Give Us The Floor Yearly Contest Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. OPEN ONLY TO LEGAL RESIDENTS OF THE 48 CONTIGUOUS UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE AT LEAST 13 YEARS OLD AND NO MORE THAN 19 YEARS OLD AS OF THE DATE OF ENTRY.
By entering this Contest, entrants accept and agree to be bound by these official rules (“Rules”). Any violation of these rules may, at Sponsor discretion, result in disqualification. All decisions of the Judges regarding this Contest are final and binding in all respects.
SPONSOR: Give Us The Floor, 456 Montgomery St., Suite 1040, San Francisco, CA 94104
II. CONTEST ENTRY PERIOD: The “Give Us The Floor Content Contest 2018” begins at 12:01 a.m., Pacific Time (“Contest”), January 1, 2019 and ends at 11:59 p.m., PT, December 31, 2019 (the “Contest Period” or “Entry Period”). CONTESTANTS ARE RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS.
III. ELIGIBILITY: The Contest is open only to permanent legal residents of the forty-eight (48) contiguous states of U.S. and District of Columbia (“D.C”), who are thirteen (13) years of age or older at time of entry and no more than 19 years old as of the date of entry. Officers, members, directors and employees of Give Us The Floor, and any of its respective parent companies, affiliated companies, subsidiaries, dealers, franchisees, licensees, distributors, suppliers, subsidiaries, advertising / promotion / judging agencies, persons engaged in the development, production or distribution of materials for this Contest (collectively, the “Released Parties”); and the immediate family members of each (spouse, parent, child, sibling, grandparent and spouse or “step” of each) and those living in the same households of each (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Contest) are not eligible to participate. All federal, state and local laws and regulations apply. Void in Alaska, Hawaii, Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries and where prohibited, taxed or otherwise restricted by law.
IV. REGISTRATION AND SUBMISSION STEPS:
a) Visit www.giveusthefloor.org/teencommunity/ to sign up to participate in the Contest. Follow the prompts to create a User Name and Password.
c) Upload your creation (“Submission”) following instructions on the page (videos, vlogs, photos, graphics, blogs, songs, comics etc.).
d) Your Submission(s) must meet the following criteria: one or several teens are expressing themselves about your/their struggles and experiences so other teens can learn from them and understand they're not alone.
Upon completion of registration and your content Submission, you are deemed a Contestant (“Contestant” or “You”) in this Contest. Contestants are encouraged to be creative and showcase their personality and thoughts.
- The videos must not be longer than 5 min and preferably between 2 and 3 minutes. The resolution must be minimum 960x540. We accept mov and mp4 files
- Your photo/graphics/comics can be accompanied by text or by a blog - the sizes of the files must be minimum 500KB
- The files for music must be mp3,m4a or aac
Submissions must not be inappropriate, indecent or obscene, as determined by Sponsor in its sole discretion. Proof of submission or sending is not proof of receipt by Sponsor. Submissions will not be acknowledged nor returned. Sponsor reserves the right, in its sole and absolute discretion, to refuse to accept any Submission. By entering, Contestant represents and warrants: that the Submission(s) do not infringe on any other person’s or entity’s intellectual property, privacy, publicity or other rights; that every person represented in a Submission has given the Contestant the permission (and, if a minor, the permission of his/her parent or legal guardian) to use his or her recorded image, voice and likeness to participate in this Contest; and that the Contestant has agreed to the Give Us the Floor Terms of Service and these Rules. Sponsor reserves the right to receive a proof of these permissions in a form acceptable to Sponsor from any Contestant at any time. Failure to provide such proof may, if requested, render Submission null and void. Contestant further represents and warrants that the Submission(s): are Contestant’s own original creations; have not been submitted previously in a contest of any kind; fit with the overall theme of the Contest; are in keeping with the Sponsor’s image; and do not contain any virus, worm, Trojan Horse, Easter Egg, time bomb, spyware, malware or any other computer code, file or program that is harmful or invasive or that may or is intended to damage, hijack the operation of or monitor the use of any website, hardware, software of network.
