SWEEPSTAKES RULES

SPONSOR: The sponsor of the Sweepstakes is Thomas A. Barron, LLC (“Sponsor”).

PROMOTION DESCRIPTION:The Contest shall begin immediately after Sponsor posts the “Contest Prompt” (as defined herein) on the official sponsor website at https://www.tabarron.com/fun-games/contest (“Sponsor Contest Page”) and shall conclude at 11:59 p.m. November 1, 2024 (the “Contest Period”). The Contest involves posting a short story to Sponsor’s Entry Page as explained in more detail below. Each entrant shall post an original response to the prompt posted by Sponsor on the Sponsor Entry Page as described more fully below. Sponsor will select three (3) winners from among all eligible applications to receive one of three gift prizes, as described more fully below. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects.

ELIGIBILITY: The Contest is open only to residents of the 50 United States of America or the District of Columbia who are 13 years of age or older as of their time of entry. Entrants under the age of majority must receive prior permission from a legal parent or guardian to enter and their legal parent or guardian must also agree to these Official Rules. If an entrant under the age of majority wins a prize, the prize will be awarded to the parent or legal guardian upon receipt of all required documents. Employees of Sponsor, its prize providers and licensors, and each of the foregoing entities’ affiliates, authorized designees and other related entities, and any other individual or entity associated with the development, judging or administration of the Contest (collectively, the “Contest Entities”), as well as members of such employees’ immediate families (spouses, children, siblings, parents), and persons living in the same household as such persons, whether or not related, are not eligible to participate in the Contest. The Contest is in no way sponsored, endorsed or administered by, or associated with Facebook.

HOW TO ENTER: To enter the Contest, during the Contest Period, go to the Sponsor Contest Page located at https://tabarron.com/fun-games/sweeptakes/ and submit an original short fiction story following the provided prompt (each an “Entry”). Sponsor’s web site is the official timekeeper for the Contest. All entry information and materials become the property of Sponsor and will not be acknowledged or returned. Personal information collected in connection with the Contest will be used in accordance with the online privacy policy available at https://tabarron.com/privacy-policy/. Proof of submission is not considered proof of delivery or receipt of a Response. In the event of a dispute regarding the identity of the individual who actually submitted a Response cannot be resolved to Sponsor’s satisfaction, the affected Response will be declared invalid and disqualified. Any Response that is considered by Sponsor in its sole and absolute discretion to be obscene, pornographic, libelous, hate speech or otherwise objectionable, in whole or in part, will be disqualified.
      

(a) General Website Entry Terms. Proof of submission is not considered proof of delivery or receipt of a Response in connection with Website Entries. In the event that a dispute regarding the identity of  an individual who actually submitted a Response cannot be resolved to Sponsor’s satisfaction, the affected Response will be declared invalid and disqualified. Sponsor reserves the right to disqualify (and refuse to accept or remove) any Response that Sponsor, in its sole discretion, deems to violate these Official Rules. Without limiting the foregoing, any Response that is considered by Sponsor, in its sole and absolute discretion, to be obscene, pornographic, libelous, hate speech or otherwise objectionable, in whole or in part, will be disqualified.  All Website Entries must be recorded prior to the end of the Sweepstakes Period to be considered valid Website Entries.  Each entrant may receive only one (1) Website Entry. Any Website Entry(ies) submitted by the same individual in excess of the aforementioned limit of one (1) entry will be discarded.

Each entrant must ensure that her/his Response complies with the Federal Trade Commission Guidelines Concerning the Use of Endorsements and Testimonials and Native Advertising: A Guide for Businesses (the “FTC Guidelines”) by including any necessary caveats and disclaimers.

ENTRANTS ARE NOT PERMITTED TO OPEN ANY ADDITIONAL AND/OR SEPARATE EMAIL ADDRESSES, OR OTHERWISE SUBMIT WEBSITE ENTRIES UNDER ALIASES, IN ORDER TO OBTAIN ADDITIONAL WEBSITE ENTRIES (“ALIAS ENTRIES”).  SPONSOR RESERVES THE RIGHT TO INVALIDATE ANY PROSPECTIVE WEBSITE ENTRY WHERE SPONSOR DETERMINES, IN ITS SOLE AND ABSOLUTE DISCRETION, THAT THE PROSPECTIVE WEBSITE ENTRY IS AN ALIAS ENTRY, WAS OBTAINED USING ANY FRAUDULENT OR DECEPTIVE METHOD, WAS OBTAINED IN BAD FAITH OR WAS OTHERWISE OBTAINED IN VIOLATION OF THESE RULES.

