Project MORE Foundation Inc.
OFFICIAL RULES/TERMS OF CONTEST ENTRY
Any individual who enters, attempts to enter or in any way participates or attempts to participate in any contest, sweepstakes or giveaways (“Contest”) conducted by Project MORE Foundation Inc. (hereinafter referred to as the “Sponsor”) each such individual (hereinafter referred to as an “Entrant”) agrees to be bound by the terms and conditions provided in these Official General Contest Rules (“General Rules”), as well as by Sponsor’s interpretations of these General Rules which are final and binding in all matters relating to any Contest. Some Contests may have specific rules developed for them (“Specific Contest Rules”). In the event there is a discrepancy or inconsistency between these General Rules and the Specific Contest Rules, the Specific Contest Rules shall control.
1. NO PURCHASE NECESSARY
Unless otherwise noted, no purchase or payment of any kind is necessary to enter or win or claim a prize. A purchase or payment will not increase your chances of winning.
2. APPLICABLE LAW
All Contests are subject to and governed by applicable federal, state and local laws and regulations. Participation in this Contest is void where prohibited or otherwise restricted by law.Do not enter if you are not eligible at the time of entry.
3. ENTRY PERIOD
Each sweepstakes prize offered by Project MORE (the “Sweepstakes”) will have a defined beginning and end date (the “Sweepstakes End Date”) and time in Pacific Time (PT), (collectively, the “Promotion Entry Period”). All entries must be received during the Promotion Entry Period. The Sponsor’s computer is the official time keeping device for this Sweepstakes.
4. ELIGIBILITY
Geographical, Age and Parental Consent Requirements: Unless otherwise specified, each Contest is open to only to individuals who (i) are legal U.S. residents, and (ii) who are 18 years of age or older at the time of entry.
Employees, contractors, officers and directors of Sponsor, its affiliates, parent companies, subsidiaries, divisions, suppliers, vendors, distributors and advertising, promotional and judging agencies, and any third party prize provider(s) and/or prize fulfillment service (collectively, the “Contest Entities”); and members of the immediate families (spouse and biological, adoptive or step-parents, parents, grandparents, children, grandchildren and siblings, and each of their respective spouses regardless of where they reside) or households (whether related or not) of any of the above individuals are not eligible to participate in the Contest or win any prize. Eligibility Frequency Limits: The Sponsor may set limitations on how frequently an individual can be eligible to win more than one prize within a specified time period. The same individual may not win more than one specific event. Only one (1) winner per household is permitted in any Contest per calendar year. “Household members” shall mean people who share the same residence at least three (3) months a year. Contests are sponsored and administered solely by the Sponsor. Any questions, comments, or complaints regarding the Sweepstakes must be directed to the Sponsor.
5. HOW TO ENTER
During the Entry Period, Entrants must submit their entry by visiting https://domoreproject.org and follow the Contest link to access the entry form. Then, (i) review the submission guidelines and (ii) complete and submit the entry form with all requested information (including legal name, email address, phone number, and/or any other information requested by the Sponsor).
Contest entries must be submitted as advertised or otherwise prescribed by Sponsor. Entrants must accurately complete all required fields and/or submission requirements. Incomplete and/or invalid or duplicate entries will be disqualified. In some cases, an Entrant will be asked to include a photo, a video or written materials to enter a Contest. Content Requirements. As used herein, “Content” includes and refers to all information, content, and material submitted by Entrant in connection with the Contest (including, but not limited to your submission). By submitting any Content, you warrant and represent that such Content: (a) is your original work, (b) has not been previously published, (c) has not won previous awards, (d) has not been copied from others, (e) does not infringe upon the rights of any person or entity (including such individual’s and/or entity’s copyrights, trademarks rights, rights of privacy or publicity or any other intellectual property), (f) that you have obtained permission from a person whose name, likeness or name is used in the Content, and (g) and that publication of the Content via various media including Web posting, will not infringe on the rights of any third party rights. Any such Entrant will indemnify and hold harmless, Released Parties (as defined herein) from any claims to the contrary. Any Entrant whose Content includes names or likenesses of third parties or contains elements not owned by the Entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including Sponsor’s use of such Content, in a form satisfactory to Sponsor, upon request, prior to award of prize and/or naming of Entrant as a winner. The Content submitted shall be 100% owned and controlled by the Entrant. The Content shall be free and clear of any claims by any person whose writings, quotes, or ideas are embodied in the Content, or any person rendering services in connection with the Content. The Content shall not contain any materials owned or controlled by a third party for which you have not obtained a license. The Sponsor reserves the right to remove or void any Content that it deems to be in violation of these Official Rules, in its sole and absolute discretion. By submitting Content you agree that your Content