MISSOURI STAR QUILT CO. 500K YOUTUBE SUBSCRIBERS SWEEPSTAKES
OFFICIAL RULES AND REGULATIONS
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. ONLY RESIDENTS OF THE UNITED STATES AND THE DISTRICT OF COLUMBIA (EXCLUDING RESIDENTS OF NEW HAMPSHIRE, PUERTO RICO, AND U.S. TERRITORIES AND POSSESSIONS), WHO ARE AT LEAST 18 YEARS OF AGE OR AGE OF MAJORITY AND HAVE A VALID YOUTUBE ACCOUNT AND E-MAIL ACCOUNT AT THE TIME OF ENTRY ARE ELIGIBLE TO PARTICIPATE IN THIS SWEEPSTAKES. VOID WHERE PROHIBITED BY LAW.
PLEASE REVIEW THESE OFFICIAL RULES CAREFULLY. DO NOT REGISTER OR PARTICIPATE IN THIS SWEEPSTAKES IF YOU DO NOT MEET THE ELIGIBILITY REQUIREMENTS SET FORTH IN THESE OFFICIAL RULES. VOID WHERE PROHIBITED. PARTICIPATION IN THIS SWEEPSTAKES IS SUBJECT TO THE SWEEPSTAKES DETAILS AND TERMS AND CONDITIONS OF THESE OFFICIAL RULES.
- SWEEPSTAKES SPONSOR:
The “500K YouTube Subscribers Sweepstakes” (the “Sweepstakes”) is sponsored by Missouri Star Quilt Co. with its principal place of business located at 1005 S. Hughes, Hamilton, MO, 64644 (“Sponsor”).
The Sweepstakes is in no way sponsored by, endorsed by, administered by, or associated with any third party social media site, including Facebook, Inc. (“Facebook”), Instagram, Inc. (“Instagram”), or YouTube, Inc. (“YouTube”). You understand that you are providing information to Sponsor only, and not to, Facebook, Instagram, or YouTube. Any questions or communications should be directed to Sponsor and not to Facebook, Instagram, or YouTube. By participating in the Sweepstakes, you agree to a complete release of Facebook, Instagram, and You
Tube from any claims. The Sweepstakes is void where prohibited or restricted by law.
This Sweepstakes is open to legal residents of 50 United States and the District of Columbia, (excluding residents of New Hampshire, Puerto Rico and US territories and possessions), except where prohibited or restricted by law. Entries submitted in geographic areas in which the entry is not permissible will be disqualified. To be eligible, an entrant must be at least 18 years of age, or the age of majority in his or her primary state of residence (whichever is greater), at the time of entry and have a valid YouTube account and e-mail account prior to the commencement of the Sweepstakes Period. If entrant has not reached the age of majority in his/her primary state of residence at the time of entry into the Sweepstakes (19 years old if a resident of Alabama or Nebraska, 21 years old if a resident of Mississippi, and 18 years old in all other states), then entrant must obtain parental consent in order to be eligible to enter the Sweepstakes. Parental consent occurs when the parent or legal guardian of a minor entrant who has not reached the age of legal majority in their residing state, grants permission for the minor entrant to participate and agrees on behalf of himself/herself and the minor entrant to these Official Rules. It is strictly prohibited for anyone who does not meet the age requirement at the time of entry to be allowed to participate in the Sweepstakes, and no situation shall anyone under the age of thirteen (13) be permitted to enter the Sweepstakes at any time, under any circumstances. Entries are limited to individuals only; commercial enterprises or business entities are not eligible. Employees, officers and directors of Sponsor and its respective affiliates, subsidiaries, judging agents and promotion partners, and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to participate.
- SWEEPSTAKES PERIOD & DRAW DATE:
The Sweepstakes commences at 9:00 AM Central Time (“CT”) on August 16, 2018 and ends at 11:59 PM CT on September 5, 2018 (“Sweepstakes Period”). All entries must be received prior to the close of the Sweepstakes Period. Sponsor’s computer is the official time keeping device for this Sweepstakes. The Sweepstakes consists of one draw date, which will occur on or about September 6, 2018 (“Draw Date”).
- HOW TO ENTER:
No purchase is necessary to enter the Sweepstakes or claim the Prize, and a purchase will not increase your chances of winning. Within the Sweepstakes Period, entrants must complete and submit an online Sweepstakes entry form (the “Entry Form”) by submitting a Comment on the “500K Subscribers Sweepstakes” video posted to Sponsor’s YouTube Channel, which may be accessed here: https://www.youtube.com/missouriquiltco. As used herein, a “Comment” is defined as ”an original work of authorship by the entrant that involves a digital message, statement, or opinion submitted through YouTube’s official commenting process and procedures that describes, using fifty (50) words or less, the entrant’s favorite “Missouri Star Quilt Co.” quilt tutorial.
