OFFICIAL GENERAL RULES FOR CONTESTS, SWEEPSTAKES, AND GIVEAWAYS (“CONTESTS”)
NOTE THAT RULES MAY VARY FOR SPECIFIC CONTESTS
Any individual who enters, attempts to enter or in any way participates or attempts to participate in any Contest conducted by Sponsor (as defined below) (each such individual in hereinafter referred to as an “Entrant”) agrees to be bound by the terms and conditions provided in these Official General Contest Rules (“Official Rules”), as well as by Sponsor’s interpretations of these Official Rules which are final and binding in all matters relating to any Contest. Specific information about Contests will be advertised or communicated by Sponsor (the “Contest Materials”). Some Contests may have specific rules applicable to them (the “Specific Rules”), and in the event there is a discrepancy or inconsistency between these Official Rules and the Specific Rules, the Specific Rules shall control.
UNLESS OTHERWISE NOTED, NO PURCHASE IS NECESSARY TO ENTER OR WIN A PRIZE. PURCHASE DOES NOT CHANGE ODDS OF WINNING. THIS CONTEST IS INTENDED FOR PARTICIPATION IN THE STATE OF TEXAS ONLY. VOID WHERE PROHIBITED BY LAW.
1. CONTEST PERIOD. The Contest shall begin and end on the date and/or time indicated on the Contest Materials (“Contest Period”). Unless otherwise set forth in the Contest Materials, the time period to submit an entry for any applicable Contest shall also be the Contest Period. All times are Central Time.
2. ELIGIBILITY. To enter the Contest, you must be (a) a lawful permanent resident of the State of Texas, (b) at least eighteen (18) years of age at the time of entry, and (c) meet any other criteria set forth in the applicable Contest Materials. Certain Contests may be limited to Favor “Runners”, which shall mean drivers on the Favor platform who have an fully activated Favor driver account and email address in good standing. This Contest is void outside the State of Texas and where prohibited. This Contest, the Content Materials, and any website pages and advertisements relating thereto are intended for viewing only within the State of Texas.
Employees, contractors, officers, and directors of Sponsor, its affiliates, parent companies, or subsidiaries (collectively, the “Contest Entities”); and members of the immediate families (spouse and 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 individuals are not eligible to participate in the Contest or win a prize.
Eligibility Frequency Limits: Sponsor may set limitations on how frequently an individual can be eligible to win more than one prize within a specified time period. In addition to any specific limitations, an individual may not win more than three (3) times in one month and only one (1) winner per household is permitted in any contest or sweepstakes. “Household members” shall mean people who share the same residence at least three (3) months a year.
3. HOW TO ENTER. Eligible individuals may enter as set forth in the Contest Materials. Generally, these will involve one or some of the following: (1) online entry, (2) social media entry, (3) text to enter, (4) alternative method of entry, or (5) content submission or skill contest. In all cases, limit one (1) entry per individual (or e-mail address or account, as applicable) per day.
SPECIFIC ENTRY METHOD RULES:
(1) Online Entries:
If a Contest accepts web entries, Entrants must accurately complete all required fields or the entry will be deemed incomplete and will not qualify.
(2) Social Media Entries:
If the applicable Contest Materials require providing a response or performing some other action on social media, Entrants must perform all required actions on the applicable platform (in conformance with these Official Rules, including prohibitions on obscene or infringing Content below) or the entry will not qualify.
(3) Text to Enter:
If a Contest accepts text entries, each text message, sent or received, may incur a charge as provided in your rate plan. Message and data rates may apply. When you enter via text message, you will receive at least one (1) autodialed text message in response to your entry and you may receive additional autodialed text messages if you are a finalist, qualifier, or winner, as applicable. Text-messaging may not be available through all wireless carriers. For help, text “help” to the shortcode provided in the specific contest. To stop, text “stop” to the shortcode provided in the specific contest to cancel. To enter without sending a text message, you may enter by a free alternate method of entry set forth below.
