ENTER FOR A CHANCE TO WIN WINTERFEST GRAND MARSHAL SHOWBOAT TICKETS ON SOCIAL MEDIA – #53BetterWinterfest
“Fifth Third Better Winterfest” Social Media Promotion
Official Rules and Conditions of Entry
These are the official rules for the “Fifth Third Better Winterfest” promotion (the “Promotion”) hosted on the Facebook® page, Twitter® page, and/or any other social media site of Winterfest Inc.
NO PURCHASE NECESSARY TO ENTER, PARTICIPATE OR WIN. MUST BE A LEGAL RESIDENT OF THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA AND AT LEAST 21 YEARS OLD AS OF THE DATE OF ENTRY. VOID WHERE PROHIBITED.
ENTRANTS MUST HAVE ACCESS TO THE INTERNET AND, IF APPLICABLE, A PUBLIC SOCIAL MEDIA ACCOUNT WITH THE PLATFORM ON WHICH THE PROMOTION IS RUN (E.G., TWITTER® OR FACEBOOK®) AS OF THE COMMENCMENT OF THE PROMOTION PERIOD AND MAY BE REQUIRED TO BE A FAN OF WINTERFEST’S FACEBOOK® PAGE, OR MAY BE REQURIED TO BE A FOLLOWER OF WINTERFEST ON TWITTER® TO ENTER THE PROMOTION.
1. PROMOTION ENTRY PERIOD. The Promotion will begin on or about November 27, 2017 and end on or about December 2, 2017 as described in the applicable Facebook® post and/or Tweet (the “Promotion Period”).
2. ELIGIBILITY. The Promotions are open only to legal residents of the 50 United States and the District of Columbia who are at least 21 years old as of the date of entry. Entrants must have access to the internet and a public social media account on the applicable social media platform and may be required to be a fan of Winterfest’s Facebook® page and/or be a follower of Winterfest on Twitter® during the Promotion Period to be eligible to enter the Promotion. The Promotion is subject to applicable federal, state and local laws and regulations and is void wherever prohibited or restricted by law.
3. AGREEMENT TO OFFICIAL RULES. By entering the Promotion, you agree to be bound by and accept these Official Rules and the decisions of Fifth Third and Winterfest (including with respect to the selection of entrants to be included in the Promotion and the interpretation of these Official Rules), which are final and binding in all matters related to the Promotion.
4. HOW TO ENTER. To enter the Promotion, use #53BetterWinterfest on Facebook or Twitter during the Promotion Period. Only those entries actually received during the applicable Promotion Period will be eligible to participate in the Promotion. All times are measured by Winterfest’s clock. Proof of sending is not proof of receipt; screen shots or confirming e-mails will not be accepted as proof of receipt. All entries become the property of Winterfest and will not be acknowledged or returned. Entrant is providing all entry information to Winterfest, and not to Twitter®, Facebook® or any other social media account used in connection with any Promotion. False or deceptive entries or acts will render the entrant ineligible.
5. ENTRY CONTENT RESTRICTIONS. With respect to any materials or content submitted as part of your entry, such entry materials may not (a) contain material that violates or infringes another’s rights, including but not limited to rights of privacy, publicity or intellectual property rights, or that constitutes copyright infringement; (b) contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation or age; (c) contain any unacceptable clothing or adornments; (d) contain indecent behavior, profanities or obscenities, including but not limited to nudity or pornography, or contain anything inappropriate, indecent, profane, obscene, hateful, tortuous, slanderous or libelous; (e) reference persons or organizations without their written permission; (f) disparage persons or organizations associated with Winterfest; (g) include threats to any person, place, business or group; or (h) violate any applicable federal, state or local laws and regulations. Any entry deemed inappropriate or unsuitable, in Winterfest’s sole discretion, will be disqualified. By submitting the entry materials, entrant warrants and represents that all persons appearing in any entry materials have consented to (a) their inclusion in such entry materials, (b)
the entry being submitted into the Promotion, and (c) Winterfest’s use of the entry as provided in these Official Rules. Each entrant further warrants and represents that the entrant has the legal right and authority to submit the entry and agrees to indemnify the Released Parties for any breach or alleged breach of any representation or warranty by the entrant herein. Any entry that fails to comply with and adhere to each and every term and condition set forth herein will be disqualified and deemed ineligible for participation in the Promotion. Winterfest is under no obligation to use or exhibit any entry material in any manner.
