TAG YOUR FAVORITE FESTIVAL BUDDY CONTEST
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. VALID IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY. ENTRY IN THIS CONTEST CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES.
The Tag Your Favorite Festival Buddy (the “Contest”) is a contest created to promote the event Lights All Night and provide a chance for its fans (“Entrants” or “you”) to win tickets. Judges will choose the winning entries, and prizes will be awarded in accordance with these Official Rules (the “Rules”).
- BINDING AGREEMENT: In order to enter the Contest, you must agree to these Rules. Therefore, please carefully read these Rules before submitting your entry. You agree that submission of an entry in the Contest constitutes agreement to these Rules. You may not submit an entry in the Contest and are not eligible to receive the prizes described in these Rules unless you agree to these Rules. These Rules form a binding legal agreement between you and Tixr with respect to the Contest.
- ELIGIBILITY: To be eligible to enter the Contest, Entrant and Festival Buddy must each: (a) be a U.S. citizen or permanent U.S. legal resident (i.e. must be able to show proof of legal permanent residence, for example, a “green card”); (d) be at least eighteen (18) years of age (or the age of majority in their jurisdiction of residence, whichever is older); and (e) have an active Facebook account. Contest is void in Puerto Rico, U.S. territories and possessions, outside of the U.S., where registration of this Contest is required by law and where prohibited by law. Employees of TIXR and members of their immediate families (parents, siblings, children, spouses, and life partners of each, regardless of where they live) and members of their households (whether related or not) are ineligible to participate in this Contest.
- SPONSOR: The Contest is sponsored by TIXR, Inc (“TIXR” or “Sponsor”), with its principal place of business at 1334 3rd St. Ste. 302, Santa Monica, CA, USA.
- CONTEST PERIOD: The Contest begins on Wednesday, November 15, 2017 at 12:00:00 P.M. Pacific Standard Time (PST) Zone in the United States and ends on Wednesday, November 29, 2017 at 11:59:00 P.M. PST (“Contest Period”). All dates are subject to change. Entries will only be accepted during the Entry Period.
- HOW TO ENTER: NO PURCHASE NECESSARY TO ENTER OR WIN. Information about the Contest is available at: https://www.facebook.com/loveyourticket/ or https://www.instagram.com/tixr_/ (the “Contest Sites”) during the Contest Period. To enter the Contest, during the Contest Period: (a) LIKE the “Tag Your Favorite Festival Buddy Contest” on TIXR’s Facebook page located at: https://www.facebook.com/loveyourticket/; and (b) tag your Festival Buddy in that Facebook post and describe why you want that person to be your Festival Buddy (“Supporting Statement”). LIMIT ONE (1) ENTRY PER PERSON. Subsequent entries for the same person will be disqualified. Machine or computer-generated mass entries will be disqualified. Any submission not meeting the aforementioned criteria will be disqualified.TIXR nor Lights All Night accepts any responsibility for submissions lost, delayed, damaged, defaced, or mislaid, howsoever caused. Proof of submission does not constitute proof of entry. All entries will be deemed made by the Entrant at the time of posting on Facebook and/or Instagram.
- SUPPORTING STATEMENT REQUIREMENTS. The Supporting Statement and any other posts on the Contest Sites made by Entrant or Festival Buddy must meet the following criteria (“Supporting Statement Requirements”): (a) they must not be derogatory, offensive, threatening, defamatory, disparaging, libelous or contain any content that is inappropriate, indecent, sexual, profane, tortuous, slanderous, discriminatory in any way, or that promotes hatred or harm against any group or person, or otherwise does not comply with the theme and spirit of the Contest; (b) they must not contain content, material or any element that is unlawful, or otherwise in violation of or contrary to all applicable federal, state, or local laws and regulation including the laws or regulations in any state where the Supporting Statement are created; (c) they must not contain any content, material or element that displays any third party advertising, copyrighted material, slogan, logo, trademark or otherwise indicates a sponsorship or endorsement by a third party, commercial entity or that is not within the spirit of the Contest, as determined by Sponsor, in its sole discretion; (d) they must be original, unpublished works that do not contain, incorporate or otherwise use any content, material or element that is owned by a third party; (e) they cannot contain any content, element, or material that violates a third party’s publicity, privacy or intellectual property rights; (f) the Supporting Statement are not the subject of any actual or threatened litigation or claim; (g) they do not include any disparaging remarks relating to TIXR or any third party; (h) in order to submit a Supporting Statement, you must have written permission from your Festival Buddy, authorizing you to enter them in the Contest. During the Contest Period TIXR and/or its agents will evaluate the Supporting Statement to ensure that they meet the Supporting Statement Requirements. TIXR reserves the right, in its sole discretion, to disqualify any Entrant and/or Festival Buddy who submits a Supporting Statement or post that does not meet the Supporting Statement Requirements. Incomplete entries or entries not complying with these Rules are subject to disqualification.
