Official Rules for Vote Like Hell Contests
“Vote Like Hell” and/or its related entities ("CAKE" or “Sponsor”) may occasionally conduct contests and/or other giveaways (individually and collectively, “Promotion”) on social media/networking websites including but not limited to twitter.com, instagram.com, facebook.com, pinterest.com, and plus.google.com(each, a “Social Media Site”). Unless specifically noted otherwise by “Vote Like Hell”, these terms and conditions shall serve as the official rules for any such Promotion conducted by “Vote Like Hell”. “Vote Like Hell” may terminate, extend, suspend or alter any Promotion in its sole discretion.
ENTRY: No purchase necessary to participate or win. All federal, state and local taxes apply. You must be a member of the social media site on which the giveaway is being conducted to participate in the giveaway. Only one prize per person, household, email address and/or username will be allowed in any 90 day period. All entries must be received by 11:59 PM Pacific on Tuesday, November 6, 2018 to be eligible to win a prize. Late and/or subsequent entries per person, per household per email address and/or username will be disqualified. “Vote Like Hell” is not responsible for failure to receive an entry for any reason including but not limited to submission and/or transmission failures, technical malfunctions and/or other conditions beyond its reasonable control. From Thursday, September 20, 2018 to Tuesday, November 6, 2018 “Vote Like Hell” will ask its followers and fans to create social media messages reflecting their enthusiasm for voting and the reasons why. Winners will be judged based on personal preference of CAKE, and will be announced on the respective Social Media Site. Winning Participants must message or email CAKE to receive their prize, which may include signed CAKE merchandise or tickets to a CAKE concert in any city CAKE chooses. Prizes will be mailed to the address listed by the Participant.
ELIGIBILITY: To participate, you must be a legal US resident, 18 years of age or older at the time of entry. Employees and contractors of CAKE, and its sponsors and advertising agencies, and members of the immediate family of any such persons are not eligible to participate and/or win. The term “immediate family” includes spouses, domestic partners, siblings, parents, children, grandparents, grandchildren, or other family extension, and any other persons residing at the same household whether or not related.
WINNER SELECTION: CAKE’s clock will be the official time keeper for all Promotions. CAKE will judge entries and, in its sole discretion, pick winners. Winners will be notified within 5 business days following the conclusion of the Promotion via a tweet, Instagram post, or Facebook post (based on the platform on which the Winner entered the Promotion). If a winner does not respond to such notification within 5 business days and/or does not meet the stated eligibility requirements, such winner will be disqualified and CAKE reserves the right to judge an alternate winner from the remaining eligible entries received for the applicable Promotion. Winners may be required to sign and return an Affidavit of Eligibility, Liability Release and, where legally permissible, a publicity release and/or provide other personal or tax information. Winners will have 5 business days to provide all such information and to execute and return the Affidavit of Eligibility, Liability Release and publicity release (if required by “Vote Like Hell”). By entering, participants in the Promotion release the Released Parties (defined below) from any claims, losses, injuries or damages of any kind resulting from participation in the Promotion or the use or receipt of any prizes. Potential winners (and guests) are subject to background checks. The failure to comply with the foregoing requirements, or the return of any prize or prize notification as undeliverable may cause the winner to forfeit their prize and CAKE reserves the right to select an alternate winner. CAKE’s decisions concerning selection of winners, as well as all other matters relating to any Promotion, are final and binding.
PRIZES: The number and value of prizes awarded in any Promotion will vary and will be set forth in the Promotion posting. Prizes are awarded “as is” with no warranty or guarantee, either express or implied. Prizes may not be substituted, transferred, or redeemed for cash. CAKE reserves the right, in its sole discretion, to substitute a prize (or portion thereof) with one of comparable or greater value. Prize includes only what is specified in the prize description. Winners of concert/event tickets must be available to attend such concert/event on the date specified or another winner will be selected by CAKE. Tickets are subject to certain terms and conditions as specified thereon. Seat locations will be determined by the concert/event’s venue. Winner and, if applicable, winner’s guest, must comply with all venue rules and regulations. CAKE will not consider or fulfill any requests for additional or alternate prizes, including but not limited to requests for additional tickets, upgrades and/or alternate dates or seating. Winners are responsible for all applicable federal, state and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided. All prize details are at CAKE’s sole discretion.
LIMITATION ON LIABILITY: Entrants release, discharge, and agree to indemnify and hold harmless “Vote Like Hell”, CAKE and their respective directors, officers, employees, parents, subsidiaries, affiliates, agents, promotional partners and representatives (the “Released Parties”) from and against any liability for any damages, injury or losses (including death) to any person, or property, of any kind resulting in whole or in part, directly or indirectly from acceptance, possession, misuse or use of any prize or participation in any Promotion related activity or Participation in any promotion conducted by such entities.
GENERAL CONDITIONS: Illegible, inaccurate, damaged, misdirected, delayed, unintelligible or incomplete entries or responses will be disqualified. The Released Parties are not responsible for any lost, late, misdirected, stolen or undelivered entries. The Released Parties are not responsible for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing of entries, the announcement of the prizes and/or potential winner(s) or in any Promotion-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Promotion. Released Parties are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this contest downloading materials from or use of the web site. Persons who tamper with or abuse any aspect of the Promotion or website or who are in violation of these Official Rules, as solely determined by CAKE, will be disqualified and all associated entries will be void. In the event that technical or other circumstances compromise a Promotion (including, without limitation, a computer virus, bugs, tampering, unauthorized intervention, technical failures, insufficient volume of eligible entries), CAKE reserves the right, in its sole discretion, to cancel, modify or terminate the Promotion, and/or to select winners for prizes from all eligible entries received prior to the cancellation based on the applicable winner selection methods described in Section 3 of these Official Rules. Any attempt to deliberately damage or undermine the legitimate operation of a promotion may be in violation of criminal and civil laws and sponsor reserves the right to seek damages and other remedies (including attorney’s fees) from any such individual to the fullest extent of the law.
CLAIMS/CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant in connection with any Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York, without regard for conflicts of law doctrine, and all proceedings shall take place in the State of Washington. All participants who enter a Promotion agree to submit to the exclusive jurisdiction of the courts of the State of Washington and agree to waive the right to a jury trial with respect to any claim or dispute with regard to any aspect of any Promotion or these Official Rules. Under no circumstances will an entrant be permitted to obtain awards for, and entrants hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than actual out-of-pocket expenses, including attorneys’ fees or other legal costs, and any and hereby waives all rights to have damages multiplied or otherwise increased.
PUBLICITY/RELEASE: Except where prohibited by law or regulation, by entering into a Promotion and/or accepting a prize you grant CAKE permission to use your name, username/online alias, address (city and state), photograph, voice and/or other likeness, prize information, and/or any photo or video entry in all media now known or hereafter discovered (including, without limitation, on “Vote Like Hell” or CAKE’s websites and social media websites, such as Twitter, Instagram, Facebook, Pinterest, and Google+) worldwide in perpetuity, for any purpose in reference to a Promotion without additional compensation, consideration or consent
WINNER’S LIST: For the names of the winner(s) of a Promotion, please email email@example.com within 30 days following the conclusion of the applicable Promotion.
Promotions are in no way sponsored, endorsed or administered by, or associated with Twitter, Instagram, Facebook, Pinterest, Google+, or any other Social Media Site utilized by the Promotion.
If entering via Facebook, you understand that by entering, you are providing your entry information to “Vote Like Hell” and CAKE and not Facebook.