SHAKY SWEATER GIVEAWAY OFFICIAL CONTEST RULES*Updated 12/5/16
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. OFFERED ONLY TO LEGAL U.S RESIDENTS, AGE 18 YEARS OR OLDER. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. INTERNET ACCESS REQUIRED.
Shaky Festivals Holdings, LLC (the “Sponsor”) is sponsoring the Shaky Sweater Giveaway (the “Contest”) in conjunction with the 2017 Shaky Knees Music Festival (the “Festival”) scheduled to be held on May 12-14, 2017 at Centennial Olympic Park & International Plaza in Atlanta, Georgia (collectively the “Venue”).
Participation in the Contest is subject to the following official Contest rules (the “Rules”):
CONTEST DATES: The Contest begins on Tuesday, December 6, 2016 at 10:00AM CT and ends on Saturday, December 10, 2016 at 6:00 PM CT (the “Submission Period”). No entries will be eligible to be considered for the Contest after the Submission Period has ended.
ELIGIBILITY: No purchase or other consideration is necessary to enter or win. To enter, the participant must be a legal U.S. resident living in the forty-eight (48) contiguous United States and Washington DC at the time of entry. Void in Alaska, Hawaii, Rhode Island, Puerto Rico, Guam and in all other territories where restricted or prohibited by law. Participant must also be 18 years of age or older. Questions about eligibility will be determined by documentary evidence (either a valid driver’s license, state ID card, or U.S. passport). No more than one entry per participant will be accepted regardless of the number of entries submitted. No employee or immediate family member of Sponsor is eligible to enter the Contest. All applicable federal, state, and local rules apply. Participants are required to provide truthful information to Sponsor and Sponsor may use discretion to disqualify and/or remove participants if it is believed a participant is acting fraudulently. Any automated receipt confirming delivery does not constitute proof of actual receipt of an entry by Sponsor. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, or misdirected registrations, which will be disqualified. LIMIT ONE (1) ENTRY PER PARTICIPANT DURING THE SUBMISSION PERIOD. OTHER RESTRICTIONS MAY APPLY.
HOW TO ENTER: During the Submission Period, a participant may enter the Contest for a chance to win by posting a photo of you in your ugliest holiday sweater and share it with your friends on ONE  of the following social media platforms: Twitter or Instagram (the “Social Media Platform(s)”) with the hashtags #ShakyKnees and #HolidaySweater. The correct hashtags are required for entry.
By entering via one (1) of the Social Media Platforms, a participant must be a registered user of Twitter or Instagram. If a participant is not a registered user of the Social Media Platform chosen by the participant as the method of entry, the participant must visit the Social Media Platform’s website to register. Registration for and use of any a Social Media Platform is subject to its terms and conditions and Sponsor has no responsibility with respect to such registration or use. Participant acknowledges that this Contest is in no way sponsored, endorsed, administered by, or associated with Twitter or Instagram. If a participant chooses to enter using participant’s mobile device, standard mobile and/or data fees may apply. Participants should consult their wireless service provider’s for details. By entering via mobile device such Participant agrees to incur any and all charges demanded by participant’s wireless service provider and may be subject to the terms and conditions of the participant’s respective wireless service provider. Participant should also check the device’s features for capabilities and check the device manual for specific use instructions.
PRIZE: There will be One (1) Contest winner to receive the following (collectively the “Prize”):
- Two (2) VIP passes to the second weekend of the 2017 Festival (May 12-14, 2017)(ARV : $1,050.00)
- One (1) official Festival sweater (ARV: $30.00)
- Total Approximate Retail Value of all Prizes: $1,080.00
WINNER SELECTION AND ODDS OF WINNING: Eligible entries will be judged by a qualified panel of judges, selected by Sponsor, in its sole discretion, whose decisions are final and binding in all matters relating to the Contest. Entries will be judged on the following criteria at the conclusion of the Submission Period: 50% originality; 25% creativity; and 25% photo composition (the “Judging Criteria”). In the event a potential winner’s entry is disqualified, the participant who submitted the next highest rated entry will be the potential Prize winner, and must comply with the requirements in these Rules. The odds of winning are based on the Judging Criteria as applied to the pool of all eligible entries. Sponsor’s decisions as to the administration and operation of the Contest and the judges’ selection of a potential winner are final and binding in all matters related to the Contest.
WINNER NOTIFICATION: Prize winner will be notified no later than December 10, 2016 at 11:59 PM CT via the Social Media Platform entered on by the potential winner. In the event of a dispute as to the identity of a participant, the authorized account holder of the Social Media Platform will be deemed to be the participant. Sponsor may request any potential Prize winner to provide proof that such person is the winner. Sponsor reserves the right to disqualify any participant or Contest winner and may refuse to award any Prize to a person who is ineligible or has violated any rule, gained unfair advantage in participating in the Contest, or obtained winner status using fraudulent means. Winning is contingent upon compliance with all terms and conditions of these Rules and fulfilling all requirements stated in these Rules. The potential Prize Winner must respond to Sponsor’s notification and accept the Prize no later than Forty-Eight (48) hours after notification or forfeit all rights to the Prize. There will be no alternate Prize winner selected in the event an eligible Prize winner forfeits the Prize, and the Prize will remain un-awarded.
