Official Rules for Swift & True Publishing’s “Favorite Indie Novel Contest – September 2017”

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN ONLY TO LEGAL RESIDENTS OF ANY ONE (1) OF THE FIFTY (50) UNITED STATES OR THE DISTRICT OF COLUMBIA WHO ARE AT LEAST AGE THIRTEEN (13) AS OF THE DATE OF ENTRY AND HAVE A VALID FACEBOOK ACCOUNT AND E-MAIL ADDRESS. VOID WHERE PROHIBITED BY LAW.

INTERNET ACCESS IS REQUIRED.  WINNER MAY BE REQUIRED TO EXECUTE PRIZE ACCEPTANCE DOCUMENTS, AS MORE FULLY DETAILED BELOW. 

BY ENTERING THE SHOREBREAK CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

By entering Swift & True Publishing’s “Favorite Indie Novel Contest – September 2017” (the “Contest”), each entrant agrees to be bound by these Official Rules and Regulations (“Rules”) and decisions of Swift & True Publishing. The Contest commences at 12:00:00 a.m. Easter Daylight Time (“EDT”) on September 16, 2017 and ends at 11:59:59 p.m. EDT on September 30, 2017 (the “Contest Period”). The Winner will be determined by Random Draw on October 1, 2017, from all eligible Entrants as detailed below.

Sponsor: The Contest is sponsored by Swift & True Publishing and its affiliates (collectively, the “Sponsor”), 3912 Tracy Ave. Covington, KY 41015.

Eligibility: The Contest is open only to legal residents of any one (1) of the fifty (50) United States or the District of Columbia who are at least 13 years of age and who have a valid e-mail address and Facebook account. See prize descriptions for further eligibility requirements. If you are a minor, ask your parent or legal guardian for permission and to help you to enter. The Sponsor does not knowingly collect or solicit information from anyone under the age of 13. If you are under 13, please do not enter the Contest. In the event the Sponsor learns that it has collected personal information from a child under the age of 13, the Sponsor will delete that information as quickly as possible. The Contest is not open to: (1) employees, independent contractors, members, managers, officers, and/or directors of Sponsor, and Sponsor’s parent, related, affiliated and/or subsidiary companies, advertising, promotion and fulfillment agencies or legal advisors and their respective officers, directors, members, managers, agents, employees and assigns; or (2) the immediate family members of, and persons living in the same household as, the Sponsor ). For purposes of this Contest, relatives are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children, and grandchildren.

How to Enter: Eligible individuals may enter the Contest by naming their favorite independently-published novel via Facebook Comment on the Original Facebook Post announcing (the “Announcement”) the Contest from the official Eric Sparks II (@orvfantasywriter) author page found at https://www.facebook.com/orvfantasywriter/. Limit of one entry per official Facebook account. Only personal (i.e., non-commercial) Facebook accounts may enter.

Entries must be received by Sponsor during the Contest Period in strict accordance with the instructions and restrictions on the Sponsor website (ericwsparks.com/september-2017-sweepstakes-official-rules) and these Rules.  The Sponsor will be the official timekeeper for this Contest. For purposes of this Contest, only Facebook comments on the original Announcement from personal accounts will be considered.  Posts from commercial entities and/or accounts will be disqualified. Entries/Comments removed/deleted prior the Draw will be considered void. Other proof of submitting an entry (such as a printed or copied screen or message) does not constitute proof of actual receipt of an Official Entry Form for purposes of this Contest.  Those who do not abide by these Rules or the instructions of Sponsor and who provide all required information will be disqualified in Sponsor’s sole discretion.

Sponsor is not responsible for and may disqualify (in its sole discretion) any lost, late, failed, incorrect, inaccurate, damaged, illegible, misdirected, incomplete, forged, mutilated, illegitimate, garbled entries, mail or other correspondence. Entries generated by a macro, bot, or other automated means are prohibited, and any use or submission of such entries will not be accepted. Entries made by any other individual or any entity or group or originating at any web site other than as set forth specifically above, including, without limitation, through commercial Contest subscription notification or entering services, will be declared invalid and disqualified for this Contest.

Use of automated devices is not valid for entry. Official Entry Form must include a valid e-mail address for the entrant. By submitting an entry, each entrant warrants and represents that the information provided and his or her participation in the Contest will not violate any law or infringe upon the rights, title, claim or interest of any other person or entity. Regardless of whether caused by a Released Party, entrant, any other individual or entity, or the equipment or programming associated with or utilized in this Contest, Released Parties are not responsible or liable for any of the following: entries that are submitted by illegitimate means (such as, without limitation, by an automated computer program) or entries in excess of the stated limit; problems or technical, hardware, or software malfunctions of any telephone network or telephone lines; failed, incorrect, inaccurate, faulty, interrupted, omitted, defective, incomplete, garbled or delayed electronic or other communications, transmissions, computer online systems, servers or providers, computer equipment, or software; viruses or technical or mechanical malfunctions; failure of any e-mail or entry to be received by the Sponsor due to technical problems, human error or traffic congestion, unavailable network connections on the Internet or at any website, or any combination thereof, including, without limitation, any injury or damage to entrant’s or any other person’s computer relating to or resulting from participating in this Contest. By submitting an entry, you agree to abide by the terms of these Rules.

Selection and Notification of Winners: All eligible Entrants will be entered into a random drawing for one (1) prize conducted by Sponsor’s designated agent/representative, whose decisions are final and binding, on or about October 1, 2017, to select one (1) Prize Winner of a $25 Amazon e-Gift Card delivered via email.

