HOW WELL DO YOU KNOW YOUR ESSENCE® HISTORY?
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
VOID WHERE PROHIBITED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET, OR WHERE THE METHODS OF ENTRY SET FORTH BELOW WOULD BE DEEMED CONSIDERATION. ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS APPLY.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
These official rules (“Official Rules”) govern the “How Well Do You Know Your Essence® History?" trivia game being offered in the Essence Festival of Culture™ Mobile App under the “Trivia” tab (the “Trivia Game”), sponsored by Essence® Communications, Inc. (“Sponsor”).
ELIGIBILITY: Subject to these Official Rules, the Trivia Game is open to legal residents of the United States, including the District of Columbia, who are age at least 18 years old as of the date of entry (each an “Entrant”). Employees of the Sponsor and its respective subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members (spouses, parents, children, and siblings and their spouses) of, and/or those living in the same household of each, are not eligible to enter. By participating, Entrants agree to be bound by these Official Rules and the decisions of Sponsor, which are binding and final on matters relating to this Trivia Game. Trivia Game is subject to all applicable federal, state and local laws.
TRIVIA GAME PERIOD: The Trivia Game will be available for play will be available on the Essence Festival of Culture™ Mobile App application starting at 12:00:01 AM Eastern Time (“ET”) on May 14, 2021 and ending at 11:59:59 PM ET on July 4, 2021 (the “Trivia Game Period”). The Sponsor’s computer is the official timekeeping device for thie Trivia Game.
HOW TO ENTER: Open or download the Essence Festival of Culture™ Mobile App through the Apple or Google Play Store on your mobile device, and either (a) if you already have an account, log into your existing account, or (b) if you do not already have a account, sign up for a account with a verified phone number. Once you have logged into your account in the Essence Festival of Culture™ Mobile App, please follow the directions to play the Trivia Game. Entrants must correct answer a series of particular questions correctly (an "Entry"). If you are one of the players to answer the most questions correctly, as determined by Sponsor in its sole discretion, you will be entered into the drawing for the Trivia Game. Entries generated by script, macro or other automated means or by any means which subvert the Entry process are void. All Eentries become the property of Sponsor.
DRAWING: One (1) potential winner will be selected in a random drawing following the end of the Trivia Game Period from all eligible Entries received. Odds of winning depend on the number of eligible Entries received for the Trivia Game. Sponsor’s decision with respect to winner determination is final and binding.
Winner Notification and Information: The potential winner will be notified by phone and/or e-mail with instructions on how to claim the prize and must respond to the initial notification within the time period stated in that notification. If the potential winner does not respond to the initial notification within the time period stated, the prize or prize notification is returned as undelivered, or if potential winner is found to be ineligible or not in compliance with these Official Rules, the potential winner may be disqualified. In the event that the potential winner is disqualified for any reason, Sponsor may award the prize to an alternate potential winner by random drawing from among all remaining eligible entries received.
PUBLICITY GRANT: By submitting a Contest Entry, the Entrant, except where legally prohibited, and grants to the Sponsor an irrevocable license to use his/her name, user name, address (city and state), photograph, voice and/or other likeness and prize information, for advertising, trade and promotional purposes, in any manner, in any and all media now known or hereafter discovered, worldwide in perpetuity, without further compensation or notification to, or permission from, the winner.
PRIZES/APPROXIMATE RETAIL VALUE (“ARV”): An Essence® swag bag. ARV: $ .00 (the “Prize). Prize is awarded “as is” with no warranty or guarantee, either express or implied. Winner may not substitute, assign or transfer prize or redeem prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute prize (or portion thereof) with one of comparable or greater value. All prize details are at Sponsor’s sole discretion. By accepting the Prize, each potential winner further agrees to release the Sponsor from any and all liability, loss or damage of any kind arising out of or in connection with your participation in this Trivia Game or with respect to the awarding, receipt, possession, use and/or misuse of any prize.
TAXES: You, not Sponsor, are responsible for filing and paying applicable state and federal taxes on any Prize. Sponsor does not provide tax advice, nor should any statements in these Official Rules or in the Trivia Game be construed as tax advice.
