Official Rules for Epic Hero Shop Halloween T-Shirt Contest
NO PURCHASE NECESSARY TO ENTER OR WIN, VOID WHERE PROHIBITED. NO PURCHASE OR PAYMENT OF ANY KIND WILL INCREASE YOUR CHANCES OF WINNING. LIMIT ONE (1) PRIZE PER PERSON INTO THE CONTEST. OPEN ONLY TO RESIDENTS OF THE UNITED STATES (BUT EXCLUDING RESIDENTS OF ANY OF THE FOLLOWING STATES: COLORADO, MARYLAND, NEBRASKA, NORTH DAKOTA, VERMONT, AND TENNESSEE), THE DISTRICT OF COLUMBIA, AND LEGAL CANADIAN RESIDENTS OF ALBERTA, BRITISH COLUMBIA, OR ONTARIO (BUT EXCLUDING RESIDENTS OF THE CANADIAN PROVINCE OF QUEBEC), WHO ARE OVER THE AGE OF EIGHTEEN (18). VOID WHERE PROHIBITED. SUPPLIES ARE LIMITED, WHILE SUPPLIES LAST. ALL FEDERAL, STATE AND LOCAL REGULATIONS APPLY. BY PARTICIPATING IN THIS CONTEST, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES, THAT YOU MEET THE ELIGIBILITY REQUIREMENTS FOR THIS PROMOTION.
These rules (the “Official Rules”) govern the Epic Hero Shop Halloween T-Shirt Contest (the “Contest”) being conducted and sponsored by Epic Hero Shop (“Company” and/or “Sponsor”) via the Company’s official Instagram page located at @epicheroshop (the “Website(s)”). Contestants may enter by posting a picture of themselves in a superhero-inspired costume to Instagram and using #EpicHeroWeen. Entrants must be following @epicheroshop and @ffwpodcast to be eligible. Entrants may not win more than once. Company is the administrator of these Contest and will be solely responsible for resolving any disputes that arise regarding these Official Rules. Company’s address is 9430 Research Blvd, Suite IV30, Austin, TX 78759. The Contest is not sponsored, endorsed, administered, or in any way affiliated with Instagram, Twitter, Facebook, or any entity or person other than the Company.
Company will post an image to announce the contest on the Website at 3:00 p.m. CST on October 13, 2022, and each day thereafter through 11:59PM CST on October 31, 2022 (the “Entry Period”).
The Contest is open to all natural persons who: (i) enter into the Contest by following the Entry Method described below; (ii) are legal residents of the United States (but excluding residents of any of the following states: Colorado, Maryland, Nebraska, North Dakota, Vermont, and Tennessee) and the District of Columbia, or Canadian Residents of the provinces of Alberta, British Columbia, or Ontario (but excluding residents of the Canadian province of Quebec), and are living in a location the laws of which allow the Contest, without a required permit fee, bonding fee, or registration requirement (the “Territory”); and (iii) are at least eighteen (18) years of age or older as of the start of the Entry Period, (the “Entrants”). By entering the Contest the Entrant certifies that Entrant is eligible to participate as described in these Official Rules. The Entrant also consents to having his/her email address added to the Company’s marketing email list and consents to receiving promotional emails from the Company. Where an Entrant’s entry into the Contest is prohibited by law, such Entrant’s entry shall be null and void. Entrants shall not include persons residing in other territories, such as Puerto Rico, Guam, or the US Virgin Islands, or any other jurisdiction where the Contest is prohibited, or jurisdictions in which the Contest would be subject to a registration or bonding requirement. The Contest is subject to federal, state and local laws and regulations. Offer is void where prohibited by law.
Furthermore, the following individuals are ineligible to enter or win a prize: employees, directors, and officers of Company, Company subsidiaries and affiliates, and any advertising or promotional agencies involved in the administration of this Contest (collectively with the Company, the “Entities”); and the immediate family members and those living in the same household of such persons (whether related or not). Immediate family members include spouses, children, stepchildren, parents, stepparents, siblings, and stepsiblings.
Entrants may participate in the Contest by reviewing these Official Rules and confirming the Entrant is eligible to participate and by providing the requisite information in the post on the Website during the Entry Period. All valid entries will be placed in a database and one (1) winner will be selected by two judges, Robby Earle and Kyle Schonewill (the “Judges”). The Judges will determine the winner of the contest based on the quality of their superhero-inspired costumes with special attention to creativity, construction, design, and effort and selected based on those criteria (the “Winner”). Entrants may only win one (1) prize during the Entry Period.
