Tester T-Shirt Contest Rules

Tester T-Shirt Contest

(Official Rules)

Important:  Please read these Official Rules before entering this online promotion (the “Promotion”).

By participating in the Promotion, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements below.

NO PURCHASE, PAYMENT, OR FINANCIAL CONTRIBUTION OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PROMOTION.

  1. Eligibility.  PURCHASE, PAYMENT OR FINANCIAL CONTRIBUTION WILL NOT INCREASE ODDS OF WINNING.  PROMOTION VOID WHERE PROHIBITED.  PROMOTION OPEN ONLY TO INDIVIDUAL UNITED STATES CITIZENS AND LAWFUL PERMANENT U.S. RESIDENTS WHO ARE LEGAL RESIDENTS OF THE STATE OF MONTANA, AND OVER THE AGE OF 18 (OR THE AGE OF MAJORITY UNDER APPLICABLE LAW).  BUSINESSES, CORPORATIONS, REGISTERED FEDERAL LOBBYISTS, REGISTERED FOREIGN AGENTS, FEDERAL POLITICAL ACTION COMMITTEES, NATIONAL BANKS, FEDERAL CONTRACTORS, LABOR ORGANIZATIONS OR OTHER ENTITIES ARE NOT ELIGIBLE TO ENTER OR WIN A PRIZE, NOR MAY ANY INDIVIDUAL ENTER ON BEHALF OF ANY SUCH INDIVIDUALS OR ENTITIES.  IF YOU DO NOT MEET ANY OF THESE REQUIREMENTS, OR ANY OTHER ELIGIBILITY REQUIREMENTS IN THESE OFFICIAL RULES, YOU ARE NOT ELIGIBLE TO WIN A PRIZE, AND MONTANANS FOR TESTER (“SPONSOR”) RESERVES THE RIGHT NOT TO AWARD PRIZES TO YOU.  To be eligible to win the prize, entries must be completed and received by Sponsor in the format designated below.  Directors, officers and employees of Sponsor and any of their respective affiliated committees, subsidiaries, agents, professional advisors, consultants, advertising and promotional agencies, and immediate families of each are not eligible to win any prizes.  All applicable federal, state and local laws and regulations apply. Limit three (3) entries per person.

  2. Disclaimer. Sponsor, and its related committees, candidates, affiliates, directors, officers, consultants, professional advisors, employees and agencies (collectively, the “Released Parties”) will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; (c) any Promotion disruptions, injuries, losses or damages caused by events beyond the control of Sponsor or by non-authorized human intervention; or (d) any printing or typographical errors in any materials associated with the Promotion.

  3. Promotion Period.  The Promotion starts at 12:00 p.m. (all times Mountain Time) on April 19, 2018 and ends at 11:59 p.m. on May 6, 2018 (the “Promotion Period”). All entries must be received during the Promotion Period to be eligible to win a prize.

  4. Prizes.  Three (3) winners will receive the following prize: one free t-shirt with their winning design and all or part of each winner’s Design will be used and displayed on Sponsor’s website and/or in other Sponsor advertising, promotional or commercial material (to be determined in Sponsor’s sole discretion) associated with Sponsor’s political efforts (approximate retail value: $25).

  5. Odds; Taxes; Etc.  Odds of winning a prize depend on the number and quality of eligible entries received.  ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF WINNER.  All prizes will be awarded. The prize may be forfeited and awarded to an alternative winner if the winner affidavit and release materials (see Section 15 below) are not returned as required or if two (2) attempts to contact winner by phone and/or e-mail are not successful, or if any prize is otherwise not claimed. Prizes are not transferable.  No substitutions or exchanges (including for cash) of any prizes will be permitted, except that Sponsor reserves the right to substitute a prize of equal or greater value for any prize.  Limit one prize per household or address.  All prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).

  6. Identity of Entrant.  In the event of a dispute about the identity of the entrant, entries made online will be declared made by the authorized account holder of the e-mail address submitted at time of entry.  An authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.  The potential winner may be required to provide Sponsor with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry.

  7. How to Enter. To enter, take the following steps during the Promotion Period:
    • Create up to three creative, original designs supporting Montanans for Tester according to Sponsor’s instructions posted here jontester.com/tshirtcontestrules;
    • Visit jontester.com/tshirtcontest (the “Site”), complete the online entry form for the Promotion, and follow the directions to submit your completed entry and design online. Your design must be submitted in a .PDF or .JPG file format, should be at least 380px x 480px, but must not exceed 10 MB.  To submit the online registration form, you must agree to the terms of the Promotion Submission Agreement located at jontester.com/tshirtcontestrules (“Submission Agreement”), which will be presented for your acceptance during the Design submission process.

An entry into the Promotion consists of your completed entry form and your completed Design (together, the “Entry Materials”). (Please review the Submission Agreement carefully because it includes important terms regarding intellectual property rights in your Design submission.) Entry Materials and Submission Agreements received by facsimile or other means not expressly permitted in these Official Rules will not be considered.  All requested information and material must be provided for your entry to be valid. Entry Materials submitted to Sponsor in connection with the Promotion will not be returned to entrants. Failure to submit all required information in the manner required in these Official Rules and/or any entry form may result in disqualification.  Proof of online entry will not be deemed to be proof of receipt of entry by Sponsor. All entrants and entries are subject to verification by Sponsor.  By entering the Promotion, you consent to being placed on an e-mail mailing list to receive information from Sponsor and for other purposes in accordance with Sponsor’s Privacy Policy.

