NO PURCHASE OR PAYMENT NECESSARY TO WIN
The My Best Apex Photo Contest Official Rules
This is a skills based contest
This contest is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or Twitter. Entrants understand they are providing information to the administrators of the contest and not to Facebook, Instagram or Twitter.
1. Agreement to Official Rules.
By participating in this Design Contest (“Contest”), Entrants agree to these Official Rules, which are a contract, so read them carefully before entering. To the extent permitted by law, this contract includes a limitation of Entrant's rights and remedies. Entrant also agrees that its participation in this Contest is subject to compliance with the BLIPSHIFT Terms of Service located at https://www.blipshift.com/pages/terms-and-conditions. Sponsor reserves the right to make reasonable amendments to these Official Rules and the BLIPSHIFT Terms of Service at any time, to qualify and verify all entries, and to reject any entries that do not meet the requirements for participation as established by Sponsor. All decisions made by Sponsor and/or its judging Panel (defined below) concerning this Contest shall be final and binding on all Entrants, in all respects. Each potential Prize Winner (defined below) will be required to participate in the prize fulfillment process and sign documentation, such as a release, within the timeframe specified by Sponsor, as more fully detailed below.
This Contest is open to US residents age eighteen (18) or older as of the date of entry, who have an active e-mail, Facebook, Instagram or Twitter account. Employees, directors, and/or officers (including immediate family members or members of the household) of blipshift (“Sponsor”), their subsidiaries, affiliated companies, distributors, advertising, fulfillment and promotion agencies and all other companies or entities associated with the Contest are not eligible to participate. Contest is void where prohibited or restricted by law. Participation constitutes entrant's full and unconditional agreement and acceptance of these Official Rules ("Official Rules") which shall be final in all respects.
3. How to Enter.
a. To enter the Contest, entrant must submit a photo that is related to the Contest theme. Eligible photos should show entrant's interpretation of their best apex. Entrant may submit their entries using one of the following methods:
b. The Contest begins on March 31, 2017 at 10:00 AM Eastern Time ("ET") and ends on April 5 at 11:59 AM Eastern Time ("ET") (the "Contest Period"). The Contest voting begins on April 5, 2017 at 10:00 AM Eastern Time ("ET") and ends on April 5, 2017 at 11:59 PM Eastern Time ("ET") (the "Contest Voting Period"). One (1) entry per day is permitted per entry method. If additional entries are submitted, only the first entry per day per entry method will be eligible for the Contest.
c. Each entry must be original and created by the entrant. By entering the Contest, entrant represents, acknowledges, and warrants that the submitted design is an original work and that the entry does not incorporate or include anything that violates any law or the copyright, trademark, publicity right, privacy right or any other right of any third party.
d. Entries may not contain any material which may be deemed defamatory, harasses or threatens others.
e. Entries may not include any material that is patently offensive, including blatant expressions of bigotry, racism, abusiveness, vulgarity or profanity.
f. The Contest winner(s) retains all rights to any submissions-including ownership if applicable-other than those rights licensed in the next sentence. By entering this Contest, the Contest winner(s) hereby grant Sponsor an exclusive, worldwide, irrevocable, royalty-free license to reproduce, distribute, publicly display and adapt into design their submission.
4. Selection of the Winners.
a. Each entry submitted as described in Section 2 must be approved for posting on the Contest website by a member of the Sponsor's judging panel. Entries may be approved or rejected based on suitability for the Contest at Sponsor's sole discretion. Only those entries that are approved for posting will be deemed eligible to win the Contest.
b. The entry with the highest number of votes will be deemed the winner and awarded the grand prize.
c. For purposes of this Contest, a "vote" means a vote cast on the Contest website, by a "unique voter." A "unique voter" is an individual person: (a) who has registered a valid Facebook account according to the Facebook Terms of Service and (b) has unique registration information that is not duplicative of another voter's information. A unique voter may vote no more than once per day for a unique entry. In addition, if the Sponsors determine, in their sole discretion, that an abuse of the "unique voter" rule has occurred, blipshift may disqualify votes cast by such voters or entrants, including if more than five (5) of such voters or entrants registered from the same computer "IP address" in the Contest Voting Period.
d. In the event of a voting tie, the earliest submitted entry during the Contest Period will be awarded the grand prize.
e. Judging panel will be comprised of representatives from the Sponsor.
f. All decisions made by the judging panel are final.