disclosure is gratuitous, unsolicited, and made without restriction, will not place the Sponsor or Contest Entities under any fiduciary or other obligation, that the Sponsor and Sponsor are free to use and otherwise disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your Content, the Sponsor and the Sponsor Entities do not waive any rights to use similar or related ideas previously known to Sponsor or Sponsor Entities, or developed by their employees, or obtained from sources other than you. By submitting any content, Entrant acknowledges that their content may be posted on Sponsor’s website, or elsewhere on the internet as authorized by Sponsor, in Sponsor’s discretion. In consideration for your participation in this Contest and for the opportunity to win a prize hereunder, you hereby grant the Sponsor, the Contest Entities, and another authorized on their behalf, an unlimited, perpetual, worldwide, non-exclusive, non-restrictive, royalty-free, sub-licensable (through multiple tiers) right and license to use, publish, reproduce, display, perform, adapt, modify, distribute, publicly perform, transmit, have distributed, prepare derivative works of, and promote such Content in any form, in all media now known or hereinafter created, anywhere in the world, for any purpose and without consideration to the Entrant.All Content submitted must confirm to the additional submission requirements set forth as follows to be eligible:Content must comply with these Official Rules and any Terms of Service on the Sponsor website;Content must be uploaded/submitted in the format specified and must comply with the posting requirements set forth above and as posted on the Sponsor website;The Content must be free of indecent or obscene material or language; Content cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity;Content cannot promote alcohol, cannabis, illegal drugs, tobacco, or firearms/weapons (or the use of any of the foregoing), and cannot promote or portray any activities that may appear unsafe or dangerous, or any particular political agenda or message;Content cannot be offensive, nor can it endorse any group or organization including without limitation any form of hate or hate group;Content cannot defame, misrepresent or contain disparaging, libelous, or misleading remarks, comments, or material about the Sponsor or any of their respective products and/or services, or about any other people, products or companies;Content cannot infringe on or violate any copyright, patent, trademark, trade secret, right of publicity, or other intellectual property, proprietary, or contractual right of a third party and cannot contain any personal identification such as license plate numbers, personal names, e-mail addresses or street addresses, other than Entrant’s;Content cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission;Content cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission (Sponsor does not permit the infringement of others’ rights and any use of materials not original to the Entrant, except copyrighted materials owned by Sponsor, is grounds for disqualification from the Contest. Therefore, do not copy your favorite movie, book or photo or include materials, images, graphics, music or trademarks belonging to any third parties or incorporate the names, voices, likeness or personas of any party other than yourself unless you have obtained all rights necessary to permit you to use same in connection with your content and grant the rights herein granted to Sponsor and Contest Entities);Content shall not include any background artwork, unless it is an original work of the Entrant (any artwork, murals, etc. that can be seen in the Content must be created solely by the Entrant or Entrant must be the sole owner of all copyright interests therein);The Content cannot be abusive or harassing towards any individual or group of individuals regarding race, sex, religion, creed, national origin, age, disability, gender identity or expression, sexual orientation or any legally protected classification (which includes, but is not limited to, epithets or slurs, threats, intimidations, or hostile acts). Likewise the Content cannot assert, infer or otherwise suggest that any group of individuals is superior to another based on any of the above-mentioned characteristics;Content cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;Content cannot communicate any messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate;Content cannot depict, and cannot itself, be in violation of any law; and
The Content must be socially acceptable and in good taste, as determined by the Sponsor in the Sponsor’s sole discretion.
All decisions regarding the appropriateness of the materials contained in the content shall be at the sole discretion of the Sponsor. The Sponsor reserves the right to reject any Content, in its sole discretion, based on the terms set forth herein as well as programming and operating practices and policies established by the Sponsor. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to Entrants. Sponsor reserves the right to waive the Contest Content requirements set forth herein in its reasonable discretion. Sponsor reserves the right, in its sole discretion, during or upon completion of the Entry Period, to request that any Entrant resubmit Content which fails to comply with the Content requirements prior to any judging period. Content posted to the website was not edited by Sponsor and is the views/opinions of the individual Entrant and does not reflect the views of the Sponsor in any manner. If you think that any Content infringes your intellectual property rights, notify us by electronic mail at contact@domoreproject.org or by mail at Project MORE, 1700 De La Cruz Blvd, Suite D2, Santa Clara, CA 95050.
