ENTRY IN THIS CONTEST CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES.
These Official Rules (these “Rules”) govern the #WinAMaskWednesday (the “Contest”). The purpose of the Contest is to encourage social media users to follow and interact with the social media accounts of the Governor’s Office of Economic Opportunity (“Go Utah”) and the In Utah campaign (“InUtah”). Any individual who enters the Contest in compliance with these Rules (“Entrant”) will be eligible to win one prize, as described herein. Go Utah will select a minimum of 2 winner(s) each week using a random winner generator. Go Utah or its Contractor will award one prize to the winner(s) in accordance with these Rules.
NO PURCHASE NECESSARY: Entry into this Contest does not require any purchase. The Contest is open to individuals who fulfill the requirements below.
- BINDING AGREEMENT: Entrant will read these Rules prior to entry to ensure Entrant understands and agrees. Entrant understands that submission of an entry in the Contest constitutes agreement to these Rules. These Rules form a binding legal agreement between Entrant and Go Utah (and its Contractors) with respect to the Contest.
- ELIGIBILITY: All individuals aged 18 or older who reside in the State of Utah are eligible to enter the Contest, except that employees, interns, contractors, and official officeholders of Go Utah are ineligible to enter the Contest.
- SPONSOR: The Contest is sponsored by Go Utah, a Utah State Entity located at 60 E S Temple Street, Salt Lake City, UT 84111
- CONTRACTOR: Go Utah has contracted with Rumor Advertising Design Interactive Inc. (“Contractor”) to assist in the administration of this Contest. Contractor is a business located at 807 E South Temple, 3rd Floor, Salt Lake City, UT 84102
- CONTEST PERIOD: The submission period for each week will end at 11:59 pm Mountain Time on the date of the original Go Utah social media post. The Contest is anticipated to run weekly through the end of 2020. All dates are subject to change.
- HOW TO ENTER: To enter the Contest, Entrant is required to visit Go Utah’s social media account located at https://www.instagram.com/allinutah/ with the handle @allinutah during the Submission Period and follow the instructions in the caption(s) under the post(s) relevant to the Contest.
Each Entrant is limited to 1 entry. Subsequent entries will be disqualified. Entrant is not eligible to win more than once. To be considered for the Contest, entries must be: (i) complete (as determined by Go Utah); and (ii) received within the submission period specified above. Any submission not meeting the aforementioned criteria will be disqualified. Go Utah accepts no responsibility for submissions lost, delayed, damaged, defaced, or mislaid, howsoever caused.
At times during the Contest, a Go Utah representative may contact Entrant for customer service purposes. Entrant agrees to receive phone calls, emails or direct messages from Go Utah or its Contractor.
- SELECTION: Go Utah will select the Contest winner(s) using a random winner generator. Subject to valid entry, each Entrant will have an equal chance of winning. Subject to these Rules, Go Utah’s decisions are final and binding. If a potential winner is unable for whatever reason to accept his or her prize, then Go Utah reserves the right to award such prize to another Entrant.
- NOTIFICATION OF WINNERS: Each winner is subject to validation and verification of eligibility and compliance with all the terms and conditions set forth in these Rules. If a winner is disqualified for any reason, an alternate winner will be randomly selected. The winner(s) will be selected and notified by telephone, email, or direct message, at Go Utah’s discretion. If a winner does not respond to the notification attempt within 48 hours, then such winner may be disqualified, and an alternate winner may be randomly selected. With respect to notification by telephone, such notification will be deemed given when a winner or winner’s parent or guardian engages in a live conversation with Go Utah or its designated Contractor, or when a message is left on a winner’s voicemail service or answering machine by Go Utah or its Contractor, whichever occurs first. Except where prohibited by law, any winner may be required to sign and return an Affidavit of Eligibility and Liability and Publicity Release and provide any additional information that may be required by Go Utah. If required, a winner must return all such documents via email (or as otherwise instructed) within 48 hours following attempted notification or such winner will be deemed to have forfeited the prize and another winner may be randomly selected. Determinations of Go Utah staff are final and binding.
- PRIZES: The Contest winner(s) will receive one package of four face masks (about $10 retail value).
The time of the prize distribution will be provided to the winner(s). No transfer, substitution or cash equivalent for a prize is allowed, except at Go Utah’s sole discretion. Go Utah reserves the right to substitute a prize, in whole or in part, of equal or greater monetary value if a prize cannot be awarded, in whole or in part, as described for any reason. Value is subject to market conditions, which can fluctuate and any difference between actual market value and actual retail value will not be awarded. A prize may be subject to restrictions and/or licenses and may require additional hardware, software, service, or maintenance to use. The winner(s) shall bear all responsibility for use of any prize in compliance with any conditions imposed by a manufacturer, and any additional costs associated with use, service, or maintenance of such prize. Go Utah and its Contractor have not made and are not responsible for any warranties, representations, or guarantees, express or implied, in fact or law, relating to any prize, regarding the use, value or enjoyment of such prize, including, without limitation, quality, mechanical condition, merchantability, or fitness for a particular purpose, with the exception of any standard manufacturer’s warranty that may apply to a prize or any components thereto.