5. Notification of Winners.
Winners will be notified by one of the following methods:
a. If entry via Facebook: Winners will be notified by email using the email address submitted with the Contest entry.
b. If entry via Instagram: Winners will be notified via comment by the account "@blipshift" on the winning entry in Instagram.
c. If entry via Twitter: Winners will be notified via twitter reply by the account "@blipshift" on the winning entry submitted by tweet.
d. Winners will be notified within five (5) business days of the judging, and may be required to sign and return an affidavit of eligibility and publicity/liability release within seven (7) days of notification.
e. Prizes won by minors will be awarded to the parents or legal guardians, who must sign all required affidavits and releases. If a selected winner cannot be contacted, is ineligible, fails to claim a prize and/or where applicable an affidavit of eligibility and publicity/liability release is not timely received, is incomplete or modified, the prize may be forfeited and an alternate winner selected from remaining valid, eligible entries timely submitted. In the event of a dispute regarding who submitted an entry, the entry will be deemed submitted by the authorized account holder of the Facebook, Instagram or Twitter account specified in the entry. "Authorized account holder" is defined as the natural person who is assigned to an account by Instagram.
a. One (1) grand prize winner will receive one "The Whole Shirtbang" t-shirt set. "The Whole Shirtbang" t-shirt set includes one copy of each of the twenty-five (25) designs sold during the Apex Everything sale at blipshift.com from April 6 at 11:59 AM EST to April 9 at 11:39 PM EST. The grand prize winner may select one t-shirt variant type and size for all t-shirts in the grand prize. Eligible apparel variants include Men's Fitted, Men's Heavy Duty, Women's Tanks, Women's Tees and Youth Tees. Maximum Grand Prize Retail Value: $400.
b. Prizes are non-transferable. No cash redemption or substitution will be allowed, except at Sponsor's discretion. If the prize is unavailable, Sponsor reserves the right to substitute a prize of equal or greater value. Sponsor also reserves the right to cancel or modify the Contest or these Official Rules if any factor beyond Sponsor's reasonable control impairs the integrity of this Contest, as determined by Sponsor, in its sole discretion. By participating, where allowed by law, entrant grants Sponsor the worldwide right to publish, broadcast and use in any media, including the World Wide Web, entrant's submission, photo, name, picture, and likeness, without limitation, for commercial, promotional and advertising purposes without additional compensation.
c. All prizes are provided solely by Sponsor.
d. Prize(s) do not include any reimbursement of travel expenses related to awarding or usage of prize(s).
e. All taxes and duties, if any, on Prizes are the sole responsibility of the applicable Prize Winner. All expenses associated or in any way related to Prize acceptance or use that are not specified as being included in a Prize, including but not limited to airport or ground transportation, meals, beverages, gratuities, taxes, gifts, travel insurance, baggage fees charged by the applicable airlines, in-room charges and all other ancillary costs, are excluded and are the sole responsibility of the applicable Prize Winner.
a. By participating in this Contest, entrant (and if entrant is a minor, entrant's parents or legal guardians) accepts all risk and consequences of entry and participation in this Contest, and agrees to release and hold Sponsor, their officers, directors, affiliates, employees, contractors, subsidiaries, agents and partners harmless from any and all consequences, liability, losses, damages (including without limitation, consequential, punitive, incidental, special or increased damages and those related to personal injury, death or damage to property) and costs and expenses, of any kind, under any legal theory, arising from or related to this Contest, including but limited to entrant's entry and participation in this Contest, the acceptance and/or use (or misuse) of any prize, printing errors, any claims based upon rights of publicity and invasion of privacy. Entrant shall indemnify Sponsor, their officers, directors, affiliates, contractors, subsidiaries, agents, employees and partners from and against all claims or suits and any damages or costs (including reasonable attorneys' fees) arising from or relating to entrant's violation or inaccuracy of any warranties or representations made relating to this Contest. Sponsor assumes no responsibility for errors which may occur in the transmission of entrant's entry. Sponsor is not responsible for any fraud or misconduct on the part of the entrants. Should an entrant engage in fraud or misconduct of any nature, including but not limited to a violation of the Official Rules, such entrant shall be subject to immediate disqualification.
b. The Internal Revenue Service requires Form 1099-MISC to be issued and filed for each recipient who received a prize/award if the annual aggregate is at least $600 or more. The recipient is responsible for any income tax liability and should consult his/her tax adviser for the proper tax treatment of this income on his/her tax return.
If at any time any provision of these Official Rules is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect the legality, validity or enforceability in that jurisdiction of any other provision of these Official Rules nor the legality, validity or enforceability of these Official Rules (including the provision in question) in any other jurisdiction.
10. Trade Secrets and Other Confidential Information.
Entrants should not share any trade secrets or inventions in participating in this Contest as Sponsor will not treat any information provided in the Contest as confidential.
These terms and conditions shall be governed by, construed, and enforced in accordance with the laws of the State of New York. Entrant agrees and consents to submit to the exclusive jurisdiction of the courts of the State of New York for any and all claims arising from or related to this Contest. Entrant agrees that all claims relating to this Contest shall be resolved individually, without resort to any form of class action.
12. Entire Agreement.
These terms set forth the entire agreement between the parties and supersede all prior agreements and understandings, whether oral or written.
13. Winner's List, Official Rules.
For a list of the Contest winners available at least seven (7) days after the end of the Contest Period send your request and a stamped, self-addressed envelope to: Blipshift, The My Best Apex Photo Contest Winners, 39-13 23rd St., 2nd Fl., Long Island City, NY, 11101.
The Sponsor of this Contest is Wuzzy Wheels Inc., dba BLIPSHIFT, 39-13 23rd St., 2nd Fl., Long Island City, NY, 11101.