By accepting a prize, the Entrant agrees that their Content will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then Entrant irrevocably assigns and transfers to Sponsor all right, title and interest in and to their Content, including all but not limited to all copyright and trademark rights which Entrant may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Entrant hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that Entrant may now or later have to their Content. Sponsor reserves the right to alter, change or modify the winning Content, in its sole discretion. Upon request of Sponsor, Entrant shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Content and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment. All entries become the property of Sponsor and will not be acknowledged or returned.
By participating, you agree (a) to be bound by these Official Contest Rules; (b) as between you and the Sponsor, that the decisions of the Sponsor is final on all matters relating to the Contest; (c) you are not participating on behalf of any employer or third party; (d) in the event that you do not comply with these Rules, that you will be disqualified and your prize (if any) will be forfeited; and (e) (when applicable) the potential winner and/or finalist must be available to participate in any portion to the Contest that participation may be required to be considered eligible.
6. WINNER SELECTION
The potential winner(s) may collectively be referred to herein as “Winner” or “Winner(s)”. Prize winners will be selected at random by the Sponsor. The decisions of Sponsor and/or such judges chosen by the Sponsor will be final. If a winner is unable to be notified for any reason for any amount of time, the applicable prize may be forfeited and awarded to an alternate winner. On or about one (1) weekday after the Contest end date, the Sponsor will randomly select one (1) potential Contest winner from among all eligible Entries received during the Promotion Entry Period. Odds of winning a prize depend on the number of eligible Entries received during the Promotion Entry Period. Winner will be notified within one (1) day after the Contest drawing, by email, by text message, by telephone and/or at Sponsor’s discretion by the U.S. Mail using contact information provided during registration. The Sponsor is not obligated to and may not leave a voicemail, answering machine, or other message when contacting a potential finalist and/or winner. In the event a potential finalist and/or winner does not respond to Sponsor’s notification or does not accept the prize within one (1) day of notification, the prize will be deemed forfeited and an alternate potential finalist and/or winner will be randomly selected, who will also be notified in the same method on the subsequent day. In the event that any one (1) or more potential finalist(s) and/or winner(s) fails to respond as stated above, declines the prize, or fails to provide signed Affidavits or releases, such potential finalist(s) and/or winner(s) will be deemed to forfeit the prize and Sponsor will select an alternate potential finalist(s) winner(s) from the remaining eligible participants in the same method. If any alternate(s) similarly fails to respond or declines the prize, Sponsor will use a reasonable number of attempts, in its discretion (up to a maximum of three (3) attempts), to award the prize(s) to another alternate(s) but if it is unable to do so, the prize(s) will be finally forfeited and Sponsor shall have no further liability in connection with the Contest.Generally notification is deemed to have occurred immediately upon placement of sending an email, text message, phone call, or letter by U.S. mail. Any attempt to communicate with the Entrants using a method provided within fields of the entry form shall be deemed sufficient notification. The Sponsor is not responsible for any change of email address, mailing address, and/or telephone number of Entrants. The Contest Entities are not responsible for and shall not be liable for late, misdirected or unsuccessful efforts to notify a finalist and/or potential winner(s), or (if the finalist or potential winner is a minor) for late, misdirected, or unsuccessful efforts of the Entrant to provide signed parental or guardian consent. If the potential winner does not claim the prize within the appropriate time given upon, the Entrant will automatically be disqualified and their prize will be forfeited.Potential winners are subject to verification, including verification of eligibility. If an Entrant is unable to verify their information, the Entrant will automatically be disqualified and their prize, if any, will be forfeited. The Sponsor reserves the right to determine an alternate winner in the event that any winner is disqualified, cannot be contacted, or is deemed ineligible for any reason, or is not available to participate in any applicable Contest events.As a condition of participating in the Contest, Entrants agree and acknowledge that in order to receive a prize and be deemed a winner, Entrants must execute the official waiver provided by the Sponsor and agree to the terms herein, including but not limited to the prize conditions. The potential prize winner’s failure to timely return any required forms may result in the potential winner being disqualified and, in such an event, the Sponsor may select an alternate winner from among all remaining eligible entries, as determined by Sponsor in its sole discretion.
