These rules, along with the information regarding ongoing contests provided on the Rapchat Contest page(the “Contest Page”) (collectively “Contest Rules”) are the complete, official rules for any Rapchat contest.
The Contest is sponsored by Rapchat, Inc., located at 20 S. Front Street, Floor 3 Columbus, OH 43215 (“Rapchat” or “Sponsor”). Rapchat reserves the right to disqualify any Participant who is found to breach these Contest Rules.
CONTEST PERIOD: Beginning on the Contest Start Date (provided on the Contest Page), each Contest will be open to receive Submissions at 12:00:01 A.M. CT and close to Submissions on the Contest End Date (provided on the Contest Page) at 11:59:59 P.M. CT (the “Submission Period”). Submissions received after the Submission Period will not be considered valid submissions.
It is the Participant's responsibility to check the Contest Page regularly throughout the Contest to stay informed of any new or updated deadlines. Rapchat is not responsible for any Participant's failure to do so.
Note: Sponsor’s computer is the official timekeeping device for this Contest.
ELIGIBILITY: The Contest is open only to legal permanent residents of the United States and the District of Columbia who are at least 18 years or older or the age of majority in your state of residence, whichever is higher, at time of entry. The following individuals are not eligible to participate or to submit Submissions: (i) employees of Rapchat, and any of their affiliate companies or subsidiaries; (ii) family members (spouse, parents, siblings and children) of any individual referred to in clause (i), and (iii) persons living in the same household (whether or not related) with any person referred to in clause (i) or (ii) above. This Contest is subject to all federal, state, and local laws and regulations and is void outside the United States and where prohibited by law.
To be eligible for entry, the copyright for all Submissions and all music, lyrics or other content depicted in each Submission or otherwise provided to Sponsor (“Content”) must be owned by an eligible contestant or available for use in the public domain. Content must be original to entrant, and entrant must have the right or authority to enter and publish the work. Unauthorized or infringing Submissions will be disqualified.
- Cannot defame, misrepresent or contain disparaging remarks or images about Sponsor or its products or other people, products or companies;
- Cannot communicate any message inconsistent with the positive image and goodwill with which Sponsor wishes to associate. Without limitation, this means that your Submission cannot contain materials that are threatening, harassing, degrading, racist, sexist, discriminatory to any group or identity, hateful, intimidating, obscene, indecent, pornographic, violent, or otherwise objectionable, as determined by Sponsor in its sole discretion;
- Cannot violate any law; and
- Cannot contain materials embodying the names, likeness or other indicia identifying any other person, living or dead, unless you have express permission from that person (or, if such person is a minor, from his or her parent or legal guardian) to use his or her name, likeness or other indicia in connection with this Contest. You will provide Sponsor with proof of such permission upon Sponsor’s request.
Sponsor reserves the right, in its sole and absolute discretion, to refuse to accept any Submission for any reason.
Rapchat is the sole judge of eligibility and may determine that a Submission or Participant is ineligible to participate in the contest for a variety of reasons not described here but at the sole discretion of Rapchat.
Agreement to Official Rules: Entrant’s participation in the Contest constitutes Entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor, which are final and binding. By participating in the Contest and submitting a Submission, Participant expressly agrees to participate in supporting marketing and other promotions and endorsements for Rapchat and its partners. By submitting any Content, you expressly acknowledge that Rapchat may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit Content in any manner in its sole discretion, with no obligation (including financial compensation) to you whatsoever. You waive any right you may have to inspect or approve Rapchat’s use of Content. You hereby agree to indemnify and hold harmless and release Rapchat from any claims, damages or liability, including reasonable attorneys’ fees, arising or related from: (i) Rapchat’s use of Content or any reasonable expectation of privacy or confidentiality associated therewith; (ii) any claim that Rapchat’s use of Content violates any intellectual property rights of a third party; and (iii) your failure to comply with these Rules.
SUBMISSION REQUIREMENTS: Each eligible individual (“Participant”) may participate by entering the Contest as provided on the Contest Page. One entry per Participant.