 

  1. Promotion Rules.  Beginning on or about  May 6, 2018 and ending on or about May 11, 2018 a panel of qualified Sponsor members or representatives to be chosen by Sponsor in its sole discretion (together, the “Judges”) will evaluate entries and select from eligible entries the top two (2) Designs (“Finalist Designs“) based on the Judging Criteria (defined below) as well as the three designs to move forward to the public voting round. Beginning on or about May 11, 2018 and ending May 21, 2018, public voters and a panel of qualified Judges will evaluate and score the Finalist Designs online at jontester.com/tshirtvoting based on the Judging Criteria.  Each public voter must follow the online directions to submit his/her vote. (Each voter may only score each Finalist Design once.) Entries will be judged on the following “Judging Criteria”:
    • The most apt, creative, original and interesting Design;
    • Adherence to the stated theme: Why you support the re-election of Senator Tester.
    • Appropriateness of tone: Conveying Montana values and Senator Tester’s personality
    • Quality of workmanship

Judges will determine, in their sole discretion, the Finalist Designs, and their score for winners in their sole discretion. On or about May 22, 2018, Sponsor will separately average (a) public voter scores and (b) Judge scores for each Finalist Design, and then combine the public voter and Judges averages to calculate the final score for each Finalist Design. In calculating the final score, averaged scores for each Finalist Design will be weighted as follows: The public voter average will count as forty-five percent (45%), and the qualified Judges’ average will count as fifty-five percent (55%), of the overall score.  The three (3) Entrants with the highest scores will be the winners. Winners will be notified by phone or e-mail by May 31, 2018. To claim the prize, each winner should follow the instructions and comply with the conditions contained in his/her notification.

  1. License to Entry Materials.  You hereby acknowledge that you have read, understand and agree to the terms and conditions of the Submission Agreement including, without limitation, the license you granted to Sponsor pursuant to Section 1 of the Submission Agreement.  You also agree to take, at Sponsor’s expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Sponsor to effect, perfect or confirm Sponsor’s license rights in the Entry Materials as set forth in Section 1 of the Submission Agreement.
  2. No Confidentiality.  Designs submitted to Sponsor will not be treated as confidential, and you will not include or disclose any trade secrets or other confidential information, including without limitation confidential information of any third party, in any Designs.

  3. Non-Infringing Entry Materials.  You hereby represent and warrant that: (a) you are eligible to enter the Promotion; (b) the Design is original to you and that you are the owner of all right, title and interest in and to the Design and have the right to grant the rights granted herein or, alternatively, you have obtained all necessary rights and permissions to use and submit the Design in connection with the Promotion and to provide all the rights specified in these Official Rules and the Submission Agreement; and (c) the Design and the use thereof as contemplated herein and in the Submission Agreement does not and will not violate or infringe any law or regulation or the rights of any third party, including, without limitation, any copyright, trademark, patent, or any rights of publicity or privacy, or any other intellectual property, personal, or proprietary rights.

  4. Federal Election Campaign Act Compliance.  You hereby represent and warrant that all equipment, materials and facilities used to produce the Design are owned by you and were not provided by a corporation, labor union, foreign national, federal contractor or any other entity.  Any disposable materials purchased specifically to produce the Design will be treated as in-kind contributions to the Sponsor. You also represent that the Design is a new original work, created for the first time for the Promotion.

  5. General Release.  By entering the Promotion, you release Sponsor and all Released Parties from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Promotion or delivery, misdelivery, acceptance, possession, use of or inability to use any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.

  6. Use of Winner Name, Likeness, etc.  Except where prohibited by law, entry into the Promotion constitutes permission to use each winner’s name, hometown, likeness and/or prize information, without limitation, for promotional and other purposes without further permission or compensation.  As a condition of being awarded any prize, except where prohibited by law, each winner may be required to execute a consent to the use of his or her name, hometown, likeness and/or prize information, without limitation, for promotional and other purposes without further permission or compensation.

  7. Affidavit & Release.  As a condition of being awarded any prize, each winner may be required to execute and deliver to Sponsor a signed affidavit of eligibility and acceptance of these Official Rules and release of liability, and any other legal, regulatory, or tax-related documents required by Sponsor in its sole discretion.

  8. Winner List; Rules Request.  For a copy of the winner list, send a stamped, self-addressed, business-size envelope after June 1, 2018 and before July 1, 2018 to Sponsor at the address listed below, Attn: Tester T-Shirt Contest Winner List. To obtain a copy of these Official Rules, visit jontester.com/tshirtcontestrules or send a stamped, self-addressed business-size envelope to Sponsor at the address listed below, Attn: Tester T-Shirt Contest Rules Request.

  9. Intellectual Property Notice.  The Promotion and all accompanying materials are copyright © 2018 by Montanans for Tester. All rights reserved.

  10. Miscellaneous.  The Promotion and these Official Rules will be governed, construed and interpreted under the laws of Montana without regard to its or any other jurisdiction’s choice of law provisions.  Entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects.  Any provision of these Official Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these Official Rules will remain in effect. Sponsor reserves the right to change these Official Rules at any time, in its sole discretion, and to suspend or cancel the Promotion or any entrant’s participation in the Promotion should viruses, bugs, unauthorized human intervention or other causes beyond Sponsor’s control affect the administration, security or proper play of the Promotion, or Sponsor otherwise becomes (as determined in its sole discretion) incapable of running the Promotion as planned.  Entrants who violate these Official Rules, violate any law, rule or regulation in connection with participation in the Promotion, tamper with the operation of the Promotion or engage in any conduct that is detrimental or unfair to Sponsor, the Promotion or any other entrant (in each case as determined in Sponsor’s sole discretion) are subject to disqualification from entry into the Promotion.  Sponsor reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Promotion.  If you have any questions about these Official Rules or the Promotion, please e-mail them to testercontest@gmail.com or send written questions to the address listed below, Attn: “Tester T-Shirt Contest” Questions.

  11. Sponsor: Montanans for Tester, P.O. Box 1135, Helena, MT 59624.