- JUDGING: Each contest entry and accompanying Supporting Statement will be evaluated and scored based on the following “Criteria”: (i) Communication of the Contest theme in the Supporting Statement; (ii) Adherence to the Supporting Statement Requirements and these Rules. Using the Criteria, a panel of TIXR employees will then select one (1) winner. No “group submissions” will be considered.
Tie-breaker: In the event of a tie, the judges will reevaluate the tied Supporting Statements according to the Criteria until the tie is broken. The tied Supporting Statements will be put up for a re-vote amongst the judges until the tie is broken.
Notification of Winners: The contest winner will be announced on December 6, 2017, on the TIXR Facebook and Instagram page. Winning is subject to validation and verification of eligibility and compliance with all the terms and conditions set forth in these Rules. If a potential winner is disqualified for any reason, the entrant that received the next highest total score will be chosen as the potential winner. The potential winner will be selected and notified through Facebook or Instagram. If a potential winner does not respond to the notification attempt within two (2) days from the first notification attempt, then such potential winner may be disqualified and an alternate potential winner will be selected from among all eligible entries received based on the judging Criteria described herein. Except where prohibited by law, each potential winner may be required to sign and return an Affidavit of Eligibility and Liability and Publicity Release and provide any additional information that may be required by Sponsor. If required, potential winners must return all such required documents via email (or as otherwise instructed) within forty-eight (48) hours following attempted notification or such potential winner will be deemed to have forfeited the prize and another potential winner may be selected based on the judging Criteria described herein. All notification requirements, as well as other requirements within these Rules, will be strictly enforced. Decisions of the judges are final and binding. In the event there are not enough eligible entries, not all prizes will be awarded. If a potential winner is unable for whatever reason to accept his or her prize or perform aforementioned duties expected of the winner, then TIXR reserves the right to award the prize to another entrant.
- PRIZES: Your odds of winning a prize will depend on the number of eligible entries received . Contest winners (both Entrant and Festival Buddy tagged in Entrant’s post) will EACH receive:
1 “2-Day General Admission” ticket to Lights All Night at Dallas Market Hall, Dallas, TX on December 29, 2017
Total Retail Value: $259.98
No transfer, substitution or cash equivalent for prizes is allowed, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize, in whole or in part, of equal or greater monetary value if a prize cannot be awarded, in whole or in part, as described for any reason. Value is subject to market conditions, which can fluctuate and any difference between actual market value and actual retail value will not be awarded. The prize(s) may be subject to restrictions and/or licenses. The winner shall bear all responsibility for use of the prize(s) in compliance with any conditions imposed by Sponsor, and any additional costs associated with its use. Sponsor has not made and is not responsible in any manner for any warranties, representations, or guarantees, express or implied, in fact or law, relating to the prize(s), regarding the use, value or enjoyment of the prize(s), including, without limitation, prize(s) quality, condition, merchantability, or fitness for a particular purpose.
- TAXES: AWARDS OF PRIZES TO POTENTIAL WINNERS ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO TIXR ALL DOCUMENTATION REQUESTED BY TIXR TO PERMIT IT TO COMPLY WITH ALL APPLICABLE STATE, FEDERAL AND LOCAL TAX REPORTING. ALL PRIZES WILL BE NET OF ANY TAXES TIXR IS REQUIRED BY LAW TO WITHHOLD. TO THE EXTENT PERMITTED BY LAW, ALL TAXES IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNERS. In order to receive a prize, potential winners must submit tax documentation requested by TIXR or otherwise required by applicable law, to TIXR or a representative for TIXR or the relevant tax authority, all as determined by applicable law. The potential winners are responsible for ensuring that they comply with all the applicable tax laws and filing requirements. If a potential winner fails to provide such documentation or comply with such laws, the prize may be forfeited and TIXR may, in its sole discretion, select an alternate potential winner.
