MAKE YOUR MARK CONTEST
Please read these Official Rules before entering this online promotion (the “Contest”). By participating in the Contest, 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 CONTEST.
1. Eligibility. PURCHASE, PAYMENT OR FINANCIAL CONTRIBUTION WILL NOT
INCREASE ODDS OF WINNING. CONTEST VOID WHERE PROHIBITED. 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 entities, 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.
2. Disclaimer. Sponsor, and its related affiliates, directors, officers, consultants, professional
advisors, employees and agents (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 Contest 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 Contest.
3. Contest Period. The Contest starts at 12:00 am Eastern Time on October 14, 2022 and ends at 11:59 pm Eastern Time on October 31, 2022 (the “Contest Period”). All entries must be received during the Contest Period to be eligible to win a prize.
4. Prizes. One winner will receive the following prize package (the “Prize”): their Artwork will be featured in an upcoming issue of frieze magazine.
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 (a) the winner affidavit and release materials (see Sections 11 and 12 below) are not returned as required from the potential winner, (b) if two (2) attempts to contact the potential winner by phone and/or e-mail are not successful, or if (c) 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. Participants must submit their entry at https://www.planyourvote.org/ (the
“Webpage”) in accordance with the guidelines provided on the Webpage. The artwork submitted by theParticipant (the “Artwork”) must: (1) encourage voting in the upcoming midterm election in a non-partisan manner; (2) not include the names of any candidates for public office, political parties, or ballot initiatives; (3) be in a square format, in the following size and resolution: 8.5in x 8.5in, 300DPI, RGB color; (4) incorporate one of the PLAN YOUR VOTE logos from the toolkit provided at the Webpage; (5) be saved as a flat JPG file; and (6) include a readable credit featuring Participant’s name; a non-partisan message on voting that does not include the names. Taking civic actions, such as verifying your voter registration
status, registering to vote, or encouraging others to register to vote, is NOT required for entry. Having a valid voter registration status or being eligible to register to vote is NOT required for entry.
8. For All Entry Methods: Failure to submit all required information in the manner required in
9. Contest Rules. The winner will be selected by a panel of judges by November 8, 2022. Sponsor may, at its option, conduct a background check on any potential winner. Sponsor reserves the right to disqualify any potential winner from receiving any prize based on such background check if Sponsor determines, in its sole discretion, that awarding any prize to such potential winner could result in a safety or security risk to any person or persons or could result in the disruption of any event associated with the Contest. The winner will be notified by phone or e-mail by November 8, 2022. To claim the prize, the winner should follow the instructions and comply with the conditions contained in their notification.
10. General Release. By entering the Contest, 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 Contest, Artwork, 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.
11. Use of Artwork, Winner Name, Likeness, etc. By entering the Contest, Participant grants to
Vote.org and anyone authorized by Vote.org permission to use, distribute, edit, and modify the Artwork and any comments, statements, stories and/or other media that Participant has submitted to Vote.org (collectively, “Submissions”), in whole or in part, together with Participant’s name, likeness, voice, story, comments and persona, in any manner or media and for any purpose whatsoever at the sole discretion of Vote.org. Participant represents and warrant that Participant has all rights necessary to grant such permission as set forth herein and that no infringement or violation of any third-party rights will result from use of the Submissions. Participant grants Vote.org a perpetual, irrevocable, worldwide, sublicensable,
royalty-free license to publish, reproduce, distribute, publicly perform, publicly display, edit, modify, create derivative works of and otherwise use the Submissions in any manner or media and for any purpose whatsoever at the sole discretion of Vote.org, including in any marketing materials. Participant further understands that Vote.org shall have no obligation to make any use of the Submissions and that all rights granted herein are fully sub-licensable and assignable. Participant gives Participant’s permission to use Participant’s name, likeness, voice, and biographical information in connection with the Submissions, and hereby releases and discharges each of Vote.org, its officers, directors, agents, employees and assigns, and anyone acting under Vote.org’s authorization, from any claims that such use as authorized herein violates any of Participant’s rights, including without limitation any rights of publicity or privacy. Participant understands that Participant will not be entitled to any additional compensation for the permission and release granted herein or for any use of the Submissions. Participant agrees to defend, indemnify and hold Sponsor and Released Parties harmless from and against any liabilities, losses, claims, demands, costs and expenses (including reasonable attorneys’ fees) arising out of or in connection with the use of the Submissions, or the use of Participant’s name, likeness, voice, story, comments or persona, or from the breach or alleged breach of any of the representations or warranties Participant makes in this grant andrelease. This grant and release is irrevocable, so that Vote.org may proceed in reliance thereon, and Participant agrees that Participant will not be entitled to any injunctive relief that would prevent or interfere with the use, display, distribution or other exploitation of the Submissions. As a condition of being awarded any prize, except where prohibited by law, the winner may be required to execute a consent to the use of their Submissions, name, hometown, likeness and/or prize information, without limitation, for promotional purposes without further permission or compensation.
12. 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.
13. Winner List; Rules Request. For a copy of the winner list, send a stamped, self-addressed,
business-size envelope after November 9, 2022 and before November 9, 2023 to Sponsor at the address listed below, Attn: “Make Your Mark” Winner List. To obtain a copy of these Official Rules, visit https://www.planyourvote.org/rules or send a stamped, self-addressed business-size envelope to Sponsor at the address listed below, Attn: “Make Your Mark” Rules Request. Residents of VT may omit return postage.
14. Intellectual Property Notice. The Contest and all accompanying materials are copyright © 2022 by Vote.org. All rights reserved. 15. Miscellaneous. The Contest and these Official Rules will be governed, construed and interpreted under the laws of the District of Columbia 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 Contest or any entrant’s participation in the Contest should viruses, bugs, unauthorized human intervention or other causes beyond Sponsor’s control affect the administration, security or proper play of the Contest, or Sponsor otherwise becomes (as determined in its sole discretion) incapable of running the Contest as planned. Entrants who violate these Official Rules, violate any law, rule or regulation in connection with participation in the Contest, tamper with the operation of the Contest or engage in any conduct that is detrimental or unfair to Sponsor, the Contest or any other entrant (in each case as determined in Sponsor’s sole discretion) are subject to disqualification from entry into the Contest. 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 Contest. If you have any questions about these Official Rules or the Contest, please e-mail them to email@example.com or send written questions to the address listed below, Attn: “Make Your Mark” Questions.
Vote.org, 5557 Baltimore Ave, Suite 500, Box 135 Hyattsville, MD 20781.