#FlightSuitFriday Give Away Official Rules
- ELIGIBILITY. The Giveaway is only open to any person who is 18 years of age or older as of the date of participation. The Giveaway is only open to legal residents of the fifty (50) United States or the District of Columbia who have reached the age of majority in entrant’s home state, and is void where prohibited by law. Employees of The Mars Generation, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Giveaway. The Giveaway is subject to all applicable federal, state, and local laws and regulations. Void where prohibited. No purchase is necessary to participate.
- AGREEMENT TO RULES: By participating, the entrant (“You”) agree to be fully, unconditionally bound by these rules, and you represent and warrant that you meet the eligibility requirements. In addition, you agree to accept the decisions of The Mars Generation as final and binding as it relates to the content of this Giveaway.
- Giveaway PERIOD. The Giveaway entry period begins at 12:00 a.m. Central Standard Time (“CST”) on February 15, 2019 and ends 11:59 p.m. CST on February 22, 2019 (the “Entry Period”). Sponsor’s computer is the official time-keeping device for the Giveaway.
- AGREEMENT TO OFFICIAL RULES AND DECISIONS. By participating in the Giveaway, each entrant fully and unconditionally agrees to be bound by and accepts these Official Rules and the decisions of Sponsor (including, without limitation, decisions regarding eligibility of entries, the selection of entrants and the winner, and the awarding of the prize), which are final and binding in all respects.
- SUBMISSION GUIDELINES: Submission cannot: (a) be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain or reference nudity or any materially dangerous activity; (b) promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; (c) be obscene or offensive, endorse any form of hate or hate group; (d) contain or reference trademarks, logos (except Sponsor’s) or trade dress owned by others, or advertise or promote any brand or product (except Sponsor’s) of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses; (e) contain copyrighted materials owned by others without permission; and (f) contain materials embodying the names, likenesses, or other indication identifying any person, living or dead, without permission. By entering a Submission you warrant and represent that: (a) it has not been previously published; (b) it has not received previous awards; (c) it does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (d) the other participants depicted in the Submission, if any, have given written consent to its entry into the Giveaway and use as contemplated by these Official Rules; and (e) publication of the Submission via various media including web posting and posting in social media, will not infringe on the rights of any third party. Entrant will indemnify and hold harmless Sponsor from any claims to the contrary. Any Submission that, in the sole opinion of Sponsor, is deemed to be inappropriate for publication or inclusion in the Giveaway for any reason will be disqualified from the Giveaway. Providing a Submission constitutes entrant’s consent to grant Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, re-post, retweet, modify, publish, create derivative works from, and display such Submissions in whole or in part, on a worldwide basis, in perpetuity, and to incorporate it into other works, in any form, media or technology now known or later developed, for any purpose whatsoever, including for promotional or marketing purposes. Each entrant acknowledges that other entrants may have used ideas and/or concepts in their Submission that may be similar in idea or concept to what is included in entrant’s Submission. Each entrant understands and agrees that he/she shall not have any claim against any other entrant or Sponsor arising out any such similarity or be entitled to any compensation because of any such similarity. Sponsor’s decisions are final and binding in all matters relating to this Giveaway, including, but not limited to, interpretation and application of these Official Rules.
- PRIZES: The Winner(s) of the Giveaway (the “Winner”) will receive a random prize determined after the Giveaway has ended. Each entrant is eligible to be a winner and will receive a prize by direct messaging the sponsor on the social media channel with a link that leads to their submission for proof of entry or by emailing the sponsor at email@example.com. The Sponsor will send a link for each entrant to fill out information to have the prize mailed to them. It is up to the entrant to fill out the form with the correct mailing address to receive their prize. The prizes will vary but are most likely to be a TMG Bumper Sticker or TMG Coloring book. The specifics of the prize shall be solely determined by The Mars Generation. Prize must be accepted as awarded, and prize is awarded “AS IS” with no warranty, representation or guarantee, express or implied, in fact or in law, made by Sponsor or for which Sponsor shall be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. No substitution, assignment or transfer of a prize is permitted, except by Sponsor, who reserves the right to substitute a prize with another prize of greater or equal value, including cash. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for The Mars Generation to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law. Text and data fees may apply where or when applicable. If applicable, prize winner will be issued an IRS Form 1099 for the retail value of the prize. If potential winner does not wish to accept the prize, they may decline. All details of the prize not set forth herein will be determined by Sponsor in its sole discretion.The Mars Generation reserves the right to select more than one winner each month.