- GENERAL CONDITIONS: All federal, state and local laws and regulations apply. TIXR reserves the right to disqualify any Entrant and/or Festival Buddy from the Contest if, in TIXR’S sole discretion, it reasonably believes that the Entrant and/or Festival Buddy has attempted to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other entrants, TIXR, or the Judges.
- INTELLECTUAL PROPERTY RIGHTS: As between TIXR and the Entrant, the Entrant retains ownership of all intellectual property rights (including moral rights) in and to the Supporting Statement (excluding TIXR’S rights in any TIXR copyrights and/or trademarks included in the Supporting Statement). As a condition of entry, Entrant and Festival Buddy grant TIXR a perpetual, irrevocable, worldwide, transferable, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, publish, distribute, publicly perform, create a derivative work from, and publicly display the Supporting Statement for any purpose, including without limitation, display on the TIXR, Facebook and Instagram websites, without any attribution or compensation to Entrant or Festival Buddy. Entries will not be returned.
- By entering the Contest, Entrant and Festival Buddy agree to participate in any media or promotional activity resulting from the Contest as reasonably requested by TIXR, at TIXR’S expense and agree and consent to use of their names and/or likenesses by TIXR. TIXR will contact Entrant and Festival Buddy in advance of any TIXR-sponsored media request for interviews. The Supporting Statements may also be used for press and media purposes and Entrant agrees to waive any rights and not assert any intellectual property rights that Entrant has or may have in the Supporting Statement. TIXR reserves the right to publish the name and likeness of the Winner on the Contest Sites or through other media for publicity purposes.
- WARRANTY AND INDEMNITY: Entrants warrant that their Supporting Statements are their own original work and, as such, they are the sole and exclusive owner and rights holder of the submitted Supporting Statement and that they have the right to submit the Supporting Statement in the Contest and grant all required licenses. Each Entrant agrees not to submit any Supporting Statement that: (a) infringes any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, trade names, industrial designs, patent, trade secret, privacy, publicity or confidentiality obligations; or (b) otherwise violates applicable state, federal, or local law.
To the maximum extent permitted by law, Entrant and Festival Buddy each indemnifies and agrees to keep indemnified Sponsor and Lights All Night, and their respective parents, subsidiaries, affiliates, and advertising and promotion agencies and each of their respective officers, directors, employees, and agents (collectively, the “Indemnified Parties”), at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Entrant and/or Festival Buddy, and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, Entrant and Festival Buddy agree to defend, indemnify and hold harmless the Indemnified Parties from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or accruing from: (i) any Supporting Statement or other material uploaded or otherwise provided by Entrant and/or Festival Buddy that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy; (ii) any misrepresentation made by Entrant and/or Festival Buddy in connection with the Contest; (iii) any non-compliance by Entrant and/or Festival Buddy with these Rules; (iv) claims brought by persons or entities other than the parties to these Rules arising from or related to Entrant’s and/or Festival Buddy’s involvement with the Contest; (v) acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in the Contest; (vi) any malfunction or other problem with the Contest Sites in relation to the entry and participation in the Contest by Entrant and/or Festival Buddy; (vii) any error in the collection, processing, or retention of entry or voting information in relation to the entry and participation in the Contest by Entrant and/or Festival Buddy; or (viii) any typographical or other error in the printing, offering or announcement of any prize or winners in relation to the entry and participation in the Contest by Entrant and/or Festival Buddy.
- Any false information provided by Entrant and/or Festival Buddy may result in the immediate elimination of the Entrant and Festival Buddy from the Contest.