(b) Alternative Means of Entry. As an alternative means of entry in the Sweepstakes, prospective entrants may submit e-mail Responses to promotions@tabarron.com (each, an “AMOE Entry E-mail”). The information that you must provide in the AMOE Entry E-mail in order to submit an entry (each, an “AMOE Entry,” and together with the Social Media Entries, the “Entries”) includes your: (i) full name; (ii) e-mail address; and (iii) Response (“AMOE Registration Data”). Where an entrant submits a valid AMOE Entry E-mail during the Sweepstakes Period, that entrant will automatically receive one (1) AMOE Entry. All AMOE Entries must be received by Sponsor prior to the end of the Sweepstakes Period to be considered valid AMOE Entries. Entrants must update their AMOE Registration Data, as necessary, to remain eligible to win a Prize. Any improperly submitted AMOE Entry E-mails (i.e. any potential AMOE Entry E-mails having invalid or incomplete AMOE Registration Data) will be VOID. Limit: Each entrant may receive only one (1) AMOE Entry in the Sweepstakes, and any AMOE Entry(ies) submitted by the same individual in excess of that AMOE Entry limit will be discarded.

(c) General Entry Terms. You may submit either one (1) Website Entry or one (1) AMOE Entry during the Sweepstakes Period, but not both, or more than one (1) of either category during the Sweepstakes Period. Entries submitted by the same individual in excess of the aforementioned limit, either directly or by using numerous social media accounts, e-mail addresses, registrations, identities or other methods, will be voided. Sponsor reserves the right to reject any Entry that it believes, in its sole discretion, is fraudulent, incomplete or otherwise invalid. By entering the Sweepstakes, you consent to Sponsor collecting and storing your personal information which may include your AMOE Registration Data and/or social media account information (collectively, “Registration Data”). Registration Data collected in connection with the Sweepstakes will be used in accordance with the online Privacy Policy available at https://tabarron.com/privacy-policy/. 

SPONSOR IS NOT RESPONSIBLE FOR REGISTRATIONS, RESPONSES, SOCIAL MEDIA ENTRIES, AMOE ENTRIES, CLAIMS OR NOTICES THAT ARE LOST, LATE, ILLEGIBLE, MISDIRECTED, DAMAGED, INCOMPLETE OR INCORRECT. IF YOU FAIL TO SUBMIT AN ENTRY DURING THE SWEEPSTAKES PERIOD FOR ANY REASON INCLUDING, BUT NOT LIMITED TO, WHERE YOU CANNOT ACCESS FACEBOOK®, INSTAGRAM® OR TWITTER®, YOU WILL NOT QUALIFY FOR A PRIZE.

SPONSOR IS NOT RESPONSIBLE FOR ENTRIES AND/OR RESPONSES THAT ARE LOST, LATE, ILLEGIBLE, MISDIRECTED, DAMAGED, INCOMPLETE OR INCORRECT. IF YOU FAIL TO SUBMIT AN RESPONSE PRIOR TO THE EXPIRATION OF THE SWEEPSTAKES PERIOD INCLUDING, WITHOUT LIMITATION, WHERE YOU CANNOT ACCESS THE SPONSOR SOCIAL MEDIA ACCOUNT PAGES FOR ANY REASON WHATSOEVER, YOU WILL NOT QUALIFY FOR A PRIZE. 

GRANT OF RIGHTS. Each entrant shall be deemed the owner of the Response submitted in connection with the Sweepstakes. Notwithstanding the foregoing, by submitting a Response in connection with the Sweepstakes: (a) each entrant hereby grants to Sponsor an unrestricted, perpetual, non-exclusive, fully-paid and royalty-free, license to use, copy, perform, display, and distribute such Response throughout the world including, but not limited to, on Sponsor’s Facebook Page and on http://tabarron.com/; and (b) each person who enters the Sweepstakes represents and warrants that: (i) the Response is the entrant’s own, original work; (ii) the Response does not contain any harmful computer code and is not otherwise corrupted; (iii) the Response is not the subject of any actual or threatened litigation or claim; and (iv) the Response does not and will not violate or infringe upon any third party’s intellectual property rights, privacy, publicity, or other legal rights. By submitting a Response and entering the Sweepstakes, you are providing your information to Sponsor and not to any of the applicable social media entities. 