Submissions must be received during the Submission period and adhere to the guidelines for Submissions specified on the Contest Page.
Submissions that do not meet the requirements set forth in these Official Rules and the Contest Page, in the sole discretion of Sponsor, will be void and ineligible for a prize.
INTELLECTUAL PROPERTY: By entering your Submission in the Contest or submitting additional photographs related to the Contest, you hereby grant Sponsor and its successors a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sub-licenseable (through multiple tiers) and transferable license (with a right to create derivative works) to use, copy, distribute, perform, publicly perform and display your Submission, in any and all media, in whatever form, for any legal purposes whatsoever now known or that hereinafter become known. Each Entrant irrevocably waives any and all so-called moral rights they may have in the Submission(s) submitted by him or her. By uploading a submission, Participant is expressly warranting that they own are licensed to enter the Submission and the Content in the Contest and that their Submission does not infringe the intellectual property rights of any third party.
PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”):
The prize and its approximate retail value for each ongoing Contest will be provided on the Contest Page. Prizes will vary depending upon the ongoing contest and are only awarded to Submissions that were submitted during the Submission Period for a particular contest. PRIZES ARE AWARDED AS IS AND WITHOUT CONDITION, WARRANTY, GUARANTEE OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).
Each prize is nontransferable and non-refundable and must be accepted as awarded. No cash or other substitution may be made except by Sponsor, who reserves the right to substitute a prize with another prize of equal or greater value for any reason as determined by Sponsor in its sole discretion. All other costs and expenses not specifically mentioned herein, Winner will be responsible for all applicable federal and local taxes on the receipt and use of the prize.
SELECTION OF POTENTIAL WINNERS: The Contests are a challenge of skill and the final results will be determined solely by popular votes.
All Submissions will first be reviewed by Rapchat employees or independent contractors and/or employees or representative of Sponsor (the “Jury”) to determine whether the Submissions satisfy all eligible criteria for entry into the photo contest. All eligible Submissions will then be uploaded to a location provided on the Contest Page where the general population will be able to vote on their favorite entry.
The entry that receives the most votes at the end of the Contest Period will be declared the winner. In the event of a tie, the Jury will select the winner among the tied Submissions based on which Submission the Jury deems, in its sole discretion, is the most creative.
No prize will be awarded, and the Contest deemed void, if fewer than 5 total Submissions are received. Prize awards are subject to verification of eligibility and compliance with these Contest Rules. All decisions of the Sponsor and the Jury will be final and binding on all matters relating to this Contest.
Winners will be notified by email and will be posted on the Contest Page.
Sponsor cannot accurately predict the number of Entrants who will participate in the Competition and odds of winning depend upon the number of Submissions received.
WINNERS' OBLIGATIONS (DELIVERY & DOCUMENTATION): If a prize is valued at $600 or more and the winner is subject to US tax obligations, the potential winner must also sign and return an IRS W-9 form, within the stated time in order to claim the prize.
Potential winners will be disqualified and the prize may be awarded to an alternate winner (the next-ranked qualified Participant on the leaderboard) if:
- the required documentation is not returned within 14 days after receipt of any request to provide documentation;
- prize notification letter/email or prize is returned as undeliverable; or
- potential winner is disqualified for any reason.
By accepting any Prize, each Participant receiving a Prize thereby agrees to use of his/her name, address, likeness and/or Prize information by Rapchat for promotional purposes in any medium without additional compensation.
DECLINING PRIZES: A Participant may decline to be a Winner by notifying Rapchat directly within one week following the Contest deadline, in which case the declining Participant forgoes any prize or other features associated with winning the Contest. Rapchat reserves the right to disqualify a Participant who declines at Rapchat’s sole discretion if Rapchat deems disqualification appropriate.
RECEIVING PRIZES: After verification of eligibility, each Prize winner will receive the prize through online transfer or check. Allow 30 days from final confirmation for Prize delivery. Any winners that receive prizes valued over $600 will receive IRS 1099 form in the amount of their prize at the appropriate time. Prize winners are responsible for any taxes, fees or other liability resulting from their receipt of a Prize regardless of the value of the prize.