6. SELECTION. One Winner will be selected via random drawing by Winterfest from all eligible entries. LIMIT ONE ENTRY PER PERSON / PER SOCIAL MEDIA ACCOUNT. The odds of being selected for inclusion in the Promotion depend on the number of eligible entries received.
7. WINNER NOTIFICATION. Acceptance of any prize shall constitute and signify each Prize Winner’s agreement and consent that Fifth Third, Winterfest and their designees may use the Prize Winner’s name, social media account name/Twitter®/Facebook® handle and associated photograph, city, state, likeness, entry and or prize information in connection with the Promotions for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration except where prohibited by law. If the winning entry includes the name, likeness or other intellectual property of a third party, then Winterfest may require, as a condition to receiving the applicable prize, the Prize Winner to obtain written evidence from such third party that Fifth Third and Winterfest have the right to use such third party’s name, social media account name/Twitter®/ Facebook® handle and associated photograph, city, state, likeness, entry and or prize information in connection with the Promotions for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration except where prohibited by law.
8. PRIZE DETAILS. Winner will receive (4) Tickets to Ride on the Winterfest Grand Marshal Showboat on December 9, 2017. Estimated Retail Value of all prizes is $1,200 ($300/ticket).
9. PRIZE CONDITIONS. Winterfest reserves the right to modify, suspend, extend or cancel the Promotion (with or without notice) at any time in Winterfest’s sole discretion, and may, but is not required to, substitute another Promotion in its place. Winterfest further reserves the right to amend or change these Official Rules at any time, in Winterfest’s sole discretion.
10. RELEASE OF LIABILITY. By entering any Promotion, each entrant releases and discharges Fifth Third, Winterfest and any other party associated with the development or administration of the Promotion (including any social media platform on which the Promotion is administered or promoted), their parent, subsidiary, and affiliated entities, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, the “Released Entities”), from any and all liability whatsoever in connection with the Promotion, including without limitation any and all claims, costs, injuries, losses, damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, loss or destruction or property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, “Claims”).
11. DISCLAIMERS. Entries that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Fifth Third or Winterfest’s servers or elsewhere, will not be eligible. In the event of a dispute, entries will be deemed submitted by the authorized account holder of the social media account submitted at the time of entry. Winterfest, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of any social media account or web site in connection with the Promotion. Use of bots or other automated process to enter is prohibited and may result in disqualification at the sole discretion of Winterfest. Fifth Third and Winterfest further reserve the right to cancel, terminate or modify the Promotion if it is not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or
technical failures of any sort. The Released Entities are not responsible for errors in the administration or fulfillment of the Promotion, including without limitation mechanical, human, printing, distribution or production errors, and may modify or cancel the Promotion based upon such error at its sole discretion without liability. THE RELEASED ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THE PROMOTION. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY SOCIAL MEDIA ACCOUNT OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, WINTERFEST RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
12. APPLICABLE LAWS AND JURISDICTION. The Promotion is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of North Carolina. All disputes arising out of or connected with the Promotion will be resolved individually, and without resort to class action, exclusively by a state or federal court located in Mecklenburg County, North Carolina. Should there be a conflict between the laws of North Carolina and any other laws, the conflict will be resolved in favor of the laws of the North Carolina. All judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in the Promotion and shall not include any indirect, punitive, incidental and/or consequential damages.
THE PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, TWITTER, FACEBOOK, INSTAGRAM OR ANY OTHER SOCIAL MEDIA PLATFORM. BY ENTERING THE PROMOTION, YOU AGREE TO RELEASE TWITTER, FACEBOOK, INSTAGRAM AND ANY OTHER SOCIAL MEDIA PLATFORM FROM ANY POTENTIAL LIABILITY IN CONNECTION WITH YOUR ENTRY AND PARTICIPATION IN THE PROMOTION, AND YOU UNDERSTAND THAT YOU ARE PROVIDING YOUR INFORMATION TO WINTERFEST AND NOT TO TWITTER, FACEBOOK, INSTAGRAM OR ANY OTHER SOCIAL MEDIA PLATFORM