7. PRIZES
Odds of Winning: Winners will be chosen by the Sponsor exercising its sole discretion. The actual prize(s) and value of each prize will vary. Descriptions of prize(s) will be announced. No more than the advertised number of prizes shall be awarded. The prize may be subject to certain terms and conditions. A prize may not be sold, traded, or commissioned, and is not exchangeable, transferable, substitutable, or redeemable for cash except in Sponsor’s sole discretion. Prize details and availability are subject to change. Sponsor is not the supplier or guarantor of any prize, unless otherwise specified. Prizing may be fulfilled by a third party. The prize will only be awarded if properly claimed according to the Rules. All costs, taxes, and expenses related to the prize acceptance, the prize, and/or prize use not specified herein as being provided are the sole responsibility of prize winners.The approximate retail value of a prize will vary and fluctuate based on current retail rates. Any difference between the approximate retail value and the actual cost of the Vacation Package will not be awarded. Other conditions and restrictions may apply. All federal, state, and local taxes on the prize are the sole responsibility of the Winner(s). If tickets to an event are awarded as a prize, Sponsor is not responsible for any cancellation or rescheduling of the event for any reason and has no obligation to reimburse, refund or otherwise substitute the tickets for another prize should the event not be rescheduled or vouchers not issued. Should a promotional card be part of the prize, the promotional cards shall include and herein be referenced as “promotional card(s)” collectively to any prefunded bank card, a gift card, an electronic gift card, stored-value card or certificate, a store card, merchant card, voucher for services or goods, a gift certificate or similar instrument and other redeemable instruments with value credit or the like that may be awarded are subject to terms, conditions and restrictions as set by issuer. Promotional cards are subject to the terms of use, applicable conditions and restrictions, including any expiration dates, promulgated by the issuer of the card. The promotional cards are not transferable, redeemable for cash or exchangeable for any other prize. Redemption of the promotional card will be subject to the standard terms, conditions and restrictions applicable to the participating merchant and or the card issuer in effect on the day of issuance of the promotional card. The promotional card cannot be redeemed for the purchase of other promotional cards. Except as required by law, the promotional card cannot be reloaded, resold, transferred for value, redeemed for cash, or applied to any other account. The Sponsor is not responsible if any promotional card is lost, stolen, destroyed or used without permission. If the promotional card is lost or stolen, it will not be replaced. No substitutions allowed except by Sponsor at its sole discretion for a prize of comparable value. Should travel be part of the prize, Sponsor is not responsible for cancellations or delays in travel accommodations and has no obligation to reimburse, refund or otherwise substitute any tickets awarded as a part of a travel prize due to such cancellations or delays. Trip Prize Conditions: If travel is being awarded, actual value of any trip may vary based on point of departure and other considerations. Any difference between stated approximate retail value and actual value of Prize will not be awarded and is specified in these Official Contest Rules. Selection of accommodations and other prize features are solely within Sponsor’s discretion. Meals, gratuities, luggage fees, incidental hotel charges and any other travel-related expenses not specified herein are the sole responsibility of the winner and their guest(s), if any. Travel for the trip awarded must take place on and/or within the designated dates and is subject to schedule and availability, alternative travel dates will not be provided. If the prize winner(s) is unavailable for travel on the designated dates, the specified prize will be forfeited and may or may not be awarded to an alternate prize winner(s) at the sole discretion of the Sponsor. Exact travel dates and arrangements may be subject to availability whether specified or not. Winner and travel guest(s), if any, must travel on the same itinerary. A minor (determined by the age of the majority in the State of California) may only accompany the winner as a travel guest if the winner is the minor’s parent or legal guardian. All minors must be accompanied at all times during the trip (including, but not limited to, in-flight, hotel stay, and all prize-related events) by the minor’s parent or legal guardian. Travel guests must sign and return a travel release before any ticketing of travel occurs. Winner and guest must have all necessary identification and/or travel documents (e.g., a valid U.S. driver’s license) required for travel. In accordance with applicable laws, international travelers are required to possess a government issued passport, if a winner does not have or is unable to obtain a passport within any time constraints related to the prize, the winner will be disqualified. The Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the hotels, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations. Additional prize award details and travel information to be provided to the prizewinner at