(4) Alternative Method of Entry:
Where applicable, as an alternative method of entry, eligible individuals may send a self-addressed, stamped envelope that includes the full name of the Contest to: Favor Sweepstakes Alternative Method of Entry, Attn: Marketing Team, Copy to: Legal Team, 2416 E. 6th Street, Austin, Texas 78702. Limit (1) alternative entry per individual.
(5) Content Submission or Skill Contest:
If the applicable Contest Materials require (i) submitting any Content (as defined below), or (ii) performing any specific actions in competition with other Entrants, then Entrants must perform all required actions and/or submit all required Content (in conformance with these Official Rules, including prohibitions on obscene or infringing Content below) or the entry will not qualify.
Consumer Created Content Requirements.
As used herein, “Content” includes and refers to all information, content, and material submitted by you in connection with any Contest (including, but not limited to your submission).
By submitting your Content, you warrant and represent that such Content: (a) does not infringe upon the rights of any person or entity (including such individual’s and/or entity’s copyrights, trademarks rights, rights of privacy or publicity or any other intellectual property), (b) that you have obtained permission from a person whose name, likeness or name is used in the Content, and (c) and that publication of the Content via various media including Web posting, will not infringe on the rights of any third party rights. Any such entrant will indemnify and hold harmless, Released Parties (as defined herein) from any claims to the contrary. Any entrant whose Content includes names or likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including Sponsor’s use of such Content, in a form satisfactory to Sponsor, upon request, prior to award of prize and/or naming of entrant as a winner. The Content submitted shall be 100% owned and controlled by the Entrant. The Content shall be free and clear of any claims by any person whose writings, quotes, or ideas are embodied in the Content, or any person rendering services in connection with the Content. The Content shall not contain any materials owned or controlled by a third party for which you have not obtained a license. The Sponsor reserves the right to remove or void any Content that it deems to be in violation of these Official Rules, in its sole and absolute discretion.
By submitting Content you agree that your Content disclosure is gratuitous, unsolicited, and made without restriction, will not place the Sponsor or Contest Entities under any fiduciary or other obligation, that the Sponsor and Sponsor are free to use and otherwise disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your Content, the Sponsor and the Sponsor Entities do not waive any rights to use similar or related ideas previously known to Sponsor or Sponsor Entities, or developed by their employees, or obtained from sources other than you.
BY SUBMITTING ANY CONTENT, ENTRANT ACKNOWLEDGES THAT HIS/HER CONTENT MAY BE POSTED ON SPONSOR’S WEBSITE, OR ELSEWHERE ON THE INTERNET AS AUTHORIZED BY SPONSOR, IN SPONSOR’S DISCRETION. In consideration for your participation in this Contest and for the opportunity to win a prize hereunder, you hereby grant the Sponsor, the Contest Entities, and another authorized on their behalf, an unlimited, perpetual, worldwide, non-exclusive, non-restrictive, royalty-free, sub-licensable (through multiple tiers) right and license to use, publish, reproduce, display, perform, adapt, modify, distribute, publicly perform, transmit, have distributed, prepare derivative works of, and promote such Content in any form, in all media now known or hereinafter created, anywhere in the world, for any purpose and without consideration to the entrant.