- ENTRY MATERIAL SUBMISSION GUIDELINES:
If Entry Forms do not contain all necessary information as described in such Entry Form and these Official Rules, entrant will be disqualified. Please be certain to follow all directions.
Sweepstakes entry is limited to one Entry Form submission per individual, per Sweepstakes Period. Multiple entrants are not permitted to share the same email address or YouTube account. Any attempt by any entrant to enter more than one time per Sweepstakes Period by using multiple/different email addresses, mobile phone numbers, accounts, identities, registrations, logins or any other methods, will void all of that entrant’s entries and that entrant will be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries, which will be disqualified.
In the event of a dispute as to any registration or entry, the authorized account holder of the email address, mobile phone number, or personal YouTube account provided in connection with the Entry Form, will be deemed to be the entrant. The “authorized account holder” of an email address is the natural person 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 address. The “authorized account holder” of a YouTube account is the natural person in whose name the YouTube account has been issued. Potential winners may be required to show proof of being an authorized account holder.
All Entry Forms must be in the English language. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents will void all Sweepstakes entries made by, or associated with, the applicable entrant. By submitting an Entry Form in connection with the Sweepstakes, you hereby agree that Sponsor may contact you via email or private message regarding your submission.
- WINNER DETERMINATION AND VERIFICATION:
On the Draw Date, Four (4) potential grand prize winner(s) (“Prize Winner”) will be randomly selected by Sponsor from all eligible entries received during the Sweepstakes Period listed above in Section 3. Potential Prize Winner will be notified by email or private message based on the contact information provided in his/her Entry Form by 10 AM CT on September 15, 2018.
An entrant is not a Prize Winner unless and until that entrant’s eligibility has been verified by Sponsor, and entrant has been notified that verification is complete. In the event that a potential Prize Winner is determined to be ineligible, his or her prize will be forfeited and Sponsor reserves the right to select an alternate Prize Winner by random drawing from among all remaining eligible entries.
The eligible Prize Winner may be required to complete, sign and return an affidavit of eligibility, compliance, liability release, publicity release (if not prohibited by law), and any other necessary documents, including required tax documents, (collectively, an “Affidavit“) if provided or attempted to be provided to Prize Winner, in order to claim his/her Prize (as defined below). If a potential Prize Winner cannot be contacted, fails to sign and return the Affidavit or provide any other requested information within the required time period, the potential Prize Winner forfeits the Prize.
Sponsor reserves the right to terminate or modify this Sweepstakes at any time for any reason. Sponsor also reserves the right to cancel, suspend or modify this Sweepstakes in the event an insufficient number of entries are received, an insufficient number of entries meet the minimum judging criteria, or as a result of any fraud, technical failures, human error or any other factors that impair the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes, or to be acting in violation of these Official Rules. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes 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 Official Rules shall not constitute a waiver of that provision.
The verified Prize Winner shall receive the following grand prize (the “Prize”): one (1) Oliso AutoLift Iron with an approximate retail value of $200. Odds of winning a Prize depend on the number of eligible entries received during the Sweepstakes Period. Prizes are non-transferable and may not be exchanged for any other consideration. No substitution will be made except as provided herein at the Sponsor’s sole discretion. Should the Prize become unavailable, Prize Winner shall be given the option of choosing one of the following: (1) a Prize of equal value; (2) the verifiable retail value of the Prize in cash or by a valid check; or (3) a voucher, certificate or other evidence of obligation stating that the Prize will be shipped to the Prize Winner within ten (10) days at no cost to the Prize Winner. In the event the Prize Winner selects option (3) and Sponsor is not able to ship the Prize within ten (10) days, Sponsor shall mail the Prize Winner a valid check or money order for the verifiable retail value of the Prize. Sponsor will not be responsible for any loss, liability or damage arising out of the acceptance or use of a Prize. The Prize Winner will be solely responsible for any and all local, state, and federal taxes incurred by his/her participation in the Sweepstakes and receipt and/or use of the Prize.
