THE ULTIMATE MUSIC FESTIVAL SWEEPSTAKES
NO PURCHASE OR USE OF A PARTICULAR SHAVING PRODUCT NECESSARY.
MAKING A PURCHASE OR USING A PARTICULAR PRODUCT WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID IN FL, NY, RI, OUTSIDE THE REMAINING ELIGIBLE STATES, AND WHERE PROHIBITED BY LAW. SEE FURTHER ELIGIBILITY REQUIREMENTS IN THE RULES BELOW.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or Twitter. Facebook, Instagram and Twitter are not affiliated with the Sponsor in any way.
1. Eligibility: The Ultimate Music Festival Sweepstakes (the “Sweepstakes”), sponsored solely by Woven Digital, LLC (“Sponsor”), is open to legal residents of all States and the District of Columbia (“D.C.”) with the exception of residents of Florida, New York and Rhode Island, who may not enter. If you reside in one of the eligible States, you must be 18 years of age or older (19 or older if a resident of Alabama or Nebraska) at the time of entry in order to participate. Employees, officers and directors of Sponsor, Energizer Personal Care, LLC, any of their respective parent and affiliate companies, and members of the immediate families (spouse, biological, adoptive or step-parents, grandparents, children, grandchildren and siblings, and each of their respective spouses (regardless of where they reside) or households (whether related or not) of any of the above are not eligible to participate. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations.
Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Entry Period: The Sweepstakes begins at 6:00 a.m. Pacific Time (“PT”) on March 24, 2014 and ends on April 13, 2014 at 11:59 p.m. PT (the "Sweepstakes Period").
3. How to Enter: You may enter the Sweepstakes during the Sweepstakes Period by either (A) uploading a photograph that you believe depicts your “best shave” to [schickfest.woven.com] (the “Site”) in accordance with the instructions set forth on the Site, or (B) posting a photograph that you believe depicts your “best shave” to your Facebook, Instagram or Twitter account using the hashtag #SchickFest. Each unique social submission counts as one entry. Your properly uploaded/posted photo and the required personal information you submit will be referred to herein as your “Entry.” All Entries must be received at the Site or posted as noted above no later than 11:59 p.m. PT on April 13, 2014. Proof of submission of an Entry does not constitute proof of receipt by Sponsor. All Entries become the property of the Sponsor. You may enter as many times as you would like, but submitting the same image (or a substantially similar image as solely determined by Sponsor) on the same platform will only be counted once per each entry method (the Site, Instagram, Facebook, and Twitter).
If you wish to enter via Facebook, Twitter or Instagram as described above, and do not already have an applicable account, you may create an account by visiting www.facebook.com, www.twitter.com, or www.instagram.com, respectively. Accounts are free. Terms of Service/Use of the applicable social media site apply to entries made through such site.
Any attempt by any entrant to submit Entries by using multiple/different email addresses, identities, handles, or any other methods will void all of that entrant's Entries, and that entrant may be disqualified from participation in the Sweepstakes, in the Sponsor’s sole discretion. Use of any automated system or third-party service to participate is prohibited and will result in disqualification. In the event of a dispute as to any entrant, the authorized the person in whose name the Entry was submitted will be deemed the entrant.
4. Entry/Submission Conditions/Restrictions: USE OF A SCHICK PRODUCT IS NOT A REQUIREMENT FOR ENTRY. You may have used any product in creating your “best shave”. Photos will not be judged and will have no bearing on the selection of winners. Winners will be selected in a random drawing, as described in Rule 7, below. No person other than the entrant may appear in the photo.