All Content submitted in connection with any Contest must confirm to the additional submission requirements set forth as follows to be eligible:
- Content must comply with these Official Rules and any Terms of Service on the Sponsor website or the Terms of Service of the applicable social media or online platform;
- Content must be uploaded/submitted in the format specified and must comply with the posting requirements set forth above and as posted on the Sponsor website;
- The Content must not make use of indecent or obscene material or language;
- Content cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity;
- Content cannot promote alcohol, illegal drugs, tobacco, or firearms/weapons (or the use of any of the foregoing), and cannot promote or portray any activities that may appear unsafe or dangerous, or any particular political agenda or message;
- Content cannot be offensive, endorse any form of hate or hate group;
- Content cannot defame, misrepresent or contain disparaging, libelous, or misleading remarks, comments, or material about the Sponsor, its affiliates, any of their respective products and/or services, or about any other people, products or companies;
- Content cannot infringe on or violate any copyright, patent, trademark, trade secret, right of publicity, or other intellectual property, proprietary, or contractual right of a third party and cannot contain any personal identification such as license plate numbers, personal names, e-mail addresses or street addresses, other than Entrant’s;
- Content cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission;
- Content cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission;
- Content shall not include any background artwork, unless it is an original work of the Entrant (any artwork, murals, etc. that can be seen in the Content must be created solely by the Entrant or Entrant must be the sole owner of all copyright interests therein);
- The Content cannot be abusive or harassing towards any individual or group of individuals regarding race, sex, religion, creed, national origin, age, disability, gender identity or expression, sexual orientation or any legally protected classification (which includes, but is not limited to, epithets or slurs, threats, intimidations, or hostile acts);
- Content cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;
- Content cannot communicate any messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate;
- Content cannot depict, and cannot itself, be in violation of any law; and
- The Content must be socially acceptable and in good taste, as determined by Sponsor in Sponsor’s sole discretion.
ALL DECISIONS REGARDING THE APPROPRIATENESS OF THE MATERIALS CONTAINED IN THE CONTENT SHALL BE AT THE SOLE DISCRETION OF THE SPONSOR. The Sponsor reserves the right to reject any Content, in its sole discretion. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. Sponsor reserves the right to waive the Contest Content requirements set forth herein in its reasonable discretion. Sponsor reserves the right, in its reasonable discretion, during or upon completion of the Contest Period, to request that any entrant resubmit his or her Content which fails to comply with the Content requirements prior to any judging period. CONSUMER CREATED CONTENT POSTED TO ANY WEBSITE OR ONLINE PLATFORM WAS NOT EDITED BY SPONSOR AND IS THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DOES NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. If you think that any Content infringes your intellectual property rights, contact us by mail at 2416 E. 6th Street, Austin, TX 78702, Attn: Legal Department or by emailing legal@favordelivery.com.
By accepting a prize, each winner agrees that his or her Content will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then each winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Content, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Each winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to their Content. Sponsor reserves the right to alter, change or modify the winning Content, in its sole discretion. Upon request of Sponsor, each winner agrees to execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Content and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.
4. PRIZES. The actual prizes (“Prizes”) and value of each Prize will vary for each Contest. Descriptions of prizes will be set forth in the applicable Contest Materials. No more than the advertised number of Prizes shall be awarded. Each Prize is subject to certain terms and conditions. A Prize may not be sold, traded, or commissioned, and is not exchangeable, transferable, substitutable, or redeemable for cash except in Sponsor’s sole discretion. Prize details and availability are subject to change. Sponsor is not the supplier or guarantor of any Prize, unless otherwise specified. Prizing may be fulfilled by a third party fulfillment Sponsor. The prize will only be awarded if properly claimed according to these Official Rules and any applicable Specific Rules. All costs and expenses related to the acceptance or use of each Prize not specified herein as being provided are the sole responsibility of winner(s).
Odds of Winning: The odds of winning a Prize depend on the number of eligible entries received.
