PhiladelphiaDANCE.org REWARDS PROGRAM
Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. VALID IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY. ENTRY IN THIS CONTEST CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES.
PhiladelphiaDANCE.org REWARDS PROGRAM (the “Contest”) is designed to promote dance in Philadelphia to the public (“Entrant(s)” or “You”) Winning entries and prizes will be awarded in accordance with these Official Rules (the “Rules”).
1. BINDING AGREEMENT: In order to enter the Contest, you must agree to the Rules. Therefore, please read these Rules prior to entry to ensure you understand and agree. You agree that submission of an entry in the Contest constitutes agreement to these Rules. You may not submit an entry to the Contest and are not eligible to receive the prizes described in these Rules unless you agree to these Rules. These Rules form a binding legal agreement between you and PhiladelphiaDANCE.org with respect to the Contest.
2. ELIGIBILITY: To be eligible to enter the Contest, an Entrant must: (a) be a U.S. citizen or permanent U.S. legal resident; (b) be of legal age to participate in this contest. Contest is void in Puerto Rico, U.S. territories and possessions, outside of the U.S., and where prohibited by law. Employees, interns, contractors, and official office-holders of PhiladelphiaDANCE.org, and its parent company, subsidiaries, affiliates, and their respective directors, officers, employees, advertising and promotion agencies, representatives, and agents (“Contest Entities”), and members of the Contest Entities’ and their immediate families (parents, siblings, children, spouses, and life partners of each, regardless of where they live) and members of the households (whether related or not) of such employees, officers and directors are ineligible to participate in this Contest.
3. SPONSOR: The Contest is sponsored by PhiladelphiaDANCE.org Inc. (“PhiladelphiaDANCE.org” or “Sponsor”),with principal place of business at 204 Owen Avenue, Lansdowne, PA 19050, USA.
4. CONTEST PERIOD: The Contest begins on January 15th, 2013 12pm Eastern Time (ET) Zone in the United States and ends on February 1 , 2013, 11:59 Eastern Time (ET) Zone (“Contest Period”). All dates are subject to change.
5. HOW TO ENTER: NO PURCHASE NECESSARY TO ENTER OR WIN. To enter the Contest, visit the Contest website located at http://www.philadelphiadance.org/rewards/claim.php?c=DanceClass and follow the instructions to make the required Twitter post.
6. Notification of Finalists and Winners: Becoming a finalist is subject to validation and verification of eligibility and compliance with all the terms and conditions set forth in these Rules. If a potential finalist or winner is disqualified for any reason, another random drawing will be immediately held. The potential finalist(s) and winner(s) will be selected and notified by twitter direct message and subsequent email, at Sponsor’s discretion. If a potential finalist/winner does not respond to the notification attempt within three (3) days from the first notification attempt, then such potential finalist/winner may be disqualified and an alternate potential finalist/winner will be selected from among all eligible entries received based on the judging Criteria described herein. Except where prohibited by law, each potential state finalist/winner may be required to sign and return an Affidavit of Eligibility and Liability and Publicity Release and provide any additional information that may be required by Sponsor. If required, potential finalists/winners must return all such required documents via fax (or as otherwise instructed) within forty-eight (48) hours and via U.S. Mail within seven (7) days following attempted notification or such potential finalist/winner will be deemed to have forfeited the prize and another potential finalist/winner may be selected based on the judging Criteria described herein. In the event the potential finalist/winner is a minor, his or her parent or legal guardian must sign the documents and return them as described herein. All notification requirements, as well as other requirements within these Rules, will be strictly enforced. Determinations of Judges are final and binding.