Entries may not contain obscene, profane, lewd, defamatory or inappropriate images or text including but not limited to nudity, acts of violence or acts that appear to cause harm or are illegal/dangerous, as determined at Sponsor’s sole discretion. Entries will be disqualified and removed from the Site or social media page, as applicable (if already submitted), if, in Sponsor’s sole discretion, the Entry or any portion thereof is deemed to: (A) be obscene, profane, sexually explicit, lewd, defamatory, discriminatory, derogatory of any sexual orientation, ethnic, racial, gender, religious, professional or age group; (B) portray Sponsor’s or any company’s brand in a negative way; (C) contain any content owned by third parties or content that otherwise violates or infringes (or may infringe) any copyright, trademark, or other proprietary right of any person living or deceased; (D) contain any third-party brand identifiers including without limitation logos or team names; or (E) (contain personal information such as license plate numbers, names, email addresses or phone numbers. The above list is not intended to be exhaustive. Sponsor may reject and disqualify any Entry if, in its sole discretion, it deems the Entry to be inappropriate for inclusion in the Sweepstakes.
Consistent with the foregoing restrictions, clothing worn or props/items used in the photo should not contain any visible logos (other than those owned by Sponsor), drawings, cartoons, phrases, t or other third-party materials. Entrants may not copy any portion of the Entry from any source. All Entries must be the sole, original work of the entrants, previously unpublished, and not previously submitted in any other contest or promotion (modifying, enhancing or altering a third party’s preexisting work does not qualify as an entrant’s original work).
All incomplete or non-conforming Entries will be disqualified.
5. Rights Granted: By submitting an Entry, you hereby grant the Sponsor, its affiliates, subsidiaries, assigns, licensees, designees and legal representatives the irrevocable, perpetual, worldwide digital and other rights to use, reproduce, edit, market, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote the Entry or portions of the Entry (as such may be edited and modified by the Sponsor at its discretion) for editorial, commercial, promotional and all other purposes (including without limitation posting on Sponsor-affiliated websites, Social Media sites and/or other Sponsor-selected media). In addition, you hereby assign to the Sponsor all rights, titles, and interests that you may be deemed to have in any reproduction, product, or derivative work using or incorporating the Entry. You further agree to waive any moral rights in the Entry. By entering the Sweepstakes, you agree that your Entry is gratuitous, unsolicited and without restriction, and will not place Sponsor under any obligations other than those contained in these Official Rules, and that Sponsor is free to disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas therein without any compensation to you. You further acknowledge that Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you.
By entering the Sweepstakes, you understand and acknowledge that you will not now or in the future be paid or compensated in any way for your Entry or for granting the Sponsor any of the rights set out in these Official Rules. You further acknowledge that Sponsor is not obligated to make use of any of the rights granted in these Official Rules.
6. Warranties and Consent: By entering the Sweepstakes, you: (A) represent and warrant that (i) you have read, and agree to be bound by, these Official Rules and any applicable policies or procedures posted by Facebook, Instagram and/or Twitter, as applicable, (ii) based on these Official Rules, you are eligible to participate in the Sweepstakes, and (iii) all of the information provided as part of your Entry is accurate, does not violate any third party’s legal rights (including, without limitation, rights of privacy and publicity), and otherwise does not violate applicable law; and (b) consent to the use of your name and/or likeness by the Sponsor and Energizer personal Care LLC for promotional purposes (whether online, in print or through any other media now known or hereafter developed), without additional compensation or further notice authorization unless prohibited by law.
7. Selection of Winners: On or about April 15, 2014 the Sponsor will conduct a random drawing to select four (4) potential winners (each, a “Potential Winner”) from among all eligible Entries received through both entry methods combined. Each winner will receive the prize described in Rule 8, below (subject to verification of eligibility).
8. Prizes/Approximate Retail Value (“ARV”)/Odds of Winning: The prize awarded to each confirmed Winner will consist of: (A) tickets/passes to attend a music festival (up to 3 days), or a single major concert event of Winner’s choice (each of the foregoing is subject to availability, restrictions apply) for the Winner and one (1) guest (who must be at least 18 years of age; at least 19 if a resident of AL or NE); (B) round trip coach air travel for Winner and guest between the major gateway airport closest to the winner’s residence (as determined by Sponsor) and the Prize location; (C) Three (3) nights at a hotel in or around the vicinity of the selected Prize location, (standard room, double occupancy, subject to availability, at Sponsor’s sole discretion); (D) meals during the Winners’ and guests’ stay at the Prize location at restaurants to be selected by the Sponsor; (E) ground transportation from Prize location airport to/from the Prize location hotel, and transportation to/from the Prize event; and (F) other gifts to be selected by the Sponsor (collectively, the “Prize”). ARV of the Prize is $25,000.00, and the ARV of all Prizes to be awarded in the Sweepstakes is $100,000.00. Actual retail value of Prize may vary due to Winner’s residence, dates of travel and fares at time of travel, and the difference between the stated ARV and the actual value, if any, will not be awarded in any form. Further travel and/or accommodations restrictions may apply. Prize must be utilized between May 1, 2014 and May 31, 2015.
