"WELLS FARGO / IT GETS BETTER PROJECT" TWITTER CONTEST OFFICIAL RULES
1. Preliminary Information. No purchase necessary. A purchase will not improve your chances of winning. Void where prohibited. The "Wells Fargo / It Gets Better Project" Twitter contest (the "Contest") begins October 22, 2013, at 12:01 p.m. and ends on October 25, 2013, at 12:00 p.m., all time Eastern Daylight Time (the "Contest Period"). Odds of winning depend upon the number of eligible entries received. Contest is subject all applicable federal, state and local laws.
2. Eligibility. Open only to permanent, legal United States ("U.S.") residents who are physically residing in one (1) of the fifty (50) United States or the District of Columbia, and who are twenty-one (21) years of age or older at the time of entry. Officers, directors, and employees of Contest Entities (as defined below), members of these persons' immediate families (spouses and/or parents, children, and siblings, and their spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Contest. Contest Entities, as referenced herein, shall include Here Media Inc. ("Sponsor"), Wells Fargo Bank, N.A., and their respective parent, subsidiary, and affiliate companies, and administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Contest.
4. Entries. All Entries become the property of Sponsor and will not be acknowledged. You must have the permission of any person that you identify or otherwise refer to in your Tweet or is otherwise recognizable in your Tweet. By entering the Contest, entrants grant Sponsor the worldwide, perpetual, non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the Tweet (and any and all content therein, including any and all video, photographs and text) and to incorporate the Tweet in other works in any and all markets and media including without limitation for advertising and promotion. Entrants warrant that they have the sole and exclusive right to grant such rights to Sponsor and that the Sponsors' reproduction, publishing, displaying, and/or other use of the Tweet will not infringe on any rights of third parties, including, without limitation, copyright, trademark, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. If any Tweet contains material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or if Tweet does not comply with these Official Rules or meet Sponsors' standards for any reason, as determined by Sponsors in their sole discretion, such Tweet (and related Entry) may be rejected as ineligible. Entries must comply with all applicable laws, rules, and regulations. Sponsor shall have no obligation to copy, publish, display, or otherwise exploit the Entry.
Entries generated by a script, macro, or other automated means will be disqualified. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an entrant, the authorized account holder of the Twitter account used to enter will be deemed to be the entrant. "Authorized account holder" is defined as the person who is assigned to a Twitter account by the Twitter Website. Entry constitutes permission (except where prohibited by law) to use entrant's name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval.
If you opt to enter the Contest via your wireless mobile device, standard text messaging and/or data rates may apply for each message sent or received from your handset according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Contest. Participation in this Contest by mobile device means that you understand that you may receive additional messages by mobile device relating to this Contest, including notifying you if you are a winner, which may be subject to charges pursuant to your carrier's rate plan. Text messaging may not be available from all mobile phone service carriers and handset models. Mobile device service may not be available in all areas. Check your devices capabilities for specific instructions.
5. Winner Selection and Notification. All eligible entries will be judged by the marketing and editorial departments of OUT magazine, who will select up to five (5) potential winners (each a "Winner") in their absolute and sole discretion. Entries will be judged based on originality, creativity and captivation. Depending upon the quality of submissions, and time permitting following any disqualifications, all prizes may not be awarded. The decision of the Sponsor and judges is final and binding on all matters relating to the Contest. The Winner will be chosen on or about October 28, 2013. Winning is subject to verification of eligibility. Potential Winner will be notified by direct message to potential Winner's Twitter account in order to obtain potential Winner's mailing and personal email addresses. If a potential Winner cannot be reached within forty eight (48) hours, is found to be ineligible, cannot or does not comply with these Official Rules, or if prize or prize notification is returned as undeliverable, such potential Winner will be disqualified and time permitting, at Sponsors' sole discretion, an alternate potential Winner may be selected from the remaining eligible Entries.
Potential Winner is responsible for travel to New York City at their own expense, and must be present for an on-camera interview (the "Interview") in New York City either on Wednesday, November 13, 2013, or Thursday, November 14, 2013. Airfare or other transportation, or hotel or other accommodations, will not be provided. Winner must also agree to attend the OUT100 event on Thursday, November 14, 2013, and record cell phone videos and photographs of the event (the "Recordings") and provide the Recordings to Sponsor immediately following the event. If Potential Winner is not able to travel to New York City, or is not available for or does not wish to participate in the on-camera interview, or does not wish to provide the Recordings, an alternate Winner may be selected from among all eligible remaining Entries, time permitting.
By entering the Contest, the Potential Winner grants Sponsor the worldwide, perpetual, non-exclusive, royalty-free, and irrevocable right to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the Recordings and any and all content therein, and to incorporate the Recordings in other works, in any and all markets and media including without limitation for advertising and promotion.
Potential Winner will be required to execute and return an affidavit of eligibility, release of liability, materials release for the Tweet and Recordings, and, except where prohibited, publicity release (collectively, "Contest Documents") within forty-eight (48) hours of such notification. Noncompliance within this time period may result in disqualification and, at Sponsors' discretion, and time permitting, an alternate potential Winner may be selected from among all eligible remaining Entries.
