16 Bars Rules + Regulations
16 Bars – Rules + Regulations
Entrant hereby agrees to terms and conditions set forth in these Official Rules.
Entry Limit: An Entrant may record one (1) Submission during the Contest Period listed above. A Submission will only be considered if submitted during the Contest Period specified in the attached Schedule. Submissions sent directly to DTLR by email, or social media will be void
1. SUBMISSION GUIDELINES AND RESTRICTIONS: Each Submission:
Must not contain material that violates or infringes another’s rights, including, but not limited to, privacy, publicity, copyright, trademark, or other intellectual property rights;
Must not disparage Sponsor or any other person or party affiliated with the promotion or administration of this Giveaway;
Must not in any way mention, refer, or otherwise allude to the name, logo, or trademark of any entity, individual, product, or brand other than those of Sponsor and/or the brand specified in the How To Enter column in the attached Schedule for the applicable Submission;
Must not contain an image, photo, or artwork that is not the original work of the Entrant;
Must not include personally identifiable information, such as phone numbers or other identifiers relating to an individual (other than the individual’s image);
Must only include images of Entrant or other individuals who have given the Entrant express permission to use their image in the Giveaway;
Must not contain material that is inappropriate, indecent, lewd, pornographic, obscene, hateful, tortious, defamatory, slanderous, or libelous (as determined by Sponsor at Sponsor’s sole discretion);
Must not contain, facilitate, reference, or use a material that promotes bigotry, racism, hatred, or harm against any group or individual or promotes discrimination based on race, gender, ethnicity, religion, nationality, disability, sexual orientation, political orientation, citizenship, ancestry, marital status, or age (as determined by Sponsor at Sponsor’s sole discretion);
Must not contain material that is unlawful, in violation of, or contrary to the laws or regulations in any jurisdiction where Submission is created.
NOTE: By submitting a Submission, each Entrant agrees that his or her Submission conforms to the Submission Guidelines and Restrictions set forth above and that Sponsor may, at its sole and absolute discretion, disqualify Entrant from the Giveaway if Sponsor decides that Entrant’s Submission fails to conform to such requirements or any other provision of these Official Rules.
JUDGING AND WINNER SELECTION: There are two ways in which winners will be selected. For the Submissions that do not require a picture or a description of why the Entrant would like to win, the Prize Winner will be selected by a random drawing. The attached Schedule specifies which Submissions require a paragraph or photograph.
For the Prizes that require the Submission to include a picture or a description of why the Entrant would like to win, the Submissions received during the Giveaway Period will be judged by a panel of judges selected from the Sponsor’s third party marketing and brand teams (“Judges”). The Judges will score each eligible Submission according to the following weighted judging criteria: (1) “Originality” – 33%, (2) “Creativity” – 33%, (3) “Relevance to Giveaway theme” – 33%. The Entrants with the highest score from the Judges will be deemed the potential Prize Winners. Each Entrant may only have one (1) Submission that qualifies him or her as the potential winner of a particular Prize. DTLR to make the final determination of who will be the winners. Each winner is deemed a potential winner subject to verification of his/her eligibility and compliance with these Official Rules.
Prize Conditions: Prizes are non-transferable, non-assignable and no substitution, exchange, or cash equivalent will be allowed, except by Sponsor at Sponsor’s sole discretion. Prizes may not be redeemed for cash, nor may they be transferred or offered for sale or auction, and can be substituted only, at Sponsor’s sole discretion, with a prize of equal or greater value. Sponsor reserves the right to substitute a Prize for one of equal or greater value if the designated Prize should become unavailable for any reason. Any portion of a prize not accepted by a winner will be forfeited, and the Sponsor and Giveaway Entities shall not be responsible for any inability of the winner to accept or use any portion of a Prize for any reason. All applicable federal, state, local taxes, and all other fees, costs, expenses, and charges not specifically identified in these Official Rules as a Prize element, are the sole responsibility of the Prize Winner.
HOW TO CLAIM A PRIZE: Distribution of Prizes is subject to confirmation of eligibility of winning entrant, and a parent/legal guardian of a winner between the ages of 13-17 must claim the Prize on behalf of the Minor Prize Winner.
Prize Winner: Prize Winners of Prizes, must respond to the DM, conduct a video or a phone call with the Sponsor or Sponsor’s representative, agree to the terms of this Agreement, and provide the mailing address the Prize Winner would like to use to receive his/her Prize. During the video or phone call, the Sponsor or Sponsor’s representative will ask if the Prize Winner is at least 18 years of age and ask the Prize Winner or, if Prize Winner is a minor aged 13-17, require the Prize Winner’s legal guardian, to sign the Prize Acknowledgment Form and provide the appropriate mailing address to receive the Prize.
NO OBLIGATION TO USE: Sponsor shall have no obligation (express or implied) to use any Submission or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of any Submission for any reason, with or without legal justification or excuse, and Entrants shall not be entitled to any damages or other relief by reason thereof.
NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each Entrant hereby acknowledges and agrees that the relationship between the Entrant and the Sponsor and Giveaway Entities is not a confidential, fiduciary, or other special relationship and that the Entrant’s decision to provide the Entrant’s Submission to Sponsor for purposes of the Giveaway does not place the Sponsor or Giveaway Entities in a position that is any different from the position held by members of the general public with regard to elements of the Entrant’s Submission. Each Entrant understands and acknowledges that the Sponsor and Giveaway Entities have wide access to ideas, stories, designs, and other literary materials and that new ideas and designs are constantly being submitted to it or being developed by their own employees and agents. Each Entrant also acknowledges that many ideas, designs, or photos may be competitive with, similar, or identical to the Submission and/or each other in theme, idea, format or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of any Sponsor or Giveaway Entity’s use of any such similar or identical material.
