|Summer Lovin' Lyrics Contest|
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Sponsor[s]: Ingenio, LLC ("Ingenio"), 182 Howard Street #826, San Francisco, CA 94105.
2. Eligibility: The Summer Lovin' Lyrics Contest (the "Contest") is open to persons who are at least eighteen (18) years of age or older at the time of entry and who are legal residents of Australia, Austria, Bahrain, Canada, Chile, Curacao, Denmark, Finland, France, Germany, Iceland, India, Ireland, Italy, Japan, South Korea, Luxembourg, Mexico, Netherlands, New Zealand, Norway, Sweden, Taiwan, or the United States or District of Columbia. Taiwan, have Internet access during the Contest Period, and are registered users of Keen ("Keen"). Employees, officers and directors of Ingenio, and any parent companies, divisions, subsidiaries, affiliates, prize suppliers, or advertising and promotion agencies, and anyone working directly for Keen or Ingenio (collectively, the "Prohibited Entrants"), and the immediate family users (spouse, parents, children and siblings, and their respective spouses regardless of where they live) and individuals living in the households of the Prohibited Entrants, whether related or not, are not eligible to enter the Contest. The Contest is void where prohibited or restricted by law. The Contest is subject to all applicable federal, state, and local laws and regulations.
3. Contest Period: The Contest begins at 7:00:00 a.m. Pacific Standard Time (PST) on Monday, June 20th, 2016 and ends at 6:59:59 a.m. PST on Friday, July 1st, 2016 (the "Contest Period"). Ingenio's time clock is the official clock for this Contest.
4. How to Enter: To enter, each entrant ("Entrant") must: (1) be a registered user of Keen; and (2) post a comment describing your favorite romantic song lyrics and a description about how they are meaningful to you, in compliance with (a) the Content Restrictions in section 9 below. To become a registered user of Keen, individuals must register for an account at www.keen.com and agree to Keen's User Agreement, located at https://help.keen.com/hc/en-us/articles/360060613353-Keen-User-Agreement. By fully completing and submitting all required information as directed, Entrant will be entered in the Contest (the "Entry"). Any attempted form of entry other than as described herein is void. Limit: Only one (1) Entry per person during the Contest Period. In case of multiple Entries received from any person or Keen account, only the first Entry received from such person or account will be considered.
5. Judging: One (1) or more representatives of Ingenio (the "Judges") will select the most compelling Entry based upon the Judging Criteria (defined below) and in accordance with these Official Rules to determine the Winner[s] (defined below). The Judges will judge all eligible Entries based on the following criteria: Originality (50%), Creativity (50%) (the "Judging Criteria"). On July 4th, 2016, the three (3) Entries, as determined by the Judges in their sole discretion, will be deemed the winning Entries (each a "Winning Entry"). In the event of a tie for any potential Winning Entry, the score for creativity will be used as the tiebreaker. Subject to verification of eligibility and compliance with the terms of these Official Rules, each eligible Entrant that submits a Winning Entry will be a winner of the Contest (each a "Winner").
6. Prize[s]: One (1) Prize will be awarded to the Winners. Prize consists of:
Limit: One (1) prize per person during the Contest Period.
7. Additional Prize Conditions: It is expressly understood that Ingenio is under no obligation to any Winner other than as expressly set forth herein. The right to receive a Prize is non-assignable, non-transferable and there will be no prize substitution or cash equivalent given for any Prize, except Ingenio reserves the right to substitute a prize (or any portion thereof) with one of equal or greater value, at Ingenio's sole discretion. Each Winner is solely responsible for all federal, state and local taxes and fees associated with the Prize acceptance. Should federal, state or local law impose any tax reporting or filing obligations on Ingenio arising out of the Winner's participation in the Contest (including the Winner's receipt of and/or use of any Prize), the Winner agrees to timely provide Ingenio with any information that is reasonably needed for Ingenio to comply with any such reporting or filing obligations. Terms and conditions of Prize will be furnished with prize notification. Ingenio reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Contest.