- ODDS: Every entrant is eligible to claim one prize. No more than one prize will be mailed to each household.
- CONTEST WINNER SELECTION AND NOTIFICATION. Each household is eligible to win one prize for this Giveaway. To claim the prize the entrant simply needs to direct message the sponsor on Twitter or Instagram or email the Sponsor at firstname.lastname@example.org with a link to their submission. Upon receiving the link from the entrant, the Sponsor will send a link for a claim form for entrant to fill out and prizes will be mailed out in approximately 3-4 weeks.
If any prize or prize notification is returned as undeliverable, if any potential winner rejects his/her prize or in the event of noncompliance with these Giveaway rules and requirements, such prize will be forfeited and may be awarded to the Submission randomly chosen. Upon prize forfeiture, no compensation will be given.
The entrant selected must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Receipt by Winner of the prize offered in this Giveaway is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT THE MARS GENERATION‘S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
10. PUBLICITY. By entering this content (e.g., photo, video, text, etc.), You understand and agree that The Mars Generation, anyone acting on behalf of The Mars Generation, and The Mars Generation’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Giveaway, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent. By entering this Giveaway, You represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of The Mars Generation. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless The Mars Generation from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which The Mars Generation may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
11. RELEASE. By entering, each entrant forever, fully and irrevocably releases and holds harmless Sponsor and its parents, subsidiaries and affiliates, and their respective agents, advertising and promotion agencies, affiliates, Giveaway partners and prize suppliers, Twitter, Instagram and Facebook, and all of their respective employees, officers, directors, shareholders and agents from and against any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, or liabilities arising in whole or in part, directly or indirectly, whether caused by negligence or not, from entrant’s participation and/or entry in the Giveaway and/or entrant’s award, receipt or use of any prize awarded in the Giveaway. If Giveaway entry requires submitting a photo or video, the photo submitted becomes the property of the Sponsor to be used for the Giveaway and any promotions now or in the future, they may decide to use the photo for. By submitting the photo or video, the entrant agrees they have ownership of that photo or video and agree to allow Sponsor to use the photos or videos free of charge forever.
12. GENERAL CONDITIONS. Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend the Contest if, in Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Giveaway, or if viruses, bugs, unauthorized intervention, fraud, technical difficulties or failures or any other factor beyond Sponsor’s reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Giveaway. In such event, Sponsor reserves the right (but does not have the obligation) in its sole discretion to award the prize at random from among eligible, non-suspect entries received up to the time of suspected impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Giveaway or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner, including but not limited to, the buying of votes. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of this Giveaway is a violation of criminal and civil laws, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision or any other provision of these Official Rules.
13. LIMITATIONS OF LIABILITY. Sponsor is not responsible for: (a) incorrect or inaccurate transcription of entry information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete or misdirected entries or entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the entry process or the Giveaway; (e) printing, typographical, electronic or human errors, which may occur in the offer or administration of the Giveaway or the processing of entries; or (f) any injury or damage to persons or property, including but not limited to entrant’s computer, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Giveaway, or from viewing, playing or downloading any material from Sponsor’s website(s), regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to Sponsor’s websites by a hypertext link.
14. DISPUTES. Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Giveaway, or any prizes awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in Hennepin County, Minneapolis, Minnesota; entrant submits to sole and exclusive personal jurisdiction to said courts in the State of Minnesota for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway but in no event attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain awards for and 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 YOU. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrant or Sponsor in connection with the Giveaway shall be governed by, and construed in accordance with, the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of Minnesota, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Minnesota
- Sponsor: The Sponsor of the Contest is The Mars Generation 5500 Nicollet Ave S. #19430 Minneapolis MN 55419 United States.
THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM, TWITTER OR FACEBOOK. YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND NOT TO INSTAGRAM, TWITTER OR FACEBOOK.