1. Description: From time to time, THE VORTEX may run a Social Media Contest (hereinafter, referred to as “CONTEST”) based on a specific Post (or Posts) made by THE VORTEX on the Company website or on one or more Social Media platforms (hereinafter, collectively referred to as “SITE”). CONTEST may be sponsored solely by THE VORTEX, or may be made in affiliation with a promotional partner – such as the Laughing Skull Lounge comedy club – (hereinafter, collectively referred to as the “CONTEST SPONSOR”).
2. Eligibility: CONTEST is open only to individuals who sign up via the specific SITE Post or Posts for each individual CONTEST, who are 21 years of age or older as of the date of entry, and who are legal residents of the United States (hereinafter, collectively referred to as “PARTICIPANT”). CONTEST is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
3. Duration: CONTEST entries will be accepted online for up to forty-eight (48) hours after the original SITE Post or Posts were made. Any entries received outside of that timeframe will not be included for consideration in the CONTEST.
4. How to Enter: CONTEST must be entered by following the specific instructions contained in the SITE Post or Posts. PARTICIPANT must provide all the information requested. PARTICIPANT may not enter more times than indicated in the SITE Post or Posts by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If a PARTICIPANT uses fraudulent methods, or otherwise attempts to circumvent the rules, their submission may be removed from eligibility at the sole discretion of CONTEST SPONSOR.
5. Prizes: The Winner(s) of the CONTEST (hereinafter, referred to as “WINNER”),will receive the prize or prizes denoted on the SITE Post or Posts for a retail value that will be denoted on the SITE Post or Posts. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by CONTEST SPONSOR. No cash or other prize substitution shall be permitted except at the sole discretion of CONTEST SPONSOR. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by WINNER is permitted. All prizes are nontransferable. 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. Acceptance of prize constitutes permission for CONTEST SPONSOR to use WINNER’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
6. Odds: The odds of winning CONTEST depend on the number of eligible entries received.
7. Selection and Notification: WINNER will be selected by a random drawing under the supervision of CONTEST SPONSOR. WINNER will be notified by Instagram or Facebook direct message or by email (if provided) within 24 hours following selection of the WINNER. CONTEST SPONSOR shall have no liability for WINNER’s failure to receive notices due to spam, junk e-mail or other security settings or for WINNER’s provision of incorrect or otherwise non-functioning contact information. If WINNER cannot be contacted, is ineligible, fails to claim the prize within 24 hours from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate WINNER selected. Receipt by WINNER of the prize offered in any CONTEST is conditioned upon compliance with any and all federal, state, and local laws and regulations. Any VIOLATION of these OFFICIAL RULES by WINNER, determined at the sole discretion of CONTEST SPONSOR, will result in WINNER’S DISQUALIFICATION, and all privileges as WINNER will be IMMEDIATELY TERMINATED.
8. Rights Granted: By entering any content (e.g., photo, video, text, etc.), PARTICIPANT understands and agrees that CONTEST SPONSOR, or any person or entity acting on their behalf, 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, PARTICIPANT’s entry, name, portrait, picture, voice, likeness, image, statements about the CONTEST, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes. without any further compensation, notice, review, or consent. By entering content (e.g., photo, video, text, etc.) to a specific CONTEST, PARTICIPANT represents and warrants that their entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If a PARTICIPANT’s entry infringes upon the intellectual property rights of another, they will be disqualified at the sole discretion of CONTEST SPONSOR. If the content of a PARTICIPANT’s entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, The PARTICIPANT shall, at their sole expense, defend or settle against such claims. PARTICIPANT shall indemnify, defend, and hold harmless CONTEST SPONSOR from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which CONTEST SPONSOR may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
9. Terms & Conditions: CONTEST SPONSOR reserves the right, in their sole discretion, to cancel, terminate, modify or suspend the CONTEST should virus, bug, non-authorized human intervention, fraud, or other cause beyond their control, corrupt or affect the administration, security, fairness, or proper conduct of the CONTEST. In such case, CONTEST SPONSOR may select the WINNER from all eligible entries received prior to the recognition of said corruption. CONTEST SPONSOR reserves the right, in their sole discretion, to disqualify any PARTICIPANT who tampers or attempts to tamper with the entry process, or the operation of the CONTEST
or violates these Terms & Conditions. CONTEST SPONSOR reserves the right, in their sole discretion, to maintain the integrity of the CONTEST, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by CONTEST rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by a PARTICIPANT to deliberately damage any SITE or undermine the legitimate operation of the CONTEST may be a violation of criminal and civil laws. Should such attempt be made, CONTEST SPONSOR reserves the right to seek damages to the fullest extent permitted by law.
10. Limitation of Liability: By entering, PARTICIPANT agrees to release and hold harmless CONTEST SPONSOR and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such PARTICIPANT’s entering of the CONTEST and/or PARTICIPANT’s acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
11. Disputes: CONTEST is governed by the laws of the United States, and Georgia, without respect to conflict of law doctrines. As a condition of participating in CONTEST, PARTICIPANT agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this CONTEST, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Georgia having jurisdiction. Further, in any such dispute, under no circumstances shall PARTICIPANT be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than PARTICIPANT’s actual out-of-pocket expenses (i.e. costs associated with entering this CONTEST). PARTICIPANT further waives all rights to have damages multiplied or increased.
13. WINNER’s List: To obtain a copy of the WINNER’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: The Vortex, ATTN: Contest Inquiry, 878 Peachtree Street NE, Atlanta, GA 30309. Requests must be received no later than one (1) month after the CONTEST has concluded.
14. Promoter: The Promoter of CONTEST is THE VORTEX. The CONTEST may also be co-sponsored in affiliation with any number of promotional partners as further described in SITE Post or Posts, and in these CONTEST Rules.
15. Facebook and Instagram: The CONTEST is in no way sponsored, endorsed, administered by, or associated with Facebook or Instagram.
16. Confirmation of Agreement to Rules: By entering or otherwise participating in the CONTEST, PARTICIPANT agrees to be fully unconditionally bound by these Rules, and further represents and warrants that they meet all eligibility requirements. In addition, PARTICIPANT agrees to accept the decisions of CONTEST SPONSOR as final and binding as it relates to the content of this CONTEST.