Hail Merry T-Shirt Design Sweepstakes Guidelines
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. VOID WHERE PROHIBITED BY LAW
Sponsor. (the “Sweepstakes”) is sponsored by Hail Merry LLC,
8805 Sovereign Row, Suite 101, Dallas, Texas 75247 (“Sponsor”).
Eligibility. Open only to legal residents of the 50 United States (excluding Puerto Rico and all other U.S. territories and possessions outside of the United States and where otherwise prohibited by law) who are 18 years of age or older at the time of entry in the Sweepstakes (or in the case of legal residents of jurisdictions where the age of majority is greater than 18 years of age, such age of majority under the laws of the jurisdiction in which they reside at the time of entry). Employees, officers, directors, agents, representatives and independent contractors (and their immediate family members and members of the same households (whether related or not)) of Sponsor and its parent, subsidiaries and affiliated companies, are not eligible to participate. Subject to all federal, state and local laws and regulations. Void in Puerto Rico and all other U.S. territories and possessions outside of the United States and where prohibited by law or restricted by such laws, including but not limited to jurisdictions with laws that would require registration and/or trust account or posting of a bond, or any other requirements that have not been satisfied.
Entry. The Sweepstakes begins at 1 p.m. Eastern Standard Time (EST) on April 26, 2012 and ends at 11:59 p.m. (EST) on May 15, 2012 (the “Sweepstakes Period”). NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. There is one (1) ways to enter the Sweepstakes: online. Only one entry per person is allowed.
Online. Visit http://www.hailmerry.com/blog for rules and http://www.facebook.com/hailmerry to vote during the Sweepstakes Period. Navigate to the Sweepstakes entry page, (i) complete the entry form, including your full name, state of residence, and e-mail address; (ii) confirm that you are 18 years of age or older at the time of entry in the Sweepstakes (or in the case you reside in a jurisdiction where the age of majority is greater than 18 years of age such age of majority under the laws of that jurisdiction), (iii) upload a design image/photo that complies with the Design Image/Photo Requirements set forth below. Text is acceptable so long as the text is in the English language and does not contain any inappropriate content (as determined by Sponsor in its sole discretion). All entries must be received within the Sweepstakes Period.
If there is a dispute over the identity of an online entrant, the entry will be deemed submitted by the Authorized Account Holder regardless of the individual that submitted the entry. "Authorized Account Holder" is defined as the natural person who is assigned an e-mail address by an Internet access provider, online service provider or other organization (e.g. business, educational, institution, etc.) responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
Neither Sponsor nor its advertising and promotion agencies are responsible for lost, late, incomplete, illegible, mutilated, inaccurate, misdirected, stolen or postage due entries or mail, or for any problems of any kind whether mechanical, human or electronic, including, but not limited to, computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, failures, connections, availability or garbled or jumbled transmissions, or service provider/Internet/web site/use net accessibility or availability, traffic congestion, or unauthorized human intervention. Sponsor reserves the right to suspend or terminate the Sweepstakes in the event of any such problem. Entries not in compliance with these Official Rules are disqualified. Sponsor shall have the absolute right to determine if an entry is in compliance with these Official Rules without notice to the person attempting to enter.
Application of Rules. By entering the Sweepstakes, each entrant warrants that he or she has read and agrees to abide and be bound by these Official Rules and that he or she is not prohibited from participating in the Sweepstakes. Entrant agrees that Sponsor shall retain full authority, in its sole discretion, to interpret and administer these Official Rules, and to be bound by all decisions and interpretations made in good faith by Sponsor.
T-shirt Requirements. The submission of an original t-shirt design is required with an entry; if the entrant wishes to submit a t-shirt design with his/her entry, the design should be a photo of a hand drawn design or computerized image and submittable via email. Each Sweepstakes entrant must be the owner of the design image submitted with the entry, including the copyright therein, or must have all of the rights and authority necessary to submit it with his/her Sweepstakes entry, including without limitation the right to publish the design image and to grant the rights granted hereunder. The entry design image may not mention, discuss, or include any logo, trademark, service mark, storefront, trade dress, photograph, or other image of any business or company other than Hail Merry LLC, unless the logo, trademark, service mark, trade dress, photograph or other image is part of the background of the picture. Entrant understands and acknowledges that the entry photo may receive exposure on the Internet, including on www.hailmerry.com, and, www.facebook.com/hailmerry and may be subjected to comments from the public at large.
Sponsor is not responsible for any remarks, including any critical or derogatory remarks, posted by the public pertaining to an entrant or an entrant’s entry design image.
