BANGTEL Bundle Giveaway
1. Eligibility: Entering the “Modern Midwest BANGTEL Bundle Giveaway” (the “Contest”) as outlined below in these Official Rules is open only to legal residents of the 50 United States (or the District of Columbia) who are at least 18 years of age at the time of entry (“Entrants”). Employees and non-employee workers of Modern Midwest, Fast Horse Inc., or Enormous Industries, and their respective parents, subsidiaries, affiliates, and agents, and any agencies or other companies involved in the development or execution of the Contest or production or distribution of Contest materials, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such person are not eligible.
The Contest is subject to all applicable federal, state and locals laws and regulations and is void where prohibited by law.
2. Sponsor/Administrator: Modern Midwest, LLC,240 9th Ave N, Minneapolis, Minnesota, 55401.
3. Agreement to Official Rules: Participation in the Contest constitutes Entrant’s full and unconditional agreement to these Official Rules and Sponsor’s/Administrator’s decisions, which are final and binding in all matters related to this Contest. Accepting any prize awarded as part of the Contest is contingent upon fulfilling all requirements set forth herein and constitutes any winner’s full and unconditional agreement to these Official Rules and Sponsor’s/Administrator’s decisions.
4. Timing: The Contest begins on October 13, 2015 at 8:00 p.m. Central Time (“CT”) and ends on October 21, 2015 at 11:59 p.m. CT (the “Entry Period”). The computer clock of Sponsor’s administrator is the official time-keeping device for the Contest.
5. How to Enter: Entrants may enter the Contest in one of three ways: (1) Entrants can visit Modern Midwest’s Instagram page https://instagram.com/modernmidwest/, “Like the post about the Modern Midwest BANGTEL Bundle Giveaway, and tag at least one friend in the comments section of the post. Entrants must complete all fields in the entry form or complete all steps on the Facebook or Instagram pages. Limit one entry per person during the Entry Period. By submitting an entry, each Entrant confirms that his or her entry complies with all submission requirements and these Official Rules. Sponsor/Administrator, in its sole discretion, will determine whether entries comply with these Official Rules and may disqualify any entry or submission for any reason whatsoever.
6. Entry Content Restrictions: Entries must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement. Entries must not disparage Sponsor/Administrator or any other person or party affiliated with the promotion and administration of this Contest. Entries must not contain material that Sponsor/Administrator deems to be inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous. Entries must not contain material that Sponsor deems to promote bigotry, racism, hatred or harm against any group or individual or to promote discrimination based on race, gender, religion, nationality, disability, sexual orientation or age. Entries must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Submission is created. Sponsor/Administrator will make all determinations related to whether entries comply with these Content Restriction requirements and reserves the right, in its sole discretion, to disqualify any entry or submission for any reason whatsoever.
7. Modern Midwest BANGTEL Bundle Giveaway Winners: On or about October 21, 2015, Modern Midwest will select one (1) winner at random from all eligible entries to receive a prize as described below. Eligibility to win a prize in the Contest requires only successful completion of one of the three entry methods by an Entrant and does not depend on making a purchase of an kind. Sponsor/Administrator reserves the right to make all decisions and determinations, in its sole discretion, regarding the eligibility of entries and the selection of prize winners. Entrants are eligible to win only one prize in the Contest.
BANGTEL Bundle: One (1) coffee from Dark Matter, one (1) illustration by Jacob Thomas Art, one (1) BANGTEL t-shirt, one (1) 4 pack of Nana Creme Ice Cream, one (1) Trash Baby painting by Vyto (Des) Grybauskas, one (1) CB2 Steve and Colada vase, one (1) pair of shark tooth earrings by Annie Bangs will be awarded at the end of the Contest, each to an individual winner. No substitution, exchange, transfer, or assignment, of prize by any winner. Sponsor/Administrator reserves the right to substitute prize for one of equal, lesser, or equivalent value. Winner is responsible for all taxes and fees associated with prize receipt and/or use.
10. BANGTEL Bundle Giveaway Winner Requirements: Each potential Winner of theBANGTEL Bundle Giveaway will be required to sign and return to Sponsor/Administrator, within 14 days of the date notice or attempted notice is sent, a Declaration of Compliance and Liability & Publicity Release (“Declaration”) (except where prohibited) in order to claim the prize. If any potential Winner cannot be contacted, or fails to sign and return the Declaration within the required time period, he or she may forfeit the prize at Sponsor/Administrator’s discretion. In the event that a potential Winner is disqualified for any reason, the prize may be awarded to a runner-up, if any, in Sponsor/Administrator’s sole discretion.
11. Publicity: Except where prohibited, by entry in the Contest constitutes Entrant’s consent for Sponsor/Administrator and its agencies, representatives and those working on its behalf to use Entrant’s name, likeness, city and state of residence, and Entrants Submission or prize information, for advertising, marketing or promotional purposes in any media, worldwide, without further consent or consideration.
12. General Conditions: If for any reason, the Contest is not capable of running as planned by reason of infection by virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of the Sponsor, may corrupt or affect the administration, operation, security, fairness, integrity or proper conduct of this Contest, Sponsor/Administrator reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest, and select the winners, from the entries received prior to the action taken or in other such manner as deemed fair and appropriate by Sponsor/Administrator. Sponsor/Administrator 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 Contest or to be acting in violation of these Official Rules, or in any disruptive manner. Any attempt by any person to undermine the legitimate operation of this Contest may be in violation of criminal and civil law, and, should such an attempt be made, the Sponsor/Administrator reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor/Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
13. Release and Limitations of Liability: Except where prohibited, by participating in the Contest, or by accepting a prize, Entrants or winners each agrees to release and hold harmless Modern Midwest, Fast Horse Inc., and Enormous Industries, and their respective related companies, parents, subsidiaries, affiliates, agents and agencies, promotional partners, prize partners, and their officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the Contest or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) errors in the administration of the Contest or the processing of entries; (e) late, lost, or undeliverable mail; or (f) 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. Entrant and Winner further each agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Program and in no event shall the Released Parties be liable for attorney’s fees. Entrant and winner each waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
14. Disputes: Entrant and Winner each agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Contest or the Award or its associated Winner selection and/or notification (the “Contest Administration”) shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of Minnesota or the appropriate Minnesota State Court located in Hennepin County, Minnesota; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (c) under no circumstances will Entrant or Winner be permitted to obtain awards for and Entrant and Winner hereby each waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Program and Program Administration, shall be governed by, and construed in accordance with, the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law rules (whether of the State of Minnesota or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Minnesota.