the time of notification. Winner and guest(s), if any, will be required to complete and return the applicable forms and releases. Winner must sign a prize acceptance form, provide the information for their travel guest(s), a W-9 form, an affidavit or verification of eligibility, and a liability/publicity release (where permitted) signed by both the winner and travel guest. Prize winner(s) and guests are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Unclaimed prize(s) will not be awarded. Certain travel restrictions and blackout dates may apply. Any and all airfare, ground transportation, meals, incidentals, gratuities, phone calls, luggage fees, travel insurance and applicable taxes (including, but not limited to all local, state and federal taxes) and any and all other expenses not specifically mentioned herein are the sole responsibility of the prize winner. If, for any reason, any part of the trip package is canceled or shall become unavailable, postponed or canceled, the Sponsor shall have no further responsibility for that portion of the prize and the prize will be awarded without the inclusion of the item on the same itinerary. If concerts or other ticketed events have been awarded as part of this prize package and the concert or event is postponed, rained out, canceled, or for other reasons beyond our control does not occur, The Sponsor will not be responsible for replacing that portion of the prize. The Sponsor is not responsible for late, lost, damaged or stolen luggage. Any provided tickets are subject to certain terms and conditions specified thereon, and seat locations are as solely determined by Sponsor. The Sponsor is not responsible for any travel delays, flight cancellations or difficulty. If travel delays, cancellations or difficulty prevent arrival in time for any and all elements of trip, the Sponsor is not responsible for awarding any compensation in lieu thereof. Any changes to completed travel arrangements, once booked, are the sole responsibility of the winner, and are solely at the winner’s expense. All prizes or prize vouchers must be redeemed as stated in the prize notification or otherwise stated in the Official Rules. Failure to collect or properly claim any prize in accordance with these rules will result in forfeiture of the prize. If forfeited for any reason, the winner will not receive any other prize substitution or compensation, and the prize will remain the property of the Sponsor and will not be awarded, except as provided herein. Winner agrees to accept all blackout dates, space availability requirements, etc. established by the Sponsor’s prize partner(s), such as hotels, airlines, trains, ships, concert or event venues etc. Winner and guest must comply with all applicable laws, and any rules and regulations established by the Sponsor’s prize partner(s), if any; such as hotels, airlines, trains, ships, concert or event venues etc. Winner agrees that acceptance of any trip taken as a prize is done so entirely upon their own initiative, risk, and responsibility. By accepting prize, winners accept the inherently dangerous nature and risk in any travel or transportation, including boating, such risk including personal injury and/or death, acknowledges that their participation in the prize event is voluntary, acknowledges that there are natural factors and occurrences which may impact on or affect the safety of the activities they are participating in and they assume the risk of such factors and occurrences and agrees that the Sponsor and released parties shall not be in any way responsible for any resulting injury and/or death.Conditions and restrictions may apply. Limit: One (1) prize per person/household. All prizes are awarded “as is” and the Sponsor does not make (and is not responsible for) any representations, guarantees, or warranties of any kind, express or implied, in fact or in law, relating to any prize (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose), and all such warranties are hereby disclaimed.Health Release and Waiver: Winner understands and agrees that travel may be dangerous due to the potential exposure to an epidemic/pandemic and assumes any and all risks of illness or injury in conjunction therewith. Winner acknowledges that, notwithstanding the safety precautions taken by air carriers, hotel properties, stadiums or other venues, and other providers of travel-related services, it is possible that they may still contract an illness, disease, or other sickness to include Coronavirus (COVID-19). Additionally, Winner understands and agrees that, in response to economic and/or social conditions engendered by such conditions, Sponsor and/or Sweepstakes Entities may be compelled to modify or postpone or cancel the Trip. In all cases, Winner releases and agrees to hold harmless Sponsor (as well as other Released Parties) from any and all liability in conjunction therewith and, in no event, shall Sponsor, (as well as other Released Parties) have any liability in excess of the above-indicated details.Winner and guest must conduct themselves at all times in a socially responsible, respectful, and appropriate manner including following all private guidance from a venue operator and other prize suppliers as well as governmental mandates intended and designed to prevent contracting and/or spreading COVID-19/Coronavirus; which may include but are not limited to maintaining social distancing, mask- wearing, testing, and may also include quarantine (if mandated).
