MATERIAL ONLINE SOCIAL MEDIA CONTESTS, SWEEPSTAKES AND PRIZE GIVEAWAY OFFICIAL RULES
Material is the trade name of Volusion, LLC (the "We", "Us", "Our" and "Company").
We may occasionally conduct contests, sweepstakes, and/or other giveaways (individually and collectively, "Promotions") on social media/networking websites including, but not limited to twitter.com, facebook.com, pinterest.com, instragram.com, and youtube.com (each, a "Social Media Site"). Unless specifically noted otherwise by Us, these terms and conditions shall serve as the official rules for any such Promotion conducted by Us. By participating in a Promotion, you agree to be bound by these "Official Rules." We may update these Official Rules as We deem necessary in Our sole discretion.
Each individual Promotion will be announced via a status update, Tweet, blog post, email or other call-to-action ("Promotion Posting"). A Promotion Posting will include how to enter, the entry deadline, the drawing date (for a sweepstakes) or method of determining the winner (for a contest) and the prize(s)/value(s). We may terminate, extend, suspend or alter any Promotion in Our sole discretion.
- To participate in any Promotion conducted by Us on a Social Media Site, you must be a legal US resident living in the continental US, thirteen (13) years of age or older at the time of entry. We will disqualify any entry from individuals who do not meet the eligibility requirements, and will also delete any online entry knowingly received from persons under the age of 13 in compliance with the Children’s Online Privacy Protection Act.
- Our employees and contractors, and the employees and contractors of Our parents, affiliates, subsidiaries, sponsors and advertising agencies, and members of the immediate family of any such persons are not eligible to participate and/or win. The term “immediate family” includes spouses, domestic partners, siblings, parents, children, grandparents, grandchildren, or other family extension, and any other persons residing at the same household whether or not related.
- Void where prohibited. Entries for any Promotions that constitute sweepstakes (where the winner is chosen by a random drawing – see "Winner Selection" below) from within the states of New York, Rhode Island and Florida are void.
- No purchase necessary to participate or win. A purchase will not improve one's chance of winning.
- You must be a member of the Social Media Site on which the Promotion is being conducted to participate in the Promotion.
- Entry into any Promotion will only be via the method specified in the Promotion Posting on the Social Media Site.
- Unless otherwise specified, you may enter each Promotion once. Entries received in excess of any stated limitation will be void.
- All entries must include the information requested by Us to be eligible.
- Entries generated by script, macro or other automated means are void.
- Entries must be received by the date and time specified in each individual Promotion Posting. Late and/or subsequent entries will be disqualified. Our clock will be the official time keeper for all Promotions.
- We may resolve, in Our sole discretion, any disputes as to the identity of an entrant.
- All entries become Our property and will not be acknowledged or returned. By submitting an entry, you agree that We shall have a perpetual, irrevocable, assignable, royalty free, fully paid-up license to exploit, edit, modify, post, disseminate, create derivative works of, distribute and otherwise use the entry and all elements of such entry, including, without limitation, the names and likenesses of any persons or locations embodied therein, in any and all media now known or hereafter devised, in perpetuity without compensation or notification to, or permission from, entrant or any third party.
- Any video or photos submitted by you in a Promotion must comply with Our Acceptable Use Policy, and may not, as determined by Us in Our sole discretion, contain content that:
- appears to duplicate any other submitted entries;
- defames, misrepresents or contains disparaging remarks about other people or companies;
- contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission; contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
- contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission;
- contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;
- contains look-alikes of celebrities or other public or private figures, living or dead;
- communicates messages or images inconsistent with the positive images and/or good will with which We wish to associate; and/or
- violates any law.
- We may disqualify any entry for any reason, including if We determine that the entry fails to confirm to these Official Rules in any way or otherwise contains unacceptable content. We are under no obligation to disclose why an entry has been disqualified.
- If you do not wish to participate in Social Media Promotions, send a direct message to Us via facebook.com or twitter.com including your social media username(s) to withdraw your name, or send Us an email at email@example.com.
- FOR SWEEPSTAKES: Potential winners of a Promotion will be chosen in a random drawing conducted by Us from among all eligible entries received for the applicable Promotion on or about the date set forth in the Promotion Posting. Odds of winning a particular Promotion will depend on the number of eligible entries received for such Promotion. If a prospective prizewinner is found ineligible or fails to comply with these official rules, his or her claim to a prize is forfeited and an alternate entry will be randomly selected.
