SuperShe of the Month Contest
Apple is not a sponsor of the Contest, nor is Apple involved in the Contest in any manner.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
BY ENTERING OR OTHERWISE PARTICIPATING IN THIS CONTEST, YOU AGREE TO THE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY. WITHOUT LIMITATION, THIS CONTRACT INCLUDES GRANTS OF RIGHTS AND INDEMNITIES TO THE SPONSOR FROM YOU, MANDATORY ARBITRATION OF DISPUTES AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
Please note: Your participation in the SuperShe of the Month Contest (the “Contest”) means that you have read and agree to the Official Rules for the Contest set forth below (“Rules.”). Please read the Rules carefully. If you do not agree with them, or if you do not meet their eligibility criteria, you are not eligible for the Contest.
- Contest Overview: In the Contest, a panel of judges chosen by the Sponsor will select a “SuperShe of the Month” for each month from November 1, 2020 through June 1, 2021. At the end of this period, the 8 SuperShes of the Month will receive a trip to the SuperShe Island. The Contest consists of your participation in the SuperShe app community; the SuperShe of the Month will be the SuperShe app community member who has the most engagement with the community, as evaluated by the panel of judges and as described in greater detail below. The SuperShe of the Month also must have successfully gotten a minimum of 20 other users to sign up for the app and create an account using said SuperShe of the Month’s unique profile code, all within the span of one Contest month.
- Contest Sponsor: The Contest is sponsored by SuperShe, Inc. (the “Sponsor”). SuperShe’s headquarters are located at 14725 N. 20th St., Unit D37, Bellevue, Washington 98007. Apple is not a sponsor of the Contest, nor is Apple involved in the Contest in any manner.
- Eligibility for Entry: Entrants must (a) be at least eighteen (18) years old at the time of entry, (b) during the Monthly Contest Period, have uploaded vids, stories, and posts, or commented or clapped on vids, stories, and posts, and (c) not be employees of SuperShe, its subsidiaries, affiliates, related companies, and any advertising/promotions agencies involved in the administration of this Contest, and/or the immediate families and/or household members of each of the above.The Contest is subject to all applicable federal, state, provincial, territorial, municipal, and local laws, rules, ordinances, statutes, and regulations (together, “Laws.”). Eligibility is conditioned on the acceptance of these Official Rules at the time of submission. The Contest is void where prohibited by Laws. If a potential SuperShe of the Month is located in an ineligible jurisdiction, another SuperShe of the Month may be chosen. Sponsor reserves the right to conduct background checks on a potential SuperShe of the Month as a condition to receipt of a Prize. Potential SuperShes of the Month may first be required to submit to such background check and cooperate with Sponsor in any way that Sponsor requests in order to be eligible to receive a Prize. Sponsor reserves the right, in its sole discretion, to disqualify any potential SuperShe of the Month based on such background check if Sponsor determines, in its sole discretion, that awarding the Prize to such potential SuperShe of the Month might reflect negatively on Sponsor.
- Currency: All dollar amounts listed in these Rules are in U.S. dollars
- Agreement to Abide By Decisions: By participating in the Contest, you agree that the decisions of the Sponsor will be final and binding in all matters related to the Contest, including the selection of SuperShes of the Month.
- Contest Period: The Contest begins on Monday, November 1, 2020 at 12:01 a.m. Pacific Time and ends on Monday, June 1, 2021 at 11:59:59 p.m. Pacific Time (“Annual Contest”), and consists of 8 “Monthly Entry Periods” that begin on the first of the month and end on the last of each month within the Contest Entry Period (each a “Monthly Entry Period”).
- Contain images, text, spoken word, video content, audio or other content, information or materials (together, “Content”) that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
- Contain brand names or trademarks, except for the Entrant’s brand name or trademarks or Sponsor’s Marks (as defined below) in accordance with the limited license granted in these Rules;
- Contain Content not created by Entrant;
- Contain Content that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
- Contain Content that is sexually explicit or otherwise exceeds a PG-13 rating;
- Contain Content that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, age, or other status protected by Laws; and
- Contain Content that violates or is contrary to the Laws in any location where the Submission is created.
- People Appearing in Content You Upload to the SuperShe App: You agree that if anyone but you appears in content you upload to the SuperShe app during the Contest, or if anyone’s name or other personal characteristics are shown, you must have his, her or their permission (or parent’s/legal guardian’s if individuals are minors in their place of residence) to use the image, likeness or other characteristics in your content, including permission to grant the licenses in the next Section to the Sponsor. Getting this permission is your sole responsibility.
- License to Sponsor.
- By uploading Content to the SuperShe app, you give the Sponsor a worldwide, royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such content in whole or in part, and to incorporate it into other works, in any form, media or technology now known or later developed, including for Sponsor’s promotional or marketing purposes. If requested by the Sponsor, you agree to sign any documentation that may be reasonably required for the Sponsor or its designees to make use of the non-exclusive rights you are granting in your content.