- Contestants may submit multiple Submissions with different kinds of content.
- Contestants who enter purposely multiple times the same content will be disqualified.
Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration or Submission, the authorized account holder of the email address used to register will be deemed to be the Contestant. The “authorized account holder” is the natural person assigned an e-mail address by an Internet access provider, online service 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.
If you remove or edit any Submission before the expiration of the applicable Contest Period, such Submission shall no longer qualify to participate in the Contest and you will be required to re-post your Submission in order to make any additional Submissions for the Contest. This Contest may be canceled in the event an insufficient number of qualified Submissions are received that meet the minimum standards established by the Sponsor or Judges. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to Contestants. Released Parties and any Internet access providers are not responsible for incorrect or inaccurate entry of information, human error, technical malfunction, lost/delayed data transmission, omission, interruption, deletion, defect, line failure of any telephone, computer or other network, computer equipment, software or any combination thereof, inability to access the Website, for problems uploading or downloading any Submission-related materials from the Website, or for late, lost, damaged, misdirected, incorrect or incomplete entry. Sponsor may disqualify a Contestant with an unverified email address. For purposes of these Rules, receipt of Submission occurs when Sponsor’s servers successfully receive the uploaded file and record the required entry information including the following: Contestant’s Username, zip code, email address and any other information on the Website. Certain Submissions may be featured from time to time on the Website or in advertising during the Contest Period, in Sponsor’s sole discretion; being selected as a featured Submission does not guarantee selection of a Winner in this Contest.
VI. JUDGING CONTEST WINNERS: Every 10th day of each calendar month during the Contest Period, Submissions entered in the previous calendar month and best addressing, in the sole and absolute discretion of judges chosen by the Sponsor (“Judges”), teens’ challenges will be chosen by the Judges and the Contestants who submitted such Submissions will be selected as winners (“Winners”).
By submitting a Submission, a Contestant acknowledges and agrees that the Sponsor may obtain many Submissions under this Contest and that such Submissions may be similar or identical in theme, idea, format or other respects to others submitted under this Contest and/or other promotions staged and/or sponsored by the Sponsor, and waive any and all claims a Contestant may have had, may have, and/or may have in the future, that any Submissions accepted, reviewed and/or used by the Sponsor (or its designees) may be similar to his/her Submission. Except where prohibited by law, each Contestant acknowledges and agrees that the Sponsor do not have now, nor shall they have in the future, any duty or liability, direct or indirect, vicarious, contributory or otherwise with respect to the infringement or protection of any copyright in and to Contestant’s Submission. By entering a Submission, Contestant hereby grants permission for the Submission to be posted on the Website, Facebook, Instagram, Twitter, Tumblr, Snapchat, Google+ or other Sponsor websites or social media platforms. A Contestant agrees that the Released Parties are not responsible for any unauthorized use of Submissions by third parties. Released Parties do not guarantee the posting of any Submission. Contestants agree that they will not use their respective Submissions for any other purpose, including, without limitation, posting the Submission to any other online social networks, without the express consent of Sponsor in each instance. IMPORTANT: Be sure to save your Submission in the original format after uploading it. If you are selected as a potential Winner, you agree that you will provide Sponsor with your Submission in its original format in order for the Submission to be used in future advertising, PR or promotions. The Sponsor assumes no responsibility for lost, late, misdirected or damaged Submissions, including Submissions that may be delayed in transmission. No incomplete, illegible or otherwise invalid Submissions will be accepted. Sponsor reserves the right to select fewer than the herein stated number of potential Winners, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions.
The decisions of the Judges are final and not subject to challenge and/or appeal. If Sponsor does not receive a sufficient number of eligible and qualified Submissions, and/or if any Winner fails to respond to phone call or email in two (2) days, Sponsor reserves the right to disqualify any potential Winner and post fewer than ten Winners or no Winners. If a potential Winner is found not to be eligible or not in compliance with these Rules the potential Winner will be disqualified, even if the disqualified potential Winner’s name may have been shown/announced online, and an alternate may be selected. Sponsor may announce the Winners’ first name and state of residence online. Released Parties shall not have any responsibility or liability whatsoever for any property loss, damage, personal injury, or death, in connection with any person’s participation in the Contest or any Prize awarded herein.
ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. A CONTESTANT IS NOT A WINNER UNLESS AND UNTIL CONTESTANT’S ELIGIBILITY HAS BEEN VERIFIED AND CONTESTANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
VII. WINNER NOTIFICATION AND PRIZE RELEASES:
Potential Winners will be notified by e-mail and/or phone. In order to remain eligible, a Winner (if a minor, his/her parent or legal guardian) must sign and return, as instructed by Sponsor, an affidavit of eligibility, release and indemnification and a publicity release (each in the form provided by Sponosor and collectively, the “Prize Acceptance Release”) where allowed by law, as well as other documents that Sponsor may require. Winner (if a minor, his/her parent or legal guardian) agrees that a facsimile copy and scan sent by email or other electronic mode of such documents shall have the same legal effect as the originals; however, Winner must provide original documents to Sponsor prior to issuance of any Prizes. If potential Winner does not reply to such notification nor return the required documents within the applicable time period and/or if the e-mail notification is returned as undeliverable after 2 attempts, such potential Winner may be disqualified and an alternate Winner may be selected.
VIII. CONTEST PRIZES (“PRIZES”), EACH MONTH:
NO CONTEST IS ON NOW
Prizes will be shipped to the Winners per the address provided on the Prize Release form or send via email. Invalid and/or incomplete or undeliverable addresses may result in disqualification. Please allow 4 weeks for prize delivery.
Sponsor is not responsible for discontinuation of the Prize products or for other circumstances that make it impractical or impossible to fulfill elements of the Prizes. Sponsor reserves the right, at its sole discretion, to substitute any Prize with another Prize of equal or greater value in the event that the herein described Prize (or any component thereof) is not available.
X. GENERAL TERMS & CONDITIONS OF PRIZE: Winners are required to comply with any and all applicable federal, state and local laws, rules and regulations, and the value of any Prize awarded to a Winner may be reported for tax purposes as required by law. The Winners will be solely responsible for all federal, state and/or local taxes and for any other fees or costs associated with the Prize they receive. If any potential Winner is found to be ineligible, or if he or she has not complied with these Official Rules, or declines a Prize for any reason prior to award, such potential Winner may be disqualified and an alternate potential Winner may be selected. All properly claimed Prizes will be awarded. The Sponsor and its agents are not in any way responsible or liable for damages resulting from shipping and handling, loss, use or misuse of any Prize awarded in this Contest.
A Winner’s acceptance of a prize constitutes permission for the Sponsor to use the Winner’s first name, photograph, likeness, statements, biographical information, voice and address (city and state) for any and all public relations, advertising and/or promotional purposes as determined by Sponsor, in all forms of media and by all manners (now and hereafter known), in perpetuity, without further notice, consent, review or approval or further compensation, except to the extent prohibited by applicable law.
XI. OPT-IN: By entering the Contest, you consent for the Sponsor to obtain, use, and transfer your name, address and other information for the purpose of administering this Contest. If you opt-in, you authorize the Sponsor to send information via e-mail, to the e-mail address entered on entry form, about its products and services. You may opt out of receiving future e-mails from the Sponsor by clicking on the link contained in any e-mail received. You will remain eligible for this Contest whether or not you opt out of receiving promotional e-mails from Sponsor.