- FOR CONTESTS: In the event winners of a Promotion are judged based on the "best" submitted story, photo, video, essay, message or other similar type of submission ("Submissions"), a panel of qualified judges will judge each Submission based equally on the originality, creativity, and relevance to the theme of the Promotion. If alternate criteria are provided in the Promotion Posting, such criteria shall apply. The Submission with the highest score will be deemed the potential winner(s) for the contest at issue. In the event of a tie, an additional, "tie-breaking" judge will determine the potential winner(s) based on the same criteria used by the original panel of judges. All Submissions must be original unpublished works created by the individual entering such Submission, and must not contain any third party material unless permission to use such material(s) has been granted by such third party. We reserve the right not to award all prizes in any contest if, in Our sole discretion, We do not receive a sufficient number of eligible and qualified entries for that contest.
- The number and approximate retail value of prizes awarded in any Promotion will vary and will be set forth in the Promotion Posting.
- Prizes cannot be redeemed for cash or resold for any consideration.
- Only one prize per person, household, email address and/or username will be allowed in any ninety (90) day period.
- One of Our representatives will notify winners by message via the social media platform on which the entry was submitted, and/or via e-mail and/or telephone, depending on the information provided at the time of entry. If a winner does not respond within 5 days or chooses not to accept the prize, the prize will be forfeited and an alternate winner may be selected at Our discretion. We are not responsible and will not be liable for an unsuccessful attempt to notify the winner.
- The determination of eligibility and winners and all other interpretations of these rules will be within Our sole discretion. We reserve the right to change the Promotion rules or duration, or terminate the Promotion at any time.
- We are not responsible for any problems experienced with telephones, telephone lines, email transmissions, Internet connectivity, Internet access, Web servers or any unforeseen circumstances that do not allow connectivity to Social Media Sites or the material.com website or any section within the website.
- Prizes will not be replaced if lost or stolen and are not transferrable. All Federal, state and local taxes are the responsibility of the winner.
- Prizes are awarded "as is" with no warranty or guarantee, either express or implied. Prizes may not be substituted, transferred, assigned or redeemed for cash except at Our sole discretion.
- We reserve the right, in Our sole discretion, to substitute a prize (or portion thereof) with one of comparable or greater value.
- The winner will be required to complete and submit an IRS Form W-9 with the winner’s full Social Security Number or the equivalent for receipt of any prize valued at $600 or more or for any prizes awarded by Us in a calendar year with an aggregate value of $600 or more. Failure to submit a complete W-9 or equivalent will result in forfeiture of the prize.
- Our decisions concerning selection of winners, as well as all other matters relating to any Promotion, are final and binding.
- Except where prohibited by law or regulation, by entering and/or accepting a prize you grant Us permission to use your name, username/online alias, likeness, and public social media statements for any purpose in reference to a Promotion without additional compensation, consideration or consent.
- Personal information provided in conjunction with this giveaway/drawing will be kept only as long as required by law. An individual’s enrollment information will not be sold, rented or given to any other third party.
- As permitted by applicable laws and regulations, you may obtain a list of winners by sending a self-addressed stamped envelope to Volusion, LLC, Attn: Legal Dept., 1835-A Kramer Lane, Suite 100, Austin, Texas 78758. Requests for winners' lists must be received within 60 days of the applicable Promotion’s drawing.
- No Promotions are in any way sponsored, endorsed or administered by, or associated with any Social Media Site utilized by the Promotion.
- All Promotions are governed by Texas law. All applicable Federal, state and local laws apply.
- By participating in Promotion, you (A) agree to release and hold harmless Us and Our parents, affiliates, subsidiaries, directors, officers, agents, employees, managers, representatives, legal advisors, advertising and promotion agencies, and any and all other companies associated with the Promotion, and all of their respective shareholders, members, officers, directors, employees, agents and representatives (collectively, the "Promotion Entities"), from any and all liability for any claims, causes, costs, injuries, losses or damages of any kind that may occur, directly or indirectly, in whole or in part, arising out of their participation in a Promotion or receipt or use of any prizes, and (B) acknowledge that none of the Promotion Entities or anyone else has either made, or is in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to any prize including, but not limited to, its quality or availability and ALL SUCH WARRANTIES ARE DISCLAIMED IN THEIR ENTIRETY.
- Your further agree that in any cause of action, subject to the other limitations on liability stated herein, the Promotion Entities’ liability will be limited to the cost of entering and participating in the Promotion, and in no event shall the Promotion Entities be liable for attorney’s fees. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
- Except where prohibited, by participating in a Promotion, you agree that: all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of you and the Promotion Entities shall be governed by and construed exclusively in accordance with the laws of the State of Texas without giving effect to any principles of conflicts of law of any jurisdiction. You agree that any action at law or in equity arising out of or relating to a Promotion, or awarding of the prizes, shall be filed only in the state or federal courts located in Austin, Texas and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.