STURGIS.COM OFFICIAL TSHIRT CONTEST RULES
>NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCE OF WINNING.
>VOID WHERE PROHIBITED BY LAW.
>PARTICIPATION IN THE STURGIS.COM CONTEST CONSTITUTES AGREEMENT WITH AND ACCEPTANCE OF THE FOLLOWING OFFICIAL RULES.
1. CONTEST PERIOD. The Contest Period will begin on June 25, 2019 at 12:00 a.m. Mountain Time and will end on May 30, 2020 at 12:00 a.m. Mountain Time ("Contest Period"). Sturgis.com LLC (Presenter) may, at its sole discretion, extend the period of time for the submittal of entries. Any extension of time from the submittal of entries will be posted on the promotion webpage at www.Sturgis.com.
2. ELIGIBILITY. (a) Persons Eligible. To enter the Contest and to be eligible to win, all members of a performing group ("Entrants") must:(i) be at least 18 years of age on or before the beginning of the Contest Period; and (ii) comply with the terms and conditions of these Official Rules. (b) Persons Ineligible. Throughout the Contest Period, in addition to those persons who do not meet the eligibility requirements stated above, persons in any of the following categories are NOT eligible to enter the Contest or win a Prize (defined below): (i) any person who is an employee, shareholder, member, director, manager, officer, agent, representative or contractor of the Presenter or its sponsors; (ii) any person engaged in the administration, development, execution, management or production of the Contest for and on behalf of the Presenter; (iii) immediate family members (defined as a biological or step mother, father, sister, brother, daughter, son or dependent or spouse) of any person in any of the preceding categories, regardless of where they live; and (iv) persons who reside in the same household (defined as persons living in the same household for at least 3 of the 12 months preceding the start of the Contest Period, whether related or not) with any person in any of the preceding categories. Throughout the Contest Period, any band who meets the above stated criteria (v) (iii) any person who is under contract to perform at any direct competitor of the Presenter;
3. HOW TO ENTER:
(a) To enter the Contest, visit http://sturgis-rally.com/resources/t-shirt-contest (the "Contest Site") during the Contest Period and complete the Contest entry form ("Contest Entry Form") online including all required information, name, street address, email address, telephone number, etc. (b) Limit five (5) entries per artist. More than five submissions per person might disqualify all your entries. All Entries must be received during the Contest Period. Presenter is not responsible for undelivered, illegible or incomplete Entries. (c) Entries must include a minimum of one drawing or photograph for each Entry during the Contest Period. Submitted images must not violate any laws or rights of any person or entity. Content must not be unlawful, violent, threatening, abusive, libelous, lewd, sexually explicit, exploitive, or profane. The Presenter, at is sole and absolute discretion, shall determine whether any information transmitted or received violates this provision.
OTHER ENTRY REQUIREMENTS:
(a) You CAN use the words 'Sturgis, Motorcycle, Rally' But do not copy or use the same style as the City of Sturgis or SMRI's 'Sturgis' styling of the words.
(b) Your tshirt design must be original, you must own the Copyright to your design. (According to United States Copyright Law, and quoting from the www.Copyright.gov website, your art is considered copyright protected from "the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device." )
(c) Your design must not be copyrighted in whole or part by any other person or company.
(d) You can use clipart, but note that those parts of your design are not copyrightable and may disqualify your entry.
(e) No hate groups or other Trademarked names may be used. Search USPTO.gov to make sure you are not using someone's legal trademark.
(f) You MUST preform 'do diligence' to all of your tshirt design entries for copyright or other legal infringement.
4. HOW TO VOTE/VOTING CRITERIA:
(a) To be eligible to vote for Contest Entries, visit the Contest Site during the Contest Period and complete the Contest voter registration including your email address and an optional opt in to the Sturgis.com's newsletter. (b) Votes are limited to five (5) votes per individual per day. The Presenter may exclude any and all votes that it determines, in its sole discretion, were cast fraudulently. This includes votes that are being made from fraudulent accounts, the use of Internet vote purchasing services, entries generated by a script, computer programs, macro, programmed, robotic or other automated means or any attempts at tampering with the site. If a Voter is caught in any of the above indiscretions, the Presenter reserves the right to remove the votes in question, and/or terminate the Voter’s account including all votes that are associated with it. If a dispute cannot be resolved to the Presenter’s satisfaction, the votes will be deemed invalid.
