CONTEST TERMS & CONDITIONS
T-SHIRT IDEA CONTEST
1. Eligibility
The Schwing America T-Shirt Idea Contest is open to anyone over the age of majority but is VOID WHERE PROHIBITED. Employees, officers and directors of Schwing and each of its related companies, as well as the immediate family (i.e. parents, spouse, children, siblings and grandparents) and household members of each such employee, officer and director are not eligible to win. By participating in the contest, the entrant fully and unconditionally agrees to and accepts these contest terms and conditions and the decisions of Schwing, which are final and binding. NO PURCHASE OR PAYMENT NECESSARY. Purchasing will not improve the entrant’s chances of winning. Must be a resident of the United States or Canada or Latin America.
2. Sponsor
The sponsor of the contest is Schwing America, Inc. at 5900 Centerville Road, St. Paul, Minnesota, 55127 USA (“Schwing”).
3. Contest Period
The contest begins 8am CDT on June 20, 2013 and ends at 4pm CDT June 28, 2013. Winners will be announced not more than five (5) days after the contest ended. (“Contest Period”).
4. How to Enter
The entrant can enter the contest by visiting www.facebook.com/SchwingAmerica (the “Website”), commenting with one (1) tShirt slogan idea and/or uploading one drawing with a tShirt slogan idea. One winner per person/household/company/email address, though additional entries per person/household/company/email address may be submitted.
Schwing is not responsible for incorrect, inaccurate or incomplete entry of information by entrants; lost entries or transmissions, interrupted or unavailable network, server, or other connections; scrambled transmissions or other errors or problems of any kind whether mechanical, human, or electronic, technical malfunctions or computer hardware, software, or any combination thereof; or problems associated with any virus or any other damage caused to entrants’ systems.
The entrant can only enter an idea that the entrant has the right to submit. Ideas depicting unsafe or inappropriate conditions, referencing or depicting competitive products or damage to the environment (which shall be decided by SCHWING in its absolute discretion) will not be permitted. SCHWING shall have absolute discretion in determining which submissions are to be permitted for inclusion in the contest.
5. Selection and Notification
All entrants must comply with these terms and conditions. Winning is contingent upon fulfilling all requirements. During the Contest Period, SCHWING will review all entries and select the finalists from among all eligible entries based on the following criteria (“Judging Criteria”): (1) Creativity; (2) Quality; (3) genuineness/authenticity of the content. SCHWING will select finalists and input for the final winner will be collected by SCHWING Facebook fans, but the winner(s) shall be decided by SCHWING in its absolute discretion. The winners will be notified by SCHWING via Facebook messaging and posted as a public post on the SCHWING Facebook. SCHWING will message the winners a prize notification via their Facebook page used to enter the contest. If the winner(s) do not respond within 5 (five) days of the date appearing on the prize notification, or fails to comply with the restrictions contained in the prize notification within that time period, SCHWING shall choose an alternate winner from the pool of remaining eligible entries. Return of any prize notification as undeliverable will result in disqualification and selection of an alternate winner in accordance with the votes cast. Winners may be required to provide evidence of identity in connection with claiming the prize. Entries sent by mail are not permitted.
Canadian residents who are selected in the draw will be deemed provisional winners and will be awarded prizes subject to the requirements described below for Canadian Winners. Odds of winning depend on the total number of eligible entries received. In the event of a dispute over the identity of the selected entrant, the entrant will be deemed to be the Authorized Account Holder of the email address used at login or registration. “Authorized account holder” is defined as the natural person who is assigned to an email address 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. Winners may be required to sign and complete an Affidavit of Eligibility/Liability and Public Release and return it within 10 days of date of postmark. SCHWING is not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to deliver the notification to winners. If a selected winner cannot be contacted within 15 days of the draw, is ineligible, fails to claim a prize within 14 days of initial contact, or fails to timely return the completed and executed declaration and releases as required, the prize may be forfeited and awarded to an alternate winner from the pool of remaining eligible entries in accordance with the votes cast. If the winner has moved to a different address, it is the sole responsibility of the winner to notify SCHWING or designated agent of their new address. SCHWING is not responsible for any undeliverable prize deliveries due to change of address. By accepting and/or using a prize, the winner gives SCHWING the rights to use the winner’s name, voice, and/or likeness for the purpose of advertising, trade, or promotion without further compensation worldwide in perpetuity and in any form of media including the Internet, unless prohibited by law.