8. PRIZES:
The time of the prize distribution will be provided to winners in the prize acceptance documents but will not be earlier than four (4) weeks from Sponsor’s receipt of prize acceptance documents from winners. No transfer, substitution or cash equivalent for prizes is allowed, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize, in whole or in part, of equal or greater monetary value if a prize cannot be awarded, in whole or in part, as described for any reason. Value is subject to market conditions, which can fluctuate and any difference between actual market value and actual retail value will not be awarded. The prize(s) may be subject to restrictions and/or licenses and may require additional hardware, software, service, or maintenance to use. The winner shall bear all responsibility for use of the prize(s) in compliance with any conditions imposed by such manufacturer(s), and any additional costs associated with its use, service, or maintenance. Sponsor has not made and is not responsible in any manner for any warranties, representations, or guarantees, express or implied, in fact or law, relating to the prize(s), regarding the use, value or enjoyment of the prize(s), including, without limitation, its quality, mechanical condition, merchantability, or fitness for a particular purpose, with the exception of any standard manufacturer's warranty that may apply to the prize or any components thereto.
9. TAXES: AWARDS OF PRIZES TO POTENTIAL WINNERS ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO PhiladelphiaDANCE.org ALL DOCUMENTATION REQUESTED BY PhiladelphiaDANCE.org TO PERMIT IT TO COMPLY WITH ALL APPLICABLE STATE, FEDERAL AND LOCAL TAX REPORTING ALL PRIZES WILL BE NET OF ANY TAXES PhiladelphiaDANCE.org IS REQUIRED BY LAW TO WITHHOLD. TO THE EXTENT PERMITTED BY LAW, ALL TAXES IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNERS. In order to receive a prize, potential winners must submit tax documentation requested by PhiladelphiaDANCE.org or otherwise required by applicable law, to PhiladelphiaDANCE.org or a representative for PhiladelphiaDANCE.org or the relevant tax authority, all as determined by applicable law. The potential winner and finalists are responsible for ensuring that they comply with all the applicable tax laws and filing requirements. If a potential winner fails to provide such documentation or comply with such laws, the prize may be forfeited and PhiladelphiaDANCE.org may, in its sole discretion, select an alternate potential winner.
10. GENERAL CONDITIONS: All federal, state and local laws and regulations apply. PhiladelphiaDANCE.org reserves the right to disqualify any Entrant from the Contest if, in PhiladelphiaDANCE.org’s sole discretion, it reasonably believes that the Entrant has attempted to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other entrants, PhiladelphiaDANCE.org, or the Judges.
11. INTELLECTUAL PROPERTY RIGHTS: As between PhiladelphiaDANCE.org and the Entrant, the Entrant retains ownership of all intellectual and industrial property rights (including moral rights) in and to the Doodle (excluding PhiladelphiaDANCE.org’s rights in the PhiladelphiaDANCE.org logo/trademark). As a condition of entry, Entrant grants PhiladelphiaDANCE.org a perpetual, irrevocable, worldwide, transferable, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, publish, distribute, publicly perform, create a derivative work from, and publicly display the Doodle for any purpose, including display on the PhiladelphiaDANCE.org website, without any attribution or compensation to Entrant. Entries will not be returned.
12. PRIVACY: Entrants agree that personal data submitted with an entry, including name, mailing address, phone number, and email address may be collected, processed, stored and otherwise used by Sponsor and its affiliates for the purposes of conducting and administering the Contest. By entering the Contest, Entrants agree to the transmission, processing, disclosing and storage of this personal data by Sponsor and its affiliates. All personal information that is collected from the Entrant is subject to PhiladelphiaDANCE.org’s Privacy Policy. Entrants have the right to access, review, rectify or cancel any personal data held by Sponsor in connection with the Contest by writing to PhiladelphiaDANCE.org If an Entrant does not provide the data required at entry, that Entrant’s entry may be ineligible.
13. PUBLICITY. By entering the Contest, Entrants agree to participate in any media or promotional activity resulting from the Contest as reasonably requested by PhiladelphiaDANCE.org at PhiladelphiaDANCE.org’s expense and agree and consent to use of their name and/or likeness by PhiladelphiaDANCE.org. PhiladelphiaDANCE.org will contact Entrants in advance of any PhiladelphiaDANCE.org-sponsored media request for interviews.