DATES & DEADLINES/ANTICIPATED NUMBER OF ENTRANTS: Because of the unique nature and scope of the Giveaway, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Terms and Conditions or otherwise governing the Giveaway. Sponsor cannot accurately predict the number of Entrants who will participate in the Giveaway.
FURTHER DOCUMENTATION: If Sponsor desires to secure additional assignments, certificates of engagement for the Submission, or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Terms and Conditions, then each participant agrees to sign the same upon Sponsor’s request.
12. LIMITATION OF LIABILITY: By participating in this Giveaway, Entrants agree that the Sponsor, Giveaway Entities, Instagram, Twitter, Facebook, and their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, Web masters and their respective officers, directors, employees, representatives, designees and agents (“Released Parties”) are not responsible for lost, late, incomplete, stolen, misdirected, postage due or undeliverable email notifications or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; or garbled, corrupt or jumbled transmissions, service provider/Internet/page/usenet accessibility, availability or traffic congestion; or any technical, mechanical, printing, or typographical or other error; or unauthorized human intervention; or the incorrect or inaccurate capture of registration information; or the failure to capture, or loss of, any such information. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any page users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Giveaway and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction, or unauthorized access to the page or any Giveaway-related website(s). The Released Parties are not responsible for any injury or damage, whether personal or property, to participants or to any person’s computer related to or resulting from participating in the Giveaway and/or accepting a Prize. The Released Parties shall not be responsible or liable for entries that are entered by any automated computer, program, mechanism or device, for any entries in excess of the stated limit or for entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules, and all such entries may, at Sponsor’s sole discretion, be disqualified.
If, for any reason, a Submission is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as a Submission in the Giveaway, the Entrant’s sole remedy is to enter the Giveaway again to upload another Submission. If, for any reason, the Giveaway is not capable of running as planned, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Giveaway and/or proceed with the Giveaway, including the selection of Prize Winners in a manner it deems fair and reasonable, including the selection of Prize Winners from among eligible entries received prior to such cancellation, termination, modification or suspension.
By entering the Giveaway, each Entrant agrees: (i) to be bound by these Official Rules and by all applicable laws and by the decisions of Sponsor, which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his or her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Giveaway; and (iv) to forever and irrevocably agree to release, defend, indemnify and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the Giveaway, including, but not limited to, any Giveaway-related activity or element thereof, and the Entrant’s entries, participation or inability to participate in the Giveaway; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) typographical or printing errors in these Official Rules or any Giveaway materials; (d) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, nonuse, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a Prize (or any component thereof); (e) any change in the Prizes (or any components thereof) due to unavailability or due to reasons beyond Sponsor’s control, including, but not limited to, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, pandemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot or any other cause beyond any of the Released Parties’ control, or as otherwise permitted in these Official Rules; (f) any interruptions in or postponement, cancellation or modification of the Giveaway; (g) human error; (h) incorrect or inaccurate transcription, receipt or transmission of any part of any entry (including, without limitation, the registration information or any parts thereof); (i) any technical malfunctions or unavailability of the page or any telephone network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software, Internet service provider, or mail service utilized by any of the Released
Parties or by an Entrant; (j) interruption of or inability to access the Giveaway, the page or any other Giveaway-related website(s) or any online service via the Internet due to hardware or software compatibility problems; (k) any damage to Entrant’s (or any third person’s) equipment used to access the Giveaway and/or its contents related to or resulting from any part of the Giveaway; (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions; (m) any late, lost, stolen, mutilated, misdirected, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries; (n) any wrongful, negligent or unauthorized act or omission on the part of any of the Released Parties; (o) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (p) the negligence or willful misconduct by Entrant.
Without limiting the foregoing, everything regarding this Giveaway, including the Page and prize components, are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusions of implied warranties, so some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.
13. DISPUTES: EXCEPT WHERE PROHIBITED BY LAW, THIS GIVEAWAY IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF MARYLAND USA, AND THE EXCLUSIVE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN MARYLAND, USA. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN 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 (“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 MARYLAND, USA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN MARYLAND USA. 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. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
PUBLICITY RIGHTS: By participating in the Giveaway and/or accepting the Prize, each Entrant agrees to allow Sponsor and/or Sponsor’s designee the perpetual right to use his or her name, biographical information, photos, videos, entries, and/or likeness, and statements for Giveaway, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, including live television, worldwide, including, but not limited to, on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law.
GENERAL: Any attempted form of participation in this Giveaway other than as described herein is void. If it is discovered or suspected, at Sponsor’s sole discretion, that an Entrant has registered, entered or attempted to register or enter more than once using multiple Instagram, Twitter, or Facebook accounts, email addresses, identities, proxy servers or like methods, all of that Entrant’s entries may be declared null and void, and that Entrant may be ineligible to win a Prize. In the event of a dispute as to the identity of Prize Winners, the winning entry will be declared made by the authorized account holder of the email address used to register for the Giveaway or, where applicable, associated with the Instagram, Twitter, or Facebook account used to submit the entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning email addresses for the domain associated with the submitted email address. Sponsor reserves the right to disqualify any individual found, in Sponsor’s sole discretion, to be tampering with the operation of the Giveaway, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of a Giveaway. Any use of robotic, automatic, macro, programmed, third-party or like methods to participate in the Giveaway may void any attempted participation effected by such methods and the disqualification of the individual utilizing the same.
CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE, A WEBSITEPAGE FEATURING THE GIVEAWAY OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS GIVEAWAY IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. All entries and/or materials submitted become the property of Sponsor and will not be returned. In the event of any conflict with any Giveaway details contained in these Official Rules and Giveaway details contained in any Giveaway promotional materials (including, but not limited to, point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Giveaway as set forth in these Official Rules shall prevail.