- TAXES: Awards of prizes to any potential winner are subject to the express requirement that any winner submits to Go Utah all documentation requested by Go Utah to permit it to comply with all applicable state, federal and local tax reporting laws. Any prize will be net of any taxes Go Utah is required by law to withhold. To the extent permitted by law, all taxes imposed on any prize are the sole responsibility of the winner(s). In order to receive a prize, any potential winner must submit tax documentation requested by Go Utah or otherwise required by applicable law, to Go Utah or a representative for Go Utah or the relevant tax authority, all as determined by applicable law. Any potential winner, and their parent or legal guardian for a minor winner, are responsible for ensuring that they comply with all the applicable tax laws and filing requirements. If a potential winner fails to provide such documentation or comply with such laws, his or her prize may be forfeited and Go Utah may, in its sole discretion, select an alternate potential winner.
- CANCELLATION, DISQUALIFICATION, AND ELIMINATION: If, for any reason, the Contest is not capable of running as planned, Go Utah reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest. Go Utah reserves the right, at Go Utah’s sole discretion, to disqualify any Entrant who tampers with any other part of the Contest or undermines the legitimate operation of the Contest by cheating, deception, or other unfair playing practices. All relevant laws and regulations apply. Any attempt by an Entrant to deliberately damage any website or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, Go Utah reserves the right to seek damages from any such Entrant to the fullest extent of any applicable law. Any false information provided within the context of the Contest by Entrant concerning identity, mailing address, telephone number, email address, ownership of right or non-compliance with these Rules or the like may result in the immediate elimination of Entrant from the Contest.
- INTELLECTUAL PROPERTY RIGHTS: Go Utah retains all rights in Go Utah products and services and entry into the Contest will in no case serve to transfer any Go Utah intellectual property rights to Entrant.
If the Contest requires Entrant to submit materials, such as, but not limited to, drawings, photos or other media, Entrant retains ownership of all intellectual and industrial property rights (including moral rights) in and to the materials (excluding Go Utah’s rights in Go Utah’s logo/trademark).
- PRIVACY: Entrant agrees and acknowledges that personal data submitted with an entry, including name, mailing address, phone number, and email address may be collected, processed, stored and otherwise used by Go Utah and its affiliates, consistent with applicable law, for the purposes of conducting and administering the Contest.
- PUBLICITY: By entering the Contest, Entrant agrees that, should Entrant be a Winner in this Contest, Entrant will participate in any media or promotional activity resulting from the Contest for publicity purposes as reasonably requested by Go Utah at Go Utah’s expense and agrees and consents to use of Entrant’s name and/or likeness by Go Utah should Entrant win the Contest, with no further compensation. Go Utah will contact Entrant in advance of any Go Utah-sponsored media requests for interviews. This clause is not effective where prohibited by law.
- WARRANTY AND INDEMNITY: Entrant warrants that Entrant is the sole and exclusive owner and rights holder of Entrant’s social media account. If Entrant submitted material for the Contest, Entrant warrants the material is Entrant’s own original work and, as such, Entrant is the sole and exclusive owner and rights holder of any submitted material. To the maximum extent permitted by law, Entrant indemnifies and holds harmless Go Utah and its Contractor from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of Entrant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, Entrant agrees to defend Go Utah and its Contractor from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney fees) arising out of or accruing from: (i) any Photos or other material uploaded or otherwise provided by Entrant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy; (ii) any misrepresentation made by Entrant in connection with the Contest; (iii) any non-compliance by Entrant with these Rules; (iv) claims brought by persons or entities other than the parties to these Rules arising from or related to Entrant’s involvement with the Contest; (v) acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in the Contest; (vi) any technological malfunction or other problem related to the entry and participation in the Contest by Entrant; (vii) any error in the collection, processing, or retention of entry or voting information in relation to the entry and participation in the Contest by Entrant; or (viii) any typographical or other error in the printing, offering or announcement of any prize or winners in relation to the entry and participation in the Contest by Entrant.
- INTERNET DISCLAIMER: Go Utah and its Contractor are not responsible for any late, lost, damaged, misdirected, incomplete, illegible, undeliverable, or destroyed entries due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet, or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit Entrant’s/consumer’s ability to participate/vote respectively. Go Utah is not responsible for the policies, actions, or inactions of others, which might prevent Entrant from entering, participating, and/or claiming a prize in this Contest.
- SOCIAL MEDIA PLATFORM TERMS: Go Utah will use the following social media platform(s) to facilitate or supplement the Contest: Instagram. Entrant completely releases every social media platform listed in this section 16 from any and all liability arising from the Contest and acknowledges that the Contest is in no way sponsored, endorsed, administered by, or associated with any social media platform.
- NOT AN OFFER OR CONTRACT OF EMPLOYMENT: Under no circumstances shall participation in the Contest, acceptance of a prize, or anything in these Rules be construed as an offer or contract of employment with Go Utah. Entrant acknowledges that Entrant has entered the Contest voluntarily and not in confidence or in trust. Entrant acknowledges that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between Entrant and Go Utah and that no such relationship is established by Entrant’s participation in the Contest.
- FORUM AND RECOURSE TO JUDICIAL PROCEDURES: These Rules shall be governed by, subject to, and construed in accordance with the laws of the State of Utah, United States of America, excluding all conflict of law rules. If any provision(s) of these Rules are held to be invalid or unenforceable by a court of competent jurisdiction, all remaining provisions hereof will remain in full force and effect. To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with the Contest are hereby excluded, and Entrant expressly waives any and all such rights.
- WINNER’S LIST: The name of the winner(s) for the Competition will be posted publicly within a reasonable time after the date of the selection specified above.