Winners may be required to provide updated address and social security (or other tax identification number) details to Sponsor. These details will be used to allow Sponsor to comply with tax regulations and may be shared with appropriate tax authorities. You must provide accurate and complete information. If you provide any information that is inaccurate, not current or incomplete, or Sponsor has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Sponsor may deny you access to the Trivia Game, disqualify you from the Trivia Game, revoke your Prizes, and/or terminate your Essence Festival of Culture™ Mobile App account in its sole discretion.
GENERAL: Participating Entrants agree to these Official Rules and the decisions of the Sponsor, and release and hold Sponsor, its respective parents, subsidiaries and affiliated entities, directors, officers, employees, attorneys, agents, and representatives (the "Released Parties") harmless from all claims and liability relating to their participation in the Trivia Game, and the acceptance and use/misuse of the prize offered. Entrants waive all rights to claim punitive, incidental and consequential damages. The Sponsor are not responsible for any typographical or other error in the printing of the offer, administration of the Trivia Grame or in the announcement of any Prize.
No confidential relationship is established by any Entrant and the Sponsors as a result of participating in the Trivia. None of the information or materials submitted by the Entrant will be treated as trade secrets, confidential information or as protected data.
Although subsequent attempts to submit an Entry may be received, only the first complete Entry received from a particular Entrant will be eligible; subsequent attempts by the same person to enter, including entries submitted with an alternate email address, account, or identity will be disqualified. In the event of a dispute over the identity of an entrant, submission will be deemed submitted by the "Authorized Account Holder" of the email address submitted by the Entrant or the account from which the Entry is submitted. Authorized Account Holder means the natural person to whom the email address or account is registered. Any Entrant or potential winner may be required to show proof of being the authorized account holder to the Sponsor’s satisfaction.
The Released Parties, are not responsible for: (i) lost, late, misdirected, damaged or illegible Entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of submission materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive submission information by the Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant's or any other person's computer related to or resulting from participating in the Trivia Game.
By participating in the Trivia Game, each entrant (i) agrees to be bound by these Official Rules, including all eligibility requirements, and (ii) agrees to be bound by the decisions of the Sponsor which are final and binding in all matters relating to the Trivia Game. Failure to comply with these Official Rules may result in disqualification from the Trivia Game. Sponsor reserves the right to: (i) permanently disqualify from any Trivia Game it sponsors any person it believes has intentionally violated these Official Rules; and (ii) withdraw any method of entry if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Trivia Game). If, for any reason, the Trivia Game is not capable of being conducted as planned, including but not limited to infection by computer viruses, bugs, tampering, unauthorized intervention, suspected fraud or tampering, technical failures or other causes whether or not beyond the control of Sponsor, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Trivia Game and/or the nature of the Prizes. Sponsor also reserves the right in its sole discretion to disqualify any individual found to be violating these Official Rules or suspected of attempting to disrupt or defraud the entry process or the operation of the Trivia Game. Sponsor reserves the right to disqualify any Entrant at any time during the Entry.
In the event any Entrant engages or has engaged in behavior that (as determined by Sponsor in Sponsor's sole discretion) is obnoxious or threatening, illegal or that tends to annoy, abuse, threaten, disparage or harass any other person or company including the Sponsor or is otherwise inappropriate, the Sponsor reserves the right to disqualify the Entrant or winner and void any Entries of said person.
GOVERNING LAW AND LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor connection with the Trivia Game will be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
BY ENTERING THE TRIVIA GAME, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE TRIVIA GAME, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) 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; (C) 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 (D) 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.
DISPUTES: The parties hereto each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in Kings County, New York and any other court with jurisdiction over the parties.The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Trivia Game shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Kings County, New York. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Kings County, New York.
WINNER CONFIRMATION REQUEST: For the name of the winner (available after the specified end date), send an email to: email@example.com, with the subject line “Trivia Game Winner”, for receipt no later than thirty (30) days thereafter.
SPONSOR: Essence® Communications, Inc., 34-35th Street, suite 5A Brooklyn, New York 11232.