By entering this Sweepstakes, and except to the extent prohibited by law, you acknowledge and agree that, if you are selected as the Prize Winner, you grant (and agree to confirm such grant in writing promptly upon request) the Sponsor the right to publicize, broadcast, and otherwise use, in any media whether now known or hereafter discovered, your name, photograph, likeness, voice, image, statements, home city and state, biographical information, the fact that you participated in and won this Sweepstakes, and all related information at any time or times for advertising, trade, publicity, and promotional purposes worldwide and on the World Wide Web, without your review, notification, or approval, or additional compensation to you of any kind. Sponsor is not obligated to attribute submissions to any entrant.
- RELEASE, INDEMNIFICATION AND LIMITATION OF LIABILITY:
BY ENTERING THE SWEEPSTAKES, YOU AGREE TO DISCHARGE AND RELEASE SPONSOR, FACEBOOK, INSTAGRAM, YOUTUBE AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUBSIDIARIES AND AFFILIATES (THE “RELEASED PARTIES”), FROM AND AGAINST ANY CLAIMS, DEMANDS, COSTS, LIABILITIES, DAMAGES, LOSSES, CAUSES OF ACTION, OR INJURY RELATING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM YOUR PARTICIPATION IN THE SWEEPSTAKES OR RECEIPT OR USE OF ANY PRIZE, INCLUDING, BUT NOT LIMITED TO: (A) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE ENTRY PROCESS OR THE SWEEPSTAKES; (B) TECHNICAL OR HUMAN ERRORS WHICH MAY OCCUR IN THE ADMINISTRATION OF THE SWEEPSTAKES OR THE PROCESSING OF ENTRIES; (C) LATE OR UNDELIVERED MAIL OR EMAIL; (D) TECHNICAL ERRORS OF ANY KIND, INCLUDING BUT NOT LIMITED TO MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS IN CELLULAR NETWORKS, PHONE LINES, OR NETWORK HARDWARE OR SOFTWARE; (E) INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY ENTRANTS, PRINTING ERRORS, OR BY ANY EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SWEEPSTAKES; OR (F) INJURY OR DAMAGE TO PERSONS OR PROPERTY RELATED TO PARTICIPATION IN THE SWEEPSTAKES OR RECEIPT OR MISUSE OF ANY PRIZE. YOU WAIVE THE RIGHT TO CLAIM ANY ATTORNEYS FEES AND ANY DAMAGES WHATSOEVER AGAINST THE RELEASE PARTIES, INCLUDING, BUT NOT LIMITED TO, PUNITIVE, CONSEQUENTIAL, DIRECT, OR INDIRECT DAMAGES. IF FOR ANY REASON YOUR ENTRY IS CONFIRMED TO HAVE BEEN ERRONEOUSLY DELETED, LOST, OR OTHERWISE DESTROYED OR CORRUPTED, YOUR SOLE REMEDY IS ANOTHER ENTRY IN THE SWEEPSTAKES, IF IT IS POSSIBLE. NO MORE THAN THE STATED NUMBER OF PRIZES WILL BE AWARDED. IN THE EVENT THAT PRODUCTION, TECHNICAL, SEEDING, PROGRAMMING OR ANY OTHER REASONS CAUSE MORE THAN THE STATED NUMBER OF PRIZES AS SET FORTH IN THESE OFFICIAL RULES TO BE AVAILABLE AND/OR CLAIMED, SPONSOR RESERVES THE RIGHT TO AWARD ONLY THE STATED NUMBER OF PRIZES BY A RANDOM DRAWING AMONG ALL LEGITIMATE, UN-AWARDED, ELIGIBLE PRIZE CLAIMS.
BY ENTERING THE SWEEPSTAKES, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS SPONSOR, FACEBOOK, INSTAGRAM, AND YOUTUBE AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUBSIDIARIES AND AFFILIATES (THE “INDEMNIFIED PARTIES”), FROM AND AGAINST ANY CLAIMS, DEMANDS, COSTS, LIABILITIES, DAMAGES, LOSSES, CAUSES OF ACTION, OR INJURY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM (A) YOUR PARTICIPATION IN THE SWEEPSTAKES OR RECEIPT OR USE OF ANY PRIZE, AND (B) YOUR BREACH OF THESE OFFICIAL RULES OR YOUR REPRESENTATIONS AND WARRANTIES IN THESE OFFICIAL RULES.