If tickets to an event are awarded as a prize, Sponsor is not responsible for any cancellation or rescheduling of the event for any reason and has no obligation to reimburse, refund or otherwise substitute the tickets for another prize should the event not be rescheduled or vouchers not issued. Should a promotional card be part of the prize, the promotional cards shall include and herein be referenced as “promotional card(s)” collectively to any prefunded bank card, a gift card, an electronic gift card, stored-value card or certificate, a store card, merchant card, voucher for services or goods, a gift certificate or similar instrument and other redeemable instruments with value credit or the like that may be awarded are subject to terms, conditions and restrictions as set by issuer. *Promotional cards are subject to the terms of use, applicable conditions and restrictions, including any expiration dates, promulgated by issuer of card. The promotional cards are not transferable, redeemable for cash or exchangeable for any other prize. Redemption of the promotional card will be subject to the standard terms, conditions and restrictions applicable to the participating merchant and or the card issuer in effect on the day of issuance of the promotional card. The promotional card cannot be redeemed for the purchase of other promotional cards. Except as required by law, the promotional card cannot be reloaded, resold, transferred for value, redeemed for cash, or applied to any other account. The Sponsor is not responsible if any promotional card is lost, stolen, destroyed or used without permission. If the promotional card is lost or stolen, it will not be replaced. No substitutions allowed except by Sponsor at its sole discretion for a prize of comparable value. Should travel be part of the prize, Sponsor is not responsible for cancellations or delays in travel accommodations and has no obligation to reimburse, refund or otherwise substitute any tickets awarded as a part of a travel prize due to such cancellations or delays.
If promotional cards are being awarded, promotional cards shall include and herein be referenced as “promotional card(s)” collectively to any prefunded bank card, a gift card, an electronic gift card, stored-value card or certificate, a store card, merchant card, voucher for services or goods, a gift certificate or similar instrument and other redeemable instruments with value credit or the like that may be awarded are subject to terms, conditions and restrictions as set by issuer. *Promotional cards are subject to the terms of use, applicable conditions and restrictions, including any expiration dates, promulgated by issuer of card. The promotional cards are not transferable, redeemable for cash or exchangeable for any other prize. Redemption of the promotional card will be subject to the standard terms, conditions and restrictions applicable to the participating merchant and or the card issuer in effect on the day of issuance of the promotional card. The promotional card cannot be redeemed for the purchase of other promotional cards. Except as required by law, the promotional card cannot be reloaded, resold, transferred for value, redeemed for cash, or applied to any other account. The Sponsor is not responsible if any promotional card is lost, stolen, destroyed or used without permission. If the promotional card is lost or stolen, it will not be replaced. No substitutions allowed except by Sponsor at its sole discretion for a prize of comparable value.
Trip Prize Conditions: If travel is being awarded, all prize packages shall include round-trip, coach class air transportation for winner from a major commercial airport near winner’s home to the destination and a double occupancy standard hotel room as specified in herein. Actual value of trip may vary based on point of departure and airfare fluctuations. Any difference between stated approximate retail value and actual value of Prize will not be awarded and is specified in these Official Contest Rules. Selection of airline and hotel are solely within Sponsor’s discretion. Meals, gratuities, luggage fees, incidental hotel charges and any other travel-related expenses not specified herein are the sole responsibility of winner and guest. Travel for the trip awarded must take place on and/or within the designated dates and is subject to schedule and availability, alternative travel dates will not be provided. If the prizewinner(s) is unavailable for travel on the designated dates, the specified or prize will be forfeited and may or may not be awarded to an alternate prizewinner(s) at the sole discretion of the Sponsor. Exact travel dates and arrangements may be subject to availability whether specified or not. Winner and travel guest must travel on same itinerary. If the winner is eligible, but a minor in his/her state of residence, the travel guest must be winner’s parent or legal guardian. A MINOR (DETERMINED BY THE AGE OF MAJORITY IN HIS/HER STATE OF RESIDENCE) MAY ONLY ACCOMPANY THE WINNER AS A TRAVEL GUEST IF THE WINNER IS THE MINOR’S PARENT OR LEGAL GUARDIAN. ALL MINORS MUST BE ACCOMPANIED AT ALL TIMES DURING TRIP (INCLUDING, BUT NOT LIMITED