GLASS LADDER SERIES
3% CONFERENCE CONTEST
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT IMPROVE YOUR CHANCES OF WINNING.
American Association of Advertising Agencies (d/b/a 4A’s) (“Sponsor”) may from time to time offer games of chance and/or contests of skill on Twitter where participants may enter via Twitter (each, a “Twitter Promotion”). Each Twitter Promotion will be announced via a “tweet” from the applicable Sponsor Twitter user name (“Twitter Promotion Announcement”). The promotion details provided in each Twitter Promotion Announcement, such as how to enter, entry deadline, entry limitation (if any), and prize(s), are incorporated herein by reference. The Cindy Gallop #4asglassladder 3% Conference Challenge 2015 is a Twitter Promotion.
Twitter Promotion Official Rules
1. Eligibility: Except where prohibited by law, the Cindy Gallop #4asglassladder 3% Conference Challenge 2015 (the “Twitter Promotion”) is open only to legal residents of the fifty (50) United States, and the District of Columbia, and Canada (excluding Quebec) who (a) have reached the age of majority in their state or province of residence, and (b) are attendees at the 3% Conference. Employees of 4A’s and its parent, affiliates and subsidiaries, franchisees, and participating promotion and advertising agencies (collectively, “Promotion Entities”), and members of their immediate families (spouse and parents, siblings, children and their respective spouses, regardless of where they reside) and their same households, whether or not related, are not eligible to participate. Void where prohibited by law and in the Province of Quebec. Subject to all applicable federal, state, provincial and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s and judges’ decisions, which are final and binding on all matters related to the Twitter Promotion.
2. How to Enter: (a) To enter the Twitter Promotion, follow the entry instructions provided in the Twitter Promotion Announcement, which provide that, to enter, an eligible entrant must to take a photo with the Cindy Gallop Cutout during the 3% Conference and Tweet the image including hashtag #4AsGlassLadder. All entries must be received between 8:00 a.m. EDT on October 26, 2015 and 5:30 p.m. EDT on October 27, 2015 (“Entry Period”). Limit of one (1) entry per person. Entries received in excess of the stated entry limitation will be void. Entries generated by script, macro or other automated means or by any means which subvert the entry process will be void. By submitting an entry, you understand that the entry will be posted on Twitter for viewing by the general public. You agree that the Released Parties (as defined below) are not responsible for any unauthorized use of entries by third parties. Released Parties do not guarantee the posting of any entry.
Rules Governing Submissions: (b) the photo submitted for entry into the Twitter Promotion must comply with the following, and you are solely responsible for compliance: (i) The entry must be your own original work, created solely by you; must not have been previously published, released or distributed in any form; must not have won any award; and must not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity. (ii) If any persons, identifiable objects or locations appear in the entry, you are solely responsible for obtaining, prior to submitting your entry, any and all releases and consents necessary to permit the exhibition and use of the entry by Sponsor in any media without compensation for Sponsor’s advertising and promotional purposes, and you agree to indemnify Sponsor for any and all costs arising from your failure to obtain necessary releases and consents. If any person appearing in the entry is under the age of majority in their state of residence, the signature of a parent or legal guardian is required on each release. (iii) The entry must not contain any personally identifiable information of any person other than yourself. Should you include personally identifiable information about yourself in your entry, you acknowledge and agree that such information will be disclosed publicly and you are solely responsible for any consequences thereof. (iv) The entry must not contain any music. (v) The entry must not contain or reference any names, products or services of any company or entity or any third party trademarks, logos, trade dress or promotion of any brand, product or service. (vi) Entries that are lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, obscene, or entries that otherwise contain what Sponsor considers inappropriate content or objectionable material may not be submitted and may be removed at any time in Sponsor’s sole and unfettered discretion. Sponsor reserves the right in its sole and unfettered discretion to disqualify any entry that it believes violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these Official Rules or Twitter’s Terms of Service. Entrants agree to indemnify and hold Released Parties (as defined below) harmless from and against any suits, claims, losses, damages and expenses, including reasonable attorney fees, that it may sustain from any breach of a representation or warranty made by the entrant or the use of any rights granted by the entrant to Sponsor hereunder.
3. Winner Selection: Up to ten (10) winners for the Twitter Promotion will be selected at random by the Sponsor within seven (7) days after the end of the Entry Period. The potential winners will be selected in a random drawing from among all eligible entries received during the Entry Period and the odds of winning will depend on the number of eligible entries received. Sponsor reserves the right to not award the prize or all prizes for the Twitter Promotion if, in its sole discretion, it does not receive a sufficient number of eligible and qualified entries. If more than one individual submits the same entry (e.g., entry requires entrant to name a product), all entries received after the first entry received will be void. Decisions of the Sponsor and judges are final and binding in all respects. If a potential winner resides in Canada, before being confirmed as a winner, the selected entrant must correctly answer unaided, a time limited mathematical skill-testing question administered by Twitter direct messaging, email or telephone.
