T.A. BARRON COMMENT-TO-WIN SWEEPSTAKES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
SPONSOR: The sponsor of the Contest is Thomas A. Barron, LLC (“Sponsor”).
PROMOTION DESCRIPTION: The Sweepstakes begins shall begin immediately after the earlier of the time that Sponsor posts the Sweepstakes Question (as defined herein) on the official Sponsor Facebook® page located at https://www.facebook.com/TABarronFans/ (“Sponsor Facebook Page”), or the official Sponsor Instagram® page located at: https://instagram.com/TABarronAuthor (“Sponsor Instagram Page”); herein collectively known as “Sponsor Social Media Account”, and shall conclude at 11:59 p.m. the following Sunday (the “Sweepstakes Period“). The Sweepstakes involves posting a short response to the question (“Sweepstakes Question”) included on Sponsor’s Social Media Account, as explained in more detail below. Each entrant shall post a brief (100 words or less) response to the opinion question posted by Sponsor on the Sponsor Social Media Account, as described more fully below. At the end of the Sweepstakes Period, a random drawing will be conducted from among all eligible Entries (as defined below) received during the Sweepstakes Period to select one (1) Prize (as defined below) winner, as described more fully below. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these T.A Barron Sweepstakes Official Rules (“Official Rules”) and the decisions of Sponsor, which shall be final and binding in all respects. Please review the Official Rules carefully. If you do not agree to the Official Rules in their entirety, you are not permitted to enter the Sweepstakes.
Facebook® and Instagram® are registered trademarks of Facebook, Inc. (“Facebook”). The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook. By entering the Sweepstakes, you agree to fully release and hold harmless Facebook, as further detailed in the “General Liability Release/Force Majeure” Section below.
ELIGIBILITY: The Sweepstakes is open only to residents of the 50 United States of America and the District of Columbia who are 14 years of age or older as of their date of entry. The Sweepstakes is void in Puerto Rico and all other locations and where otherwise prohibited by law. 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 Sweepstakes (collectively, the “Sweepstakes 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 Sweepstakes. The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook.
HOW TO ENTER:
(a) Facebook® Entry. In order to enter the Sweepstakes during the Sweepstakes Period via Facebook®, you must log in to your Facebook® account, or create a new Facebook® account where you do not already have one, and then follow the instructions set forth below. After you log in to your Facebook® account, you must post a response to Sponsor’s official Sweepstakes Question (each a “Response”). Each response must include the hashtag “#sweepstakes” in order to be considered a valid Response. By submitting a Response, you represent that you have read and agreed to the terms and conditions of these Official Rules. Subject to any limitations, terms and conditions set forth in these Official Rules, upon submitting a response on the Sponsor Facebook® account page, you will receive one (1) entry in the Sweepstakes (each, a “Facebook® Entry”). The Sponsor Facebook Page is the official timekeeper for Facebook Entries submitted in connection with the Sweepstakes.
(b) Instagram® Entry. In order to enter the Sweepstakes during the Sweepstakes Period via Instagram®, you must log in to your Instagram® account, or create a new Instagram® account where you do not already have one, and then follow the instructions set forth below. After you log in to your Instagram® account, you must post a Response to Sponsor’s official Sweepstakes Question. Each response must include the hashtag “#sweepstakes” in order to be considered a valid Response. By submitting a Response, you represent that you have read and agreed to the terms and conditions of these Official Rules. Subject to any limitations, terms and conditions set forth in these Official Rules, upon submitting a response on the Sponsor Instagram® account page, you will receive one (1) entry in the Sweepstakes (each, a “Instagram® Entry”). The Sponsor Instagram Page is the official timekeeper for Instagram Entries submitted in connection with the Sweepstakes.
(c) General Social Media Entry Terms. Proof of submission is not considered proof of delivery or receipt of a Response in connection with Social Media 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 Social Media Entries must be recorded prior to the end of the Sweepstakes Period to be considered valid Social Media Entries. Each entrant may receive only one (1) Social Media Entry. Multiple Responses submitted on the various Sponsor social media account pages, as applicable, are strictly prohibited. Any Social Media 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. In connection with Social Media Entries, entrants must at all times comply with Facebook’s® Terms of Service, Twitter’s® Terms of Service and Instagram’s® Terms of Service.
ENTRANTS ARE NOT PERMITTED TO OPEN ANY ADDITIONAL AND/OR SEPARATE SOCIAL MEDIA ACCOUNTS, OR OTHERWISE SUBMIT SOCIAL MEDIA ENTRIES UNDER ALIASES, IN ORDER TO OBTAIN ADDITIONAL SOCIAL MEDIA ENTRIES (“ALIAS ENTRIES”). SPONSOR RESERVES THE RIGHT TO INVALIDATE ANY PROSPECTIVE SOCIAL MEDIA ENTRY WHERE SPONSOR DETERMINES, IN ITS SOLE AND ABSOLUTE DISCRETION, THAT THE PROSPECTIVE SOCIAL MEDIA 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.
(d) Alternative Means of Entry. As an alternative means of entry in the Sweepstakes, prospective entrants may submit e-mail Responses to email@example.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.
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: By submitting a Response in connection with the Contest, (a) each entrant into the Contest hereby grants to Sponsor unrestricted, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, perform, display, and distribute such Response throughout the world, including, but not limited to, display on Sponsor’s Facebook Page and on https://tabarron.com, and (b) each person who enters the Contest 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 other people’s intellectual property rights, privacy, publicity, or other legal rights. 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. You are providing your information to Sponsor and not to Facebook. Without in any way limiting the foregoing, Sponsor shall have the right, in its sole discretion, to modify and make derivative works of the Response and to use any ideas, concepts, know-how, or techniques contained in the Response for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein. Sponsor shall retain the rights granted in each Response even if the Response is disqualified or fails to meet the Response requirements. Sponsor shall have no obligation to use, display or exploit any Response, and Sponsor may at any time abandon the use, display or exploitation of the Response for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof.
