Clark.com FinCon Social Contest
1. NO PURCHASE NECESSARY TO ENTER OR TO WIN. ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. MUST HAVE A TWITTER ACCOUNT.
EXCEPT FOR THE MARKS OF THE SPONSOR (ADDRESSED BELOW), ENTRY MUST NOT FEATURE ANY THIRD-PARTY TRADEMARKS, LOGOS, TRADE DRESS, OR PROMOTION OF ANY BRAND, PRODUCT, OR SERVICE. VOID WHERE PROHIBITED.
2. Eligibility. Subject to the additional restrictions below, the Clark.com FinCon Social Contest (the “Contest”) is open to legal U.S. residents (excluding Puerto Rico) who are 18 years or older and are physically located in the U.S. at the time of entry. Employees of Cox Media Group (“Sponsor”), Fans 1st Media, and each of its respective affiliated companies, subsidiaries, and advertising and promotional agencies, and the family members of, and any persons domiciled with, any such employees, are not eligible to enter or to win. The term “family members” includes spouses, parents, grandparents, siblings, children, grandchildren and in-laws, regardless of where they live. Persons belonging to or affiliated with a professional acting, theater, or film-making organization, such as SAG or AFTRA, are not allowed to compete in the Contest or participate in any entry. Professional actors and filmmakers, whether full-time or part-time, are allowed to compete so long as they do not belong to any professional organizations connected with the entertainment industry that would cause Sponsor to pay the entrant or any other person a fee or any other benefit for taking part in any Contest event.
3. How To Enter. The Contest will begin at 6:00 a.m. EST on Wednesday, September 21, 2016, and end at 4:30 pm EST on Thursday, September 22, 2016 (the “Contest Period”). Sponsor will be the official timekeeper for the Contest.
To participate, you must have Twitter® account that is open to the public (an account where anyone can view your photos). You are not eligible to participate if your Twitter account is set to the private option (where a user must approve all follow requests). If you are not a registered user of Twitter, you can download any of their mobile apps for free to sign up for Twitter.
To enter, complete the following steps:
- Sign in to your personal Twitter account;
- Follow @clarkhoward;
- Tweet a picture of yourself wearing the green “Clark.com” hat provided at FinCon 2016;
- Include the hashtags “#ClarkCash” and “#contest” in your tweet.
You may enter the Contest as often as you like, but a maximum of one (1) prize will be awarded per person.
The use of multiple identities and/or accounts is prohibited, and any attempt to obtain more than the stated number of entries will void that participant’s entries and may result in participant’s disqualification. Incomplete, forged, altered, automated, mechanically-reproduced, lost, late, misdirected, garbled, or illegible entries, or entries that do not meet the size or formatting requirements specified above, will be disqualified. Sponsor will not be responsible for failure to receive entries due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning of any network, hardware or software, whether originating with sender, Sponsor, or Sponsor’s Contest application service provider. In the event of a dispute, all online entries will be deemed to have been submitted by the owner of the ISP account from which they were sent, provided that such person satisfies all other Contest eligibility requirements. For these purposes, an ISP account holder shall mean the natural person assigned to such ISP account by the Internet access provider, online service provider or other organization responsible for assigning ISP addresses for the domain associated with such ISP account.
All entries become property of Sponsor and none will be returned. Any questions regarding the number of entries submitted or the owner of an ISP account shall be determined by Sponsor in its sole discretion, and Sponsor reserves the right to disqualify any entries by persons who submit false or misleading entry information or who Sponsor determines to be tampering with or abusing any aspect of the Contest.
4. Entry Restrictions. Your entry (1) cannot depict trademarked apparel; (2) must be suitable for a general audience; (3) cannot contain any nudity, sexually explicit, disparaging, libelous or other inappropriate content (all as determined in the sole discretion of Sponsor); (4) cannot contain any commercial content that promotes any product(s) or service(s) other than Sponsor; (5) cannot depict any individual other than you and other persons whose valid consent you have obtained for the use of their images in this Contest; and (6) cannot contain any trademarks, copyrighted works or other intellectual property (other than works and intellectual property that you own, or for which you have obtained royalty-free rights for Sponsor to use in connection with this Contest (collectively, “Authorized Assets”). Any elements appearing in your entry must be entirely original, created by you, be in the public domain, or be an Authorized Asset. Use of any materials that are not original to you, not in the public domain, or that are not an Authorized Asset may result in disqualification. Sponsor reserves the right to disqualify any entry that violates the foregoing restrictions, as determined by Sponsor in its sole discretion.
