Introduction
By entering into any Tourette Association of America-sponsored contest (each, a “Contest”), participant (“Participant”) agrees to abide by these Official Contest Rules and Legal Disclaimer and the decisions of Tourette Association of America, such decisions which are final and binding in all respects.
Eligibility
Contests are open solely to legal residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older at the time of entry. Employees, officers, directors, or agents of Tourette Association of America (“Promoter”) or any of Promoter’s partners, related companies, agencies, or agents, as well as the immediate family (defined as spouse, parents, siblings, children, and grandparents) and same household members of any such employee, officer, director, or agent, are not eligible to participate. Eligibility for the Contests does not guarantee selection for the Contests. All entries and information provided in connection with the Contests, once provided, are the property of Promoter. Eligibility is at the exclusive and sole discretion of Promoter, and Promoter may reject any entrant for any reason or no reason at all without having to provide an explanation. Promoter has the sole discretion to make determinations of eligibility, and Promoter reserves the right to change any of the eligibility requirements at any time. All applicable federal, state, and local laws and regulations apply. Void where prohibited or restricted by law.
How to Enter
To enter a Contest, choose the Contest you are interested in participating in, and follow the instructions provided. Applicable deadlines are set forth therein. Promoter will not consider incorrect, fraudulent, incomplete, late, or otherwise non-conforming entries or entries that are intended to annoy, abuse, threaten, or harass any person or entity in any way. Any entrant using fraudulent means to participate in a Contest will be disqualified and may be guilty of violating applicable criminal laws. All entries, once provided, are Promoter’s sole and exclusive property. Eligibility is at the exclusive discretion of Promoter, and Promoter shall be entitled to reject any entrant for any reason or no reason at all without having to provide an explanation. Promoter reserves the right, in its sole discretion, to cancel, suspend, or terminate a Contest for any reason and without prior notice to any Participant. In such instance, Promoter may, if and as appropriate, select a winner using reasonable means that are materially consistent with the Contest in question.
Provision of Materials and Information/Intellectual Property
By entering into a Contest, Participant represents and warrants as follows: (1) that it fully owns or has properly licensed whatever materials or information it submits hereunder in connection with the Contest and can make such submissions without violating any: applicable law, agreement with any third-party, and/or third-party right of any kind (including without limitation any intellectual property, data protection, privacy, or publicity right); and (2) that any and all materials or information provided by it hereunder shall be true and correct in all respects. Furthermore, without limitation on anything set forth herein to the contrary, Promoter shall have the irrevocable, transferable, and fully sublicensable right and license (but not the obligation) to exploit any and all such materials or information in any manner it so elects to promote the Contest, its business, brand, products and/or services, throughout the world in perpetuity, and in any and all media, now or hereafter known.
Prizes; Selecting and Notifying Prize Winners
The odds of winning a prize (each, a “Prize”), and the retail value of any such Prize, varies from Contest to Contest. All Contest winners will be selected pursuant to the specific procedures for the applicable Contest. Promoter will contact all winners by email or other applicable means to confirm that they have won and are entitled to a Prize. Promoter is not responsible for digital communications that are undeliverable as a result of any filtering of any kind, insufficient space in a Participant’s account, or any other failure beyond its reasonable control. In the event of a dispute with respect to entries received from more than one user having the same e-mail address/account, the authorized subscriber of the account in question at the time of entry will be deemed the proper entrant. Any potential winner will forfeit his or her Prize if he or she: (1) fails to respond in a timely fashion to any of Promoter’s requests for information or signatures with respect the Contest or the Prize; (2) cannot be reached at the information provided by such individual; (3) rejects the Prize (or it is returned undeliverable through no fault of Promoter); or (4) is disqualified from the Contest for any reason. In the event of any forfeiture hereunder, an alternate winner will be selected. Prize winners are solely responsible for all applicable: (1) federal, state, and local taxes; and (2) out-of-pocket expenses, associated with Prize acceptance and use. Prizes will not be substituted by Promoter for cash or other merchandise pursuant to any Prize winner’s request. Promoter, however, reserves the right to substitute alternate Prizes of comparable or equal value in its sole discretion. Subject to applicable law, Prizes are offered “as is” without any express or implied warranty of any kind or nature, including without limitation, any warranty respecting condition, merchantability, quality, title, or fitness for a particular purpose. Promoter is not responsible for replacing any damaged Prizes unless such damage is caused by Promoter. Winners must look to the Prize’s manufacturer (if applicable) for potential guarantees or warranties of any kind.