8. Publication, License and Release: By entering the Contest and submitting an Entry, each Entrant: (a) agrees that the Entry is an original work of authorship and that Entrant owns all right, title and interest in the Entry as of the date of submission or has all necessary rights and authorizations to submit it and the express permission of all individuals, content and materials embodied in the Entry to submit it for possible use as provided herein; (b) agrees that the Entry does not violate the Keen Terms of Service or Community Standards or infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (c) grants to Ingenio and its designees a non-exclusive, perpetual and unlimited right and license to use, sublicense, edit, modify, duplicate and/or create derivative works from the Entry throughout the world, including, but not limited to, the right to publish, display, broadcast, distribute, reproduce, perform, create derivative works from and otherwise use and exploit the Entry via the Internet or any other interactive media, on television, in print and/or any other media currently existing and hereafter developed and without limitation and without payment of any compensation to Entrant or Entrant's heirs and successors for any lawful purpose; and (d) releases, in perpetuity, the Released Parties from any claims, demands, losses and liabilities of any nature arising out of or in any way connected with the Entry, and the use thereof as permitted hereunder, including, but not limited to, claims of false endorsement or infringement of rights of publicity or privacy. Nothing herein will obligate Ingenio to make any use of any of the rights set forth herein.
9. Content Restrictions: Entries must comply with the Keen User Agreement, located at https://help.keen.com/hc/en-us/articles/360060613353-Keen-User-Agreement. Additionally, Entrants must not include any of the following content (the "Content Restrictions") in any Entry: (i) pornography, adult-oriented content or any other sexually-explicit material; (ii) materials relating to lotteries or gambling; (iii) explicit language or content, images of violence, or promotion of illegal activities; (iv) content in violation of intellectual property rights or laws; (v) libelous, defamatory, disparaging, tortuous or slanderous materials; (vi) content that denigrates, disparages or reflects negatively on Ingenio or Facebook; (vii) tobacco, alcohol or drugs; (viii) dangerous stunts; (ix) real weapons of any kind including, but not limited to, guns, knives or projectiles; (x) material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or any other basis protected by federal, state, or local law, ordinance, or regulation; (xi) individuals under legal age of majority without providing a signed release from parent or legal guardian; (xii) audio and/or visual content owned by any third party (e.g., recorded music; pre-produced video, etc.); and (xiii) material that is unlawful, or otherwise in violation of or contrary to the laws or regulations in any state where the Entry is created. Any Entry that does not comply with the Keen User Agreement and the Content Restrictions above will be disqualified and eliminated from consideration.
10. Winner Notification:
A. Ingenio will notify each Entrant who submitted a Winning Entry (each a "Potential Winner") by e-mail and (the "Prize Notification") and will be required to privately (through e-mail or other secure, private means) provide Potential Winner's name, address, age and other personal information necessary to receive the Prize. In the event that any Potential Winner does not respond to the Prize Notification within ten (10) business days, a disqualification and Prize forfeiture will result and an alternate Potential Winner shall be chosen from among all remaining eligible Entries based upon the judging criteria set forth in [section 5] above.
B. Each Potential Winner shall be required to complete, sign and return to Ingenio the following documents (the "Acceptance Documents"):
C. Potential Winner must execute and return all Acceptance Documents within five (5) business days from the date of the applicable Prize Notification. If Potential Winner fails to timely execute and return any Acceptance Documents, is found to be ineligible or not in compliance with these Official Rules, declines to accept the Prize, cannot be contacted by Ingenio, or in the event that the Prize or Prize Notification is returned undeliverable, the Potential Winner will forfeit the Prize, and Ingenio shall select an alternate Potential Winner from among all remaining eligible Entries based upon the judging criteria set forth in [section 5] above.
