Data Transfer, LLC (d/b/a ISM Connect), its subsidiaries, marketing partners and affiliated companies (together, the “Company”), will conduct its contests and sweepstakes (the “Contests”) substantially as described in these general contesting rules (the “Official Rules”), and by participating, each participant agrees as follows:
A. Date of Contest: Contests will run until either (a) the associated prizes are exhausted and/or the corresponding deadlines have passed or (b) the Company, in its discretion, decides to end the Contest.
B. Description of Contest: These Official Rules shall be applicable to each contest or sweepstakes administered by the Company, subject to adjustment based on the specifics of the applicable Contest. The specifics of terms and manner of entry to each Contest will be described in the materials or content promoting such Contests and may differ from Contest to Contest. Some of the aspects of the Contests may be skill-based (e.g., performing certain tasks) and skill may be needed to enter into the eligible pool of Contest participants, but Contest winners, in general, will be awarded at random from the pool of eligible participants. Company reserves the right to make any decisions or interpretations regarding any Contest or its rules and specifically reserves the right to modify any Contest or these Official Rules to comply with applicable law. In the event that Company believes that a participant has violated these rules or acted in a manner inconsistent with fair play or the spirit of the Contest, Company reserves the right to penalize such participant in any manner it deems appropriate in its reasonable discretion including, without limitation, rendering a participant ineligible for certain prizes, increasing the difficulty of such participant claiming the prize or awarding the prize to another participant. Note: In some cases, the Contest and Official Rules may differ based on the specific Contest, and the Company will oversee such Contests in its sole discretion.
Conditions and restrictions may apply as allowed by applicable law. The total approximate retail value of the prize will be determined by the Company. The prize that may be awarded to the eligible winner(s) are not transferable, redeemable for cash or exchangeable for any other prize, except in Company’s sole discretion. Certain prizes may be date specific (e.g., concerts, trips) and the winner or winners must be available on the dates specified. If a winner cannot be contacted or is disqualified for any reason, the Company reserves the right to determine an alternate winner or not to award that winner’s prize, in its sole discretion. In the event prizes are event tickets, Company is not responsible for the cancellation or rescheduling of any event and no substitution or compensation shall be awarded, unless otherwise agreed by the Company in its sole discretion.
Participants and winners must be legal residents of any of the 50 states or the District of Columbia. No one under the age of eighteen (18) will be permitted to enter a Contest under any circumstances. The potential prize winner and, if the potential prize winner is under the age of majority in his or her state of residence (which is eighteen (18) in most states, nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi), the potential prize winner's parent or guardian may (in Company’s sole discretion) be required to sign and return an affidavit of ownership, eligibility, release of liability and prize acceptance agreement in order for the potential prize winner to be qualified for the prize. The potential prize winner's failure to return all required forms within this time period may result in the potential winner being deemed ineligible. Employees of the Company, the Contest’s participating sponsors and members of the immediate family of any such persons are not eligible to participate or win.
(a) The Company, in its sole discretion, reserves the right to disqualify and prohibit from participating any person who the Company determines (in its sole discretion) is: (i) tampering with the Company’s website, app and/or any part of the Contest; (ii) undermining the legitimate operation of the Contest by cheating, deception, or other unfair playing practices; (iii) annoying, abusing, threatening or harassing any other participants; (iv) otherwise violating these Official Rules; and/or (v) attempting to do any of the foregoing.
By participating, where allowed by applicable law, all winner(s) grant the Company exclusive permission to use their names, characters, photographs, voices, and likenesses in connection with promotion of this and other Contests and waive any claims to royalty, right, or remuneration for such use. By participating in the Contest, where allowed by applicable law, participants agree that the Company may use such information for marketing purposes, and may include the names of winners in a publicly available winners’ list.
