Official Contest Rules and Regulations
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
Any individual who enters, attempts to enter, or in any way participates or attempts to participate (hereinafter referred to as “Entrant(s)”) in the 2014 Halloween Costume Contest (the “Contest”) conducted by Wear Your Superheroes (the “Sponsor”) agrees to be bound by the terms and conditions of these Official Contest Rules and Regulations (“Rules”), as well as the Sponsor’s interpretations of these Rules which are final and binding in all matters relating to the Contest.
1. APPLICABLE LAW. The Contest is subject to and governed by applicable federal, state, local and municipal laws and regulations. All issues and questions concerning the construction, validity, interpretation, and enforceability of the Rules, or the rights and obligations of Entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Ohio, United States of America, without reference to its conflict of laws principles.
2. ELIGIBILITY. The Contest is open to legal residents of the United States. Entrants must be at least eighteen (18) years of age or older at the time of entry. Entries from individuals under the age of eighteen must be submitted by the individual’s parent or legal guardian.
The administrators, officers, directors, representatives, employees, contractors, and agents of the Sponsor and any entity involved in the sponsorship and promotion of the Contest (collectively, “Contest Entities”), as well as their immediate family members, are prohibited from participating in the Contest and do not qualify as Entrants.
The Contest is void where prohibited or otherwise restricted by law.
3. CONTEST PERIOD. The Contest begins on Friday, October 31, 2014 at 12:00:00 a.m. Eastern Daylight Time and ends on Friday, November 7, 2014 at 11:59:59 p.m. Eastern Standard Time (the “Contest Period”). All entries must be received during this time period. The Sponsor reserves the right, in its sole discretion, to extend or shorten the Contest.
4. HOW TO ENTER. To enter the contest, take a photograph of yourself or your child in a costume portraying a comic book character and post it on the Wear Your Superheroes Facebook page, located at https://www.facebook.com/wearyoursuperheroes, with the hashtag #WYSCostumeContest in the description. To be eligible for the Contest’s “Best Local Costume” category, open to residents of Ohio, Kentucky, and Indiana, include the hashtag #WYSCincy in the description as well. Limit one entry per person.
The Sponsor reserves the right, in its sole discretion, to disqualify and delete entries that it deems to be inappropriate. This includes, but is not limited to, costumes and photographs that:
- Do not depict the entrant or the entrant’s child;
- Are sexually explicit or suggestive, or contain nudity;
- Depict or promote violence, dangerous or illegal activity, or the use of illegal drugs, alcohol, tobacco, or firearms;
- Contain defamatory, derogatory, hateful, or disparaging remarks about the Sponsor or any other person, group, company, or product.
- Contain advertisements or political speech;
- Infringe upon the trademark, copyright, or other intellectual property rights of another;
- Are in violation of the law; and
- Are otherwise inconsistent with the positive image and message with which the Sponsor wishes to be associated.
The Sponsor is not responsible for problems with Contest entries, including but not limited to electronic transmission errors resulting in omission, interruption, deletion, defect, or delay in operations or transmission, even if the problem is the result of the sole or partial negligence of the Sponsor.
5. SELECTION OF WINNERS. The Contest will have up to five winners (hereinafter referred to as the “Winner(s)”):
- “People’s Choice,” the best costume as voted on by Facebook users
- “Best Children’s Costume,” selected by the Sponsor
- First-, second-, and third-place for “Best Local Costume,” selected by the Sponsor
The Entrant who submitted the qualifying photograph that receives the most Likes on Facebook, as determined solely by the Sponsor, will be the “People’s Choice” winner. In the event of a tie, the Sponsor may, in its sole discretion, extend the voting period or break the tie by judging the entries in question based on creativity and execution.
The Sponsor will select the “Best Children’s Costumer” Winner from among qualifying entries portraying a costume for a child no more than twelve (12) years old. Entries will be judged solely by the Sponsor based on creativity and execution.
The Sponsor also will select and rank three “Best Local Costume” Winners from among qualifying Greater Cincinnati area entries that include the hashtag #WYSCincy in the photograph description. Only residents of Ohio, Kentucky, and Indiana are eligible to win the “Best Local Costume” category.
Winners will be determined and announced no later than Wednesday, November 12, 2014, and are subject to verification. If any Winner is found to be ineligible or not in compliance with these Rules, or if a Winner cannot be verified, the Sponsor reserves the right to select a different Winner.