8. TAMPERING AND DELIVERY DISCLAIMER
(a) The Sponsor, in its sole discretion, reserves the right to disqualify and prohibit from participating (and void such person’s entries) any person, who the Sponsor determines (in its sole discretion) is or is attempting to: (i) tamper with the Sponsor’s website and/or any part of the Contest; (ii) undermine the legitimate operation of the Contest by cheating, deception, or other unfair practices, (iii) or intending to annoy, abuse, threaten or harass any other Entrants, the Sponsor, or the Released Parties or exhibits other unsportsmanlike behavior; and/or (iv) otherwise violate these Official Rules or the Terms of Use of the Sponsor’s Website. (b) Any attempt to deliberately damage, circumvent, or disrupt the sponsor’s website (or any part thereof) or undermine the legitimate operation of this Contest may be a violation of criminal and civil laws. Should any such attempt be made, the Sponsor and its licensees (if any) reserve the right to seek damages and any other available remedies from any such person(s) responsible for any such attempt to the fullest extent permitted by law. Each Entrant (or, if the Entrant is not of age of majority in the state of California, the legal guardians thereof) agrees to indemnify and hold harmless the sponsor and its agents from and against any and all claims, losses, damages, and/or liabilities (including reasonable attorneys’ fees and expenses) that may be asserted against or incurred by any of them at any time, in connection with the use thereof, and/or by Entran’s breach of any representation, warranty or covenants associated with a Contest. The use of any automated device, automated launching or entry software or any other mechanical or electronic means that permits the Entrant to automatically enter or evaluate repeatedly is prohibited. The Sponsor disclaims all liability for any delays, misdelivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method. Released Parties are not responsible for: (1) mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, 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; (2) 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 the Contest; (3) 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; (4) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (5) unauthorized human intervention in any part of the entry process or operation of the Contest; or (5) technical or human error which may occur in the administration of the Contest or the processing of entries. The Sponsor further reserves the right to: (i) cancel, terminate, suspend, declare null or void, amend, alter, or modify the Contest, void any suspicious entries, rescind any prize, and/or determine absolute resolution, and/or an alternate method of conducting the Contest and/or awarding the prize(s) at any time, for any reason, or if, in the sole discretion of the Sponsor, it is impossible or impractical to complete or conduct the Contest as planned for any reason, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures of any sort, programming associated with or used in the Contest, by any human error which may occur in the execution of this Contest, or any other causes which effect the operation of the Contest or the rules of the integrity of the Contest have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a Entrant in the Contest and/or (ii) stop or conclude the Contest at any time without prior notice. Material changes to the Official Rules will be published when practical. In the event of termination of the Contest by Sponsor, Sponsor reserves the right to award any prize(s) in a manner deemed fair and equitable by Sponsor, or not award any prize(s) at all.
9. PUBLICITY
Except where prohibited, by accepting a prize, Winner(s) grant the Sponsor permission to use their names, characters, images, voices, and likenesses worldwide, in perpetuity, in any and all media now known or hereinafter invented in any and all marketing and promotional materials and waive any claims to royalty, right, or remuneration for such use. Each Winner’s name may be included in a publicly available winners list.
10. USE OF PERSONAL INFORMATION
The Sponsor will retain the Entrant’s personal data for a reasonable period of time to enable it to send that Entrant any prize that they have won and to verify that these Official Rules have been complied with, and for accounting purposes. This data may be passed to a third party to enable such third party to fulfill any necessary requirements relating to the award of a prize. Any other use of personal data will be in accordance with, and subject to, the Sponsor’s Privacy Policy. Entrant will opt-in to receive occasional emails from Sponsor to include newsletters, volunteer recruitments, LGBTQIA+ event information, and other Contest opportunities, however they may unsubscribe or opt-out at any time. Entrant may opt-in to receive emails from third parties such as partners of the Sponsor. In the event that Entrant opts-in to any available opportunities to receive information from a third party, that may or may not be associated with this Contest, Entrant understands and acknowledges that their information will be provided to such third party and may be used by the third party as set forth in the third party’s privacy policy. Any available opt-in opportunities are not required to enter the Contest, and opting in will not improve your chances of winning.