- NO WARRANTIES:
SPONSOR DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION, FITNESS OR MERCHANTABILITY OF THE PRIZE. ALL MATERIALS AND INFORMATION PROVIDED BY SPONSOR AND EVERYTHING ON SPONSOR’S WEBSITE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. FURTHER, SPONSOR DOES NOT MAKE ANY REPRESENTATIONS THAT THE MATERIALS RELATING TO THE SWEEPSTAKES ARE APPROPRIATE OR AVAILABLE FOR USE AT ALL LOCATIONS AT ALL TIMES. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT ACCESSING THE SWEEPSTAKES WEBSITE AND ENTERING THE SWEEPSTAKES IS LEGAL AND NOT PROHIBITED BY THESE OFFICIAL RULES OR THE LAWS OF THE JURISDICTION IN WHICH YOU ARE A CITIZEN. Sponsor is not liable for any malfunctions or failures of any telephone network or lines, computer internet system, servers or providers, computer equipment, software, failure of any social media site or social media account (including YouTube account), technical problems or traffic congestion on the internet or at any website, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer related to or resulting from participation or uploading any Entry Materials relating to this Sweepstakes, or other technical difficulties or failures or other errors of any kind.
- NO RECOURSE TO JUDICIAL OR OTHER PROCEDURES/SEVERABILITY:
TO THE EXTENT PERMITTED BY LAW, THE RIGHTS TO LITIGATE, TO SEEK INJUNCTIVE RELIEF OR TO MAKE ANY OTHER RECOURSE TO JUDICIAL OR ANY OTHER PROCEDURE IN CASE OF DISPUTES OR CLAIMS RESULTING FROM OR IN CONNECTION WITH THIS SWEEPSTAKES ARE HEREBY EXCLUDED, AND ANY ENTRANT EXPRESSLY WAIVES ANY AND ALL SUCH RIGHTS. IN THE EVENT THAT A COURT OF COMPETENT JURISDICTION FINDS THE FOREGOING WAIVER UNENFORCEABLE, ENTRANTS HEREBY AGREE TO THE DISPUTE RESOLUTION PROCEDURES SET FORTH BELOW.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any entrant and Sponsor in connection with the Sweepstakes, or any claim or dispute that has arisen or may arise between or among entrant and Sponsor, shall be governed by, and construed in accordance with, the laws of the State of Missouri, without giving effect to any choice of law or conflict of law rules. The place of any arbitration shall be Kansas City, Missouri.
If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. Our waiver of any provision(s) of these Official Rules must be in writing, and a waiver in one instance or provision shall not be considered a waiver of any other instance or provision.
- DISPUTE RESOLUTION:
All claims and disputes of any nature, whether at law or equity, in any way related to or arising out of the Sweepstakes or these Official Rules will be resolved in accordance with the provisions set forth in this Dispute Resolution section. This Dispute Resolution section applies to all claims and disputes whenever arising, including those arising prior to an entrant’s acceptance of these Official Rules.
Written notices of claims or disputes (“Demand”) shall be sent to the Sponsor at the following address (the “Notice Address”): Missouri Star Quilt Co. with its principal place of business located at 1005 S. Hughes, Hamilton, MO, 64644. If the claim or dispute contained in the Demand is not resolved to entrant’s satisfaction within 10 business days after Sponsor’s receipt, the entrant shall file a Demand for Arbitration with the American Arbitration Association (“AAA”) (the “Arbitrator”). For any such filing of a demand for arbitration, entrant must affect proper service under the rules of the Arbitrator and notice to the Notice Address may not be sufficient. The Arbitrator shall apply the AAA Consumer-Related Disputes Supplementary Procedure effective September 15, 2005 (as may be amended) and as modified by the agreement to arbitrate in this Dispute Resolution section. Entrant agrees that the Arbitrator will have sole and exclusive jurisdiction over any dispute with Sponsor. The Federal Arbitration Act allows for the enforcement of arbitration agreements and governs the interpretation and enforcement of the agreement to arbitrate.
Entrant will not file a class action or collective action against Sponsor, and will not participate in a class action or collective action against either or both of them. Entrant agrees that he or she will not join his or her claims to those of any other person. Under no circumstances does Sponsor agree to class or collective procedures in arbitration or the joinder of claims in arbitration.
- REQUEST FOR NAME OF PRIZE WINNER(S) AND OFFICIAL RULES:
For the name of the Prize Winner, the total percentage of Prize Winners, and/or a copy of these Official Rules, send a self-addressed stamped envelope to: Missouri Star Quilt Co. with its principal place of business located at 1005 S. Hughes, Hamilton, MO, 64644. All requests for a copy of the Official Rules must be made by August 25, 2018 and all requests for the name/percentage of the Prize Winner(s) must be made by September 12, 2018. A “winner list” will also be posted here. If sending a request by mail, please note on the front left- hand corner of your outer envelope whether you are requesting “Official Rules” or the name of the “Prize Winner.”