Official Rules for the Epical My Hometown Contest
1. WHO IS ELIGIBLE TO ENTER? The Contest is open to individuals who are 18 years of age or older. Employees of ecom enterprises, inc., a California corporation, and our affiliates, officers, directors, employees, consultants, shareholders, and agents (collectively, "Sponsor" and "we") and Sponsor's marketing communications agencies, and any other person or company involved in the development or implementation of the Contest (collectively, the "Promotion Parties") and their immediate families (spouse, parents, children, siblings, and their respective spouses) and household members, are not eligible to enter or win. This Contest is subject to all applicable federal, state and local laws and regulations, and void where prohibited by such laws. By participating, you agree to these Official Rules. The Sponsor's decisions are final and binding in all respects. Sponsor reserves the right to verify eligibility qualifications of the winner.Â You may submit multiple entries to the Contest.
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN THE CONTEST.
2. HOW TO ENTER. It’s easy! Just enter through your epical mobile application. The Contest begins at 12:01 a.m. April 1 2015, Pacific Daylight Time (PDT) and entries may be made until 11:59 p.m. April 30, 2015, Pacific Daylight Time (PDT) (“Entry Period”). During the Entry Period, enter by (a) creating a new list, complete with a minimum of three (3) locations and a detailed description of what makes this list epical and (b) adding #myHometown to the list description. For each successfully completed submission, you will receive one (1) entry (“Entry”) in the Contest. By submitting an Entry, you agree that your Entry conforms to the Entry Guidelines and Content Restrictions as defined below (collectively, the “Entry Guidelines and Restrictions”).
If there is a dispute as to any registration for the Contest, the authorized account holder of the email address used to register for an epical account through which the Entry was submitted will be deemed to be the registrant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. The potential winner may be required to show proof of being the authorized account holder. We cannot accurately predict the number of Entries which will be made to the Contest, particularly due to the possibility of multiple entries. ONCE YOU SUBMIT AN ENTRY, IT BECOMES THE EXCLUSIVE PROPERTY OF THE SPONSOR.
3. ENTRY GUIDELINES AND RESTRICTIONS. An Entry must meet all the following guidelines ("Entry Guidelines"):
B. The Entry must additionally comply with all the following restrictions ("Content Restrictions"):
- You must be the sole and exclusive owner of any content contained in an Entry, including but not limited to photos.
- The Entry must not contain material that violates or infringes another person, company's, or organization's (collectively, a "Person") rights, including but not limited to privacy, likeness, publicity or intellectual property rights (including without limited copyright or moral rights).
- It must not contain material that is hateful, defamatory, slanderous or libelous toward any Person living or deceased, or otherwise infringe upon any Person's personal or proprietary rights.
- It must not contain material that is obscene, sexually explicit or pornographic or promotes bigotry, racism, hatred or harm against any group or Person or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that is designed to annoy or harass.
- It must not make any references to alcoholic beverages, tobacco, legal or illegal drugs, drug paraphernalia, firearms, or any depiction or representation thereof.
- Any uploaded submission must not contain any virus, Trojans, hacks, spyware or malicious code of any type.
- It must be suitable for audiences of all ages and be consistent with Sponsor's reputation in the marketplace, including but not limited to its reputations for quality and integrity.
- Any uploaded submission must not contain material that is unlawful, in violation of or contrary to applicable laws or regulations.
Failure of any Entry to comply with the above Entry Guidelines and Content Restrictions, as determined by Sponsor in its sole discretion, may result in the deletion of the Entry and disqualification from the Contest. No Entry will be acknowledged or returned. Sponsor shall have the right to delete, edit, adapt and publish any or all of the Entries, and may use them in any media without attribution or compensation to the entrant, his/her successors or assigns, or any other entity. As more fully explained in Section 10 below, SUBMITTING AN ENTRY IN THIS CONTEST CONSTITUTES A GRANT OF AN IRREVOCABLE, ROYALTY-FREE WORLDWIDE LICENSE TO SPONSOR AND ITS AFFILIATES TO REPRODUCE AND DISPLAY THE UPLOADED PHOTO, OR ANY DERIVATIVE THEREOF, IN ALL MEDIA NOW KNOWN OR HEREAFTER DEVISED, INCLUDING, WITHOUT LIMITATION, THE INTERNET, IN PERPETUITY. The Promotion Parties are not responsible for lost, late, incomplete, invalid, unintelligible or misdirected Entries. Such Entries are void and will be disqualified. The Promotion Parties are not responsible for any Person's inability to connect to any software application or website including but not limited to the epical mobile application or the "Site"). The Promotion Parties are not responsible for any Person's inability to upload the Entry or any portion of it. Sponsor, in its sole discretion, may feature any submission submitted in this Contest at any time during, or after, the Entry Period on any related websites, in any promotional materials, whether related or unrelated to the Contest, and at any other location, whether physical or online,Â that Sponsor, in its sole discretion, deems appropriate for the operation and promotion of this Contest or Sponsor's business.