Prize, Odds of Winning, and Approximate Retail Value
Prize: After confirmation of eligibility and compliance with these Official Rules, the Contest Winner will receive one (1) T-shirt from Epic Hero Shop with a total approximate retail of thirty-two dollars ($32) (the “Prize”) and one (1) year of FFW+with a total approximate retail of sixty dollars ($60).
General Prize Conditions: In no event, will more than one (1) Prize be awarded per Winner. The Winner shall be solely responsible for the payment of all applicable federal, state, provincial, and local taxes for any Prize won. Each Winner will be required to complete and submit an IRS Form W-9 or W-8BEN, as applicable, and Company will issue an IRS Form 1099-MISC for the Winner if the Winner is a United States resident (but excluding residents of any of the following states: Colorado, Maryland, Nebraska, North Dakota, Vermont, and Tennessee), or an IRS Form 1042 if the Winner is a Canadian resident. Failure to submit a completed Form W-9 or W-8BEN, when required by Company to receive the Prize, will result in forfeiture of the Prize. If, after a good-faith attempt, Company is unable to award or deliver the Prize, the Prize may not be re-awarded.
All other costs and expenses not expressly set forth herein are the Winner’s sole responsibility, including but not limited to any shipping and handling fees. Winner must take delivery of the Prize within seven (7) days from receiving notice of the availability of a Prize from Company via confirmation of the preferred Prize transmission method. Such Prize transmission method may be suggested by the potential Winner, but the ultimate prize transmission method will be selected by Company at its sole discretion.
How to Claim the Prize
The potential Winners will be notified via direct message at handle the Winner used to enter the Contest within seven (7) business days of being selected. Winner shall provide any materials necessary to prove Winner’s eligibility and compliance with these Official Rules or Winner will not be awarded the Prize. Winner and Company will coordinate how to deliver Prize to Winner. Before being declared the winner, he/she may be required to execute and return an Affidavit of Eligibility/Liability & Public Release, copy of the potential Winner’s driver’s license or government-issued identification, and/or tax acknowledgment form no later than five (5) calendar days from being contacted or Prize may be forfeited at Company’s sole discretion. Upon verification of eligibility and submission of any required documentation, Winner will coordinate with Company to arrange for delivery of the prize. Public announcement of the Winner’s Instagram handle may take place on Website.
Company will attempt to notify the potential Winners as set forth above, but Company is not responsible for any undelivered direct messages, including without limitation direct messages that are not received because of the Winner’s privacy or spam filter settings which may divert any e-mail, including a Winner notification e-mail or Prize e-mail to a spam or junk folder. If the potential Winner is found to be ineligible or not in compliance with these Official Rules or declines to accept the Prize, Company is unable to contact a potential Winner, or any Prize notification is returned undeliverable, the Prize will be forfeited. If the Company wishes to select an alternative potential Winner, Company may select the alternative potential Winner in a manner similar to those procedures already described in these Official Rules. The potential replacement Winner will be subject to the same requirements and obligations as set forth for potential Winners in these Official Rules. The right to receive a Prize is non-assignable, non-transferable, and no prize substitution or exchange will be allowed, except by Company, who reserves the right to substitute a prize of equal or greater value in case of unavailability of a Prize or force majeure, at Company’s sole and absolute discretion. Entities will not be held responsible for any delays in awarding the prize for any reason. The prize will only be awarded to a verified winner.
Limitation of Liability
By entering into this Contest, Entrants agree that the Entities, Company, Instagram, and their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, webmasters and their respective officers, directors, employees, representatives, designees and agents (“Released Parties”) are not responsible for lost, late, incomplete, stolen, misdirected, or undeliverable direct messages or e-mail notifications or postal mail; or any lost, stolen mail; for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; or garbled, corrupt or jumbled transmissions, availability or traffic congestion; or any technical, mechanical, printing, or typographical or other error; or unauthorized human intervention; or the incorrect or inaccurate capture of registration or eligibility-defining information; or the failure to capture, or loss of, any such information. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any Website users, tampering, hacking; or by any of the equipment or programming associated with or utilized in the Contest and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Website or any Contest-related website(s). The Released Parties are not responsible for any injury or damage, whether personal or property, to participants or to any person's computer related to or resulting from participating in the Contest and/or accepting or using the prize. By entering this Contest, Entrant waives all rights or legal claims against Instagram that may arise out of this Contest.