6. Prize. Following the Interview, each Winner will receive two (2) VIP tickets (the "Prize") to the OUT100 event on Thursday, November 14, 2013 (ARV:$500). The Prize will not be provided to the Winner until after the Interview is completed. Expenses not specifically included in Prize description and all taxes are the sole responsibility of the winner. The Prize is awarded "as is" and you hereby acknowledge that the Sponsor has neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize. The Prize will be awarded only if the potential Winner fully complies with these Official Rules.
No prize transfer or cash redemption. No prize substitution, in whole or in part, except by Sponsor due to prize unavailability or any other reason as solely determined by Sponsor, in which case a prize of comparable or greater value will be awarded. By accepting the Prize, Winner agrees to hold Sponsor, their advertising and promotion agencies, and their respective parent companies, subsidiaries, affiliates, partners, representative agents, successors, assigns, officers, directors, and employees harmless for any injury or damage caused or claimed to be caused by participation in the Contest or acceptance or use of the Prize.
7. Privacy / Publicity. The information you provide, including your email address, may be used to contact you in connection with the Contest as well as for general marketing and promotional purposes. By participating in the Contest, you consent to receive news, updates and/or promotional information from Sponsor and/or its related or affiliated entities and brands. Acceptance of the Prize constitutes permission for Sponsor, or a party designated by Sponsor, to use the winner's name, image, likeness, photograph and entry submission (including an altered form) for advertising, publicity and promotional purposes, in any and all media now or hereafter known, including, but not limited to, online announcements or sharing this information with the press for viewing, whether television or print, throughout the world, in perpetuity, all without any additional compensation, notification, or permission, except where prohibited by law.
8. Release of Liability. By entering the Contest, each entrant agrees for entrant and for entrant's heirs, executors, and administrators (a) to release and hold harmless Contest Entities and their respective officers, directors, and employees (collectively, "Released Parties") from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant's participation in the Contest and/or his/her acceptance, possession, use, or misuse of Prize or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Contest and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to Prize, including express warranties provided exclusively by Prize supplier that are sent along with Prize; (c) if selected as a Winner, to the use by Released Parties of such entrant's name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Contest itself, and to be bound by all decisions of the Sponsors, which are binding and final. Failure to comply with these conditions may result in disqualification from the Contest at Sponsors' sole discretion.
9. Representations and Warranties. By participating in the Contest, you warrant and represent that your entry is original to you, has not been previously published or won any award, and does not contain any material that would violate or infringe upon the rights of any third party, including copyrights (including, without limitation, copyrighted images or footage), trademarks or rights of privacy or publicity. You further warrant and represent that you have all appropriate clearances, permissions and releases for the Entry, including releases from all persons appearing in the Tweet, location releases for all recognizable locations, and releases from anyone who assisted in the creation of the Tweet, and shall provide the same to Sponsor on request. In the event you cannot provide all required releases, Sponsor reserves the right, in Sponsor's sole discretion, to disqualify the Entry or seek to secure the releases and clearances for Sponsor's benefit. You further represent and warrant that the Tweet does not feature nudity or obscene language or material that is libelous or defamatory. You hereby agree to indemnify and hold the Sponsor and all other Contest Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.
10. Contest Administration. All interpretations of these Official Rules and decisions by Sponsor are final. The Sponsor is not responsible for any printing, typographical, mechanical or other error in the printing of the offer, administration of the Contest or in the announcement of the Prize. Sponsor is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any Web site or any combination thereof. The Sponsor shall assume no liability resulting from losses, delays, mistaken addresses on mail or e-mail received, typographical errors, technical, computer or telephone malfunctions, loss or theft of computer or telephone data, damage to software or computer equipment, fraudulent calls or any other mistake. If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest. Sponsor reserves the right to select a Winner from eligible Entries received as of the termination date. Sponsor reserves the right to disqualify any individual who tampers with the entry process. Sponsor may prohibit an entrant from participating in the Contest if it determines in its sole discretion that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception or other unfair playing practices or intending to abuse, threaten or harass other entrants. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations), or other "force majeure" event will not be considered a breach of these Official Rules.
11. Disputes. By entering the Contest, each entrant agrees, except where prohibited, that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in New York, New York, and entrant hereby waives any and all objections to jurisdiction and venue in these courts and hereby submits to the jurisdiction of those courts; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event will attorneys' fees be awarded or recoverable; (3) under no circumstances will entrant be permitted to obtain any award for, and entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental, special, consequential and/or any similar damages, including without limitation lost profits, and further waives any and all rights to have damages multiplied or otherwise increased. The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorney's fees or other such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief. New York State law, without reference to New York's choice of law rules, shall govern the Contest and all aspects related thereto.
12. Request Name of Winner. For the name(s) of the winner(s), send a self-addressed stamped envelope by December 15, 2013, to: Here Media Inc., "Wells Fargo / It Gets Better Project" Contest, 10990 Wilshire Blvd., 18th Floor, Los Angeles, CA 90024, Attention: Business and Legal Affairs.
13. Sponsor. The Sponsor of this Contest is Here Media Inc.,10990 Wilshire Blvd., 18th Floor, Los Angeles, CA 90024 (the "Sponsor"). This Contest is in no way sponsored, endorsed or administered by, or otherwise associated with, Twitter. You are providing your information to Sponsor and not to Twitter. Any questions, comments or complaints regarding this Contest should be addressed to Sponsor and not to Twitter.