5. Winner Selection.
At the end of the Contest Period, a judging panel consisting of individuals selected by Sponsor will select four (4) winners, based on the following criteria (“Criteria”):
- Creativity (80%)
- Appropriateness to the theme (20%)
The entrants with the highest cumulative scores will be designated the winners.
6. Prize Description.
Four (4) Grand Prizes: Subject to verification of eligibility and compliance with these Official Rules, each Grand Prize Winners will receive $250. Prize will be awarded in a form to be determined in Sponsor’s sole discretion.
Total approximate retail value of all prizes awarded: $1,000.
Limit: One (1) prize per person and per household.
7. Winner Notification and Acceptance. Potential winners will be notified on or about Thursday, September 22, 2016 after 4:30 p.m. EST via Twitter Direct Messages. Entry into the Contest shall be deemed consent to record any telephone conversation between a potential winner and Sponsor in the event the Sponsor notifies the winner by telephone.
In order to claim a prize, potential winners must respond to Sponsor’s notification forty-eight (48) hours.
Potential winners may be required to complete an affidavit of eligibility, and a liability and publicity release (except where prohibited by law), which must be notarized and returned within forty-eight (48) hours of notification
Sponsor’s inability to reach a potential winner after a reasonable (as solely determined by Sponsor) effort has been made, the failure of a potential winner to timely respond to a prize notification, the return of any prize notification as undeliverable.
A PARTICIPANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL SPONSOR HAS COMPLETED ITS VERIFICATION OF PARTICIPANT’S ELIGIBILITY.
A winner may waive the right to receive a prize. Prizes are non-assignable and nontransferable and cannot be redeemed for cash. No substitutions allowed by winner. Prizes and individual components of prize packages are subject to availability. Sponsor reserves the right to substitute prizes or components of prize packages with a prize or component of equal or greater value. Winner is solely responsible for reporting and payment of any taxes on a prize. Winner may be required to provide his/her valid Social Security Number to Sponsor for tax purposes and/or complete an IRS W-9 form in order to claim a prize. Winners are solely responsible for all federal, state and local taxes on prize value and, as applicable, will be issued an IRS Form 1099 based on the prize value determined by Sponsor. Prizes not won and claimed by eligible winners in accordance with these Official Rules will not be awarded and will remain the property of Sponsor.
Prizes won by minors will be awarded to the winner’s parent or legal guardian, who must sign any affidavit or release required by Sponsor. If Grand Prize winner is a minor, then his/her guest must be his/her parent or legal guardian. A legal guardian must provide written proof of guardianship.
8. Participation. By participating, participants agree to be bound by these Official Rules and the decisions of Sponsor and any Contest judges or administrators selected by Sponsor which are final and binding in all respects. Sponsor reserves the right to disqualify persons found tampering with or otherwise abusing any aspect of this Contest as solely determined by Sponsor. Sponsor reserves the right to cancel or modify the Contest for any reason, including, but not limited to, in the event the Contest is compromised by a virus, non-authorized human intervention, tampering or other causes beyond the reasonable control of Sponsor which corrupt or impair the administration, security, fairness, integrity or proper operation of the Contest as determined by Sponsor, in its sole discretion. Should the Contest be terminated prior to the stated expiration date, Sponsor reserves the right to award prizes based on the entries received before the termination date. Proof of sending or submission of an entry will not be deemed proof of receipt by Sponsor.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
9. Authorization. BY ENTERING THE CONTEST, YOU REPRESENT AND WARRANT THAT (I) YOUR ENTRY IS ORIGINAL, WAS LEGALLY OBTAINED AND CREATED, AND DOES NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OR OTHER LEGAL, EQUITABLE, OR MORAL RIGHTS OF ANY THIRD PARTY; (II) YOU HAVE OBTAINED PERMISSION TO SUBMIT YOUR ENTRY FROM EVERYONE NAMED, DESCRIBED, OR APPEARING IN YOUR ENTRY AND FROM THE OWNERS OF ALL LOCATIONS APPEARING IN YOUR ENTRY, AND YOU CAN MAKE THOSE AUTHORIZATIONS AVAILABLE TO SPONSOR UPON REQUEST; (III) THE ENTRY YOU ARE SUBMITTING HAS NOT PREVIOUSLY BEEN PUBLISHED OR ACCEPTED FOR PUBLICATION AND IS NOT CURRENTLY UNDER CONSIDERATION FOR PUBLICATION; AND (IV) YOU WILL NOT DISSEMINATE OR OTHERWISE SUBMIT YOUR ENTRY TO ANY OTHER ENTITY FOR PUBLICATION.
