The Stars, Stripes, & Shopping Lists Challenge (the “Contest”) is intended for participation in the UNITED STATES only, and shall be construed and evaluated according to the laws Of the United States. VOID WHERE PROHIBITED.
- ELIGIBILITY: To enter the Contest, you must (a) be a lawful permanent resident of the United States; (b) over the age of 18 years old as of June 24, 2014. If an entrant has committed or commits any act or becomes involved in any situation or occurrence which brings or may bring the entrant into public disrepute or that may reflect unfavorably upon Sponsor (as defined below), Sponsor shall have the right, in its sole discretion, to disqualify the entrant at any point during the Contest. This Contest is void outside United States, and where prohibited. This Contest is void where prohibited by law. Employees of Mobestream Media Inc. (“Sponsor”) provider of the Key Ring mobile application (“Key Ring App”) and its respective parents, affiliates, subsidiaries, affiliates, retailers, and advertising or Contest agencies, prize providers and vendors involved in this Contest (collectively, “Contest Entities”), and their immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and household members of all such persons, whether or not related, are not eligible to participate in this Contest .
- TIMING: Contest will run beginning on June 27, 2014 at 12:00 a.m. Central Time (“CT”) and ending on July 4, 2014 at 11:59 p.m. CT. Sponsor’s computer is the official time keeping device for this Contest.
- HOW TO ENTER: Entrants must (1) Create a shopping list in Key Ring app entitled “4th of July” 2) Add at least five (5) items to the shopping list. Entrants may gain one (1) extra entry by emailing a photo of the contents of their 4th of July shopping cart to firstname.lastname@example.org between June 27, 2014 and July 4, 2014.
- SUBMISSION REQUIREMENTS: The Submission must meet the following additional “Submission Requirements”: (i) only one 4th of July list per entrant and per Key Ring account, and (ii) the Submission, including any emails related to the Submission, must not include images that are obscene, unlawful, pornographic, libelous, hate speech or otherwise objectionable or inconsistent with the image of Key Ring. Any Submission that, in Sponsor’s good faith judgment, violates the Submission Requirements will be disqualified. Any Submission that is considered by Sponsor in its sole and absolute discretion to violate the rules will be disqualified and will not be eligible for entry. Shopping lists that are not created in Key Ring app between 12:00 a.m. CT June 27, 2014 and 11:59 p.m. CT July 4, 2014 will not be considered for entry and are void.
- LIMITATIONS: Any other method of entry or attempt to subvert the entry process is prohibited, and all such entries will be void. Creation of multiple Key Ring accounts or email accounts will result in disqualification. Proof of submission is not proof of receipt. Released Parties (as defined below) are not responsible for lost, late, misdirected, damaged, incomplete, delayed, undelivered, garbled, or inaccurate entries, or emailed Submissions, all of which will be void. In the event of a dispute as to who submitted an entry, entries will be deemed made by the owner of the Key Ring account from which the shopping list was created and he/she must comply with these Official Rules.
6. PRIZES: Representatives of the Sponsor will review the eligible Submissions and select three (3) winners from among all eligible Submissions received during the applicable Contest Period at random. Sponsor is under no obligations to notify entrants of scoring total, place, or algorithm. Winners will be announced and notified within five (5) business days after the close of the Contest Period. Decisions of the Sponsor will be final and binding in all matters relating to this Contest. For the Prize: The contest winners will receive one (1) VISA gift card valued at $25. The Campaign will launch at 12:00pm CST on June 27, 2014 and will end at 11:59pm CST on July 4, 2014. No cash equivalent will be awarded, all prizes are non-transferable, and no substitution will be made except as provided herein at the Sponsor’s sole discretion.
7.WINNER NOTIFICATION: Attempts to notify potential winners will be made by Sponsor’s email account, email@example.com, by emailing the potential winners’ email address associated with the Key Ring account used to enter the contest (the “Prize Notification”). Potential winners will be required to respond (as directed) to the notification they receive within forty-eight (48) hours (“Required Response Time”) of first attempted notification. In the event that any potential winner does not respond to such Prize Notification within the Required Response Time or fails to provide Sponsor all information necessary to receive the Prize, a disqualification and Prize forfeiture will result and, at Sponsor’s sole discretion and time permitting, an alternate potential winner shall be chosen from among all remaining eligible Submissions. In the event that any potential winner does not respond to such a Prize Notification within the Required Response Time or fails to provide Sponsor all information necessary to receive the Prize, a disqualification and Prize forfeiture will result and, at Sponsor’s sole discretion and time permitting, an alternate potential Prize winner shall be chosen from among runner-ups or remaining eligible Submissions. Potential winners may be required to provide proof of identity, age and eligibility and, except as prohibited by law, to sign affidavits of eligibility and a publicity and liability release in order to receive the Prize. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules in any way or declines the prize for any reason prior to award, such potential prize winner may be disqualified, in which case his/her Prize will be forfeited. In the event of forfeiture for any reason, Sponsor, in its sole discretion, may select an alternate potential winner from among the remaining eligible entries in that Contest Period and notify him/her in the manner provided above. If necessary, Sponsor will repeat this process up to three (3) times, after which the Prize in question may go un-awarded if it remains unclaimed. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by the potential winner for any reason.
8. CONTEST CONDITIONS: Participation in this promotion is subject to the official rules. This Contest is subject to these Official Rules and all applicable federal, state, and local laws and regulations (collectively “Rules and Laws”). 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, winner’s first name, last name, city and state, photograph, likeness, opinion, voice (if applicable), and web log name/avatar for purposes of advertising, trade, Contest and publicity. Sponsor may require winner to execute a publicity and/or liability release and affidavit of eligibility. 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 THE KEY RING WEBSITE OR 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.
9. LIMITATIONS OF LIABILITY: By participating, entrants agree to (i) abide by and be bound by these Official Rules and the decisions of Sponsor, which shall be final and binding in all matters relating to this Contest and (ii) to release and hold harmless the Contest Entities, and their respective directors, officers, members, employees, agents, licensees, successors and assigns (collectively, the “Released Parties”) against any and all claims and liability, including injuries, losses or damage of any kind to persons (including death) or property, resulting in whole or in part, directly or indirectly, from acceptance, use, misuse, non-use or redemption of any prize or participation in this Contest. Released Parties are not responsible for technical, hardware or software, problems or malfunctions of any kind, lost or unavailable network server, mobile carrier, Internet service provider (ISP), 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, 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 prizes 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. Except where prohibited, entrant agrees that: (i) 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 state or federal courts in Dallas, Texas with a waiver of a jury trial; (ii) 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, attorney’s fees; and (iii) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claims of, 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, and such liability, if any, shall be limited to the prescribed value of the Prize. 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.