The odds of being selected as a Winner depend on the number of eligible Entries received through both entry methods combined. The prize must be accepted as awarded and no substitution, transfer, conversion or assignment of the prize is allowed. The Prize is not redeemable for cash. In the event of unavailability of the prize or any portion thereof, the Sponsor reserves the right to substitute an alternative prize (or portion thereof) of equal or greater value. All other expenses and costs not expressly listed above as being included in the Prize, including but not limited to additional meals, hotel incidentals, souvenirs and tips, are solely the Winners’ responsibility.
Each Winner must be available to travel on Sponsor’s itinerary as determined by the Sponsor, or prize will be forfeited in its entirety. Further, Prize will be forfeited if Sponsor determines, in its sole discretion that Potential winner: (A) is not eligible to receive the Prize based on the eligibility requirements set forth in Rule 1, above; (B) has not complied fully with these Official Rules; (C) has refused to, or cannot, accept the Prize as stated herein for any reason; or (D) has not returned the Prize claim documents described in Rule 9, below, in a timely manner.
If a Prize is forfeited for any reason, it will be awarded (time permitting) to an alternate winner in a random drawing from among all remaining Entries.
THE PRIZE WILL BE PROVIDED BY THE SPONSOR TO EACH WINNER “AS IS.” THE SPONSOR DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE PRIZE OR ANY ASPECT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
9. Notification/Verification of Winner: If a Winner cannot be contacted, fails to return the required documents in the required time as provided herein, refuses or is unable to accept the Prize, or is otherwise in violation of these Rules, the Sponsor shall select another Winner in accordance with the terms of this paragraph, to replace the Winner originally selected. Each Winner will be contacted via email (if the Sponsor has a valid email address for such Winner). The Sponsor will notify each potential winner by email, phone or postal mail within approximately five (5) days of the drawing date, and each such winner will be required to sign and return an Affidavit of Eligibility, a Liability Release and, where permitted, a Publicity Release (collectively, the “Prize Claim Documents”) within three (3) days of receipt (via pre-paid express courier). The Sponsor is not responsible or liable in any manner for late, lost, misdirected or unsuccessful efforts to notify a winner. The Prizes will be awarded only if the Sponsor has verified that a winner has (A) complied with these Official Rules and (B) completed, signed and returned to the Sponsor the Prize Claim Documents in a timely manner. If a potential winner fails to satisfy (A) and (B), above, the Sponsor reserves the right to disqualify such potential winners and award his/her Prize to an alternate Winner in a random drawing from among all remaining Entries.
10. Income Taxes: All federal, state and local income taxes on the Prizes are the sole responsibility of each Winner. Winners may wish to consult with your tax professional regarding potential tax implications prior to accepting a Prize. Each confirmed winner will be issued an IRS Form 1099 for the value of the Prize; a copy will be furnished to the IRS.
11. Indemnification/Release/Limitation of Liability: By participating in the Sweepstakes and, if a winner, by accepting the Prize, you agree to release, indemnify, defend and hold harmless Sponsor, Energizer Personal Care LLC, Facebook, Instagram, and Twitter and each of their respective parent companies, subsidiaries, affiliates, related companies, licensees, assigns, promotional partners and the respective officers, directors, managers, members, employees, agents, successors, licensees and assigns of each of the foregoing (collectively, the “Released Parties”) from and against any and all liability whatsoever for any loss, harm, damage, injury, cause of action, claim, cost or expense (including, without limitation, any property damage, personal injury and/or death) arising out of or in connection with your participation in the Sweepstakes, including, without limitation, the acceptance, use or misuse of a Prize (if applicable), including travel related thereto.