The design image submitted must be in keeping with the Sponsor's positive image and may not be offensive or inappropriate, as determined by Sponsor in its sole discretion, nor can it defame or invade publicity or privacy rights of any person, living or deceased, or entity, or otherwise infringe upon any person’s or entity's personal, intellectual property or property rights or any other third party rights. Photos/images must be suitable for publication on a web site accessible to the general public. Sponsor reserves the right, in its sole discretion, to eliminate any entries that it determines, in its sole discretion, contain inappropriate content or content that may be deem obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or unlawful, including, without limitation, obscenities, threats, violence, unsafe behavior or situations, or disparagement of any product, service or person. Photos/images should not contain nudity. Sponsor reserves the right to remove a photo from the Sweepstakes website at any time for any reason.
Images must be submitted to firstname.lastname@example.org in one of the following electronic file formats: .gif, .jpg, .pdf, or jpeg. Photos cannot exceed a file size of 5 MB. The file submitted to Sponsor by a Sweepstakes participant must not contain any protection feature designed to prevent its use, or any computer virus or other similar programs.
In addition to complying with the foregoing requirements, to be eligible, each Sweepstakes entrant must also be able to make the warranties and representations regarding the photo submitted with his/her entry, set forth in the Warranties and Representations section below.
Warranties and Representations. By submitting a design image/photo, each entrant warrants and represents to Sponsor that (a) the information contained in the entry is true and correct in all material respects and that Sponsor may rely on such information in its efforts to comply with applicable laws and regulations; (b) entrant has all of the rights and authority necessary to submit the photo for entry in the Sweepstakes in compliance with these Official Rules, including the right to contract in his/her own name and the right to grant the rights granted hereunder; (c) that the desing image/photo and such rights are in all respect free and clear of any claims or rights of third parties; (d) entrant is the owner of the design image/photo submitted with the entry, including the copyright therein, or has all of the rights and authority necessary to submit it with his/her Sweepstakes entry, including without limitation the right to publish, copy, crop and modify the photo and to grant the rights granted hereunder; and (e) that the design image/photo contains no matter contrary to law.
BY SUBMITTING AN ENTRY, CONSENTS TO THE POSTING OF THE PHOTO ON THE SPONSOR’S FACEBOOK LOCATED AT www.facebook.com/hailmerry ALONG WITH ENTRANT’S FIRST NAME AND THE COMMENT, ALL OF WHICH WILL BE AVAILABLE TO AND MAY BE VIEWED BY THE PUBLIC AT LARGE.
Selection of Winners. One (1) winner (“Winner”) from all eligible entries will be selected by receiving the most Facebook Likes at www.facebook.com/hailmerry. Odds of winning depend on the number of eligible entries received for the Sweepstakes. In the event a winning entry is discovered to be invalid for any reason whatsoever or the person who submitted the winning entry fails to comply with these Official Rules prior to delivery of the Prize, the Prize may be forfeited and awarded to an alternate winner selected at random from the remaining eligible entries at Sponsor’s discretion.
Prize. The Grand Prize Winner will receive a $250 VISA GIFT CARD. In addition, the Grand Prize Winner will receive 10 t-shirts with the winning design plus a photo of 3 members of the Hail Merry Team in your shirt. Approximate retail value (“ARV”) of the Grand Prize is $425.
First 25 entrants to send in & have eligible t-shirt design image/photo posted with comment will receive a Hail Merry t-shirt (retail value $12 plus $2 shipping for $14 ARV). The first 25 will be contacted by email at email@example.com for t-shirt size and mailing address.
Specifics relating to the Prize not specified herein are at sole discretion of Sponsor. The Winner is solely responsible for any costs and expenses due in connection with the Prize not specified herein. The Prize may not be transferred or assigned, except at the Sponsor's sole discretion. No cash value or substitution of the Prize will be permitted or provided, except that Sponsor, in its sole discretion, may provide a prize of comparable or greater value. The Winner is solely responsible for reporting and paying any and all applicable federal, state and local taxes due in connection with the Prize. Receipt of any Prize is conditioned upon compliance with all applicable federal, state and local laws, rules and regulations and these Official Rules. Sponsor will not replace a lost or stolen Prize.
Verification of Potential Winner. The potential winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Sponsor reserves the right to verify eligibility qualifications of the potential winner and to require the potential winner to show proof of identity prior to receiving any Prize. Sponsor will attempt to notify the entrant who is selected as the potential winner by e-mail within seven (7) business days of the winner’s selection. If an entrant does not respond to such notification within five (5) days, the Prize will be forfeited and an alternate potential winner may be selected at random at Sponsor’s discretion from among all remaining eligible entries. Sponsor shall not be responsible for (i) the failure of a potential winner to receive Sponsor's e-mail for any reason, or for the inability of such potential winner to return Sponsor's email message for any reason; (ii) failed, returned or misdirected notifications due to inaccurate information provided by an entrant, (iii) submissions and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, misdirected, damaged or otherwise not received, in whole or in part, by Sponsor.