If for any reason, the Contest is not capable of running as planned, Company reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend the Contest and/or proceed with the Contest, including the selection of the winner in a manner it deems fair and reasonable including the selection of the winner from among eligible entries received before such cancellation, termination, modification or suspension.
By entering the Contest, each Entrant agrees: (i) to be bound by these Official Rules and by all applicable state and federal laws and by the decisions of Company, which will be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his or her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Contest; and (iv) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the Contest, including but not limited to any Contest-related activity or element thereof, and the Entrant’s entries, participation or inability to participate in the Contest, (b) violation of Entrant’s privacy, personal, publicity or proprietary rights, (c) typographical or printing errors in these Official Rules or any Contest materials, (d) acceptance, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a Prize or answer submission (or any component thereof), (e) any change in the prizing (or any components thereof) due to unavailability or due to reasons beyond Company’s control, including but not limited to by reason of any acts of God, any action, regulation, order, or request by any governmental or quasi-governmental entity (whether or not such action, regulation, order or request proves to be invalid), equipment failure, or any other cause beyond any of the Released Parties’ control, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation or modification of the Contest, (g) human error, (h) incorrect or inaccurate transcription, receipt or transmission of any part of any entry (including, without limitation, the registration information or any parts thereof), (i) any technical malfunctions or unavailability of the Website or any telephone network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider utilized by any of the Released Parties or by an Entrant, (j) interruption or inability to access the Contest, the Website or any other Contest-related websites or any online service via the Internet due to hardware or software compatibility problems, (k) any damage to Entrant’s (or any third person’s) equipment used to access the Contest and/or its contents related to or resulting from any part of the Contest, (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (m) any late, lost, stolen, mutilated, misdirected, delayed, garbled, corrupted, destroyed, incomplete, undeliverable, or damaged Contest entries, (n) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties, (o) lost, late, stolen, misdirected, damaged, or destroyed prizing or materials(or any element thereof), or (p) the negligence or willful misconduct by Entrant.
Without limiting the foregoing, everything regarding this Contest, including the Website and Prize, are provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement, except for any express manufacturer’s warranty as may be included with the prize. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusions of implied warranties, so some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.
Each Entrant agrees, to the maximum extent permitted by law, to indemnify, defend, and hold harmless the Released Parties from and against any and all tax liability that may be imposed or associated with his/her receipt or use of any Contest prize and any and all cost, loss, damage, penalty, or expenses (including, without limitation, reasonable attorneys’ fees) arising from third-party claims, lawsuits, judgments, causes of action, proceedings, or demands brought or asserted against Released Parties that may arise in connection with (a) the Entrant’s receipt, ownership, or use of any Contest prize, (b) the Entrant’s participation in any Contest-related or prize-related activity, (c) the Entrant’s violation or alleged violation of any third-party privacy, personal, publicity, intellectual property, or proprietary rights, (d) the Entrant’s negligence or willful misconduct, (e) any conduct of the Entrant associated with Entrant’s participation or attempted participation in the Contest.
THIS CONTEST IS GOVERNED BY AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO ITS CONFLICT OF LAWS RULES, AND THE FORUM AND VENUE FOR ANY DISPUTE WILL BE IN TRAVIS COUNTY, TEXAS. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTEST THAT IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”), AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE AAA RULES FOR THE SELECTION OF AN ARBITRATOR WILL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR WILL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN TEXAS. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN TRAVIS COUNTY, TEXAS IN THE ENGLISH LANGUAGE. THE REMEDY FOR ANY CLAIM WILL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT WILL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR ENTITIES AND/OR ANY OTHER PARTY WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS OR REPRESENTATIVE ACTION. ANY DEMAND FOR ARBITRATION OR ANY OTHER CLAIM OR ACTION ARISING OUT OF OR RELATING TO THE CONTEST MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED, OR THE CAUSE OF ACTION WILL BE FOREVER BARRED.