11. RELEASES, CONDITIONS, AND LIMITATIONS OF LIABILITY
By participating in the Contest, each Entrant agrees to release and waive any and all claims of liability against the Contest Entities and any applicable third party fulfillment service and each of their respective employees and agents (collectively, the “Released Parties”) from and against from any and all liability, loss or damage (including personal injury) incurred with respect to the conduct of or participation in the Contest, or the awarding, shipping/handling, receipt, possession, and/or use or misuse of any prize, including any travel related thereto. By accepting the prize, winner(s) hereby agrees that: (i) to release each of the Released Parties from any and all claims in connection with the Contest and the award or use of the prizes; and (ii) where allowed by law, sign a publicity release confirming consent to use the winner’s name/likeness as set forth in Section 6 prior to acceptance of the prize. The Released Parties are not responsible or liable to any Entrant or winner or any person claiming through such Entrant or winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, 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 the Contest Entities’ sole control. Upon awarding the prize, the Sponsor will have no further obligation to the winner.
12. TAXES
Any valuation of the prize(s) stated above is based on available information provided to the Sponsor, and the value of any prize awarded to a winner may be reported to the IRS as required by law. Each winner is solely responsible for reporting and paying any and all applicable federal, state, and local taxes, related to prize acceptance and use not specified herein. Each winner must provide the Sponsor with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Any person winning over $600.00 in prizes from the Sponsor in a calendar year will be issued an IRS Form 1099 reporting the value of those prizes to the IRS.
13. CONDUCT AND DECISIONS
All decisions of the Sponsor will be final and binding on all matters relating to this Contest. Persons who violate any rule, gain unfair advantage in participating in the Contest, or obtain winner status using fraudulent means will be disqualified. The Sponsor will interpret these Rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Contest and the Sponsor’s decisions concerning such disputes shall be final. If, for any reason, more bona fide winners are notified than prize(s) available, prize(s) will be awarded in a random drawing from among all such persons. Inclusion in such drawing shall be each Entrant’s sole and exclusive remedy under such circumstances. Any reference in these Official Rules or as part of the Contest to the Sponsor’s “discretion” and/or any exercise of discretion by the Sponsor shall mean in Sponsor’s “sole and unfettered discretion.” The Sponsor further reserves the right to terminate the Contest at any time for any reason.
14. BINDING ARBITRATION
Any controversy or claim arising out of or relating to the Sponsor Contest shall be settled by binding arbitration in Santa Clara, California by the arbitrator as set forth herein, or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which shall be completed within sixty (60) days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. The arbitration of disputes pursuant to this paragraph shall be in the Entrant’s individual capacity, and not as a Plaintiff or call member in any purported class or representative proceedings. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. Do Not enter this Contest if you do not agree to have any claim or controversy arbitrated in accordance with these Official Rules.
15. MISCELLANEOUS
Sponsor reserves the right to determine eligibility should special circumstances arise, all decisions are considered final and binding. Sponsor disclaims any responsibility to notify Entrants of any aspect related to the conduct of the Contest. As a condition of participating in the Contest, Entrants agree (and agree to confirm in writing) that: (a) under no circumstances will Entrant be permitted to obtain costs, judgments, or awards for, and Entrant hereby knowingly and expressly waives all rights to claim or seek punitive, incidental, consequential, special, or any other damages, other than for actual, third-party out-of-pocket expenses, and in such limitation, Entrant further waives any rights to have damages multiplied or otherwise increased; (b) any and all disputes, claims, or causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, through binding arbitration as set forth above, without resort to any form of class action; and (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs. Some jurisdictions do not allow the limitations or exclusion of liability, so the above may not apply to every Entrant. Participation in the Contest constitutes Entrant’s full and unconditional agreement to, and acceptance of these Official Rules. Winning a prize is contingent upon the Entrant’s fulfillment of all requirements set forth herein.
16. WINNERS LIST
For a winner list, where required by law, send an email to contact@domoreproject.org or a stamped, self-addressed envelope no later than ninety (90) days after the Contest End Date to Project MORE Foundation Inc at 1700 De La Cruz Blvd, Suite D2, Santa Clara, CA 95050.
17. COMPLIANCE WITH LAW AND GOVERNING LAW
All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Official 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 California, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 14 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of California, in the City of Santa Clara.
All trademarks, service marks, trade names, trade dress, product names and logos appearing in the Contests are the property of their respective owners; use does not imply affiliation or endorsement. Marketing materials as well as the Project MORE and Qmunity District names and logos and associated websites are the property of and trademarks of Project MORE Foundation Inc. Copyright 2023 © All rights reserved.