The VISA Gift Card and 25 Hail merry t-shirts will be delivered by USPS mail within 10 days (10) days of Sponsor’s notification of prize selection. The Grand Prize t-shirts and team photo will be delivered before September 30, 2012.
Release of Liability. Each Sweepstakes entrant agrees that Sponsor and any and all of their respective officers, directors, shareholders, employees, agents, representatives, licensees and advertising and promotion agencies (“Released Parties”), shall not be liable for any personal injury, death, loss or damage of any kind or any other causes of action or claims related to entrant’s participation in this Sweepstakes, or acceptance or use of the Prize awarded, and/or based on publicity rights, defamation or invasion of privacy. Each entrant agrees to release and discharge the Released Parties from any liability arising from or related to the Sweepstakes, including without limitation, personal injury, death, property damage, or claims based on publicity rights, defamation, or invasion of privacy.
Indemnification. Each Sweepstakes entrant agrees to indemnify and hold harmless the Released Parties from and against any loss, damage or expense (including court costs and attorneys’ fees) that they may suffer or incur as a result or in conjunction or connection with entrant’s participation in the Sweepstakes or any Sweepstakes-related activity and/or acceptance and/or use of the Prize or any portion thereof.
Announcement of Winner. Sponsor shall post the first name and last name initial and photo uploaded by Winner to www.facebook.com/hailmerry.
Use of Winner’s Name and Likeness. By submitting an entry, you acknowledge and agree that, if you are selected as a winner, Sponsor shall post your first name and last name initial at www.facebook.com/hailmerry.
A winner who accepts the Prize will be deemed thereby to have granted to Sponsor the right, at any time and from time to time, to print, publish, broadcast and use, worldwide and in any media now known or hereafter developed, including but not limited to, the Internet and world wide web, the winner’s name, portrait, picture, voice, likeness and biographical information as news or information and for advertising and promotional purposes without additional consideration, or right of review or notification, except where prohibited by law, and to have agreed to provide documentation in writing to confirm the foregoing promptly upon request by Sponsor.
Unlawful Conduct and Disqualification. Sponsor reserves the right, in its sole discretion, to disqualify any Sweepstakes entrant who Sponsor determines, in its sole discretion, has (a) tampered with the entry process or the operation of the Sweepstakes or of any web site owned, operated or controlled by Sponsor or its parent, subsidiaries or affiliated companies; (b) was ineligible to participate in the Sweepstakes; (c) submitted more than the allowed number of entries; or (d) otherwise acted in an unlawful manner and/or in violation of these Official Rules. Robotic, automated, programmed, or computer generated entries or mechanical reproductions are prohibited, and any use of such devices or entry methods will cause disqualification. Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operations of the Sweepstakes is a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek damages from any such entrant to the fullest extent permitted by law and to disqualify such entrant from the Sweepstakes.
Limitation of Damages. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS OR HARM TO BUSINESS OR REPUTATION, ARISING OUT OF ENTRANT’S PARTICIPATION IN THE SWEEPSTAKES, OR ACCEPTANCE OR USAGE OF THE PRIZE, INCLUDING WITHOUT LIMITATION DAMAGE TO PROPERTY AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAMAGES FOR BODILY OR PERSONAL INJURY, EVEN IF SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. ENTRANT AGREES THAT THE AGGREGATE LIABILITY OF SPONSOR ARISING OUT OF ANY KIND OF CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL NOT EXCEED $1.00.
Suspension/Amendments. Sponsor reserves the right to suspend, cancel, terminate or modify the Sweepstakes without advance notice as required by law and/or in the event Sponsor believes, in its sole discretion, that any computer virus, worms, bugs, tampering, spamming, unauthorized intervention, fraud, technical failures or other errors or problem beyond Sponsor’s control could corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, and thereafter to re- commence such Sweepstakes, if at all, only at such time(s) and upon such terms and conditions as Sponsor shall deem reasonable under the circumstances.
Severability. If any one or more provisions of these Official Rules are held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect the validity, effect or enforcement of any other provision or provisions of these Official Rules.
Force Majeure. The failure of the Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, terrorism, fire, riot, earthquake, actions of governmental authorities outside the control of the Sponsor or other force majeure event shall not be considered a breach of these Official Rules.
Governing Law; Jurisdiction; Venue. These Official Rules shall be interpreted in accordance with New Hampshire law without regard to its conflicts of laws provisions. Entrants agree that the state and federal courts located in New Hampshire shall have exclusive jurisdiction over any dispute arising from or relating to these Official Rules, this Sweepstakes or entrants’ participation in this Sweepstakes, and entrants’ consent to the personal jurisdiction and venue thereof.