Flow Like Slurpee®
1. Eligibility: Flow Like Slurpee® (the “Contest”) is open only to legal
residents of the fifty (50) United States and the District of Columbia
(excluding Iowa, Louisiana, Maryland and Tennessee) who
are (a) at least eighteen (18) years old at the time of entry and (b)
legally permitted to work in the United States. Employees of 7-Eleven, Inc.
(“Sponsor”), Merkle Inc. (“Administrator”), 360i LLC, RCA Records, Sony Music
Entertainment, and Flo Milli; as well as Sponsor’s franchisees, current
and former paid influencers and ambassadors of Sponsor, the following
publishers: Warner Chappell Music Publishing (BMI), Concord Music Publishing
(BMI),2 Rare Publishing (BMI), and Maiya Early (BMI)
(collectively, “Publishers”) and any of the parent and affiliate companies of
the foregoing, as well as the immediate family (spouse, parents, siblings and
children) and household members of each such employee are not eligible to win.
The Contest is subject to all applicable federal, state, and local laws and
regulations and is void in Iowa, Louisiana, Maryland, Tennessee and where
prohibited.
Acceptance of the prize will require winner to
execute contracts related to releasing rights to lyrics and recorded music on a
buy-out basis. Winner must also make themselves available to record their
lyrics on a date set by Sponsor in its sole discretion, anticipated to take
place the week of August 14, 2023, and to participate in a photo shoot
anticipated to take place that same week at a location to be determined by
Sponsor in its sole discretion; photo shoot may involve air travel and an overnight
stay (to be paid by Sponsor as a component of the prize, see Section 8 below).
It is the Entrant’s sole responsibility to review and understand any
obligations Entrant may have with respect to any music management company,
Entrant’s employer’s policies or any other entity regarding eligibility to
participate in the Contest and, if chosen, executing such contracts and
participating in all aspects of the prize. If participation in this Contest or
accepting the prize and entering into the forementioned contracts is in
violation of any Entrant’s obligations to their music manager, employer or any
other entity, or Entrant is for any reason unable or unwilling to enter into
the required agreements, the Entrant will be disqualified from participating in
the Contest. “Released Parties” (defined below in Section 9) disclaim any and
all liability or responsibility for disputes arising between an employee and
any other entity related to this Contest, including any disputes related to the
prize or the execution of the prize. IF YOU DO NOT MEET ANY OF THESE
REQUIREMENTS, OR ANY OTHER ELIGIBILITY REQUIREMENTS IN THESE OFFICIAL RULES,
YOU ARE NOT ELIGIBLE TO WIN A PRIZE.
2. Sponsor: 7-Eleven, Inc., 3200 Hackberry Road, Irving TX, 75063.
Administrator: Merkle Inc.,
3000 Town Center, Floor 21, Southfield, MI 48075.
3. Agreement to Official Rules: Participation
in this Contest constitutes entrant’s full and unconditional agreement to these
Official Rules and Sponsor’s and Administrator’s decisions, which are final and
binding in all matters related to this Contest. Winning the prize is contingent
upon fulfilling all requirements set forth in these Official Rules. Due to the nature of the prize offered,
if a background check, which includes a social media background check, reveals
that a Potential Finalist (as defined in Section 7 below) has engaged in
conduct that could damage the reputation of Sponsor or any of the Released
Parties, as determined by Sponsor in its discretion, the Potential Finalist may
be disqualified from further participation in the Contest.
4.
Timing: The Contest
begins on Tuesday, June 27, 2023 at 12:00 a.m. Eastern Time ("ET")
and ends on Wednesday, July 12, 2023 at 11:59 p.m. ET (the "Contest
Period"). Instagram’s
and TikTok’s servers are the official time-keeping devices for the Contest.