PRIZE: Sponsor will award a signed copy of his upcoming book, GIANT, (“Prize”) to four randomly selected entrants.
The Prize will be delivered only to an address in the United States.
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”).
HOW TO WIN A PRIZE: Within thirty (30) days of the end of the Sweepstakes Period, Sponsor will randomly select four (4) winners from the database of Entries (“Winner Selection”). Attempts to notify the potential Prize winner will be made by tagging the user using the @ function as permitted by individual platforms. If the potential winning Entry was an AMOE Entry, Sponsor will attempt to notify the potential Prize winner using the e-mail address associated with the winning AMOE Entry. Sponsor is not responsible for communication problems of any kind. If, despite reasonable efforts, a potential Prize 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 Prize winner, such potential Prize winner will forfeit her or his rights to the Prize and an alternate winner may be selected.
The potential Prize winner may be required to execute: (a) an Affidavit of Eligibility; (b) a Liability Release; (c) where imposing such condition is legal, a parent/guardian affidavit of eligibility and release if the potential Prize winner is under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in her/his jurisdiction of residence); and (d) a Publicity Release (collectively, “Prize Claim Documents“). If the potential Prize winner is under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in her/his jurisdiction of residence), then a parent or legal guardian must execute all Prize Claim Documents and accept the Prize on the potential Prize winner’s behalf. If any potential Prize winner (or a parent or legal guardian of any potential Prize winner, if and as applicable) fails or refuses to sign and return all Prize Claim Documents within five (5) days of Prize notification (or such shorter time as exigencies may require), the potential Prize winner may be disqualified and an alternate winner may be selected.
All information of the applicable potential Prize winner must match the records maintained by Sponsor in order for the subject Prize to be awarded. In the event of a dispute, the information maintained by Sponsor will govern. Each Response will be deemed submitted by the person under whose Entry E-mail Address the Response was submitted, regardless of who actually submitted the Response.
GENERAL PRIZE CONDITIONS; TAXES: All Prize selection results 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 potential Prize winner as selected randomly by Sponsor. No cash alternative or substitution of Prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute Prize(s) 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 Sweepstakes-related materials is for illustrative purposes only. THE WINNER IS RESPONSIBLE FOR REPORTING AND PAYING ANY LOCAL, STATE AND/OR FEDERAL INCOME TAXES OR OTHER TAXES THAT MAY APPLY IN CONNECTION WITH ACCEPTING A PRIZE; SPONSOR IS NOT RESPONSIBLE FOR AND WILL NOT PAY ANY SUCH TAXES. SPONSOR RESERVES THE RIGHT TO WITHHOLD TAXES FROM THE WINNING PRIZE, AS APPROPRIATE. Sponsor reserves the right to file a form 1099-MISC for the Prize winner.
ODDS OF WINNING: The odds of winning depend on the total number of eligible Entries received.
FURTHER DOCUMENTATION: Potential winners may be required to execute an Affidavit of Eligibility, a Liability Release, a parent/guardian affidavit of eligibility and release if the potential winner is under the age of eighteen (18), and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”). If the potential winner is under 18 years of age, then a parent or legal guardian must execute all Prize Claim Documents and accept the prize on the potential winner’s behalf. If any potential winner (or a parent or legal guardian of any potential winner, if and as applicable) fails or refuses to sign and return all Prize Claim Documents within five (5) days of prize notification (or such shorter time as exigencies may require), the winner may be disqualified and an alternate winner may be selected.
GENERAL LIABILITY RELEASE/FORCE MAJEURE: Entrants agree that the Contest Entities and Facebook (a) shall not be responsible or liable for any losses, damages, or injuries of any kind (including death) resulting from participation in the Contest or any Contest-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 Contest Entities and Facebook from and against any liability, including, without limitation, liability for any property damage, property loss, bodily injury, or death resulting from participation in the Contest or any Contest-related activity, or from entrants’ acceptance, receipt, possession, use, or misuse of any prize. Entrants will indemnify, defend, and hold harmless the Contest Entities from and against all third party claims arising from or relating to entrant’s participation in the Contest. Sponsor assumes no responsibility for any damage to an entrant’s computer system which is occasioned by accessing Contest-related websites or participating in the Contest, 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 incomplete, illegible, misdirected, misprinted, late, lost, postage-due, damaged, or stolen entries or prize notifications; or for lost, interrupted, inaccessible, or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for 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 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 tampering with the entry process or the operation of the Contest or Contest-related websites, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten, or harass any other person, and 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 Contest as contemplated herein by any event beyond its control, including, without limitation, fire, flood, natural or man-made epidemic, 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 Contest. If the Contest is terminated for Force Majeure before the end of the Contest 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. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with the law by a duly authorized representative of Sponsor. 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: By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in the Contest, each entrant irrevocably grants the Contest 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 Contest and hereby releases the Contest 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.
GOVERNING LAW/JURISDICTION: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants and Sponsor in connection with the Contest shall be governed by and construed in accordance with the laws of the State of Colorado without giving effect to any choice of law or conflict of laws rules or provisions. Any legal claims arising out of or relating to the Contest or these Official Rules must be brought in the federal or state courts located in Denver, Colorado or Boulder, Colorado.
WINNERS LIST/OFFICIAL RULES: To obtain any legally required winners list (after the conclusion of the Contest) or a copy of these Official Rules, send a self-addressed envelope with the proper postage affixed to: PO Box 1470 Boulder, CO 80306. Please specify “winners list” or “Official Rules” and the name of the Contest in your request.