Where allowed by applicable law, if the entry for the Contest includes any creative material from the participant, including but not limited to, consumer created content, by submitting your entry: (1) you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place the Company or Contest sponsors under any fiduciary or other obligation to you, and that the Company is free to disclose the ideas on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you; (2) you acknowledge that, by acceptance of your submission, the Company and Contest sponsors do not waive any rights to use similar or related ideas previously known to the Company or any such sponsor, or developed by their employees, or obtained from sources other than you; (3) you are verifying that you are the owner and producer of the submitted material and that no third party ownership rights exist to or in any material so submitted; and (4) you are hereby granting the Company a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable (through multiple tiers) right and license to use, publish, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created, anywhere in the world, for any purpose. By submitting content, you warrant and represent that: (a) such content is your original work, (b) such content has not been previously published, (c) such content has not won previous awards, (d) such content does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity, (e) you have obtained permission from each person whose name, likeness or voice is used in such content and (f) publication of such content via various media will not infringe on the rights of any third party rights.
By participating in the Contest, each participant and winner waives any and all claims of liability against the Company, its employees and agents, and the Contest’s sponsors and their respective employees and agents, for any personal injury or loss which may occur from the conduct of, or participation in, the Contest, or from the award, receipt and/or use or misuse of any prize, including any travel related thereto. In order to receive a prize, participants must sign an official waiver form provided by the Company. In no event shall Company be liable for a Contest sponsor’s or any third party’s failure to supply Company or a Contest winner with his or her applicable prize or have any responsibility for the quality thereof.
Any value assigned to the prize(s) for a Contest is based on available information provided to the Company, and the value of any prize awarded to a winner may be reported by the Company for tax purposes as required by law. Each winner is solely responsible for reporting and paying any and all applicable taxes related to the prize(s) and paying any expenses associated with any prize(s) which are not specifically provided for in the Official Rules. At Company’s request, each winner must provide the Company with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Any person winning over $600 in prizes from the Company may receive an IRS form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS.
All decisions will be made by the Company and are final. The Company may waive any of these rules in its sole discretion. Any attempt by an entrant or any other individual to deliberately circumvent, disrupt, damage or undermine the legitimate operation of this Contest may be a violation of criminal and/or civil laws. Should such an attempt be made, the Company reserves the right to seek civil and/or criminal prosecution and/or damages from any such person to the fullest extent permitted by law. The courts of Philadelphia, Pennsylvania shall be the sole and exclusive jurisdiction for any disputes arising hereunder.
Void where prohibited. If the Company does not have the legal authority to conduct a specific Contest in a given state, the residents of such state shall be ineligible to participate in the applicable Contest. Company may require each winner to submit proof of eligibility and sign the Company’s release form to claim the prize. The Company disclaims any responsibility to notify participants of any aspect related to the conduct of the Contest. For a copy of the rules, or where required by law, a list of winners, please contact the Company at email@example.com. As a condition of participating in the Contest, participants agree (and agree to confirm in writing) that: (a) under no circumstances will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or similar damages; (b) all 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 (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred by the participant (including reasonable attorneys’ fees and court costs).
Company is not responsible for incorrect, or inaccurate transcription of entry information, human error, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, theft or destruction or unauthorized access to, or alteration of, entries, for line failures or other failures of any telephone or other network, server, providers, computer equipment, software or any combination thereof, for inability to access any web site or online service or any other error or malfunction, or for late, lost, illegible, misdirected or incomplete entries which may limit an entrant's ability to participate. Company is not responsible for any injury or damage to participants or any other person's computer related to or resulting from participation or downloading any materials in this Contest. Company is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections or failed, incomplete, garbled or delayed software transmissions or any mistake in the printing of these rules or failure to make e-mail notifications, if any, to entrants. Company has no control over whether sponsors will honor the prizes offered and does not guarantee any certain result or experience.
In addition, all parties acknowledge and agree that contests and sweepstakes like these are regulated by each state and/or local government and that these rules do not cover every nuance of applicable law. Therefore, the Company shall retain the discretion to modify the application of these Official Rules or the Contests themselves to comply with any applicable law or any changes thereto.
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
In order to enter the Contests or receive a prize, you must fully comply with the Official Rules and, by entering, you represent and warrant that you agree to be bound by these Official Rules and the decisions of the Company, whose decisions shall be binding and final in all respects relating to the Contests. The Contests are governed by these Official Rules and are subject to all applicable federal, state, and local laws.