Participation Requirements: To participate, you will need to have a
personal public Instagram or TikTok account (each a “Social Account”). Creating
each Social Account is free, but is subject to the applicable terms and
conditions ((http://instagram.com/about/legal/terms/#) or (https://www.tiktok.com/legal/page/us/terms-of-service/en#terms-us). For TikTok, your account privacy
settings must allow for “friends” to direct message you. You must enter using a mobile
device. Check your wireless carrier’s network for standard data charges that
may apply. You may not use a corporate or shared account to enter. By submitting
an entry as instructed below (“Contest Entry”), you agree that your Contest
Entry conforms to the applicable Entry Requirements and the Guidelines
and Content Restrictions for your Contest Entry.
Entry Requirements for Instagram: During the Contest Period, take the
following actions to receive an entry:
(a) Follow @Slurpee on Instagram;
(b) Locate @Slurpee’s post on Instagram
that advertises this Contest (the “Contest Post”);
(c) Create a Slurpee inspired original
verse to the song in the Contest Post (“Original Lyrics”);
(1) Your Original Lyrics must be based
on your honest opinion and personal experience with Slurpee and must mention
Slurpee;
(2) There is no requirement to include
any other reference to 7-Eleven or its other (non-Slurpee) products or services
in your Original Lyrics. If you choose to include such a reference, it must be
based on your honest opinion and personal experience. Including such a
reference will not increase your chances of winning.
(3) Your Original Lyrics must be a minimum
of 8 bars of music (approximately 15 seconds) and a maximum of 12 bars of music
(approximately 25 seconds);
(4) Your Original Lyrics must also
comply with the Guidelines and Content Restrictions for your Contest Entry
below.
(d) Create a video on Instagram where
you “Remix” with the Contest Post that includes:
(1) During the instrumental portion of
the Contest Post (12 bars/25 seconds), Entrant raps their Original Lyrics;
(2) You must use the original audio and
the “original video” side-by-side Remix layout when creating your Instagram
Remix video (“Remix”). Layouts or posts where you cannot see and/or hear the
Contest Post in side-by-side format throughout the entirety of your Remix will
be disqualified;
(3) Your Remix
may include text overlays (standard emojis included) but may not include any
Instagram filters or effects. Including any other Instagram filters or effects
on your Remix will result in the disqualification of your entry. See Guidelines
and Content Restrictions for Your Contest Entry below for additional
requirements regarding the content of your Remix;
(e) Post your Remix to your Instagram feed and include #FlowLikeSlurpee
and #Contest in the original caption to your post (your “Instagram Post”). Note:
Remixes that are posted to Instagram Stories rather than the Entrant’s feed
will not be eligible entries. In addition, posts where #FlowLikeSlurpee and
#Contest is included in a comment rather than the caption of your original post
(or otherwise hidden) will also not be eligible entries;
(f) Your
account settings must be public when you post, and remain public until the
prizes are awarded (as described in Section 7, below); and
(g) You must keep the same Instagram handle during the Contest Period
and until the prizes are awarded (as described in Section 7, below) so we may
communicate with you.
Should your
Instagram Post meet all requirements, you will receive one (1) Entry. Sponsor, in its sole discretion may
disqualify your Contest Entry if it believes that it fails to conform or otherwise
violates these Official Rules.
Entry Requirements for TikTok: During the Contest Period, take the
following actions to receive an entry:
(a) Follow @slurpee on TikTok;
(b) Locate @slurpee’s post on TikTok
that advertises this Contest (the “Contest Post”);
(c) Create a Slurpee-inspired original
verse to the song in the Contest Post;
(1) Your Original Lyrics must be based
on your honest opinion and personal experience with Slurpee and must mention
Slurpee;
(2) There is no requirement to include
any other reference to 7-Eleven or its other (non-Slurpee) products or services
in your Original Lyrics. If you choose to include such a reference, it must be
based on your honest opinion and personal experience. Including such a
reference will not increase your chances of winning;
(3) Your Original Lyrics must be a
minimum of 8 bars of music (approximately 15 seconds) and a maximum of 12 bars
of music (approximately 25 seconds);
(4) Your Original Lyrics must also
comply with the Guidelines and Content Restrictions for Your Contest Entry
below.