5. PRIZES: At the conclusion of the Contest Period, a grand prize ("Prize(s)") will be awarded to one Entery chosen by the highest number of votes. The Prize will consist of: 15% royalties of all tshirt sales of their winning design to them and the winner can choose any Black Hills 501c Legal Charity to donate 15% royalties from sales on the same tshirt. No substitution, cash alternative or assignment of a prize is permitted except in the Presenter’s sole discretion.
6. JUDGING: After the conclusion of the Contest Period, on May 30, 2019, the Contest will review the Entries of the 4 highest scoring Entries and select one Entrant (“ Prize Winner”) to win the Royalties Prize. The Contest Judges will base their decision upon the following criteria: (i) originality; (ii) creativity; (iii) attention to the Presenter and sponsor brands; (iv) quality of the Entry; and (v) the observed public preference for the Entry in the form of total votes on the Entries Profile Page. Presenter maintains the right to exercise sole veto power over any chosen Prize Winner. If Veto power is exercised, Judges will choose another Prize Winner. Decisions of the Presenter are final in all matters
7. PRIZE WINNER DETERMINATIONS AND CLAIMING PRIZES:(a) The Winner will be contacted personally, or by phone, mail or email with instructions on how to claim the aforementioned Prize. In the event that: (i) a Prize Winner is found to be ineligible; (ii) a Prize Winner declines to accept a Prize; (iii) a Prize Winner cannot be contacted or found within a reasonable period; or (iv) a Prize confirmation is returned undeliverable, the Prize will be forfeited and, at the Presenter’s sole discretion, said Prize will be awarded to an alternate Prize Winner chosen using the judging criteria set forth above from the remaining eligible Entries. Each Prize Winner will be required to furnish proof of eligibility. In addition, before being verified as an official winner, each Prize Winner will be required to execute and return a W-9 form and an Affidavit/Declaration of Eligibility/Liability & Publicity Release and Assumption of Risk form (the "Release") within ten (10) business days from the time of receipt, transmission or postmark, as the case may be, or the Prize will be forfeited.
(b) Prize monies will be paid to the winner(s) as they are accrued with minimum payments of $50. and ongoing until the tshirt design is retired. (c) By accepting a Prize, the Prize Winner consents to (i) the use of his/her name, addresses, voice, likeness and statements relating to the Contest or the Presenter (including photographs and videos of the Prize Winner) without further compensation, notification or permission in any publicity, promotions or advertising carried out by Presenter or any of its representatives or sponsors in any and all media now known or hereinafter developed without territorial or time limitation, except where prohibited by law, (ii) the Presenter’s no compete agreement, which states that the Prize Winner is not to do any business or any promotions for direct competitors of the Presenter during the 2019/2020 years without the expressed written permission of the Presenter, and (iii) giving the Presenter the right to continue using the Prize Winner design for the five years following. (d) The Prize Winner is solely responsible for the following: (i) any federal, state and/or local taxes, including income and withholding taxes, associated with receipt of the applicable Prize; and (ii) any additional costs and expenses associated with Prize Winner's receipt of his/her Prize, other than what is stated herein, including, but not limited to, travel expenses, insurance, gratuities and other personal expenses incurred in the acceptance or use of a Prize. The Prize is non-transferable and no Prize substitutions shall be made, except by the Presenter, who reserves the right to substitute another Prize or Prize component of comparable or greater value. Where applicable, Presenter will issue a Form 1099 and/or other income tax forms to the winner, where required by law.
8. CONDITIONS OF ENTRY:(a) By entering, Entrants: (i) acknowledge compliance with these Official Rules including all eligibility requirements and agree that clicking your consent on and to Entry is a binding form of your electronic signature which binds you to these Official Rules; (ii) acknowledge that the Official Rules supersede and nullify any previously existing contract that the Entrant has with the Presenter; (iii) agree to be bound by the decisions of the Presenter and/or the Contest Judges, made in their sole discretion, which shall be final and binding in all matters relating to this Contest; (iv) agree to be bound by the rules of Sturgis.com LLC. Entrants who have not complied or who do not comply with these Official Rules are subject to disqualification. (b) By entering, each Entrant grants the Presenter, its Sponsors, and any of their representatives a license in perpetuity to use his/her mp3s, videos, photographs, name, likeness, voice and/or biographical information in any publicity, promotions, marketing or advertising without further compensation, notification or permission in any and all media now known or hereinafter developed without territorial or time limitation, except where prohibited by law. (c) Presenter is not responsible for late, lost, damaged, stolen, misdirected, mutilated, garbled, illegible or incomplete Entries. Proof of transmission (screenshots, etc.) does not constitute proof of delivery. (d) The Presenter reserves the right to disqualify any Entry in the Contest or entitlement to a Prize, if, in the sole discretion of the Presenter, it determines or suspects that the Entrant has attempted to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other fraudulent, deceptive or unfair playing practices (including any Entries generated by script, macro, robotic, programmed, or any other automated means). (e) If a dispute arises regarding who submitted an Entry, the Entry will be deemed to be submitted by the authorized account holder of the email address provided at time of Entry. Authorized account holder is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address. If a dispute cannot be resolved to Presenter's satisfaction, the entry will be deemed invalid.