14. INDEMNITY:
To the maximum extent permitted by law, Entrant indemnifies and agrees to keep indemnified Sponsor at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Entrant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, Entrant agrees to defend, indemnify and hold harmless Sponsor from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from: (i) any Doodle or other material uploaded or otherwise provided by Entrant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy; (ii) any misrepresentation made by Entrant in connection with the Contest; (iii) any non-compliance by Entrant with these Rules; (iv) claims brought by persons or entities other than the parties to these Rules arising from or related to Entrant’s involvement with the Contest; (v) acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in the Contest; (vi) any malfunction or other problem with the Contest Site in relation to the entry and participation in the Contest by Entrant; (vii) any error in the collection, processing, or retention of entry or voting information in relation to the entry and participation in the Contest by Entrant and in the voting process by consumers; or (viii) any typographical or other error in the printing, offering or announcement of any prize or winners in relation to the entry and participation in the Contest by Entrant.
15. ELIMINATION. Any false information provided within the context of the Contest by Entrant concerning identity, mailing address, telephone number, email address, ownership of right or non-compliance with these Rules or the like may result in the immediate elimination of the entrant from the Contest.
16. INTERNET AND DISCLAIMER. PhiladelphiaDANCE.org is not responsible for any malfunction of the entire Contest Site or any late, lost, damaged, misdirected, incomplete, illegible, undeliverable, or destroyed Doodles or votes due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet or at the Contest Site, or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit Entrant’s/consumer’s ability to participate/vote respectively. PhiladelphiaDANCE.org is not responsible for the policies, actions, or inactions of others, which might prevent Entrant from entering, participating, and/or claiming a prize in this Contest. Sponsor’s failure to enforce any term of these Rules will not constitute a waiver of that or any other provision. Sponsor reserves the right to disqualify Entrants who violate the rules or interfere with this Contest in any manner. If an Entrant is disqualified, Sponsor reserves the right to terminate that Entrant’s eligibility to participate in the Contest.
17. RIGHT TO CANCEL, MODIFY OR DISQUALIFY. If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, PhiladelphiaDANCE.org reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest. PhiladelphiaDANCE.org further reserves the right to disqualify any Entrant who tampers with the submission process or any other part of the Contest or Contest Site. Any attempt by an Entrant to deliberately damage any web site, including the Contest Site, or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, PhiladelphiaDANCE.org reserves the right to seek damages from any such Entrant to the fullest extent of the applicable law.
18. NOT AN OFFER OR CONTRACT OF EMPLOYMENT: Under no circumstances shall participation in the Contest, the awarding of a prize, or anything in these Rules be construed as an offer or contract of employment with either PhiladelphiaDANCE.org, or the Contest Entities. Entrants acknowledge that they submitted their tweet voluntarily and not in confidence or in trust. Entrants acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between Entrant and PhiladelphiaDANCE.org or the Contest Entities and that no such relationship is established by Entrant’s submission of a Doodle under these Rules.
19. FORUM AND RECOURSE TO JUDICIAL PROCEDURES: These Rules shall be governed by, subject to, and construed in accordance with the laws of the State of Pennsylvania, United States of America, excluding all conflict of law rules. If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Contest are hereby excluded, and Entrants expressly waive any and all such rights.
20. ARBITRATION: By entering the Contest, you agree that exclusive jurisdiction for any dispute, claim, or demand related in any way to the Contest will be decided by binding arbitration. All disputes between you and PhiladelphiaDANCE.org of whatsoever kind or nature arising out of these Rules, shall be submitted to Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect in the Philadelphia, Pennsylvania, USA area, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred.
22. WINNER’S LIST: You may request a list of winners after a contest has ended by sending a self addressed stamped envelope to:
PhiladelphiaDANCE.org
204 Owen Avenue, Lansdowne, PA 19050, USA