(d) Create a video on TikTok where you
“Duet” with the Contest Post that includes:
(1) During the instrumental portion of the
Contest Post (12 bars/25 seconds), Entrant raps their Original Lyrics;
(2) You must use the default
“side-by-side” Duet layout when creating your TikTok video (“Duet”). Layouts or
posts where you cannot see and/or hear the Contest Post throughout the entirety
of your Duet will be disqualified;
(3) Your Duet may
include text overlays (standard emojis included) but may not include any TikTok
filters or effects. Including any other TikTok filters or effects on your Duet
will result in the disqualification of your entry. See Guidelines and
Content Restrictions for Your Contest Entry below for additional
requirements regarding the content of your Instagram Remix;
(e) Post your Duet to TikTok and include #FlowLikeSlurpee and #Contest
in the original caption to your post (your “TikTok Post”). Note: Posts
where #FlowLikeSlurpee and #Contest is included in a comment rather than the
caption of your original post (or otherwise hidden) will not be eligible
entries;
(f) Your account
settings must be public when you post, and remain public until all prizes are
awarded (as described in Section 7, below); and
(g) You must keep the same TikTok handle during the Contest Period and
until the prizes are awarded (as described in Section 7, below) so we may
communicate with you.
Should your TikTok Post meet all requirements, you
will receive one (1) Entry. Sponsor,
in its sole discretion may disqualify your Contest Entry if it believes that it
fails to conform or otherwise violates these Official Rules.
Guidelines and Content Restrictions for Your
Contest Entry:
·
The
Contest Entry must meet all applicable Entry Requirements.
·
The
Contest Entry must meet the applicable Social Platform’s format and size
requirements;
·
The
Contest Entry must be in English;
·
The
Contest Entry must be your original, unpublished work (other
than the music in the Contest Post) and must not plagiarize or infringe upon
any third-party rights;
·
The
Contest Entry must be based on entrant’s honest option and personal experience
and must not convey any claims about Sponsor’s products or services that would
be deemed false, misleading, deceptive, or unsubstantiated if made by Sponsor;
·
The
Contest Entry must not include lyrics or display material that violates or
infringes another’s rights, including but not limited to contract, privacy,
publicity or intellectual property rights, or that constitutes copyright
infringement:
o
The
Contest Entry must not contain logos, brand names or trademarks other than
those owned by Sponsor, which include Slurpee, 7-Eleven and Speedway. Sponsor
has granted limited rights to entrants for use of Sponsor’s trademarks in
connection with this Contest as set forth below;
o
The Contest Entry must not contain content created by a third party,
such as music (other than the music in the Contest Post), images or artwork
(including tattoos and any content offered by Instagram or TikTok other than a text
overlay (emojis permitted));
·
The
entrant must be visible in the Contest Entry;
·
The
sound in the Contest Post must not be muted;
·
The
Contest Entry not in any way remove, alter, or otherwise obscure the “#contest”
text overlay on the Contest Post;
·
You
must have suitable signed written permission to include the names and/or
likenesses of other individuals shown, heard, depicted, or otherwise referenced
in your Contest Entry and to otherwise grant the rights set forth in Section 6.
You should only include minors in your Contest Entry if they are your
children/wards. If requested, entrant must be able to provide such permissions
in a written form acceptable to Sponsor;
·
The
Contest Entry must not disparage Sponsor or any other person or entity;
·
The
Contest Entry must not promote or reference alcohol, illegal drugs, marijuana,
tobacco, or firearms/weapons, or any activities that are or appear to be
dangerous or illegal, or any political agenda;
·
The
Contest Entry must not contain material that is inappropriate, offensive,
indecent, obscene, sexually explicit, tortious, defamatory, slanderous or
libelous;
·
The
Contest Entry must not contain material that promotes bigotry, racism, hatred
or harm against any group or individual or promotes discrimination based on
race, gender, religion, nationality, disability, sexual orientation, or age;
and
·
The
Contest Entry must not contain material that is unlawful, in violation of, or
contrary to any applicable laws, regulations, and/or regulator guidelines.