TO, IN-FLIGHT, HOTEL STAY AND ALL PRIZE-RELATED EVENTS) BY MINOR’S PARENT OR LEGAL GUARDIAN. Travel guests must sign and return a travel release before any ticketing of travel occurs. Winner and guest must have all necessary identification and/or travel documents (e.g., a valid U.S. driver’s license) required for travel. If the trip requires traveling outside the United States, the winner, upon winning the prize, must have a valid US passport. If the winner does not have a valid US passport upon winning the prize, the trip may be forfeited and an alternate winner will be selected, in the Sponsor’s sole discretion. In accordance with applicable laws, international travelers are required to possess a government issued passport, if a winner does not have or is unable to obtain a passport within any time constraints related to the prize, the winner will be disqualified. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. If in the judgment of the Sponsor, air travel is not required due to winner’s proximity to the trip destination, ground transportation will be substituted for roundtrip air travel at the Sponsor’s sole and absolute discretion. The difference in value will not be awarded to the prize winner. The Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations. Additional prize award details and travel information to be provided to the prizewinner at the time of notification. Winner and guest will be required to complete and return the applicable forms and releases. Winner must sign a prize acceptance form, provide the information for their travel guest which must be at least of the legal age of majority in their state, a W-9 form, an affidavit or verification of eligibility, and a liability/publicity release (where permitted) signed by both the winner and travel guest. Prizewinner(s) and guests are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged. If a winner cannot be contacted or is disqualified, the Sponsor reserves the right to determine an alternate winner in its sole discretion. Unclaimed prize(s) will not be awarded. Certain travel restrictions and blackout dates may apply. Any and all airport transfers, ground transportation, meals, incidentals, gratuities, phone calls, luggage fees, travel insurance and applicable taxes (including, but not limited to all local, state and federal taxes) and any and all other expenses not specifically mentioned herein are the sole responsibility of the prize winner. If, for any reason, any part of the trip package is canceled or shall become unavailable, postponed or canceled, the Sponsor shall have no further responsibility for that portion of the prize and the prize will be awarded without the inclusion of the item on the same itinerary. If concerts or other ticketed events have been awarded as part of this prize package and the concert or event is postponed, rained out, canceled, or for other reasons beyond our control does not occur, The Sponsor will not be responsible for replacing that portion of the prize. The Sponsor is not responsible for late, lost, damaged or stolen luggage. Any provided tickets are subject to certain terms and conditions specified thereon, and seat locations are as solely determined by Sponsor. The Sponsor is not responsible for any travel delays, flight cancellations or difficulty. If travel delays, cancellations or difficulty prevent arrival in time for any and all elements of trip, the Sponsor is not responsible for awarding any compensation in lieu thereof. Any changes to completed travel arrangements, once booked, are the sole responsibility of the winner, and are solely at the winner’s expense. All prizes or prize vouchers must be redeemed as stated in the prize notification or otherwise stated in the Official Rules. Failure to collect or properly claim any prize in accordance with these rules will result in forfeiture of the prize. If forfeited for any reason, winner will not receive any other prize substitution or compensation, and the prize will remain the property of the Sponsor and will not be awarded, except as provided herein. Winner agrees to accept all blackout dates, space availability requirements, etc. established by the Sponsor’s prize partner(s), such as hotels, airlines, trains, ships, concert or event venues etc. Winner and guest must comply with all applicable laws, and any rules and regulations established by the Sponsor’s prize partner(s), if any; such as hotels, airlines, trains, ships, concert or event venues etc. Winner agrees that acceptance of any trip taken as a prize is done so entirely upon their own initiative, risk, and responsibility. BY ACCEPTING PRIZE, WINNERS ACCEPT THE INHERENTLY DANGEROUS NATURE AND RISK IN ANY TRAVEL OR TRANSPORTATION, INCLUDING BOATING, SUCH RISK INCLUDING PERSONAL INJURY AND/OR DEATH, ACKNOWLEDGES THAT HIS/HER PARTICIPATION IN THE PRIZE EVENT IS VOLUNTARY, ACKNOWLEDGES THAT THERE ARE NATURAL FACTORS AND OCCURRENCES WHICH MAY IMPACT ON OR AFFECT THE SAFETY OF THE ACTIVITIES HE/SHE IS PARTICIPATING IN AND HE/SHE ASSUMES THE RISK OF SUCH FACTORS AND OCCURRENCES AND AGREES THAT THE SPONSOR AND RELEASED PARTIES SHALL NOT BE IN ANY WAY RESPONSIBLE FOR ANY RESULTING INJURY AND/OR DEATH.