WARRANTIES AND OBLIGATIONS
PARTICIPANT WARRANTIES AND OBLIGATIONS: By registering or submitting a Submission, you agree that you have full right and authority to submit the Submission and any other Content you submit in connection with the Contest. You are solely responsible for your Submission. All registration information is deemed collected in the United States.
Participation is subject to all federal, state and local laws and regulations. Void where prohibited or restricted by law. You are responsible for checking applicable laws and regulations in your jurisdiction before participating in the Contest to make sure that your participation is legal. You are responsible for all taxes and reporting related to any award that you may receive as part of the Contest.
Each Participant is solely responsible for all equipment, including but not necessarily limited to a camera, computer and internet connection necessary to access the Website and to develop and upload any Submission, as well as all costs incurred by or behalf of the Entrant in participating in the Contest.
By entering a Submission, you represent and warrant that you have the right and authority to make the Submission on your own behalf and that your Submission and any other Content you submit:
- is your own original work;
- does not contain confidential information;
- does not violate or infringe upon the intellectual property rights, copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity;
- does not and will not violate any applicable law, statute, ordinance, rule or regulation; and
- does not trigger any reporting or royalty obligation to any third party
A breach of any of these warranties will result in the corresponding Submission being invalid and may result in additional legal obligations.
LIMITATION OF LIABILITY: By participating in the Contest, each Participant agrees to release, indemnify and hold harmless Rapchat, their respective affiliates, subsidiaries, advertising and promotions agencies, as applicable, and each of their respective agents, representatives, officers, directors, shareholders, and employees from and against any injuries, losses, damages, claims, actions and any liability of any kind resulting from or arising out of your participation in or association with the Contest. Sponsor is not responsible for any miscommunications such as technical failures related to computer, telephone, cable, and unavailable network or server connections, related technical failures, or other failures related to hardware, software or virus, or incomplete, late or misdirected Submissions.
Sponsor reserves the right to cancel, modify or suspend the Contest should any computer virus, bug or other technical difficulty, force majeure event, pandemic, or other causes beyond the control of Sponsor corrupt the administration, security, prize availability or proper play of the Contest, and to determine winners from among Submission not affected by the corruption, if any, in its sole discretion.
Rapchat is not responsible for (a) late, lost, stolen, damaged, garbled, incomplete, incorrect or misdirected Submissions or other communications, (b) errors, omissions, interruptions, deletions, defects, or delays in operations or transmission of information, in each case whether arising by way of technical or other failures or malfunctions of computer hardware, software, communications devices, or transmission lines, or (c) data corruption, theft, destruction, unauthorized access to or alteration of Submission materials, loss or otherwise. Rapchat is not responsible for electronic communications or emails which are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in any email account to receive email messages. Sponsor disclaims any liability for damage to any computer system resulting from participation in, or accessing or downloading information in connection with, the Contest.
RESERVATION OF RIGHTS: Sponsor reserves the right to modify the Start Date, End Date, and the right to modify, add or remove additional Contest deadlines for any reason. Any changes will be communicated through the Contest Website.
SEVERABILITY: The invalidity or un-enforceability of any provision of these Contest Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Contest Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision was not contained herein.
PRIVACY: Participants agree that personal data submitted and any other information provided in connection with the Contest may be processed, shared, and otherwise used for the purposes and within the context of the Contest and any other purposes outlined in these Official Rules and the Privacy. In addition to the uses of personal information described in that Policy, Sponsor will use information you provide through entry into the Contest to administer the Contest and to provide you with promotional emails unless you opt of receiving emails from Rapchat. By entering the Contest, you are opting in to Rapchat’s marketing email list, which you can unsubscribe from at any time by following the instructions provided in any marketing email.
GOVERNING LAW AND VENUE: Participant agrees that: (a) any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually without resort to any form of class action, and exclusively by the appropriate courts located in Franklin County, and (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event, attorneys’ fees. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with this Contest, shall be governed by and construed in accordance with, the laws of the state of Ohio, without giving effect to any choice of law or conflict of law rules.