If the Contest Entry
violates any of the above Guidelines and Content Restrictions for Your
Contest Entry, you agree you will remove such Contest Entry from the
applicable Social Platform upon the request of Sponsor.
Sponsor
and Administrator have full discretion to determine whether these content
restrictions have been violated, and their determinations and decisions
regarding any violations are final and binding.
Use
of Sponsor’s Trademarks: Solely in connection with entrant’s participation in the
Contest and limited to the duration of the Contest Period, entrants are granted
a limited, non-exclusive license to incorporate the Sponsor’s trademarks (the
“Marks”) into their Contest Entry, entrants shall only use the Marks for
purposes of entering this Contest. Entrants have no other rights to use the Marks
outside of this contest and all rights arising from and to the Marks shall
remain with the Sponsor.
6.
Sponsor's Use of Contest Entry: Posting a Contest Entry constitutes entrant’s consent
to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license
to use, reproduce, record, modify, publish, publicly perform, distribute,
adapt, edit, remix, translate, create derivative works from, sublicense, and
display such Contest Entry in whole or in part, on a worldwide basis, and to
incorporate it into other works, in any form, media or technology now known or
later developed, including for promotional or marketing purposes. If requested,
Entrant will sign any documentation that may be required for Sponsor or its
designees to make use of the non-exclusive rights entrant is granting to use
the Contest Entry. You agree that it is your sole responsibility to obtain all
permissions and releases necessary for the grant of the rights contained in
this paragraph. You agree to take, at Sponsor's expense, any further action
(including execution of affidavits, and other documents) reasonably requested
by Sponsor to effect, perfect or confirm Sponsor's rights as set forth above in
this paragraph. Except as otherwise agreed, you will not be entitled to
compensation for any use by Sponsor, or its agents, licensees or assignees, of
your Contest Entry.
7. Winner Determination: The winner will be determined according to the process set
forth below.
(a)
Judging Process: After the Contest Period, a panel of qualified
judges determined by Sponsor in its sole discretion, will select the four (4)
highest-scoring Contest Entries (the “Potential Finalists”) from among all
eligible Contest Entries based on the following criteria (“Judging Criteria”):
Technical Skill (80%): The Original Lyrics should demonstrate strong technical rapping
ability, including:
·
Musicality (25%): The
Original Lyrics should be in time with the music and play off the beat;
·
Lyricism (25%): The
Original Lyrics should utilize clever, skilled, and unique wordplay and
reference the 7-Eleven Slurpee. More points will be given
to verses that utilize the Slurpee as a theme rather than a one-off rhyme or
reference.
·
Execution (25%): The
performance should be well executed with breath control and without mistakes
with lyrics and timing; and
·
Clarity (25%): The
Original Lyrics should be clearly understood.
Tone (20%): The Original Lyrics are
lighthearted, not overly serious and fit within the hip-hop/rap genre.
In the event of a tie in any phase of winner determination, the entrant
whose Contest Entry received the highest score for “Lyricism,” as determined by the qualified judges in
their sole discretion, will be deemed the
Potential Finalist/Grand Prize winner from among the tied entrants. Sponsor reserves the
right to not select a winner, if, in its sole discretion, it does not receive a
sufficient number of eligible and qualified Contest Entries. Sponsor will not
disclose judging scores.