Conditions and restrictions may apply. Limit: One (1) prize per person/household. ALL PRIZES ARE AWARDED “AS IS” AND THE SPONSOR DOES NOT MAKE (AND IS NOT RESPONSIBLE FOR) ANY REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATING TO ANY PRIZE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.
5. WINNER SELECTION AND NOTIFICATION.
Prize winners will be selected per the criteria set forth in the Contest Materials on the date set forth in the Contest Materials (the “Selection Date”). If the Contest requires Entrant to perform in some manner to participate and qualify to win, the decisions of Sponsor and/or the other judges will be final as to all matters. If a Contest requires a drawing, winner(s) will be randomly chosen out of all total current entrants, which drawing shall take place on the date and/or time set forth in the Contest Materials on the Selection Date. If a winner is unable to be notified for any reason for any amount of time, the applicable prize may be forfeited and awarded to an alternate winner.
Potential Contest winners will be notified by phone, email, mail, or direct message using the same social media site and account on which the entrant posted a submission on or around the Selection Date. The potential winner must comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. If the potential winner cannot be contacted, is deemed to be ineligible to receive the Prize, or if the Prize is returned as undeliverable, the potential winner forfeits the Prize and is disqualified. In the event that a potential Contest winner is disqualified for any reason, an alternate winner will be chosen at random. If after three (3) attempts a Contest winner is not confirmed, the Prize will remain un-awarded.
Potential winner(s) is subject to verification, including verification of eligibility. If an entrant is unable to verify his/her information, the entrant will automatically be disqualified and their prize, if any, will be forfeited. The Sponsor reserves the right to determine an alternate winner in accordance with these Official Rules in the event that that any winner is disqualified, cannot be contacted, or is deemed ineligible for any reason, or is not available to participate in any applicable Contest events.
As a condition of participating in the Contest, entrants agree and acknowledge that in order to receive a prize and be deemed a winner, entrants may need to sign an official waiver form provided by the Sponsor and agree to the terms herein, including but not limited to the prize conditions. If eligible entrants include minors, a parent or guardian of such eligible minor must sign a release on behalf of the minor to be eligible to receive a prize, but the Sponsor reserves the right to refuse to award a prize to or on behalf of any minor. The potential prize winner and, if a potential prize winner who is an eligible minor in his/her state of residence, the potential prize winner’s parent or guardian, may (in Sponsor’s sole discretion) be required to sign and return a declaration of eligibility and any other form necessary to verify eligibility, along with the required releases within twenty four hours after the first delivery attempt to entrants e-mail address in order for the potential prize winner to be qualified for the prize, unless otherwise stated herein or at the time of notification. The potential prize winner’s failure to return all required forms within this time period may result in the potential winner being disqualified and, in such event, the Sponsor may randomly select an alternate winner from among all remaining eligible entries, as determined by Sponsor in its sole and discretion.