PRIZE CONDITIONS: THE PRIZE IS AWARDED AS IS. PARTICIPANT ACKNOWLEDGES THAT THE SPONSOR HAS NOT MADE, NOR IS IN ANY MANNER RESPONSIBLE OR LIABLE FOR, ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES. SPONSOR DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW OR HEREAFTER ENACTED CONCERNING ANY PRIZE, INCLUDING IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE AS MAY BE SEPARATELY PROVIDED TO PARTICIPANT BY LAW. THE PRIZE WINNER AND ACCOMPANIED GUESTS MUST ABIDE BY ALL SPONSOR AND VENUE POLICIES AND SPONSOR RESERVES THE RIGHT TO REVOKE FULL OR PARTIAL PRIZE FROM ANY WINNER OR WINNER’S GUEST WHO SPONSOR OR THE VENUE DETERMINE MAY, IN ITS SOLE DISCRETION, BE INTOXICATED, BE A SAFETY RISK, OR VIOLATES ANY VENUE OR SPONSOR POLICY OR LAW. If due to circumstances beyond the control of Sponsor, the Prize-related Festival is delayed, rescheduled, postponed, or cancelled, Sponsor reserves the right, but not the obligation, to cancel, terminate, suspend, or modify the Sweepstakes and is not required to award a substitute Prize. Lost or stolen Prizes will not be replaced. An unclaimed and/or unused Prize element will remain the property of Sponsor.
PARTICIPATION CONDITIONS: BY PARTICIPATING, EACH PARTICIPANT AGREES: (A) TO THESE RULES AND THE DECISIONS OF SPONSOR, WHICH ARE FINAL IN ALL RESPECTS AS RELATED TO THE CONTEST; (B) THE PARTICIPANT IS AT LEAST 18 YEARS OR OLDER; (C) THE PARTICIPANT HAS NOT ENGAGED IN ANY FRAUDULENT ACTIVITY IN PARTICIPATING IN THE CONTEST; (D) THE PRIZE WINNER WILL BE RESPONSIBLE FOR ANY TAXES ASSESSED ON THEIR WINNINGS BY ANY FEDERAL, STATE, LOCAL, OR GOVERNMENTAL AGENCY; AND (E) TO EXECUTE AND/OR SUBMIT ANY NECESSARY AND APPLICABLE DOCUMENTATION IN CONNECTION WITH THE PRIZE. Sponsor will notify the Internal Revenue Service of all winnings to the extent required by law. The Prize winner must provide Sponsor with a valid taxpayer identification number or social security number before any Prize will be awarded. A Form 1099 will be provided to the Prize winner by the Sponsor for any Prize with a value that exceeds $600.00. A completed and signed form 1099 (when applicable) must be received by the Sponsor within the time specified by Sponsor in order to claim the Prize. A potential Prize winner and Prize winner’s guest may be required to sign and return an Eligibility, Liability and Publicity Release (“Release”) (except where prohibited) and it is the Prize Winner’s responsibility to ensure compliance with this requirement. If a potential Prize winner cannot be contacted, fails to sign and timely return a required form 1099 and/or required Release, declines the Prize, or notification of the Prize is returned as undeliverable, such potential winner forfeits the Prize. PARTICIPANT ACKNOWLEDGES AND EXPRESSLY AGREES THAT THESE RULES ARE SUBJECT TO CHANGE AND MODIFICATION BY SPONSOR AT ANY TIME.
All entries must be the original creations of each respective participant, and by submitting an entry, each participant grants to Sponsor, the non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display the entry throughout the universe in any media, to the extent permitted by applicable law and to the extent that such rights may be granted by the participant. By submitting an entry, the participant submitting the entry represents and warrants that, (a) his/her entry is his/her original creation; (b) his/her entry has not been copied or derived in whole or in part from any other work (except as provided for by the Rules); (c) his/her entry (including all images and people depicted in the entry) does not violate or infringe any copyright, trademark, privacy or publicity right, or other personal, proprietary, or intellectual property right of any person or entity (except as provided herein); (d) his/her entry is not defamatory, libelous, obscene, or otherwise illegal; (e) his/her entry is the sole and exclusive property of the entrant; and (f) he/she has complete, worldwide distribution rights for his/her entry. BY SUBMITTING AN ENTRY, SUCH PARTICIPANT EXPRESSLY CONSENTS, BY VIRTUE OF SUBMITTING HIS/HER ENTRY TO THE CONTEST, TO SPONSOR’S USE OF THE PARTICIPANT’S NAME, LIKENESS, PHOTOGRAPH OR IMAGE, WHETHER IN WRITING, AUDIO, AND/OR VIDEO, FOR ANY PURPOSE, IN ANY MEDIA, WITHOUT COMPENSATION OR ADDITIONAL CONSIDERATION TO PARTICIPANT. FAILURE TO OBTAIN OR PROVIDE SUCH CONSENT WILL DISQUALIFY THE ENTRY. SPONSOR MAY AT ANY TIME DURING THE CONTEST REQUEST PROOF OF SUCH CONSENT AND DISQUALIFY ANY ENTRY FOR WHICH SUCH CONSENT CANNOT BE PROVIDED. Sponsor may disqualify any entrant whose entry Sponsor determines, in its sole discretion, at any time does not comply with any requirement described in these Rules or the foregoing representations and warranties.