(b)
Potential Finalist Notification and Verification: On or around July 24,
2023, Potential Finalists will be
notified by @slurpee through direct message on the social platform used to enter
and will be directed to a secure online claim form
where they will be required to provide their
name, mailing address and date of birth to confirm eligibility within three (3)
days of the date notice or attempted notice is sent. Next, each Potential
Finalist will be required to sign and return a Declaration of Compliance,
Liability Waiver, Consent to Background Check and, where not prohibited, a
Publicity Release ("Declaration"), including disclosure of all of
Potential Finalists’ social media handles, which must be received by
Administrator within three (3) days of the date notice or attempted notice is
sent. If a Potential Finalist cannot be contacted or fails to sign and return
the Declaration or provide any other requested information within the required
time period, the Potential Finalist forfeits the ability to continue
participation in the Contest. Due to the nature of the prize offered, if the
background check, including the social media portion of the background check,
reveals that a Potential Finalist has engaged in conduct that could damage the
reputation of or reflect unfavorably on Sponsor or any of the Released Parties,
as determined by Sponsor in its sole discretion, the Potential Finalist may
forfeit the ability to continue participation in the Contest. If a
Potential Finalist is disqualified for any reason, in Sponsor’s sole discretion
the entrant with the next highest-scoring Contest Entry may
be designated a Potential Finalist, time permitting.
(c)
Grand Prize Winner Notification and Requirements: After conclusion of
the background checks, Sponsor will designate the Finalist with the
highest-scoring Contest Entry based on the judging criteria listed in Section
7.a. above who has also passed the required background check as the Grand Prize
Winner. The Winner will be notified by email on or around August 14, 2023. AS A
CONDITION OF ACCEPTING THE GRAND PRIZE, WINNER WILL BE REQUIRED TO EXECUTE ALL STANDARD AGREEMENTS WITH THE PUBLISHERS ASSIGNING ALL RIGHTS
IN THE ORIGINAL LYRICS AND ALL SERVICES PROVIDED IN RELATION TO THE FINAL SONG
AS WORKS-FOR-HIRE, INCLUDING AUTHOR’S SHARE, TO THE PUBLISHERS IN ORDER TO
ACCEPT THE PRIZE, WAIVING ANY CLAIM TO COPYRIGHT OWNERSHIP IN OR ROYALTY
COLLECTION ON THE FINAL SONG FOR THEMSELVES AND/OR ANY OTHER EXISTING PUBLISHER
AND/OR LABEL WITH WHICH THEY MAY ALREADY BE AFFILIATED. WINNER WILL
ALSO BE REQUIRED TO EXECUTE CONTRACT(S) GRANTING RIGHTS IN WINNER’S PERFORMANCE
ON A MASTER RECORDING TO BE RELEASED BY RCA RECORDS. THIS MAY INCLUDE ACCEPTING
UNION MINIMUM SCALE. Therefore, Winner will irrevocably grant, transfer, convey
and assign to the Publishers the entirety of the rights in and to the Original
Lyrics and all renewals and extensions of copyright, and the right to secure
copyright registrations thereto in perpetuity including, without limitation,
the rights to use the Original Lyrics for any and all purposes in any and all
media whether now known or hereafter developed, on a worldwide basis, in
perpetuity. Winner also agrees to assign all right, title, and interest
(including all copyright, trademark and other property rights associated
therewith) in the Contest Entry (but excluding the Original Lyrics) to Sponsor,
including all renewals and extensions of copyright, and the right to secure
copyright registrations thereto in perpetuity including, without limitation,
the rights to use the Contest Entry (excluding the Original Lyrics) for any and
all purposes in any and all media whether now known or hereafter developed, on
a worldwide basis, in perpetuity. Winner agrees to take any further action
(including execution of an intellectual property assignment agreement,
affidavits, and other documents) reasonably requested by Sponsor to effect,
perfect or confirm Sponsor's or ownership rights as set forth above in this
paragraph. Winner accepts and acknowledges that neither the Publishers, RCA Records,
Sponsor nor any other party will be obligated to use the Original Lyrics, all
of whom, in each of their sole discretion, will have the right to refrain from
using the Original Lyrics. Neither Sponsor, Publishers, RCA Records nor any
other party will incur any liability whatsoever to the extent any such party
chooses to refrain from any exploitation of any rights granted hereunder or in
any of the required agreements. Winner will indemnify and hold harmless
Sponsor, Publishers, RCA Records, Sony Music Entertainment, and any licensee of
the foregoing against all claims, damages, liabilities, and expenses (including
reasonable counsel fees and legal expenses) arising out of any breach of these
terms. If the Winner fails to sign the aforementioned agreements, is unable to
accept the prize or is disqualified for any reason, the prize may be awarded to
a runner-up, if any, in Sponsor’s sole discretion.