PRIZE: Prizes will consist of:

Grand Prize

• One (1) Bookshop.org Gift Card (ARV $150.00)

First Place Prize

• One (1) Bookshop.org Gift Card (ARV $100.00)

Second Place Prize

• One (1) Bookshop.org Gift Card (ARV $50.00)

IDENTIFICATION OF ENTRANTS: Entrants who submit AMOE Entries will be identified by their respective e-mail addresses, and Entrants who submit Social Media Entries will be identified by their respective e-mail addresses associated with applicable social media used to submit the subject Social Media Entries (collectively, “Entry E-mail Addresses”).

GENERAL PRIZE CONDITIONS:  All results of the selection are final and binding, subject to these Official Rules.  In the event an entry is discovered to be invalid for any reason whatsoever or the person who submitted the entry fails to comply with these Official Rules prior to delivery of the prize, the prize may be forfeited and awarded to an alternate winner.  Prize will be delivered only to a valid email address.  No cash alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prizes of comparable value, in whole or in part, for any reason. All details of the prize not specified in these Official Rules will be determined by Sponsor in its sole discretion. Any prize pictured in advertising and other Contest materials is for illustrative purposes only.  THE WINNER IS RESPONSIBLE FOR REPORTING AND PAYING ANY INCOME TAXES OR OTHER TAXES THAT MAY APPLY TO ACCEPTING A PRIZE; SPONSOR IS NOT RESPONSIBLE FOR AND WILL NOT PAY ANY SUCH TAXES.

WINNER SELECTION; JUDGING CRITERIA:  A judging panel selected by Sponsor in its sole discretion will select three (3) winning Entries from among all eligible Entries received based on the following criteria: Each Entry will be awarded a total score out of one hundred points based on the following criteria: Originality (75%) Creativity (25%). The entrants who submit the Entries with the highest scores will be the potential winner of one the three (3) prizes. In the event of a tie, the Response that scored the highest points in the originality category will be selected. If a tie still remains the Response that scored the highest points in the creativity category will be selected.

The judging criteria are to be applied in the sole discretion of Sponsor and the individual judges.  By entering the Contest, entrants acknowledge that such evaluations may differ from person to person and agree to be bound by and not challenge the final decisions of Sponsor and the individual judges.  In the event a winning entry is discovered to be invalid for any reason whatsoever or the person who submitted the winning entry fails to comply with these Official Rules prior to delivery of the prize, the prize may be forfeited and awarded to an alternate winner.

The judging criteria are to be applied in the sole discretion of Sponsor and the individual judges.  By entering the Contest, entrants acknowledge that such evaluations may differ from person to person and agree to be bound by and not challenge the final decisions of Sponsor and the individual judges.  In the event a winning entry is discovered to be invalid for any reason whatsoever or the person who submitted the winning entry fails to comply with these Official Rules prior to delivery of the prize, the prize may be forfeited and awarded to an alternate winner.

ODDS:  Many will enter, only three (3) will win. The odds of winning depend upon the number of eligible entries received.  Sponsor cannot accurately predict the number of entrants who will participate in the Contest.

DATES AND DEADLINES:  Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any dates or deadlines set forth in these Official Rules or otherwise governing the Contest.

NOTICE TO WINNERS:  Attempts to notify potential winners will be made by an email sent the the email address provided during Entry. Sponsor is not responsible for communication problems of any kind.  If, despite reasonable efforts, a potential winner does not respond, using the contact information provided by Sponsor in its notification, within five (5) days of the first notification attempt (or such shorter time as exigencies may require), or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected.