9. CONDITIONS OF VOTING: (a) By completing a Voter Registration, Voters:(i) acknowledge compliance with these Official Rules and agree that clicking your consent to Registration is a binding form of your electronic signature which binds you to these Official Rules; (ii) agree to be bound by the decisions of the Sponsor and/or the Contest Judges, made in their sole discretion, which shall be final and binding in all matters relating to this Contest. Voters who have not complied or who do not comply with these Official Rules are subject to termination of their account and removal of any votes cast thereby. (b) By voting, each Voter also consents to have his or her provided information shared with the presenter and its authorized third parties.
10. LIMITATIONS OF LIABILITY:As a condition of entering, Entrants agree to waive any and all claims of liability against Presenter, Sponsor, promotional agents, representatives and contractors administering the Contest, as well asYouTube, for damages, injuries or other losses which relate directly or indirectly to the Contest and its Prizes. The Presenter is not responsible for and disclaims any liability in connection with: (a) lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connection, availability or accessibility problems arising in connection with or over the course of the Contest; (b) failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions or hardware or software malfunctions, failures or difficulties; (c) failure of personal computers and/or software and hardware configurations, any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other errors in the offering or announcement of any Prize or in any Prize notification documents; (d) any other errors of any kind relating to or in connection with the Contest, whether human, mechanical, clerical, electronic, or technical in nature; (e) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Contest; or (f) damage to a user's system occasioned by participation in this Contest or downloading any information necessary to participate in this Contest. The presenter reserves the right in its sole discretion to suspend, terminate or modify the Contest at any time if fraud, technical failures, or other causes corrupt the administration, security integrity or proper play of the Contest. Presenter does not warrant that access to the Contest will be uninterrupted and Presenter will not be responsible for any problems that may arise, including but not limited to: (i) lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connection, availability or accessibility problems arising in connection with or over the course of the Contest; (ii) failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions or hardware or software malfunctions, failures or difficulties; (iii) failure of personal computers and/or software and hardware configurations, any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other errors in the offering or announcement of any Prize or in any Prize notification documents; (iv) any other errors of any kind relating to or in connection with the Contest, whether human, mechanical, clerical, electronic, or technical in nature; (v) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Contest; or (vi) damage to a user's system occasioned by participation in this Contest or downloading any information necessary to participate in this Contest.
11. DISCLOSURES:(a) Any attempt by an Entrant, Voter or other individual, to deliberately damage any website or undermine the legitimate operation of this Contest, including but not limited to any fraudulent claims, may be a violation of both civil and criminal laws. Should such an attempt be made, Presenter reserves the right to seek remedies and damages from any such individual, to the fullest extent permitted by law, including criminal prosecution. Entrants and Voters engaging in any of the foregoing activities will face disqualification, account termination and Prize forfeiture. (b) In the event of any conflict with any Contest detail contained in these Official Rules and Contest details contained in any other Contest materials (including but not limited to point of sale, television, and print advertising, promotional packaging, and other promotion media), the details of the Contest as set forth in these Official Rules will prevail. (c) All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrant, Voter, Presenter and its Sponsor(s) in connection with the Contest, will be governed by, and construed in accordance with, the substantive laws of the State of South Dakota without regard to South Dakota's conflicts of law principles. Any dispute, controversy or claim arising under, out of or relating to the contest, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be referred to and finally determined by arbitration in accordance with the rules of the American Arbitration Association The arbitral tribunal shall, unless otherwise agreed, consist of three arbitrators. The place of arbitration shall be Rapid City, South Dakota. (d) 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. In particular, Presenter’s and Sponsor's employees, agents, representatives or contractors are not authorized to waive, modify or amend any provision or provisions of these Official Rules in any manner whatsoever.
12. PRIVACY:Personal information collected from Entrants and Voters will be used by the Presenter for the purpose of administering the Contest. Entrants and Voters may receive information regarding the Contest, email newsletters, and promotional offers from the Presenter and its pre-screened third parties following Registration or Entry. Entrants and Voters may opt out of such communications at any time.