11. Agreement to Official Rules, Limitation of Liability, and Indemnification: By participating in the Contest, each Entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of Ingenio, which are final and binding. Furthermore, each Entrant agrees to release, indemnify, defend, and hold harmless Ingenio, Keen, and their respective parent companies, subsidiaries, affiliates, prize suppliers, and advertising and promotion agencies and all their affiliates, and each of their respective agents, representatives, officers, directors, shareholders and employees (collectively, the "Released Parties") from and against any and all lawsuits, judgments, losses, damages, claims, actions, costs and expenses (including, without limitation, reasonable attorneys' fees) and any liability of any kind resulting from, arising from, or related to any injury, damage or loss that may occur, directly or indirectly, in whole or in part, from the participation in the Contest or from the receipt or use of the Prize (or any portion thereof) or any travel or activity related to the receipt or use of the Prize (or any portion thereof), including, without limitation, any personal injury, death or damage to persons or property. Released Parties make no warranties, express or implied, relative to the use or enjoyment of the Prize or portions thereof.
THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE, WHETHER TO ENTRANT OR TO ANY OTHER PERSON OR TO ANY PROPERTY, RELATED TO OR RESULTING FROM ENTRANT'S PARTICIPATION IN THE CONTEST, AND/OR ACCEPTANCE OF ANY PRIZE OR USE OF THE PRIZE. BY PARTICIPATING IN THE CONTEST, ENTRANT EXPRESSLY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR ENTRANT'S PARTICIPATION AND AGREES THAT PARTICIPATION IS SOLELY AT ENTRANT'S OWN RISK.
Entrants are solely responsible for Internet connectivity, software and/or hardware that may be required in order to create and/or submit any Entry. Released Parties assume no responsibility for Entries that are lost, stolen, late, misdirected, undelivered, garbled, damaged, incomplete, illegible, incorrect, inaccurate, or postage-due; or for any other error of any kind, whether computer, technical, printing, typographical, human or other, relating to or in connection with the Contest, including, without limitation, errors which may occur in connection with the administration of the Contest, the processing of Entries, the tabulation of scores, the announcement of the Prize or in any Contest-related materials. The use of automated devices or any other devices intended to automate or subvert any aspect of participation to enter is prohibited. Entries that are incomplete, illegible or corrupted are void and will not be accepted. Any Entries found suspect will be deemed void.
CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR TO UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, THE GIANTS WILL DISQUALIFY ANY SUCH ENTRANT, AND THE GIANTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS' FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
If in Ingenio's opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Contest, Ingenio reserves the right, at Ingenio's sole discretion, to disqualify any individual who tampers with the entry process and or void any Entries submitted fraudulently, to modify or suspend the Contest, or to terminate the Contest and conduct a separate selection of the Winning Entry using all eligible non-suspect Entries received as of the termination date. As a condition of entering the Contest, Entrants agree that: (a) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental, special, exemplary, consequential, or any other damages; (b) all causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; and (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees.
12. Choice of Law: The Contest and these Official Rules shall be governed by, construed and interpreted in accordance with the laws of the State of California, U.S.A., applicable to contracts entered into and performed exclusively in that State. Venue with respect to any disputes that arise hereunder shall be had in the state and federal courts of San Francisco City and County, California.
13. Publicity Rights: By accepting a Prize, each Winner agrees to allow Ingenio, Keen, and their designees the perpetual right to use each Winner's name, biographical information, photos, likeness, and statements for promotion, trade, commercial, advertising and publicity purposes, worldwide in all media now known or hereafter developed, including, but not limited, to radio, television, and the Internet, without notice, review or approval and without additional compensation, except where prohibited by law.
15. Winners List and Official Rules: To request a list of the names of the Winners (available after September 1st, 2016) or a copy of the Official Rules, mail a self-addressed, stamped envelope to "Ingenio, LLC, Attn: Summer Lovin' Lyrics Contest, 182 Howard Street #826, San Francisco, CA 94105," and write, as applicable, "Winners List" or "Official Rules" on the lower left-hand corner of the envelope. Requests must be received no later than December 1st, 2016. Requests will be fulfilled when the drawings have been conducted and Winners have been verified.
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