- INTERNET AND DISCLAIMER. TIXR, Lights All Night and their respective parents, subsidiaries, affiliates, and advertising and promotion agencies and each of their respective officers, directors, employees, and agents (collectively, the “Released Parties”) are not responsible for any malfunction of the entire Contest Sites or any late, lost, damaged, misdirected, incomplete, illegible, undeliverable, or destroyed entries, Supporting Statements, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet or at the Contest Sites, or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit Entrant’s or Festival Buddy’s ability to participate. Released Parties are not responsible for the policies, actions, or inactions of others, which might prevent Entrant and/or Festival Buddy from entering, participating, and/or claiming a prize in this Contest. Sponsor’s failure to enforce any term of these Rules will not constitute a waiver of that or any other provision. Sponsor reserves the right to disqualify Entrants and/or Festival Buddy who violate the rules or interfere with this Contest in any manner. If an Entrant or Festival Buddy is disqualified, Sponsor reserves the right to terminate that Entrant’s and Festival Buddy’s eligibility to participate in the Contest. Entrant and Festival Buddy agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Released Parties be liable for any amount in excess of Fifty Dollars ($50). Entrant and Festival Buddy waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
- RIGHT TO CANCEL, MODIFY OR DISQUALIFY. If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, TIXR reserves the right in its sole discretion to cancel, terminate, modify or suspend the Contest. TIXR further reserves the right to disqualify any Entrant and/or Festival Buddy who tampers with the submission process or any other part of the Contest or Contest Sites. Any attempt by an Entrant and/or Festival Buddy to deliberately damage any web site, including the Contest Sites, or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, TIXR reserves the right to seek damages from any such Entrant and/or Festival Buddy to the fullest extent permitted under applicable law.
- NOT AN OFFER OR CONTRACT OF EMPLOYMENT: Under no circumstances shall the submission of an entry or Supporting Statement to the Contest, the awarding of a prize, or anything in these Rules be construed as an offer or contract of employment with TIXR. Entrants acknowledge that they submitted their Supporting Statement voluntarily and not in confidence or in trust. Entrants and Festival Buddy acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between Entrant, Festival Buddy and TIXR and that no such relationship is established by Entrant’s submission of a Supporting Statement under these Rules.
- FORUM AND RECOURSE TO JUDICIAL PROCEDURES: These Rules shall be governed by, subject to, and construed in accordance with the laws of the State of California, United States of America, excluding all conflict of law rules. If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. TO THE EXTENT PERMITTED BY LAW, THE RIGHTS TO LITIGATE, SEEK INJUNCTIVE RELIEF OR MAKE ANY OTHER RECOURSE TO JUDICIAL OR ANY OTHER PROCEDURE IN CASE OF DISPUTES OR CLAIMS RESULTING FROM OR IN CONNECTION WITH THIS CONTEST ARE HEREBY EXCLUDED, AND ENTRANT AND FESTIVAL BUDDY EXPRESSLY WAIVE ANY AND ALL SUCH RIGHTS.
- ARBITRATION: BY ENTERING THE CONTEST, YOU AGREE THAT EXCLUSIVE JURISDICTION FOR ANY DISPUTE, CLAIM, OR DEMAND RELATED IN ANY WAY TO THE CONTEST WILL BE DECIDED BY BINDING ARBITRATION. ALL DISPUTES BETWEEN YOU AND TIXR OF WHATSOEVER KIND OR NATURE ARISING OUT OF THESE RULES, SHALL BE SUBMITTED TO JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC. (“JAMS”) FOR BINDING ARBITRATION UNDER ITS RULES THEN IN EFFECT IN THE ORANGE COUNTY, CALIFORNIA, USA AREA, BEFORE ONE ARBITRATOR TO BE MUTUALLY AGREED UPON BY BOTH PARTIES. THE PARTIES AGREE TO WAIVE THEIR RIGHT TO A JURY TRIAL AND TO SHARE EQUALLY IN THE ARBITRATION COSTS INCURRED.
- WINNER’S LIST: The winner will be posted on the Tixr Facebook page on November 29, 2017. You may request the name of the winner after November 29, 2017 but before December 25, 2017 by sending a self-addressed stamped envelope to:
Who Won Tag Your Favorite Festival Buddy Contest
1334 3rd St
Santa Monica, California 90401, USA
(Residents of Vermont need not supply postage).