Further, Entrants hereby waive all rights to (i) claim punitive, exemplary, special, incidental, indirect, and consequential damages, and any other damages (whether due to negligence or otherwise), other than for actual out-of-pocket costs; and (ii) have damages multiplied or otherwise increased. Entrants agree that the rights and obligations of any Entrant and/or Contest Entities and/or Released Parties and/or any other party will be resolved individually, without resort to any form of class action.
Any attempted form of participation in this Contest other than as described herein is void. If it is discovered or suspected in Company’s sole and absolute discretion that an Entrant has registered or attempted to register more than once using multiple e-mail addresses, accounts, multiple identities, proxy servers, or like methods, all of that Entrant’s entries will be declared null and void, and that Entrant will be ineligible to win the Prize. Also, if it is discovered that any Entrant attempts to receive additional entries above the stated limitation, that Entrant may, at Company’s sole discretion, be disqualified from the Contest. Company reserves the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Contest, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of a Contest. Any use of robotic, automatic, macro, programmed, third-party, or like methods to participate in the Contest will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS Contest IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof will be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or the prize documents will not affect the validity or enforceability of any other provision. Company’s interpretation and application of these Official Rules are final and binding. Company’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision and such provision will remain in full force and effect. All entries and/or materials submitted become the property of Company and will not be returned. In the event of any conflict with any Contest details contained in these Official Rules and Contest details contained in any promotional materials (including but not limited to point of sale, television and print and internet advertising, promotional packaging, and other promotional media), the details of the Contest as outlined in these Official Rules will prevail.
Entrants hereby irrevocably permit, authorize, grant, and license Company and its affiliates, successors, and assigns, and their respective licensees, advertising agencies, promotion agencies, and fulfillment agencies, and the employees, officers, directors, and agents of each and all of them ("Authorized Persons"), the rights to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, rent, license, otherwise use, and permit others to use Entrant’s Instagram handle and the Entrant’s photograph entry (including the Entrant’s name, image, likeness, and otherwise as contained therein), and name and all materials created by or on behalf of Company that incorporates any of the foregoing ("Materials") in perpetuity, throughout the universe, in any medium or format whatsoever now existing or hereafter created on any platform and for any purpose.
Company shall be the exclusive owner of all rights, including copyright, in the Materials. Entrant hereby irrevocably transfers, assigns, and otherwise conveys to Company their entire right, title, and interest, if any, in and to the Materials and all copyrights and other intellectual property rights in the Materials arising in any jurisdiction throughout the universe in perpetuity, including all registration, renewal, and reversion rights, and the right to sue to enforce such copyrights against infringers. Entrant acknowledges and agrees that they have no right to review or approve Materials before they are used by Company and that Company has no liability to Entrant for any editing or alteration of the Materials or for any distortion or other effects resulting from Company's editing, alteration, or use of the Materials, or Company's presentation of Entrant. Any credit or other acknowledgment of Entrant, if any, shall be determined by Company in Company's sole discretion. Company has no obligation to create or use the Materials or to exercise any rights given by this Agreement.
To the fullest extent permitted by applicable law, Entrant hereby irrevocably waives all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy (including intrusion, false light, public disclosure of private facts, and misappropriation of name or likeness), violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world (collectively, "Claims"), arising directly or indirectly from the Authorized Persons' exercise of their rights under this Agreement or the production, exhibition, exploitation, advertising, promotion, or other use of the Materials, and whether resulting in whole or in part from the negligence of Company or any other person, and Entrant hereby covenants not to make or bring any such Claim against any Authorized Persons and forever release and discharge the Authorized Persons from liability under such Claims.
Entrant agrees that the property of Company is and shall always remain the property of the Company. Entrants shall not use the content produced under these rules to promote their own material on their own social media and network channels.
If Entrant is a resident of Tennessee, Entrant waives any rights of publicity as outlined by Title 46, Chapter 25, Part 11 – Protection of Personal Rights and claims that may reside therein for the purposes of these Official Rules and as an official Entrant in this Contest. Tennessee Entrant further waives any claims under the aforementioned statute for eternity and all-time for any usage and participation as a potential winner of the Contest.
Official Rules and Winner List
To obtain a copy of these Official Rules or the identity of the winners of the Contest, mail a self-addressed, stamped (although Vermont residents may omit return postage), business-sized envelope specifying “Official Rules” or “Winner Identification” to the Company address stated above. Requests pursuant to this heading must be received within twelve (12) months of the end of the Entry Period.