ONE (1) GRAND
PRIZE: A prize package
that includes:
(a) The opportunity for Winner to record Winner’s Original Lyrics, to be
included in a remix of Flo Milli’s song ”Anything
Flows.” Recording session to consist of one (1) day on a date to be determined by Sponsor in
its sole discretion, anticipated to take place the week of August 14, 2023.
Recording of Original
Lyrics will be mixed onto an existing Flo Milli track, expected to be
released late August 2023. All details of recording session to be determined by
Sponsor and/or RCA Records in their sole discretion. Recording to take place at
a location selected by Sponsor in its sole discretion close to the winner’s
home. Round trip ground transportation to and from recording studio to be
provided.
(b)
The opportunity for Winner to participate
in a photo shoot for content to be featured as part of the Contest winner
announcement. Photo shoot to consist of one (1) day on a date to be determined by Sponsor in
its sole discretion, anticipated to take place the week of August 14, 2023 at a
location to be determined by Sponsor in its sole discretion.
If deemed necessary by Sponsor, travel
to include round trip coach-class airfare for winner from an airport close to
the winner’s home to the location of the photo shoot. Sponsor or its designee
will determine which airport is closest to the winner’s home. If in the
judgment of Sponsor air travel is not required due to winner’s proximity to the
photo shoot location, ground transportation will be substituted for round trip
air travel at Sponsor’s discretion. Sponsor will provide ground transportation
(1) to and from airport to winner’s home and (2) to and from destination
airport to the lodging provided for winner at the destination. Sponsor will
also provide winner with one (1) night of lodging (single room, double
occupancy) should an overnight stay be deemed necessary by Sponsor. Travel
arrangements are subject to availability at the discretion of Sponsor. Other
restrictions, conditions, and/or limitations may apply. Air transportation,
hotel accommodations, ground transportation, and all other elements of required
travel to be determined by Sponsor or its designees in their sole discretion.
Any amendment fees or charges incurred
due to any changes to the flights purchased by Sponsor are the responsibility
of the winner. All costs not explicitly set forth in these Official Rules are
the sole responsibility of the winner, and Sponsor will not provide any
compensation or reimbursement for these costs, including visa requirements,
valid passports, travel insurance, spending money or meals (other than the daily
per diem provided for under SAG/AFTRA guidelines, if applicable), taxes
(excluding airline and airport taxes), vaccinations, transfers, items of a
personal nature, excess baggage, in-room charges, other ancillary costs, and
any applicable insurance excesses. Air travel is subject to the airline’s
conditions of carriage.
(c)
One (1) Slurpee-branded necklace: pendant has a rhodium-plated sterling silver
base and logo cutout, with white cubic zirconia for the cup, and approximately
five hundred (500) imitation aquamarine stones in the dollop. The pendant is
hung on a medium heavy chain with Cuban links in rhodium-plated sterling silver
with white cubic zirconia. ARV
$5,320.
Approximate
Retail Value ("ARV") of Prize Package: $15,320.
Sponsor
will also provide winner a single cash payment in the form of a check, which is
intended to assist the winner with any federal, state, or other tax obligations
related to the Grand Prize (the “Tax Gross-Up Payment”). The Tax Gross-Up
Payment will be $6,566. The Grand Prize winner’s actual tax liabilities
related to the Grand Prize could exceed the Tax Gross-Up Payment. The
Grand Prize winner is solely responsible for all applicable federal, state, or
other tax obligations related to the Grand Prize. Sponsor will not provide
any further assistance toward the winner’s tax obligations. Total ARV of Grand
Prize: $21,886.
By accepting and
participating in the prize Winner will not be entering into any of the following
relationships (either expressly or impliedly) with Sponsor, Publishers, RCA
Records or Sony Music Entertainment: employer-employee or, principal-agent.
