Official Rules for the Vineyard Vines #EDSFTGMusicChallenge
1. Eligibility:
The #EDSFTGMusicChallenge (the “Challenge”) is open only to legal residents of the United States who are at least thirteen (13) years of age. Employees of Vineyard Vines, LLC (“Sponsor”), as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee, are not eligible to enter. Any potential entrant who is a minor in his or her jurisdiction of residence should only enter the Challenge with the permission of a parent or guardian.
2. Agreement to Official Rules:
By entering the Challenge, you indicate your full and unconditional agreement to, and acceptance of, these Official Rules and Sponsor’s decisions, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein. 3. Entry Period: The Challenge begins at 12:00 a.m. ET on May 1, 2020, and ends at 11:59 p.m. ET on May 17, 2020 (the “Entry Period”). Entries submitted before or after the Entry Period will not be eligible. Sponsor’s computer is the official time-keeping device for the Challenge.
4. How to Enter:
To enter, (a) create a video of yourself covering at least one (1) verse and one (1) chorus of the song “Feel This Good” by Jackopierce, and (b) post the video to your Instagram page, tagging @vineyardvines and including the hashtags #EDSFTGMusicChallenge and #contest. Your Instagram account must be set to “public.” There is a limit of one (1) entry per person. Any attempt to gain more than the stated number of entries through the use of multiple Instagram accounts may result in disqualification. Entries will not be acknowledged. You are responsible for any data charges associated with your participation in the Challenge.
5. Content Requirements:
Your entry must consist of at least one (1) verse and one (1) chorus. Your entry must not, as determined by Sponsor in its sole discretion, (a) violate any third-party rights, including, but not limited to, copyrights, trademark rights, or rights of privacy and publicity; (b) be inappropriate, obscene, or indecent; (c) depict any risky behavior; (d) contain any third-party trademarks or logos, other than Sponsor’s; and (e) have been entered in any other contest or have been published or distributed in any other media. Sponsor reserves the right to disqualify any entry for any reason.
6. Entrant’s Warranties and Representations:
By submitting an entry, you warrant and represent that (a) the entry is an original work created solely by you for entry in the Challenge; (b) you own all rights to the entry; (c) to the extent the entry depicts any individual or features the voice of any individual, you are the individual pictured and heard in the submission, or, alternatively, you have obtained written permission from each person appearing in the entry to grant the rights to Sponsor described in the “Sponsor’s Rights to Entries” section below, and can make written copies of such permissions available to Sponsor upon request; and (d) the entry complies with all requirements of these Official Rules.
7. Sponsor’s Rights to Entries:
By participating, you (a) irrevocably grant Sponsor, its agents, licensees, and assigns the unconditional and perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your entry as-is or as-edited (with or without using your name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you or any other party; (b) forever waive any rights of copyrights, trademark rights, privacy rights, and any other legal or moral rights that may preclude Sponsor’s use of your entry, or require any further permission for Sponsor to use the entry; and (c) agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Sponsor on the grounds that any use of the entry, or any derivative works, infringes any of your rights as creator of the entry, including, without limitation, copyrights, trademark rights, and moral rights.
8. Judging:
After the Entry Period (or on the date of each weekly prize selection), Sponsor will evaluate all entries and select potential winners based on the following Judging Criteria: entry’s creativity (25%), originality (25%) and the degree to which the entry reflects the Vineyard Vines lifestyle (50%). The odds of being selected depend on the number of entries received and the performance of each entrant. Sponsor will select up to eight (8) potential winners to receive the prizes selected below.
9. Notification and Requirements of Potential Winners:
Sponsor will attempt to notify the potential winners by direct message shortly after selection. Except where prohibited, a potential winner (or the potential winner’s parent or guardian if the potential winner is a minor in his/her jurisdiction of residence) may be required to complete and return an affidavit of eligibility and liability/publicity release. If a potential winner fails to respond or to the notification and/or to sign and return the required documents within the required time period, an alternate potential winner may be selected in his/her place according to the Judging Criteria. Only three (3) alternate potential winners may be contacted.
10. Prizes:
Sponsor will award the following prizes: a. Weekly Prizes: On May 11, 2020 and on May 18, 2020, Sponsor will select three (3) entrants with the top submissions entered by that date, as determined by Judging Criteria, who will each receive one (1) $100 Vineyard Vines gift card.
b. Grand Prize: One (1) Grand Prize winner will receive (i) one (1) custom Vineyard Vines x Taylor 324ce Guitar, (ii) one (1) $250 Vineyard Vines gift card, and (iii) a chance to be featured on the Vineyard Vines website and Instagram page. The approximate retail value (ARV) of the Grand Prize is $2,550. Grand Prize Winner may or may not be a weekly prize winner.
c. Second Place Prize: One (1) Second Place winner will receive (i) one (1) custom Vineyard Vines x Taylor GS Mini Guitar, (ii) one (1) $250 Vineyard Vines gift card, and (iii) a chance to be featured on the Vineyard Vines Instagram page. The ARV of the Second Place Prize is $949. Second Place Prize Winner may or may not be a weekly prize winner.
All gift cards are subject to the applicable terms and conditions. A winner is responsible for paying any applicable income taxes and any and all other costs and expenses not listed above. Any prize details not specified above will be determined by Sponsor in its sole discretion. You may not request cash or a substitute prize; however, Sponsor reserves the right to substitute a prize (or a portion thereof) with another prize of equal or greater value if the prize (or portion thereof) is not available for any reason, as determined by Sponsor in its sole discretion. Sponsor will post the names of the winners on its Instagram account.
11. General Conditions:
In the event that the operation, security, or administration of the Challenge is impaired in any way for any reason, Sponsor may, in its sole discretion, either (a) suspend the Challenge to address the impairment and then resume the Challenge in a manner that best conforms to the spirit of these Official Rules; or (b) award the prizes according to the Judging Criteria from among the eligible entries received up to the time of the impairment. Sponsor reserves the right in its sole discretion to disqualify and/or seek damages from any individual it finds to be tampering with the operation of the Challenge or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Failure by Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to any entry, the authorized account holder of the Instagram account used to enter will be deemed to be the participant. The Challenge is subject to federal, state, and local laws and regulations and is void where prohibited.
12. Release and Limitations of Liability:
By participating in the Challenge, you agree to release and hold harmless Sponsor, Instagram, JackoPierce, their parents, subsidiaries, affiliates, and each of their respective officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Challenge or receipt or use of any prize, including, but not limited to (a) unauthorized human intervention in the Challenge; (b) technical errors, including but not limited to those related to social media platforms; (c) errors in the administration of the Challenge or the processing of entries; or (d) injury or damage to persons or property. You further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Challenge, and in no event shall the Released Parties be liable for attorneys’ fees. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
13. Privacy and Publicity:
Any information you submit as part of the Challenge will be used for purposes of this Challenge and treated in accordance with Sponsor’s Privacy Policy. Except where prohibited, participation in the Challenge constitutes an entrant’s consent to Sponsor’s use of his/her name, likeness, voice, opinions, biographical information, and city/state of residence for promotional purposes in any media without further payment or consideration.
14. Disputes:
Except where prohibited, you agree that any and all disputes, claims, and causes of action arising out of, or connected with, the Challenge or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Connecticut. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with the Challenge, shall be governed by, and construed in accordance with, the laws of Connecticut, without giving effect to any choice of law or conflict of law rules (whether of Connecticut or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Connecticut.
15. Sponsor:
The Challenge is sponsored by Vineyard Vines, LLC, 181 Harbor Drive, Stamford, CT 06902. The Challenge is in no way sponsored, endorsed, or administered by, or affiliated with, Instagram.