INDEMNITY AND RELEASE: PARTICIPATION IN THE CONTEST AND/OR ACCEPTANCE OF THE PRIZE CONSTITUTES PARTICIPANT’S AND/OR WINNER’S AGREEMENT TO RELEASE, DISCHARGE, AND HOLD HARMLESS SPONSOR, AND ITS RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANGERS, AGENTS, AFFILIATED ENTITIES, AND EMPLOYEES (COLLECTIVELY THE “SPONSOR RELEASED PARTIES”], AS WELL AS THE SOCIAL MEDIA PLATFORMS, FROM AND AGAINST ANY AND ALL CLAIMS, OR LIABILITY ARISING DIRECTLY OR INDIRECTLY FROM THE PRIZE AND PARTICIPATION IN THE CONTEST, INCLUDING, PERSONAL INJURY, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY, WHICH MAY OCCUR IN CONNECTION WITH THE PARTICIPATION IN THE CONTEST, ACCEPTANCE AND/OR USE OR MISUSE OF THE PRIZE. SPONSOR IS NOT LIABLE FOR ANY ENTRIES THAT ARE EITHER MISDIRECTED OR INCOMPLETE, IS NOT LIABLE FOR ANY LOSSES DUE TO ELECTRONIC OR COMPUTER MALFUNCTION, AND IS NOT RESPONSIBLE FOR ANY INJURIES OR LOSSES (1) OCCURRING DURING OR CAUSED BY PARTICIPATION IN THE CONTEST, OR (2) CAUSED BY ANY PRIZE AWARDED.
PUBLICITY: EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE CONTEST CONSTITUTES PARTICIPANT’S CONSENT TO SPONSOR’S AND SPONSOR RELEASED PARTIES’ USE OF WINNER’S NAME, CREATIVE WORD, LIKENESS, PHOTOGRAPH, VOICE, OPINIONS AND/OR HOMETOWN AND STATE FOR PROMOTIONAL PURPOSES IN ANY MEDIA, THROUGHOUT THE UNIVERSE, WITHOUT FURTHER PAYMENT OR CONSIDERATION TO THE PARTICIPANT.
ERRORS AND UNAUTHORIZED ACTIVITY: Sponsor is not responsible: (1) for any incorrect or inaccurate information, whether caused by participants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) for technical and/or communications malfunctions, errors or failures of any kind; (3) for unauthorized human intervention in any part of the Contest; and/or (4) for technical or human error which may occur in the administration of the Contest or the processing of entries. Sponsor reserves the right to cancel, modify, or suspend the Contest or any portion thereof should virus, bugs, or other causes beyond the Sponsor’s control corrupt the administration or security of the Contest. Internet entry must be made by the participant only at the authorized website indicated in these Rules at [insert direct link to contest entry page]. Entries may not be made by any other individual or any entity, and/or originating at any other Internet website or e-mail address. Any Prize winner who enters by any means other than the method described in these Rules will be disqualified. Sponsor reserves the right in its sole discretion to disqualify any entry at any time if Sponsor determines that the participant has not complied with these Rules.
DISPUTES: EXCEPT WHERE PROHIBITED BY LAW, BY ENTERING THE CONTEST EACH PARTICIPANT AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION (COLLECTIVELY “CLAIMS”) ARISING OUT OF THE CONTEST OR ANY PRIZE(S) WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY CLAIMS WILL BE RESOLVED EXCLUSIVELY BY THE FEDERAL COURTS LOCATED IN TRAVIS COUNTY, TEXAS; (3) ANY AND ALL JUDGMENTS AND AWARDS RELATED TO THE CLAIMS WILL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED AND IN NO EVENT WILL SUCH COSTS INCLUDE ATTORNEYS’ FEES; AND (4) NO PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING LOST PROFITS) (COLLECTIVELY “SPECIAL DAMAGES”) WILL BE AWARDED. SPONSOR’S FAILURE TO ENFORCE ANY TERM OF THESE RULES SHALL NOT CONSTITUTE A WAIVER OF THAT PROVISION. EACH PARTICIPANT WAIVES ALL RIGHTS TO CLAIM SPECIAL DAMAGES AND ALL RIGHTS TO HAVE SUCH DAMAGES MULTIPLIED OR INCREASED. ALL CLAIMS, ISSUES, AND QUESTIONS RELATED TO THE CONSTRUCTION, VALIDITY, INTERPRETATION, AND ENFORCEABILITY OF THESE RULES, OR THE RIGHT AND OBLIGATIONS OF PARTICIPANT AND SPONSOR IN CONNECTION WITH THIS CONTEST, WILL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARDS TO CONFLICT OF LAWS.
WINNER LIST: Any Contest participant may submit a written request to see the name and hometown of the Contest winner to firstname.lastname@example.org.
CONTEST VOID WHERE RESTRICTED OR PROHIBITED BY LAW.