Nothing in this contest will render the winner an employee, agent, or partner
of Sponsor, Publishers, RCA Records or Sony Music Entertainment. Prize is not transferable. No
substitutions or exchanges of any aspect of the prize (including for cash) will
be permitted, except that Sponsor reserves the right to substitute the prize
(or a portion thereof) for one of comparable or greater value. Only the number
of prizes stated in these Official Rules are available to be won in the
Contest. Any unclaimed or unused prize (or portion of the prize package) will
remain the property of Sponsor.
THREE
(3) FIRST PRIZES (one (1) awarded to each Finalist who is not selected as the
Grand Prize winner):
$250, awarded as a prepaid card. Your use of the prepaid card is governed by
the Cardholder Agreement, and some fees may apply. This is not a gift card.
Please note that prepaid cards are subject to expiration, so play close
attention to the expiration date of the card. ARV: $250. First Prizes to be
fulfilled within 8-10 weeks after the conclusion of the Contest.
For All Prizes: Prizes are non-transferable
and no substitution will be made except as provided herein at the Sponsor’s
sole discretion. Sponsor reserves the right to substitute a prize (or a
component thereof) for one of equal or greater value if the designated prize
should become unavailable for any reason. Winners are responsible for
all taxes and fees associated with prize receipt and/or use. Limit: One (1) prize per person.
9. Release: By receipt of any prize, winner agrees to
release and hold harmless the Sponsor, Administrator, 360i LLC, RCA
Records, Sony Music Entertainment, Meta Platforms, Inc., TikTok, Inc., Warner
Chappell Music Publishing (BMI),Concord Music Publishing (BMI), 2 Rare
Publishing (BMI), Maiya Early (BMI), and their
respective parent companies, subsidiaries, affiliates, suppliers, distributors,
advertising/promotion agencies and each of their respective parent companies
and each such company’s officers, directors, employees and agents
(collectively, the “Released Parties”) from any liability whatsoever and waive
any and all causes of action, whether under a theory of contract, tort
(including negligence), warranty or other theory, arising out of or in
connection with the Contest or delivery, misdelivery,
acceptance, possession, use of or inability to use any prize (including claims
for costs, losses, personal injuries, death, or damages of any kind, such as
damage to or destruction of property or damages related to rights of publicity
or privacy, moral rights, defamation or portrayal in a false light, whether
intentional or unintentional), including any related travel.
10. Publicity: Acceptance
of the prize will constitute and signify winner’s agreement and consent that
Sponsor and its designees may use the winner’s name, city, state, likeness,
photo, including winner’s Social Account profile photo, Contest Entry and prize
information for promotional, advertising, and other purposes, worldwide, in any
and all media now known or later devised, including the Internet, without
limitation and without further payment, notification, permission or other
consideration, except where prohibited by law. In addition, Sponsor, Publishers
and RCA Records and their designees will also have the rights to the Original
Lyrics and all content produced in connection with the Grand Prize (“Prize
Content”), including the ability to resize,
repurpose, and edit such Prize Content. Original Lyrics and Prize
Content may also be used for promotional, advertising, and other purposes, worldwide,
in any and all media now known or later devised, including the Internet,
without limitation and without further payment, notification, permission or
other consideration, except where prohibited by law.
11. General Conditions: Sponsor
reserves the right to cancel, suspend and/or modify the Contest if any fraud,
technical failures, human error or any other factor impairs the integrity or
proper functioning of the Contest, or any event or cause beyond Sponsor’s
control (e.g. events such as natural calamities, national emergencies, wide
spread illnesses, declarations of war, acts of God, acts of terrorism)
interferes with any aspect of the Contest, including but not limited to
fulfillment of the prize(s), as determined by Sponsor in its sole discretion.