Publicity
Subject to applicable law, entrance in any Contest constitutes the Participant’s consent to Promoter and Promoter’s affiliates to use his or her name, voice, likeness, opinions, and biographical information for marketing, advertising, and publicity purposes in any media throughout the world at any time without the obligation to seek consent or to provide Participant with any payment or other form of consideration. Participant agrees to execute any document reasonably required by Promoter to effectuate the terms hereof and failure to do so shall give rise to Promoter’s right to execute any and all such documents as Participant’s attorney-in-fact, which right shall be coupled with an interest and therefore, irrevocable.
Release
Subject to applicable law, by entering the Contest, each participant and winner agrees to release, discharge, and forever hold harmless Promoter and its employees, officers, directors, affiliates, partners, agents and assigns, from and against any and all claims, complaints, actions, causes of action, suits, judgments, debts, covenants, contracts, torts, charges, demands, damages, obligations, liabilities, losses, promises, agreements, controversies, penalties, proceedings, counterclaims, expenses, and executions of any kind or nature whatsoever, whether known or unknown, matured or unmatured, absolute or contingent, asserted or unasserted, actual or potential, whether arising in law or in equity, or otherwise, whether arising by statute or common law, in contract, in tort, or otherwise, may have, may have had, or may in the future obtain, including attorneys’ fees (each, a “Loss”), in any way relating to or arising directly or indirectly out of the Contest, his or her participation in the Contest (or related activity, such as a press release), and/or Promoter’s right to exploit participant or participant’s business, names, logos, trademarks, images and/or likeness or fully exploit any other right granted to it hereunder, and/or from participant’s receipt, use, or misuse of any Prize, no matter how such Loss arises.
Limitation of Liability
IN NO EVENT WILL PROMOTER, AND/OR PROMOTER’S PARENT, SUBSIDIARY, LICENSEES, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, ASSIGNS, AFFILIATES, OR RELATED COMPANIES (COLLECTIVELY WITH PROMOTER, THE “PROMOTER PARTIES”), BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS) ARISING OUT OF ANY PARTICIPANT’S PARTICIPATION IN THE CONTEST, THESE OFFICIAL CONTEST RULES, AND/OR ANY PARTICIPANT’S RECEIPT OF A PRIZE, NO MATTER UNDER WHAT THEORY ARISING, EVEN IF ANY PROMOTER PARTY HAS BEEN ADVISED OF THE POSSIBLY OF SUCH DAMAGES. PROMOTER PARTIES’ ENTIRE LIABILITY WITH RESPECT TO: ANY PARTICIPANT’S PARTICIPATION IN THE CONTEST, THESE OFFICIAL CONTEST RULES, AND/OR ANY PARTICIPANT’S RECEIPT OF A PRIZE SHALL BE LIMITED TO FIVE HUNDRED AND 00/100 DOLLARS ($500.00). SOME JURISDICTIONS MAY NOT ALLOW THE AFOREMENTIONED LIMITATIONS OR EXCLUSIONS OF LIABILITY AND AS SUCH, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Use of Collected Materials and Information
Promoter will be collecting, storing, and exploiting personal data about Participants to administer Contests and exercise its rights hereunder, including without limitation, those relating to marketing and publicity. By entering into any of Promoter’s Contests, Participants agree to Promoter’s collection and use of their personal information. Promoter will not disclose any Participant’s personal information to any non-affiliated third party. For more information on Promoter’s handling of personal information, see Promoter’s Privacy Policy, a copy of which can be found at the following link: https://tourette.org/about-us/privacy-policy/.
Dispute Resolution
The parties hereto acknowledge and agree as follows: (1) that all disputes, causes of action, and claims connected to or arising in any way hereunder between the parties shall be resolved solely on an individual basis (i.e., class actions suits are hereby waived by the parties), and exclusively by the state or federal courts situated in Queens County, New York; (2) that the laws of the state of New York shall govern, without regard to its conflict of laws principles; and (3) that the parties hereto waive any right to a trial by jury.
PROMOTER:
Tourette Association of America
42-40 Bell Boulevard
Suite 507
Bayside, NY 11361