The list of Winners of this Contest will be published on the Wear Your Superheroes Facebook page and on the Wear Your Superheroes website no later than Wednesday, November 12, 2014.
The Sponsor may, in its sole discretion, recognize additional entries with an “Honorable Mention” designation; such entries will not be considered Winners and will not be eligible to receive a prize.
6. ODDS OF WINNING. The odds of winning depend on the number of eligible entries received.
7. PRIZES. The “People’s Choice” Winner will be eligible to receive a code, delivered via a Facebook message or email, good for $50 (USD) worth of merchandise from Zazzle.com, valid for U.S. residents only. The “People’s Choice” Winner must contact the Sponsor via a Facebook message or email within thirty (30) days of the end date of the Contest Period in order to receive his/her prize. The approximate retail value (“ARV”) of the “People’s Choice” prize is the face value of the code, $50 (USD).
The “Best Children’s Costume” Winner will eligible to receive a Super Blanky™ of his/her choice from SuperBlanky.com. The prize will be shipped to the “Best Children’s Costume” Winner, who must first provide their valid U.S. mailing address to Super Blanky via a Facebook message or email within thirty (30) days of the end date of the Contest Period in order to receive his/her prize. The ARV of the “Best Children’s Costume” prize ranges from $32.99 to $47.99 (USD), and depends on the item selected.
The first-place “Best Local Costume” Winner will be eligible to receive a $25 gift certificate to Arcadian Comics & Games (“Arcadian”), located at 627 Monmouth St., Newport, KY 41071. Both the second- and third-place “Best Local Costume” Winners will be eligible to receive a $10 gift certificate to Arcadian, respectively. Each certificate will be mailed to its respective Winner, who must first provide their valid Ohio, Kentucky, or Indiana mailing address to Wear Your Superheroes via a Facebook message or email within thirty (30) days of the end date of the Contest Period in order to receive his/her prize. The ARV of each “Best Local Costume” prize is the face value of the certificate, either $10 or $25 (USD).
In addition, all Entrants who are residents of Ohio, Kentucky, or Indiana will be eligible to receive one free comic book from Arcadian, while supplies last. Entrants must pick up the comic book from Arcadian during its business hours within thirty (30) days of the end date of the Contest Period, and must demonstrate to Arcadian’s satisfaction their participation in the Contest in order to receive a comic book. Arcadian reserves the rights, in its sole discretion, to select the comic book awarded to each Entrant and to substitute prizes. The ARV of each comic book will vary depending on the exact item received by each Entrant.
The total number of prizes awarded in this Contest, excluding comic books, will not exceed five. Limit one (1) prize per person/household. The total ARV of all prizes available in this Contest, excluding comic books, ranges from $127.99 to $142.99.
The ARV of each prize is determined as of the date of publication of these Rules. Any difference between the ARV as stated herein and the actual retail value of a prize will not be awarded.
The Winner or recipient of each prize is solely responsible for determining and paying all federal, state, local, and other taxes relative to prize won. In addition, any costs relating to each prize are the sole responsibility of the Winner. Prizes are non-transferable and are not redeemable for cash.
The Winner of each mailed prize will assume the risk of the prize’s safe arrival. If a Winner is unable or unwilling to accept and claim his/her prize as stated, then the prize may be forfeited and awarded to a different Entrant.
Any prize won by an eligible Entrant who is a minor in his/her state of residence will be awarded to the minor’s parent or legal guardian.
All prizes are subject to availability. The Sponsor reserves the right, in its sole discretion, to substitute prizes.
8. CONTEST CANCELLATION. The Sponsor reserves the right, in its sole discretion, to cancel, terminate, suspend, or modify the Contest if it determines that the Contest cannot be completed for any reason.
9. PARTICIPATION PROBLEM DISCLAIMER. Even if alleged to be caused by the sole or partial negligence of the Sponsor, the Sponsor is not responsible for any problems that affect, or result from, participation or attempted participation in the Contest. This includes but is not limited to: Incorrect, incomplete, inaccurate, late, misdirected, misplaced, or illegible entry information; Human errors; Failures, omissions, interruptions, deletions or defects of any wireless network, telephone network, internet service, computer systems, servers, utility providers, or software; Identity theft; Tampering, destruction or unauthorized access to, or alteration of, entries or computer data; Network hackers or other unauthorized access to the Sponsor’s computer network; Data that is processed late or incorrectly or is incomplete or lost due to wireless network, telephone network, computer or electronic malfunction or traffic congestion on wireless or telephone networks; and Equipment malfunctions.
10. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE CONTEST AND ALL PRIZES IN CONNECTION WITH THE CONTEST ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OR REPRESENTATIONS EXPRESS, IMPLIED, OR STATUTORY; INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL THE CONTEST ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE CONTEST OR AN ENTRANT’S PARTICIPATION IN THE CONTEST.
11. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND NOT WITHSTANDING ANY OTHER PROVISION OF THE RULES, THE TOTAL LIABILITY, IN THE AGGREGATE, OF THE CONTEST ENTITIES FOR ANY AND ALL CLAIMS, LOSSES, COSTS, OR DAMAGES, INCLUDING ATTORNEYS’ FEES AND OTHER SUCH COSTS OF BRINGING A CLAIM, SHALL NOT EXCEED THE TOTAL ARV OF PRIZES AWARDED, OR THE TOTAL AMOUNT OF $142.99, WHICHEVER IS LOWER. IT IS INTENDED THAT THIS LIMITATION APPLY TO ANY AND ALL LIABILITY OR CAUSE OF ACTION HOWEVER ALLEGED OR ARISING, UNLESS OTHERWISE PROHIBITED BY LAW.
12. RELEASE AND INDEMNIFICATION. AS CONSIDERATION FOR ENTERING THE CONTEST, EACH ENTRANT AGREES TO RELEASE, DISCHARGE, AND COVENANT NOT TO SUE THE CONTEST ENTITIES, FACEBOOK, AND EACH OF THEIR RESPECTIVE DIRECT AND INDIRECT AFFILIATES, DIVISIONS, PARENT AND SUBSIDIARY COMPANIES, ADMINISTRATORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, MANAGERS, MEMBERS, DIRECTORS, OWNERS, AGENTS, INSURERS, ATTORNEYS, PREDECESSORS, SUCCESSORS, AND ASSIGNS THEREOF (COLLECTIVELY, THE “RELEASED PARTIES”), FROM AND AGAINST ALL CLAIMS, DAMAGES, CHARGES, INJURIES, LOSSES, PROCEEDINGS, SUITS, ACTIONS (INCLUDING BUT NOT LIMITED TO TORT ACTIONS, PRODUCT LIABILITY ACTIONS, WRONGFUL DEATH ACTIONS, WARRANTY ACTIONS, BREACH OF CONTRACT ACTIONS, PRIVACY AND DEFAMATION ACTIONS, MISAPPROPRIATION OF LIKENESS ACTIONS, IDENTITY THEFT, OR LOSS OF CONSORTIUM CLAIMS), EXPENSES AND ATTORNEY FEES THAT THEY OR ANYONE ON THEIR BEHALF (INCLUDING BUT NOT LIMITED TO THEIR HEIRS, REPRESENTATIVES, OR NEXT OF KIN) HAVE OR MIGHT HAVE FOR ANY DEATH, INJURY, DAMAGE OR CLAIMED INJURY OR DAMAGE ARISING OUT OF, INVOLVING, OR RELATING TO THEIR PARTICIPATION IN THE CONTEST, INCLUDING BUT NOT LIMITED TO ANY CLAIM THAT THE ACT OR OMISSION COMPLAINED OF WAS CAUSED IN WHOLE OR IN PART BY THE STRICT LIABILITY OR NEGLIGENCE IN ANY FORM OF THE RELEASED PARTIES.
ADDITIONALLY, AS CONSIDERATION FOR ENTERING THE CONTEST, EACH ENTRANT AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE RELEASED PARTIES IN ANY ACTION OR PROCEEDING FROM AND AGAINST ALL CLAIMS, DAMAGES, CHARGES, INJURIES, LOSSES, PROCEEDINGS, SUITS, ACTIONS (INCLUDING BUT NOT LIMITED TO TORT ACTIONS, PRODUCT LIABILITY ACTIONS, WRONGFUL DEATH ACTIONS, WARRANTY ACTIONS, BREACH OF CONTRACT ACTIONS, PRIVACY AND DEFAMATION ACTIONS, MISAPPROPRIATION OF LIKENESS ACTIONS, IDENTITY THEFT, OR LOSS OF CONSORTIUM CLAIMS), EXPENSES AND ATTORNEY FEES THAT THEY OR ANYONE ON THEIR BEHALF (INCLUDING BUT NOT LIMITED TO THEIR HEIRS, REPRESENTATIVES, OR NEXT OF KIN) HAVE OR MIGHT HAVE FOR ANY DEATH, INJURY, DAMAGE OR CLAIMED INJURY OR DAMAGE ARISING OUT OF, INVOLVING, OR RELATING TO THEIR PARTICIPATION IN THE CONTEST OR FOR THEIR FAILURE TO COMPLY WITH THE TERMS OF THE ABOVE RELEASE PROVISION. THIS AGREEMENT TO INDEMNIFY, HOLD HARMLESS AND DEFEND APPLIES EVEN IF THE ACT OR OMISSION COMPLAINED OF WAS ALLEGEDLY CAUSED IN WHOLE OR IN PART BY THE STRICT LIABILITY OR NEGLIGENCE IN ANY FORM OF THE RELEASED PARTIES.