- You also agree to waive any moral rights, including any right of attribution, in your Content in relation to the Sponsor’s use of it under the above license.
- Additional Terms: SuperShe members are not permitted to share the same SuperShe account. Any attempt by any Entrant to circumvent this rule by using multiple/different accounts, identities, registrations and logins will result in the Entrant’s disqualification. The Sponsor is not responsible for failed attempts to upload vids, stories, and posts, or comment or clap on vids, stories, and posts. In the event of a dispute as to any Submission, the SuperShe Member account associated with the Submission will be deemed to be the Entrant. Members selected to be SuperShes of the Month may be required to show proof of SuperShe account ownership.
- Selection of SuperShes of the Month: During each Monthly Contest Period, a panel of judges selected by the Sponsor in its sole discretion will select the best Submissions based on the following criteria (“Judging Criteria”):
- Value to Community of Shes Around the World (50%);
- Volume and Quality of Content Uploaded to the App (25%);
- Volume and Quality of Engagement with Content Uploaded by Others to the App (25%)
SuperShes of the Month will be determined within 10 days after each Monthly Contest Period. No SuperShe app member can be SuperShe of the Month more than once during the Contest Period. The month’s winner will be announced the first day of the following month. We must be able to contact each potential SuperShe of the Month and obtain confirmation of eligibility and a Declaration of Compliance and Release (see details below) from the potential SuperShe of the Month. If we cannot do so, we will name an alternate SuperShe of the Month as described below. Within 20 days from the end of the Contest Period, we will attempt to contact the 8 confirmed SuperShes of the Month to coordinate award of the Prizes.
- Ties: In the event of a tie or ties, the Sponsor, in its sole discretion, will break the tie based on the Entrant that received the highest score in the Value to Community of Shes Around the World category. The Sponsor reserves the right to select fewer than the stated number of SuperShes of the Month if, in its sole discretion, there are an insufficient number of eligible and qualified Entrants.
- Inability to Contact: If we are not able to contact a potential SuperShe of the Month, or if the potential SuperShe of the Month does not respond to our notification with a Signed Declaration within three days as described in Section 12.c below, the potential SuperShe of the Month will be disqualified, and we will select alternate SuperShes of the Month in accordance with the Judging Criteria.
- Additional Requirements to Claim a Prize: If a potential SuperShe of the Month is located in an ineligible jurisdiction, another SuperShe of the Month may be chosen. Each potential SuperShe of the Month will be required to sign and return a Declaration of Compliance and Release, which must be received by the Sponsor within three days after we attempt to contact that potential SuperShe of the Month. If the Declaration is not received within three days, the potential SuperShe of the Month will be ineligible to claim the trip to SuperShe Island. The Declaration will require each potential SuperShe of the Month to verify her eligibility to participate in the Contest and to affirm that she has complied at all times with all Contest Rules. In consideration of SuperShe, Inc. awarding the prize to a potential SuperShe of the Month, that potential SuperShe of the Month must agree to release, indemnify, and hold harmless SuperShe, Inc. and its agents from any and all claims arising as a result of her participating in the Contest.
- Prizes: EIGHT (8) PRIZES FOR SUPERSHE OF THE MONTH: We will award eight (8) SuperShe of the Month Prizes, which include:
- A trip for each SuperShe of the Month to SuperShe Island, which includes:
- Roundtrip coach-class air transportation for one (1) from an airport near the SuperShe of the Month’s home to an airport near SuperShe Island;
- Roundtrip ground and/or boat transportation from the airport to SuperShe Island;
- Two (2) nights’ accommodations at SuperShe Island;
- 3 meals per day
- (Approximate Retail Value (“ARV”) for each Prize: $2,500; total ARV all Prizes $30,000).
- A trip for each SuperShe of the Month to SuperShe Island, which includes:
Airline, airfare, airports, SuperShe Island stay dates and dates of travel will be selected in the Sponsor’s sole discretion. Once all SuperShes of the Month have been contacted and have provided the required Declaration, the Sponsor will book the air (or ground) transportation reservations on behalf of the 8 SuperShes of the Month. Please note: SuperShe will not be responsible for any cancellations, delays, diversions, or substitution or any act or omissions by the air carriers, hotels, or other transportation companies or any other persons providing any of these services and accommodations. SuperShe will not be liable for any loss or damage to baggage. If a SuperShe of the Month becomes disabled or cannot otherwise fully enjoy the prize due to illness, SuperShe will have the option at its sole discretion to exclude the SuperShe of the Month from any prize award, and no other compensation in lieu of the prize will be awarded. Each SuperShe of the Month is responsible for obtaining her own medical and life insurance and the associated costs.
Additional Terms for Prizes:
- If a potential SuperShe of the Month cannot be contacted as described above, or fails to execute and return the Declaration within the required time period or to provide any other requested information, the potential SuperShe of the Month forfeits the Prize.