CANADIAN PROVISIONAL WINNERS: In addition to the above, in order for a Canadian provisional winner to win and receive a prize, he/she must first correctly answer, unaided and without mechanical or electronic assistance, a time-limited mathematical skill-testing question administered by email or by telephone. Failure of a Canadian provisional winner to correctly answer the skill-testing question in the time allotted will result in disqualification, the forfeiture of his/her interest in the prize, and the random selection of a substitute winner from among all remaining eligible entries.
6. Prizes
If at least 100 ideas are submitted, winners will be eligible for prizes as determined by SCHWING. The winners will receive one (1) SCHWING hat (free shipping and handling) each. No cash or other substitution, assignment or transfer of prize or prize component is permitted, except by SCHWING, who reserves the right to substitute a prize or prize component with another of comparable or greater value. All taxes and other fees (if any) not expressly stated in the prize description, are the sole responsibility of the winners. The odds of winning depend on the number of eligible entries received. Prizes will only be shipped within the
7. Publicity and Privacy
Submission of an entry constitutes consent and agreement by the entrant and any person that is recognizable from the photo(s) to a royalty-free, world-wide, perpetual, non-exclusive license for SCHWING to use, display, distribute, reproduce and create derivative works of the photo(s) or portions of the photo(s) whether or not combined with other images, text and graphics, and cropped, altered or modified, on the Website and/or potentially other places with or without the entrants name (e.g. a photographer credit), for editorial, advertising, publicity, marketing and promotional purposes, without further compensation except where this is prohibited by law. Information collected from entrants is subject to SCHWING’s Corporate website terms and conditions and privacy policy available on www.schwinglatinoamerica.com. Neither SCHWING nor its affiliates, its/their directors, officers, employees or agents shall be liable for any errors in attribution.
Submission of an entry constitutes consent and agreement of the entrant and any person that is recognizable from the photo or video that all rights to the photo or video shall belong to SCHWING and that they will make no claims for any reason against SCHWING and/or any of its affiliates, directors, officers, employees and agents.
8. General
SCHWING is not responsible for incorrect, inaccurate or incomplete entry of information by entrants; lost entries or transmissions, interrupted or unavailable network, server, or other connections; scrambled transmissions or other errors or problems of any kind whether mechanical, human, or electronic, technical malfunctions or the computer hardware, software, or any combination thereof; or problems associated with any virus or any other damage caused to entrants’ systems. SCHWING is not responsible for any technical problems related to online entries. Proof of sending will not be deemed to be proof of receipt by SCHWING. All entries become the property of SCHWING and will not be acknowledged or returned. SCHWING is not liable for lost, stolen, misdirected or late entries.
SCHWING reserves the right to modify, suspend or terminate the contest for any reason, including in the event that it becomes infected by a computer virus or is otherwise technically impaired or if the contest cannot be conducted as planned by causes beyond the control of SCHWING. In the event of early termination, the winners will be randomly selected from all eligible entries received at the time of termination.
SCHWING reserves the right to disqualify any entrant found tampering with the entry process or with the operation of the contest or who violates these official rules. Any attempt by an entrant to deliberately damage or undermine the legitimate operation of the contest may be in violation of criminal and civil laws and will result in disqualification of such entrant. Should such an attempt be made, SCHWING reserves the right to seek remedies and damages (including attorney’s fees) from any such entrant to the fullest extent permitted by law.
9. Viruses
The entrant agrees not to upload, post or transmit any materials which contain any computer viruses, works, Trojan horses or other harmful component or programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
10. Liability and Law
By entering the contest, the entrant agrees to be bound by these contest terms and conditions. The entrant agrees to release SCHWING, its affiliates, and its/their directors, officers, employees and agents from and against any claim or cause of action arising out of participation in the contest or receipt or use of any prize. The entrant further agrees that any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this contest but in no event attorneys’ fees. The 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 limitation or exclusion of liability for incidental or consequential damages, so the above may not apply to the entrant.
The contest is governed by the internal laws of the state of Minnesota, United States, without regard to or application of its conflict of laws rules. The exclusive venue and jurisdiction for any action arising out of or relating to the contest shall be in the state or federal courts of Ramsey County, Minnesota, USA.
Entrant may later revoke consent to these promotional purposes at any time emailing SCHWING at marketing@schwinglatinoamerica.com, or by writing to SCHWING, Attention: Marketing, 5900 Centerville Road, St. Paul, MN 55127
11. Winners’ Names
To obtain a copy of the winner’s names, send request along with a stamped, self-addressed envelope to: SCHWING Contest Winner’s List, SCHWING, Attention: Marketing, 5900 Centerville Road, St. Paul, MN 55127. Vermont residents need not include postage. Requests must be received no later than ten (10) days after the tShirt contest has been completed as stated in section 3.