6. CONTEST CONDITIONS. This Contest is subject to these Official Rules and all applicable federal, state, and local laws and regulations. (collectively “Rules and Laws”). Obscene, controversial, or offensive entries, or entries disparaging Sponsor or promoting any competitors of Sponsor, will be disqualified in Sponsor’s sole discretion. Any costs of entry, costs of redemption, or costs of receiving a Prize (including all applicable taxes and fees), and any other expenses associated with the Prize not described herein are the sole responsibility of the Winner. Winner, not Sponsor, will be responsible for the tax implications of any Prize. Except where prohibited by law, Winner’s acceptance of Prize constitutes permission of such entrant for Sponsor and its designees to use, without notice, permission or further compensation, worldwide, and in perpetuity, in any and all forms of media, now known and hereafter devised, including, without limitation, on the Sponsor website and social media profiles, Winner’s first name, last name, city and state, social media posts, photograph, likeness, voice, and/or likeness for purposes of advertising, trade, promotion and publicity. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest; to be acting in violation of these Official Rules, or to be acting in a non- sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; and all associated entries will be void. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DAMAGE ANY WEBSITE RELATED TO THE ADMINISTRATION OF THE CONTEST OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, AND TO NOTIFY LAW ENFORCEMENT AUTHORITIES WHO MAY PURSUE CRIMINAL PROSECUTION. In the event Sponsor is prevented from continuing with this Contest (or any portion thereof), or if the administration, integrity, fairness, proper play and/or feasibility of the Contest is undermined by virus, bugs, unauthorized human intervention, technical difficulties or any event or cause (each a “Force Majeure” event), Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Contest without notice or further obligation. In the event Contest is cancelled, the Sponsor reserves the right, but shall have no obligation, to award the Prize from among all non-suspect eligible entries up to the time of such Force Majeure event.
7. LIMITATION OF LIABILITY. By participating, entrants agree to (i) abide by and be bound by these Official Rules and decisions of Sponsor, which shall be final; and binding in all matters relating to this Contest and (ii) to RELEASE AND HOLD HARMLESS Sponsor and its parents, affiliates, subsidiaries, and advertising and promotion agencies, and their respective directors, officers, members, employees, agents and assigns (collectively, the “Released Parties”) against any and all claims and liability, including injuries, losses or damages of any kind, including death, to persons, or property resulting in whole or in part, directly or indirectly from acceptance, use, misuse or redemption of Prize or participation in this Contest, including claims and liability associated with any infringement of third party rights caused by the entrant’s photograph or relating to any privacy or proprietary rights. Released Parties are not responsible for technical, hardware or software, or telephone problems or malfunctions of any kind , lost or unavailable network server, Internet service provider, cable, satellite website, or other connections, or failed, incorrect, incomplete, inaccurate, lost, stolen, misdirected, mutilated, undelivered jumbled, scrambled, garbled or delayed entries; or other electronic communications; or for any errors, problems or malfunctions of any kind whether caused by computer, network, technical, mechanical, printing, typographical, seeding or human error, or otherwise, relating to or in connection with this Contest, including, without limitation, errors, problems or malfunctions which may occur in connection with the administration of the Contest, the processing of entries, the announcement of the Prize or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest.
8. SOCIAL MEDIA PLATFORMS DISCLAIMER. Facebook, Instagram, Twitter, Snapchat, Reddit, and the names, logos, and/or trademarks of any other social media platforms (the “Social Media Platforms”) involved in the Contest are the trademarks and service marks of their respective owners. The Contest is not endorsed, sponsored, or administered by any of the Social Media Platforms. By participating in the Contest, you acknowledge that the Social Media Platforms are not responsible for the Contest and hereby agree to RELEASE AND HOLD HARMLESS all applicable Social Media Platforms from any claims relating to or arising out of the Contest, the Prize, or Sponsor’s administration thereof.
9. USE OF INFORMATION. Information collected from entrants is subject to Sponsor’s privacy policy at the following address: http://www.favordelivery.com/privacy and any other uses described elsewhere in these Official Rules.
10. DISPUTES. Except where prohibited, entrants agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Contest or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Western District of Texas or the appropriate Texas State Courts located in Travis County, Texas; (2) any and all claims, judgments and awards shall 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, shall 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.
11. WINNER’S LIST. The Winner’s name will be posted publicly within a reasonable time following the Selection Date. If it is not posted publicly, a Winner’s list may be obtained within 6 months of the Selection Date by sending a self-addressed, stamped envelope that includes the full name of the Contest to: Favor Contest Winner’s List Request, Attn: Marketing Team, 2416 E. 6th Street, Austin, Texas 78702.
12. SPONSOR. NeighborFavor Inc., 2416 E. 6th Street, Austin, Texas 78702 (“Sponsor” or “Favor”).