THE CONTEST ENTITIES ARE NOT RESPONSIBLE FOR, AND EACH WINNER SHALL INDEMNIFY THE CONTEST ENTITIES FROM AND AGAINST, ANY AND ALL CLAIMS, INJURIES, LOSSES, OR DAMAGES OF ANY KIND RESULTING FROM ACCEPTANCE, USE, MISUSE, POSSESSION, OR LOSS OF A PRIZE.
13. DISPUTES. By participating in the Contest, each Entrant agrees that to the extent permitted by law: (1) the Contest Entities’ total liability for any claim arising out of or connected with the Contest shall not exceed the ARV of the prize in question, or the amount of $50, whichever is lower; (2) any dispute, controversy, claim, or cause of action arising out of or connected with the Contest, or any prize awarded, will be resolved individually, without resort to any form of class action; and (3) any dispute, controversy, or claim not otherwise resolved through direct discussions or mediation will be resolved by final and binding arbitration administered by the American Arbitration Association in accordance with its arbitration rules and procedures or subsequent versions thereof (the “AAA Rules”). The AAA Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in Ohio. The forum and venue for any dispute shall be in Hamilton County, Ohio, and therefore all proceedings brought pursuant to this paragraph will be conducted in Hamilton County, Ohio. 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. Each Entrant agrees that the statute of limitations for asserting any claims shall be a period of one year from the end date of the Contest Period.
14. PUBLICITY. Except where prohibited by law, participation in the Contest constitutes an Entrant’s consent to Sponsor’s and its agents’ and designees’ use of Entrant’s name, likeness, photograph, voice, opinions, testimonials, biographical information, and/or city and state of residence, for promotional purposes in any media now known or hereinafter developed, worldwide, without further payment or consideration. Entrant’s name and likeness may be published on Sponsor’s website and on Sponsor’s social media accounts in Sponsor’s sole discretion for any purpose the Sponsor deems proper.
15. PRIVACY. Any personally identifiable information collected in connection with this Contest may be used by the Sponsor and shared with the Sponsor’s affiliates, agents, and any other entity involved in the sponsorship or promotion of the Contest, for purposes of the proper administration and fulfillment of the Contest as described in these Rules.
15. DISQUALIFICATION. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest, or to be acting in violation of the Rules of this Contest or in an unsportsmanlike or disruptive manner. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor’s failure to enforce any term of these Rules shall not constitute a waiver of that provision.
16. SEVERABILITY. If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
17. RULE CHANGES. The Sponsor reserves the right, in its sole discretion, to make changes or additions to these Rules at any time without notice. The Sponsor reserves the right, in its sole discretion, to interpret the Rules of the Contest, and such interpretation shall be binding upon all Entrants.
18. COPY OF RULES AND WINNERS LIST. Copies of these Rules may be obtained by sending a self-addressed stamped envelope to: Wear Your Superheroes, 2014 Rules Request, P.O. Box 24026, Cincinnati, OH 45224-0026. These Rules may also be found at www.wearyoursuperheroes.org.
For a list of Contest winners, send a self-addressed, stamped envelope to: Wear Your Superheroes, 2014 Winners List Request, P.O. Box 24026, Cincinnati, OH 45224-0026. This list of Winners may also be found at www.wearyoursuperheroes.org.
Rules and Winners List requests must be received no later than sixty (60) days after the end date of the Contest Period.
19. SPONSOR. Wear Your Superheroes, P.O. Box 24026, Cincinnati, OH 45224-0026.
The Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook. Any questions, comments or complaints regarding the contest should be directed to the Sponsor, not Facebook.