10. Publicity Release. BY ENTERING THE CONTEST, YOU AGREE THAT SPONSOR, COX MEDIA GROUP, LLC., COX ENTERPRISES, INC., FANS 1st MEDIA, AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS, ADVERTISING/PROMOTION AGENCIES, AND PRIZE SUPPLIERS AND EACH SUCH COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”) HAVE THE ABSOLUTE RIGHT AND PERMISSION TO PUBLISH YOUR ENTRY ON THE WEBSITE AND TO BROADCAST, PUBLISH, OR OTHERWISE USE YOUR ENTRY AND/OR YOUR NAME, BIOGRAPHICAL INFORMATION, AND LIKENESS IN CONNECTION WITH THE CONTEST OR FOR ANY COMMERCIAL, PUBLICITY, OR PROMOTIONAL PURPOSE WITHOUT LIMITATION, REVIEW OR APPROVAL, OR COMPENSATION TO YOU. BY ENTERING, YOU GRANT THE RELEASED PARTIES AN EXCLUSIVE, ROYALTY-FREE AND IRREVOCABLE LICENSE AND RIGHT (BUT NOT THE OBLIGATION) TO TELECAST, BROADCAST, COPY, EDIT, ADAPT, MODIFY, REPRODUCE, PUBLISH, CREATE DERIVATIVE WORKS OF, DISTRIBUTE, USE, OR OTHERWISE PUBLICLY DISPLAY ANY OR ALL OF YOUR ENTRIES, OR ANY PORTION THEREOF, IN ANY MANNER OR MEDIUM THROUGHOUT THE WORLD IN PERPETUITY, FOR COMMERCIAL, PUBLICITY, OR PROMOTIONAL PURPOSES, AND TO LICENSE OTHERS TO DO SO, WITHOUT LIMITATION, REVIEW OR APPROVAL, OR COMPENSATION TO YOU.
11. Indemnification. If Sponsor’s use of your entry causes Sponsor to be subject to a claim by any third party, you agree to indemnify and hold harmless the Released Parties, and all persons acting by, through, under or in concert with them, against any and all damages, costs, judgments and expenses (including reasonable attorney’s fees) which the Released Parties (or any one of them) may incur as a result of the use of your entry.
12. Release. BY PARTICIPATING IN THE CONTEST, EACH PARTICIPANT AGREES TO FULLY RELEASE, FOREVER DISCHARGE AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY CLAIMS, COSTS, LIABILITIES, LOSSES, INJURIES, AND DAMAGES ARISING OUT OF THE CONTEST, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR PERSONAL INJURY, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY, LOSS OF ENJOYMENT, OR ANY OTHER HARM WHATSOEVER ARISING OUT OF: (1) PARTICIPATION IN THE CONTEST; (2) THE QUALITY, RECEIPT, POSSESSION, USE, OR MISUSE OF ANY PRIZE; OR (3) ANY TRAVEL OR ACTIVITY THAT IS RELATED TO THE CONTEST OR ANY PRIZE.
13. Limitations of Liability. By PARTICIPATING IN the Contest, PARTICIPANTs acknowledge and agree that EVERYTHING REGARDING THIS CONTEST, INCLUDING THE WEB SITE AND THE prize(S), ARE provided “as is” and that Sponsor makes no representations or warranties OF ANY KIND, express or implied, about the Prize(S) and sponsor hereby DISCLAIMS all such warranties, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE RELEASED PARTIES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.)
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by PARTICIPANTs, printing OR PRODUCTION errors, or by any of the equipment or programming associated with or EMPLOYED in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Sweepstakes, the processing of entries, or the notification of any winner; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from A PARTICIPANT’S participation in the Contest or receipt or use or misuse of any prize.
Only the number of prizes stated in these Official Rules is available to be won in the Contest. In the event that production, technical, seeding, programming, or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award the prize based upon creativity and clarity.
14. Construction. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any such provision is determined to be invalid or otherwise unenforceable, these Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
15. No Affiliation. This Contest is in no way sponsored, endorsed or administered by, or associated with, Twitter. Any questions, comments or complaints regarding the Contest should be directed to Sponsor.
16. Sponsor. The Clark.com FinCon contest is sponsored by Cox Media Group. The decisions of Sponsor regarding the selection of winners and all other aspects of the Contest shall be final and binding in all respects. Sponsor will not be responsible for typographical, printing or other inadvertent errors in these Official Rules or in other materials or announcements relating to the Contest. For a list of winners (available after September 22, 2016) or a copy of these Official Rules, visit clark.com or send a self-addressed, stamped envelope to “Winners List/Official Rules” (as applicable), Clark.com FinCon Contest, 223 Perimeter Ctr. Pkwy, Atlanta, GA 30346. If you have any questions regarding this Contest, please contact Cynthia DuBose ([email protected])