to abide by these Official Rules. Decisions of Sponsor will be final and binding on all matters pertaining to this Sweepstakes. Sweepstakes is subject to all applicable federal, state and local laws. Void where prohibited. Sponsor reserves the right to correct any typographical, printing, computer programming or operator errors. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. The invalidity or unenforceability of any provision of these Official
Rules shall not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, then the Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Should a Winner make any false statement(s) in any document referenced above, the Winner will be required to promptly return to Sponsor his/her prize, or the cash value thereof. Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process, the operation of the Sweepstakes, violates these Official Rules, or acts with intent to annoy, abuse, threaten or harass any other person. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
- LIMITATIONS OF LIABILITY AND RELEASES: BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS AGREE THAT SPONSOR, ACCO BRANDS USA, LLC, AND EACH OF THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES AND AFFILIATES AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, SUCCESSORS, ASSIGNS AND AGENTS (THE “RELEASED PARTIES”) HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS AGAINST, ANY LIABILITY FOR ANY INJURIES, CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES OF ANY KIND TO PERSONS OR PROPERTY RESULTING FROM ENTRY OR PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE. Without limiting the foregoing, the Released Parties shall not be responsible for: (a) any incomplete or inaccurate information that is caused by Entrants or Sweepstakes Website users, or by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any technical or human error which may occur in the processing of Entries in the Sweepstakes; (b) lost, interrupted, or unavailable network, server, service provider, on-line systems, telephone networks or telephone lines, or any other connections; (c) the theft, destruction, loss or unauthorized access to, or alteration of, entries; (d) any problems with, or malfunctions or failures of, telephone networks or lines, computers or computer on-line systems, servers or providers, computer equipment, software, viruses or bugs; (e) garbled transmissions or miscommunications; (f) failure of any Twitter post to be received by or from Sponsor for any reason, including but not limited to traffic congestion on the Internet or at any website or combination thereof or technical incompatibility; (g) damage to a user’s computer equipment (software or hardware) occasioned by participation or downloading of materials related to this Sweepstakes; (h) printing, distribution, programming or production errors, and any other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise; or (i) technical, pictorial, typographical or editorial errors or omissions contained herein.
- GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants or Sponsor in connection with the Sweepstakes shall be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state laws. Claims may not be resolved through any form of class action. Venue for all suits will be in federal or state courts located in Los Angeles,
- NO RESCISSION OR INJUNCTIVE RELIEF: All rights granted to Sponsor and ACCO BRANDS USA, LLC hereunder are irrevocably vested. No breach by Sponsor or any of the Released Parties of these Official Rules or any other agreement will entitle an Entrant or Winner to equitable relief, whether injunctive or otherwise, against or with respect to such party’s content or any other works
produced pursuant to the rights granted under these Official Rules or any other agreement, or the exploitation of such works.
- SOCIAL MEDIA: This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Twitter, Instagram or Facebook. By entering the Sweepstakes, participants fully release Twitter, Instagram and Facebook from any liability. By entering this Sweepstakes, each Entrant expressly acknowledges and agrees that he or she understands that his or her information is being provided to Sponsor and not to Twitter, Instagram or Facebook. The information provided will only be used in connection with this Sweepstakes and by Sponsor for contact purposes generally. As such, any questions, comments or complaints regarding the promotion shall be directed to the
- WINNERS’ LIST: A copy of the winner’s list may be obtained by sending a self-addressed stamped envelope postmarked by October 1, 2018 and received by October 10, 2018, to: “#StrengthNotStress Sweepstakes” c/o Awesomeness BP, LLC, 2701 Olympic Boulevard, Building B, Santa Monica, CA 90404, Attention: Marketing
SPONSOR: The sole Sponsor of this Sweepstakes is Awesomeness BP, LLC, 2701 Olympic Boulevard, Building B, Santa Monica, CA 90404, Attention: Marketing Department