GENERAL LIABILITY RELEASE/FORCE MAJEURE: Entrants agree that the Sweepstakes Entities, Facebook® and Twitter® (collectively, the “Released Parties”): (a) shall not be responsible or liable for any losses, damages, or injuries of any kind (including death) resulting from participation in the Sweepstakes or any Sweepstakes-related activity, or from entrants’ acceptance, receipt, possession, use, or misuse of any Prize; and (b) have not made any warranty, representation, or guarantee express or implied, in fact or in law, with respect to any Prize including, without limitation, regarding such Prize’s quality or fitness for a particular purpose. Entrants hereby release the Released Parties from and against any liability including, without limitation, liability for any property damage, property loss, bodily injury, or death resulting from participation in the Sweepstakes or any Sweepstakes-related activity, or from entrants’ acceptance, receipt, possession, use, or misuse of any Prize. Entrants will indemnify, defend and hold harmless the Released Parties from and against all third party claims arising from or relating to entrant’s participation in the Sweepstakes. Sponsor assumes no responsibility for any damage to an entrant’s computer system which is occasioned by accessing Sweepstakes-related websites or participating in the Sweepstakes, or for any computer system, phone line, hardware, software, or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for: (i) incomplete, illegible, misdirected, misprinted, late, lost, postage-due, damaged, or stolen Entries or Prize notifications; (ii) lost, interrupted, inaccessible, or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; (iii) miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone, cable transmissions or other communications; or for any technical malfunctions, failures, difficulties, or other errors of any kind or nature; or (iv) for the incorrect or inaccurate capture of information, or the failure to capture any information.  Sponsor reserves the right, in its sole discretion, to disqualify any individual who is found to be: (A) tampering with the Entry process or the operation of the Sweepstakes or Sweepstakes-related websites; (B) acting in violation of these Official Rules; (C) acting in a disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten, or harass any other person; and (D) Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. In the event an insufficient number of eligible Entries are received or Sponsor is prevented from awarding Prize(s) or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including, without limitation, fire, flood, natural or man-made epidemic, Covid-19 or any similar virus, pandemic or disease, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated for Force Majeure before the end of the Sweepstakes Period, Sponsor will (if possible) select winners from all eligible, non-suspect Entries received as of the date of the event giving rise to the termination. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

PUBLICITY RELEASE: Other than for residents of the State of Tennessee and where otherwise prohibited by law, By participating in the Sweepstakes, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in the Sweepstakes, each entrant irrevocably grants the Sweepstakes Entities and their respective successors, assigns and licensees, the right to use such entrant’s name, likeness, image, and biographical information in any and all media for any purpose including, without limitation, advertising and publicity purposes, as well as in connection with the Sweepstakes and hereby releases the Sweepstakes Entities from any liability with respect thereto.

INTELLECTUAL PROPERTY: The Official Rules and all related web pages and content are the property of the Sponsor or authorized third party. The copy or unauthorized use of any of those materials, associated trademarks or any other intellectual property without the express written consent of its owner is strictly prohibited.

CHOICE OF LAW/DISPUTE RESOLUTION: These Official Rules shall be treated as though they were executed and performed in Denver, CO and shall be governed by and construed in accordance with the laws of the State of Colorado (without regard to conflict of law principles). The parties hereby agree to arbitrate all claims that may arise under and/or relate to the Sweepstakes and/or these Official Rules. Without limiting the foregoing, should a dispute arise between the parties including, without limitation, any matter concerning the Sweepstakes, the Prizes, the terms and conditions of these Official Rules or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association (“AAA”) in Denver, CO, in accordance with the then current Commercial Arbitration rules of the AAA; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here. The Released Party(ies) named in your Initial Dispute Notice may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If the applicable Released Party(ies) provide(s) you with a Final Settlement Offer and you do not accept it, or such Released Party(ies) cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before the AAA, in your county of residence, by filing a separate Demand for Arbitration, which is available here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than the applicable Final Settlement Offer, then the Released Party(ies) will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, the Released Party(ies) will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although the Released Party(ies) may have a right to an award of attorneys’ fees and expenses if Released Party(ies) prevail(s) in arbitration, the Released Party(ies) will not seek such an award from you unless the arbitrator determines that your claim was frivolous.

To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against any of the Released Parties. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that any Released Party(ies) incur(s) in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first enter the Sweepstakes.

WINNERS LIST/OFFICIAL RULES: To obtain any legally-required winners list (after the conclusion of the Sweepstakes Period) or a copy of these Official Rules, send a self-addressed envelope with the proper postage affixed to: PO Box 18750, Boulder, CO 80308. Please specify “winners list” or “Official Rules” and the name of the Sweepstakes in your request.