- In the event that a potential SuperShe of the Month is disqualified for any reason, or any Prize is forfeited for any reason, an alternate SuperShe of the Month may be determined by the judges in accordance with the Judging Criteria.
- Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates.
- No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to all terms, conditions, policies and procedures applicable to passengers set forth by the applicable carrier.
- Actual value of the trip portions of the SuperShe Island weekend may vary based on airfare fluctuations and distance between departure and destination. SuperShes of the Month will not receive difference between actual and approximate retail value.
- All expenses and incidental travel costs not expressly stated in the Prize description above, including but not limited to ground transportation to and from the SuperShe of the Month’s home airport, incidentals, gratuities, passenger tariffs or duties, airline fees, baggage fees, surcharges, airport fees, service charges or facility charges, security fees, taxes or other expenses are the sole responsibility of the SuperShe of the Month.
- Each SuperShe of the Month is solely responsible for obtaining valid passports and any other documents necessary for international travel.
- An IRS Form 1099 may be issued in the name of each SuperShe of the Month for the actual value of the Prize(s) received.
- SuperShes of the Month are responsible for all taxes and fees associated with Prize receipt and/or use.
- Prizes are non-transferable and no substitution will be made unless the Sponsor, in its sole discretion, determines otherwise.
- Publicity Release. Subject to applicable law, each SuperShe of the Month irrevocably grants the Sponsor and each of its licensees, and its and their successors, assigns and sub-licensees the right and permission to use their name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Contest, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration except for the awarding of the Prize to each SuperShe of the Month. Entrants agree not to issue any publicity concerning the Sponsor or the Contest.
15. Release and Indemnity: Please read this Section carefully. It affects your legal rights.
- Release: By participating in this Contest and the acceptance or use of any Prize, the applicable Entrant agrees to release and hold harmless SuperShe and its suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s owners, shareholders, officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action arising out of, relating to, associated with or incidental to the Contest (“Claims”), whether known or unknown to Entrant, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any Prize. Entrant further agrees to permanently and forever waive any and all such Claims to which it may be entitled, including those of which it may not be aware as of the date of this waiver.
For residents of California: Residents of California, United States of America, explicitly agree to waive the protections to which they may be entitled under California Civil Code Section 1542, which reads:
A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
- Indemnity: Each Entrant agrees to indemnify, defend and hold the Released Parties harmless from and against any and all Claims arising out of or relating to the Entrant’s failure to comply with these Rules and the Entrant’s acts or failures to act.
16. Limitation of Liability:
Entrant acknowledges and agrees that the Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Entrant, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail or email; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Contest or receipt or use or misuse of any prize. The Released Parties are not responsible for misdirected or undeliverable entries or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. The Released Parties are not responsible for any typographical/other error in Entries, selection announcement or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with this Contest. If for any reason an Entrant’s Contest entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another Entry in the applicable portion of the Contest, if it is possible. No more than the stated number of Prizes will be awarded. BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (2) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (3) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
17. Suspension / Modification / Termination.
In the event Sponsor is prevented from continuing with the Contest by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Contest by any party, or any federal state or local government law, order, or regulation, 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 or Prize. Sponsor additionally reserves the right, in its sole and absolute discretion: (1) to modify, suspend or terminate the Contest should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of that Contest; or (2) to disqualify any entrant found to be, or suspected of: (a) tampering with the entry process or the operation of the Contest; (b) acting in violation of the Rules; or (c) acting in an un-sportsmanlike manner.
18. General Conditions:
The invalidity or unenforceability of any provision of the Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of the Rules will not constitute a waiver of that provision. Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Rules or in an unsportsmanlike or disruptive manner, as determined by Sponsor in its sole discretion. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Rules shall not constitute a waiver of that provision.
Dispute Resolution and No Class Relief. Except with respect to the protection and enforcement of the intellectual property rights of the Sponsor and its rights to seek and/or obtain injunctive or equitable relief, any claim, cause of action or proceeding arising out of or relating to the Rules or the Contest shall be resolved by mandatory, binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) as supplemented by AAA’s Supplementary Procedures for Consumer-Related Disputes. The arbitration shall be conducted in Seattle, Washington, and the Federal Arbitration Act, and not any state law concerning arbitration, shall apply. The arbitration award shall be final and exclusive, and the prevailing party in the arbitration may file an action in court to confirm and to enforce the arbitration award. Any such action, or any claim, cause of action or proceeding not subject to arbitration as set forth in this Section, shall be filed and adjudicated in a state or federal court in Seattle, Washington, and all parties agree to submit to the personal jurisdiction of those courts. Entrants irrevocably waive any rights to seek and/or obtain injunctive or other equitable relief and any defense of forum non conveniens. Should either party pursue any other judicial or administrative action with respect to any matter included within the scope of this binding arbitration provision, the responding party will be entitled to recover its costs, expenses and attorneys’ fees incurred as a result of such action. Further, any and all disputes, claims and causes of action arising out of or connected with the Contest, or any Prize awarded, will be resolved individually, without resort to any form of class action.