4. Winner Notification: Potential winner(s) will be notified via Twitter Direct Reply Message. If a potential winner does not respond to the winner notification message within 7 days of the date the notice was sent, the prize may be forfeited and, at Sponsor’s discretion, an alternate winner may be selected for the Twitter Promotion. A potential winner may be required to execute and return an Affidavit of Eligibility and Liability/Publicity Release (where permitted) within a time period specified by Sponsor. Failure to return all required documents within the specified time period, the return of a prize or prize notification as undeliverable or a potential winner’s noncompliance with these Official Rules will result in disqualification and, at Sponsor’s discretion, an alternate winner selected for the Twitter Promotion at issue.
5. Prizes: Each winner will receive the following prize: one (1) complimentary registration for a Cindy Gallop Glass Ladder Series webinar. The approximate retail value of each prize is $[Insert Dollar Value of webinar]. Prizes may not be redeemed for cash, transferred or substituted except by Sponsor, who reserves the right to substitute a prize (or portion thereof) with an item of comparable or greater value. Limit one (1) prize per person/Twitter user name. Expiration dates may apply. Additional prize restrictions may also apply. All prize details are at Sponsor’s discretion. TAXES ARE THE SOLE RESPONSIBILITY OF THE WINNER. Prize is awarded “as is” without warranty of any kind, express or implied, without limitation. All costs and expenses associated with prize acceptance and use not specified in the Twitter Promotion Announcement or these Official Rules as being provided are the responsibility of the winner. All prize details, including color, manufacturer and model (if applicable), are at Sponsor’s sole discretion.
6. Grant of Rights: Entrants warrant, represent, and agree that by entering, the entrant irrevocably grants to Sponsor and its designees the perpetual right, but not the obligation, worldwide to edit, adapt, modify, publish, exploit and use the entry and all elements embodied therein, including, but not limited, any names or likenesses, in any way and in any media, whether now known or hereafter devised, for internal, trade, advertising, promotional and/or other purposes as Sponsor and/or its designees may determine without further consideration, notification or permission of entrants, winners or any third parties. Entrants agree to sign any documents that may be necessary to affect the assignment of these licensing rights.
7. General Conditions: By accepting a prize, each winner grants Sponsor and its designees the right to use his/her name, Twitter user name, biographical information, photo and/or likeness for advertising, publicity, promotional and other purposes in any and all media, now or hereafter devised, throughout the world in perpetuity, without additional compensation, notification or permission, except where prohibited by law. Released Parties (as defined below) are not responsible for lost, late, incomplete, inaccurate, delayed, stolen, misdirected, undelivered or garbled Twitter Promotion Announcements, tweets, retweets or entries; or 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 Twitter Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Twitter Promotion, the processing of tweets, retweets or entries, the announcement of the prize(s) or in any Twitter Promotion Announcement or Twitter 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 Twitter 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 the Twitter Promotion or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Twitter Promotion or website, who are in violation of these Official Rules, or who act in an unsportsmanlike or disruptive manner as solely determined by Sponsor, will be disqualified and all associated entries will be void. Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Twitter Promotion (or any portion thereof) for any reason, including, but not limited to, should any portion of the Twitter Promotion be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, and, if terminated, at its discretion, select the potential winner(s) for the Twitter Promotion at issue from all eligible, non-suspect entries received for the Twitter Promotion prior to action taken using the winner selection method indicated in the corresponding Twitter Promotion Announcement or as otherwise deemed fair and appropriate by Sponsor. If there is a dispute as to the identity of an entrant, the prize will be awarded to the authorized account holder of the email address connected to the winning Twitter account and s/he must comply with these Official Rules. The “authorized account holder” is defined as the natural person to whom the email address is assigned by an Internet service provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
8. Released Parties: The term “Released Parties” as used herein shall encompass the 4A’s and its officers, directors, employees and agents acting in concert with or at the direction of 4A’s in connection with the Twitter Promotion.
9. Release and Indemnification: BY ENTERING THE TWITTER PROMOTION, ENTRANTS RELEASE AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHT, CLAIMS, AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE TWITTER PROMOTION OR PARTICIPATION IN ANY TWITTER PROMOTION-RELATED ACTIVITY, INCLUDING WITHOUT LIMITATION, ACCESS TO ANY MATERIALS, OR RESULTING DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE PROMOTION, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY.
10. Governing Law/Jurisdiction: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of participants or Sponsor in connection with the Twitter Promotion shall be governed by and construed in accordance with the internal laws of the state of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state laws. Claims may not be resolved through any form of class action. Venue for all suits will be in federal or state courts located in New York, NY.
11. Severability: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
12. Winners’ List: You can obtain the list of winners for the Twitter Promotion by sending a tweet to the same Sponsor Twitter user name designated for entry into the Twitter Promotion. Requests for winners’ lists received 30 days after the conclusion of the Twitter Promotion will not be honored.
13. Sponsor: American Association of Advertising Agencies (d/b/a 4A’s), 1065 Avenue of the Americas, 16th Floor New York, NY 10018