If terminated, Sponsor may, in its sole discretion, determine the winner(s)
from among all non-suspect, eligible Contest Entries received up to time of
such action using the judging procedure outlined above. Sponsor may also modify
the prizes offered. In addition, Sponsor reserves the right to disqualify any
individual it finds to be tampering with the entry process or the operation of
the Contest or to be acting in violation of the Official Rules of this or any
other promotion or in an unfair, unsportsmanlike or disruptive manner and void
all associated entries. Any attempt by any person to deliberately undermine the
legitimate operation of the Contest may be a violation of criminal and civil
law, and, should such an attempt be made, Sponsor
reserves the right to seek damages and other remedies (including attorneys’
fees) from any such person to the fullest
extent permitted by law. Sponsor’s failure to enforce any term of these
Official Rules will not constitute a waiver of that provision.
12. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect
or inaccurate information, whether caused by entrant, printing,
typographical or other errors or by any of the
equipment or programming associated with or utilized in the Contest; (2)
technical failures of any kind, including, but not limited to malfunctions,
interruptions, or disconnections in phone lines or network hardware or software
or voice-over recording devices; (3) unauthorized human intervention in any
part of the submission process or the Contest; (4) printing,
typographical, technical,
computer, network or human error which may occur in
the administration of the Contest, the uploading, the processing or judging of Contest
Entries, or the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or
(6) any injury or damage to persons or property which may be caused, directly
or indirectly, in whole or in part, from entrant’s participation in the Contest
or receipt or use or misuse of any prize (including any
travel and/or activity related thereto). Released Parties are not responsible for misdirected or undeliverable Contest Entries or for any technical problems, malfunctions
of computer systems, servers, providers, hardware/software, lost or unavailable
network connections or failed, incomplete, garbled or delayed computer
transmission or any combination thereof. Released Parties are not responsible for any unauthorized
third-party use of any Contest Entry.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE RELEASED PARTIES (JOINTLY) ARISING OUT OF OR RELATING TO YOUR PARTICIPATION IN THE CONTEST OR USE OF OR INABILITY TO USE ANY EQUIPMENT PROVIDED FOR USE IN THE CONTEST OR ANY PRIZE EXCEED $10. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT EXCLUDE OR LIMIT LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS PURCHASED FROM THE SPONSOR, OR FOR THE RELEASED PARTIES’ GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR FOR FRAUD.
13. Disputes: Except where
prohibited, each entrant agrees that: (1) any and all disputes, claims and
causes of action arising out of or connected with this Contest or any prize
awarded will be resolved individually,
without resort to any form of class action, and exclusively by the exclusively by the United States District Court for
Northern District of Texas or the appropriate Texas State Court; (2) any
and all claims, judgments and awards will be limited to actual out-of-pocket
costs incurred, including costs associated with entering this Contest, but in
no event attorneys’ fees; and (3) under no circumstances will entrant be
permitted to obtain awards for, and entrant hereby waives all rights to claim,
indirect, punitive, incidental and consequential damages and any other damages,
other than for actual out-of-pocket expenses, and any and all rights to have
damages multiplied or otherwise increased. All issues and questions concerning
the construction, validity, interpretation and enforceability of these Official
Rules, or the rights and obligations of the entrant and Sponsor in connection
with the Contest, will be governed by, and construed in accordance with, the
laws of the State of Texas without giving effect to any choice of law or
conflict of law rules (whether of the State of Texas or any other
jurisdiction), which would cause the application of the laws of any
jurisdiction other than the State of Texas.
14. Severability: If
any provision of these Official Rules should be held unenforceable or invalid
for any reason, then that provision or portion thereof shall be modified or
deleted in such manner as to render the remaining provisions of these Official
Rules valid and enforceable. The invalidity or unenforceability of any provision
of these Official Rules will not affect the validity or enforceability of any
other provision.
15.
Entrant's Personal Information:
Information collected from entrant is subject to Sponsor’s Privacy
Policy.
16. Winner List: For a
winner list, please click HERE. The winner list will be posted
after winner confirmation is complete.
© 2023 Merkle
Inc. All rights reserved.
This promotion is in no way sponsored,
endorsed or administered by, or associated with, Meta Platforms, Inc. or
TikTok, Inc.