4. DETERMINING THE WINNER. On or before May 31, 2015, Sponsor will determine in its sole discretion the first, second, and third-place winners of the Prizes, based on which Entries Sponsor feels best depict an epical Hometown list of locations or places. The winners will be notified by email using the contact information provided when they created their epical account. If the winners do not respond by email to the notification within three (3) calendar days, he or she will be disqualified and an alternate winner will be selected (for example, if the first place winner does not reply, the second place winner will be moved up to first, and so on). Each winner will be required to complete and return within ten (10) calendar days of written notification an Affidavit of Eligibility and Liability/Publicity Release. Failure to comply with the ten (10)-day time period may result in disqualification and an alternate winner selected. Each winner's Entry submission and acceptance of a Prize offered constitutes permission (except where prohibited) for the Sponsor to use said winner's name, likeness, any public account information, and submission materials, in all forms of media worldwide, in perpetuity, without limitation, notice or further compensation.
5. PRIZE; YOUR ODDS OF WINNING. The odds of winning depend on the total number of all eligible Entries received. Multiple entries are allowed and encouraged. The odds of winning are estimated to be one (1) chance in 20,000. The Prizes are; the first place winner will receive an Apple Watch (42mm with Sports Band) valued at $599.00, second place $250 Visa debit card, and third place $100 Visa debit card. These are also the approximate value of each such Prize.
6. REPRESENTATIONS AND WARRANTIES BY ENTRANT. By submitting an Entry, each entrant warrants that (i) the Entry complies with these Official Rules, including without limitation all Entry Guidelines and Content Restrictions; (ii) the Entry complies with all applicable laws, rules, and regulations; (iii) Promotion Parties will not be required to make any payments to any third party in connection with its use of any Entry; and (vii) the entrant shall indemnify and defend the Promotion Parties against any and all claims or causes of action related to any breach by such entrant of any of the foregoing representations and warranties.
7. LIMITATIONS OF LIABILITY. In no event shall more prizes be awarded than the three (3) Prizes stated in Section 5 above. All federal, state and local taxes are the sole responsibility of each winner. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SPONSOR BE LIABLE TO YOU FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE CONTEST, EVEN IF THE SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SPONSOR'S AGGREGATE LIABILITY TO ANY ENTRANT ARISING OUT OF THE CONTEST (OTHER THAN OUR OBLIGATION TO AWARD THE PRIZEs TO THE WINNERS) WILL NOT EXCEED ONE DOLLAR ($1.00). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE SPONSOR'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. Your sole remedy for any dissatisfaction with the Contest, the epical app, or the Site is to stop accessing or using them.
9. WINNERS. The winners will be published on the Sponsor's website at http://epicalinc.com for a month following the end of the Entry Period and will be available by written request to Sponsor (1230 Oakmead PKWY #318, Sunnyvale, CA 94085) for a period of six (6) months after that period of time.
10. GRANT OF RIGHTS. As a condition of participation in this Contest, each entrant hereby grants and agrees to grant to Sponsor and its affiliates the non-exclusive worldwide, royalty-free right and license to reproduce, modify, use, post, publish, perform, display, and otherwise distribute in any medium (including, but not limited to online on the Site), all or any portion of the content comprising an Entry for any purpose, and/or otherwise use or exploit in connection with the promotion, publicity and/or advertising of the Contest and/or Sponsor such content (including, without limitation, the likenesses of the entrant appearing in the uploaded Photo) submitted by the entrant as part of his/her Entry process.
11. FTC DISCLOSURE GUIDELINES. To the extent the winner posts or publishes any review of a Prize, the winner must comply with the FTC's endorsement guidelines: "Guides Concerning the Use of Endorsements and Testimonials in Advertising: Notice Announcing Adoption of Revised Guides."
12. GENERAL. This Contest is subject to all applicable federal, state, and local laws and regulations. Sponsor reserves the right to modify any content contained in the winning Entry. Sponsor reserves the right to modify the rules at any time. The laws of the State of California govern this Contest without reference to choice of law principles. Any dispute regarding the Contest is exclusively subject to binding arbitration (with one (1) arbitrator sitting) in Santa Clara County, California pursuant to the commercial arbitration rules of the American Arbitration Association. Entrants hereby irrevocably waive any and all right to a trial by jury in any legal proceeding arising out of or relating to the Contest. Entrants further waive any objection to exclusive jurisdiction in Santa Clara County, California.