XII. RELEASE AND LIMITATION OF LIABILITY:
By participating in the Contest, you agree to release the Released Parties from and against any claim or cause of action arising out of or related to, directly or indirectly, in whole or in part, your participation in the Contest, creation of your Submission(s), or receipt, use or misuse of any prize, including, but not limited to: (a) disputes, claims, causes of action, or controversies (“Disputes”) that your Submission(s) violates any intellectual property, publicity, or other rights; (b) Disputes arising from any use or other exploitation of, or failure to use or exploit, your Submission(s); (c) Disputes arising from any breach or alleged breach by you of these Rules; (d) Disputes arising from unauthorized human intervention in the Contest; (e) Disputes arising from technical or printing errors; (f) Disputes arising from lost, late, postage-due, misdirected, or undeliverable mail or email; (g) Disputes arising from errors in the administration of the Contest or the processing of entries; (h) Disputes arising from injury, death, or damage to persons or property; or (i) Disputes based on defamation, infringement of intellectual property rights or on the rights of publicity or privacy. You further agree that in any cause of action, the Released Parties’ liability will be limited to the actual out-of-pocket costs associated with participating in the Contest, and in no event shall the Released Parties be liable for attorneys’ fees. YOU WAIVE ANY RIGHTS OR CLAIMS TO INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY SO THE ABOVE MAY NOT APPLY TO ALL ENTRANTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
If for any reason this Contest is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the reasonable control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, the Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest in whole or in part, at any time, without notice and select Winners from among non-suspect, eligible Submissions received as of or after (if applicable) such termination or suspension date. Inclusion in such selection process shall be each Contestant’s sole and exclusive remedy under such circumstances. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Submissions. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or Submission to be received on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to Contestant’s or any other person’s computer relating to or resulting from participation in this Contest or downloading any materials in this Contest.
XIII. DISPUTE RESOLUTION: The terms of this Agreement are governed by the laws of the United States (including federal arbitration law) and the State of California, U.S.A., without regard to its principles of conflicts of law, and regardless of your location.
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND THE SPONSOR, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT COMPANY AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. EXCEPT AS PROVIDED BELOW REGARDING THE CLASS ACTION WAIVER, SUCH DISPUTES INCLUDE, WITHOUT LIMITATION, DISPUTES ARISING OUT OF OR RELATING TO INTERPRETATION OR APPLICATION OF THIS ARBITRATION PROVISION, INCLUDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE ARBITRATION PROVISION OR ANY PORTION OF THE ARBITRATION PROVISION. ALL SUCH MATTERS SHALL BE DECIDED BY AN ARBITRATOR AND NOT BY A COURT OR JUDGE. HOWEVER, AS SET FORTH BELOW, THE PRECEDING ARBITRATION REQUIREMENT SHALL NOT APPLY TO DISPUTES TO THE EXTENT RELATING TO THE INTERPRETATION OR APPLICATION OF THE CLASS ACTION WAIVER BELOW, INCLUDING ITS ENFORCEABILITY, REVOCABILITY OR VALIDITY.
YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
Notwithstanding anything to the contrary in this Section or any other provision of this Agreement or in the American Arbitration Association’s Consumer Arbitration Rules, disputes regarding the enforceability, revocability or validity of the foregoing class action waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which (1) the dispute is filed as a class, collective, or representative action, and (2) there is a final judicial determination that all or part of such class action waiver is unenforceable, then the class, collective, and/or representative action, to that extent, must be litigated in a civil court of competent jurisdiction, but the portion of such class action waiver that is enforceable shall be enforced in arbitration.
The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/aaa/ShowProperty?nodeId=/UCM/ADRSTAGE2021425&revision=latestreleased. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator.
The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
XIV. WINNERS LIST: The winners lists will be posted on giveusthefloor.org within 15 days after the end of each month for a minimum of 20 days.
XV. MISCELLANEOUS: The names of individuals, groups, companies, products and services mentioned herein, and any corresponding likenesses, logos and images thereof reproduced herein, have been used for identification purposes only and may be the copyrighted properties and trademarks of their respective owners. The mention of any individual, group or company, or the inclusion of a product or service as a prize, does not imply any association with or endorsement by such individual, group or company or the manufacturer or distributor of such product or service and, except as otherwise indicated, no association or endorsement is intended or should be inferred. The invalidity or un-enforceability of any provision of these Rules or the Prize Acceptance Release will not affect the validity or enforceability of any other provision. In the event that any provision of the Rules or the Prize Acceptance Release is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any provision of these Rules will not constitute a waiver of that provision. For Contestant, to the extent there is a conflict between these Rules and any other notices, policies or agreements posted on the Website, these Rules shall govern.