#WithHerStory | General Contest Rules
With Her Story General Contest Rules
With Her Story contest is offered by With You Design LLC, 23A East Market St. Red Hook, NY 12571. With You Design LLC, (“WYD”) will conduct all contests (“Contests”), including online and text-based contests, and contests conducted through With You Designs social media accounts (e.g., Facebook, Twitter, etc.), substantially as described in these rules, which may be amended by separate specific rules for individual contests. In the event that separate specific rules are issued for an individual contest, those rules, not these general rules, are controlling. By participating, each participant agrees as follows:
NO PURCHASE NECESSARY. Purchase does not enhance chance of winning the contest. Contest is void where prohibited. All federal, state, and local regulations apply.
1. ELIGIBILITY. Unless otherwise specified, all Contests are open only to legal U.S. residents age eighteen (18) years or older at the time of entry. Unless otherwise specified, employees of WYD, affiliates, advertising agencies, retailers and the immediate family members and household members of all such employees are not eligible to participate. The term “immediate family members” includes spouses, parents and step-parents, siblings and step-siblings, and children and stepchildren. The term “household members” refers to people who share the same residence at least three (3) months out of the year. An individual who has won more than $500 in a WYD contest in a particular calendar year is not eligible to participate in another WYD contest in that calendar year unless otherwise specifically stated. Entrants may not use an assumed name or alias (other than a screen name where a contest involves use of a social media site). Contests are subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein and any separate specific rules for individual contests.
2. CONTEST PERIOD. The Contest will begin and end at the times specified by WYD. WYD’s office computer is the official time keeping device for all Contests.
3. HOW TO ENTER. Entry methods for Contest will be specified by WYD and entries must be received during the Contest Period to be eligible. In any contest using on-line voting, such voting is limited to one vote per verified email address. If an entrant receives multiple and/or irregular votes or multiple votes from the same source, including votes generated by a program, script, macro or other automated means, WYD reserves the right to disqualify the entrant, in its sole discretion. WYD shall not be responsible for lost, late, incomplete, invalid, unintelligible, inappropriate or misdirected entries, all of which will be disqualified. In the event of a dispute as to any entry, the authorized account holder of the email address or telephone number used to enter will be deemed to be the participant. The “authorized account holder” is the natural person assigned the telephone number by the wireless carrier or an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winner may be required to show proof of being the authorized account holder. All entries become the sole and exclusive property of WYD and will not be returned. WYD reserves the right to contact entrants and all other individuals whose email address is submitted as part of a Contest.
4. DELIVERY DISCLAIMER. The Company disclaims all liability for any delays, mis-delivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method. The Company is not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware or software malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online entrant’s ability to participate in the contest, and any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in this contest.
5.WINNER SELECTION AND ODDS OF WINNING. Contest winners will be determined according to the method specified by WYD at WYD’s sole and exclusive discretion. Odds of winning a Contest prize may depend on a number of factors, including, but not limited to the number of votes the entry receives. The winning entrant will be contacted using the email address and/or telephone number provided with the entry and will be awarded the prize subject to verification of eligibility and compliance with the terms of these rules or the specific Contest rules. Failure to respond to the initial verification contact within three (3) days of notification may result in disqualification. WYD’s decisions as to the administration and operation of Contests and the selection of potential winners are final and binding in all matters related to the Contest. Any protest in the conducting of the contest, the selection of the winners, or the awarding of prizes must be made within three days of the conclusion of the contest; the resolution of any protest shall be in the sole discretion of Sponsor, whose decision shall be considered final.
6. NOTIFICATION AND VERIFICATION OF POTENTIAL WINNER. POTENTIAL CONTEST WINNERS ARE SUBJECT TO VERIFICATION BY WYD, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. The potential winner must continue to comply with all terms and conditions of these Official Rules and/or the Office Rules of the specific Contest, and winning is contingent upon fulfilling all requirements. The potential winner will be notified by email and/or telephone call, after the date the Contest concludes. In the event that the potential winner of a Contest prize is disqualified for any reason, WYD may award the applicable prize to an alternate from among all remaining eligible entries
7. PRIZES. Contest prizes will be as specified by WYD. Winner is responsible for all taxes associated with prize receipt and/or use. WYD reserves the right to substitute any listed prize for one of equal or greater value for any reason. If winner requests that a prize be mailed to him/her, and WYD agrees to do so, winner agrees that WYD will send the prize by Federal Express.
8. ENTRY CONDITIONS AND RELEASE. By entering a Contest, each participant agrees to: (a) comply with and be bound by these Official Rules, the Office Rules of the specific Contest, and the decisions of WYD, which are binding and final in all matters relating to any Contest; (b) release and hold harmless WYD and its subsidiaries, related and affiliated companies, and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, and each of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in a Contest, acceptance or use or misuse of prize , exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an entrant’s participation in the Contest and/or entrant’s acceptance, use, non-use or misuse of the prize.
9. PUBLICITY. Except where prohibited, participation in a Contest constitutes winner’s consent to WYD’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration, unless otherwise prohibited by law. Winners may be required to sign a separate publicity waiver and/or release upon collecting a prize.
10. CONSUMER CREATED CONTENT. If the entry for the Contest includes any creative material from the participant, including but not limited to, consumer created content, by submitting your entry: (1) you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place WYD or its Contest partners under any fiduciary or other obligation, that WYD is free to disclose the ideas on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you; (2) you acknowledge that, by acceptance of your submission, WYD does not waive any rights to use similar or related ideas previously known to WYD or its partners, or developed by their employees, or obtained from sources other than you; (3) you are verifying that you are the owner and producer of the submitted material and that no third party ownership rights exist to any material submitted, or, to the extent that any third party ownership rights exist, you have obtained all necessary licenses and/or clearances to use such third party content, and (4) you are hereby granting WYD a perpetual, worldwide, nonexclusive, royalty-free, sub-licensable (through multiple tiers) right and license to use, publish, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created, anywhere in the world, for any purpose.
11. TAXES. All State, Local, Federal and or other taxes, duties, tariffs, title fees, licensing fees, or other fees for prizes awarded in any Contest become the sole responsibility of the winner. Winners may be required to fill out and return an IRS W-9 tax form. All those who win a prize or prizes over a certain threshold value in any given year may be issued an IRS Form 1099 to report their winnings.
12. GENERAL CONDITIONS. WYD may cancel any Contest or any part of a Contest, if any fraud, technical failures or any other factor beyond WYD’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. WYD 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 these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner, or to be acting in violation of any federal, state or local law. Any attempt by any person to deliberately undermine the legitimate operation of a Contest may be a violation of criminal and civil law, and, should such an attempt be made, WYD reserves the right to seek legal remedies including damages from any such person to the fullest extent permitted by law. WYD may, in its sole discretion, waive or change any of these Official Rules in a particular case, but will advise the public of such waiver or changes as practicable as possible after they are made.
13. LIMITATIONS OF LIABILITY. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest ; (2) technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use, non-use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Contest.
14. DISPUTES. Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with a Contest, or any prizes awarded, other than those concerning the administration of the Contest or the determination of the winner, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with a Contest, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate state court; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering a Contest, but in no event attorneys’ fees; and (iv) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and WYD in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the state in which the entrant resides.
16. CONSTRUCTION. The invalidity or enforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision were not contained therein.
17. LIST OF WINNERS/COPY OF RULES. A copy of the Official Rules of the Contest, or list of the winners of a Contest may be obtained requesting a copy and sending a self-addressed stamped envelope to the WYD address identified below. A list of winners will be made available 30 days after the conclusion of a Contest: With You Designs LLC, 23A East Market Street, Red Hook, NY 12571