The Released Parties are not responsible for (a) electronic transmissions or Entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, misdirected or not received by Sponsor or its agents for any reason; (b) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures or human error that may occur in the transmission, receipt or processing of Entries/, or for destruction of or unauthorized access to, or alteration of, Entries; (c) failed or unavailable hardware, network, software or telephone transmissions, damage to Entrants’ or any person’s computer or device and/or its contents, or causes beyond Sponsor’s reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Sweepstakes; (d) incorrect or inaccurate entry information whether caused by entrants or by any of the equipment or programming associated with or utilized in the Sweepstakes; (e) any typographical or other error in any printing or advertising related to this Sweepstakes, in the administration or execution of the Sweepstakes, or in the announcement of the Prize winners; or (f) cheating or fraud by any entrant. Each Entrant acknowledges and agrees that the Released Parties are not responsible for any unauthorized use of his/her Entry by third parties.
No more than the stated number of Prizes will be awarded. In the event that production, technical, programming, human or other error/malfunction of any kind should cause more than the stated number of potential winners to receive Prize notification, Sponsor reserves the right to award only the stated number of Prizes by a random drawing from among all legitimate, eligible Prize notifications received.
12. Arbitration/ Waiver of Certain Damages: As a condition of participating in the Sweepstakes, you agree that: (A) under no circumstances will you be permitted to obtain an award for, and you hereby waive all rights to claim, punitive, incidental, consequential or any other indirect damages to the extent allowed by applicable law; (B) all causes of action arising out of or connected with the Sweepstakes or the Prizes shall be resolved exclusively by arbitration under the rules of the American Arbitration Association before a single arbitrator located in Los Angeles, California; and (C) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event shall any claim, judgment or award include attorneys’ fees or any equitable or injunctive relief. Disputes arising out of the Sweepstakes will be determined according to the laws of the State of California without reference to its or any other jurisdiction’s conflicts of laws principles. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.
13. DISCLAIMER OF WARRANTIES: THE SPONSOR IS PROVIDING THE SWEEPSTAKES ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SPONSOR DOES NOT REPRESENT OR WARRANT THAT THE SWEEPSTAKES OR THE TECHNOLOGY USED TO PROVIDE IT: (A) WILL BE UNINTERRUPTED OR SECURE; (B) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS; OR (C) WILL MEET YOUR SYSTEM’S REQUIREMENTS OR ENABLE YOU TO PARTICIPATE IN IT. THE SPONSOR MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE RULES, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
14. General Terms: If, for any reason, the Sweepstakes is not capable of running as planned, or is disrupted or corrupted, including, without limitation, by strikes, acts of war or terrorism, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical or system failures, or any other causes beyond the control of the Sponsor which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Sweepstakes, or for any reason the Sponsor deems it necessary, the Sponsor reserves the right in its sole and absolute discretion to cancel, terminate, modify or suspend the Sweepstakes. Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible, non-suspect Entries received up to the date/time of termination. The Sponsor reserves the right in its sole and absolute discretion to disqualify any person from the Sweepstakes if the Sponsor suspects or finds that such person: (A) has used a software-generated, robotic, programmed, script, macro or other automated method of entry or a third-party entry service; (B) has tampered with the entry process or the operation of the Sweepstakes; (C) is acting or has acted in violation of these Official Rules; (D) is acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or (E) has provided inaccurate information on any document submitted in connection with the Sweepstakes.
ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW AND, SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM YOU TO THE FULLEST EXTENT PERMITTED BY LAW.
Any questions, comments or complaints regarding this Promotion must be directed to the Sponsor only, and NOT to Facebook, Twitter or Instagram.
All trademarks used herein are the property of their respective owners.
Energizer Personal Care LLC is not a sponsor of this Sweepstakes.