Sponsor will attempt to notify the potential winner that they may have won a prize in this Contest on or about October 1, 2017, after the Contest Period has ended, by Facebook Message or other means in Sponsor’s sole discretion and will also be announced via Facebook Post on the official author Facebook page of Eric Sparks II (@orvfantasywriter). Sponsor reserves the right not to award the prize, in its sole discretion. Prize awards are subject to verification of eligibility and compliance with these Rules. Winners will have one (1) week to respond to initial outreach by Sponsor and if, for any reason, the Winner(s) is not available or unresponsive, a different Winner(s) will be chosen and the initial Winner(s) will be disqualified and unable to claim any prize. Potential Winner will be required to submit a valid email address through a Facebook Message with the Sponsor for the sole purpose of delivering the Prize. A test email will be sent with a confirmation password to the provided email address. The potential Winner must then respond via Facebook message the confirmation password to validate his/her email address. The Sponsor will deliver the Prize to the validated email address within three (3) business days of validation. Winners may be required to complete, sign, notarize (if applicable), and return, without alteration and in the form presented by Sponsor, a declaration of eligibility and liability/publicity release and other forms (as applicable) (collectively, the “Winner Documents”) according to Sponsor’s instructions within seven (7) days from when Sponsor sends the Winner Documents or other time frame as specified in those documents.  Failure to comply with these requirements, Sponsor’s instructions or these Rules may result in disqualification from the Contest and forfeiture of any prize potentially won, in Sponsor’s sole discretion.  The Winner Documents, if required, will be subject to verification by Sponsor.  If the prize or any prize notification or Contest-related communication is faulty, rejected, or returned as undeliverable or if a participant cannot be reached after a reasonable attempt has been made by Sponsor or does not respond according to the notification’s or Sponsor’s instructions (as determined in its sole discretion), that participant may be disqualified and an alternate winner, as applicable, may be selected as the winner using the original means of winner selection from among all remaining eligible entries.

Prizes, Approximate Retail Value (“ARV”)/ Odds of Winning: One (1) winner, subject to verification, will receive a Prize of a $25 Amazon e-Gift Card.

Contest prizes are not transferable. Federal, state and local taxes are the sole responsibility of the winner. Odds of winning the prizes depend on the number of eligible entries received. Many will enter, one (1) will win.  If prizes are legitimately claimed, they will be awarded.  If unclaimed, the prizes may not be awarded. No prize substitution allowed except at the sole discretion of the Sponsor, who may substitute a prize of equal or greater value for any reason in its sole discretion. All prize details not specified in these Rules will be determined in Sponsor’s sole discretion.  Sponsor will not replace any lost or stolen prize or any prize that is undeliverable or does not reach a winner because of an incorrect or email address.

Conditions of Participation: As a condition of entry, each entrant agrees that if they are a winner, they will provide a personal email address with Swift & True Publishing.

By entering the Contest, without limiting any other provision in these Rules, entrants expressly agree to receive e-mail, Facebook messages, or other notifications from the Sponsor regarding the status of the Contest and give consent for Sponsor and its agents to obtain and deliver his or her name, address, and other information to third parties for the purpose of administering this Contest and complying with applicable laws, regulations, and rules.  Any expenses not specified in these Rules as being part of the prizes (including, but not limited to, taxes or any other applicable fees or costs not expressly identified above that are related to the acceptance and/or use of the prizes) are the sole responsibility of the winners.  As applicable, prizes will only be mailed or otherwise provided to the verified winners’ address in one (1) of the fifty (50) United States or the District of Columbia, except in Sponsor’s sole discretion.

Sponsor reserves the right to, in its sole discretion, cancel, modify, or suspend the Contest (which may include, without limitation, not awarding any prize) should any computer virus, bugs, or other technical difficulty or other causes beyond the control of the Sponsor or Released Parties corrupt the administration, security or proper play of the Contest or if the Contest is not capable of running as planned for any reason.

By entering the Contest (except where prohibited by law), entrants consent to the use of their names, pictures, likenesses, biographical data, and/or any information contained in their entry in advertising, Contest, and marketing materials throughout the world, including on the Internet, by the Sponsor, its promotional partners, and third-party marketing entities, without additional compensation, notice, review, or approval.  As a condition of entry, each entrant agrees that if they are a winner, Sponsor has the right to change, modify, blur, or alter in any way the winner’s name or likeness for display and incorporation into Sponsor’s page or elsewhere in its sole discretion and without notice, approval, compensation, liability, or consent.  Nothing contained in these Rules obligates Sponsor to make use of any of the rights granted herein and each entrant waives any right to inspect or approve any such use.  Sponsor’s decisions will be final in all matters relating this Contest, including interpretation of these Rules and awarding of the prize. Failure to comply with these Rules may result in disqualification from this Contest. Participants further agree to not damage or cause interruption of the Contest and/or prevent others from using the Contest.

Sponsor reserves the right, in its sole discretion, to void an entry of any entrant who Sponsor believes has attempted to tamper with or impair the administration, security, fairness, or proper play of this Contest.  Sponsor reserves the right to restrict or void entries or participation from any IP address, hardware, account, or other source if any suspicious entry or participation is detected in its sole discretion.  If Sponsor determines at any time in its sole discretion that the winner or potential winner is disqualified, ineligible, or in violation of these Rules, Sponsor reserves the right in its sole discretion to select an alternate winner, even if the disqualified potential winner’s name or other information or content may have been shown or announced online or elsewhere.  If any person supplies false information, obtains entries by fraudulent means or is otherwise determined to be in violation of these Rules in an attempt to obtain any prize, Sponsor may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law.

CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEB SITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE CONTEST VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW AND MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT

Limitations of Liability and Disputes: By entering the Contest, except to the extent prohibited by applicable law, you agree that: (1) any and all disputes, claims, and causes of action arising out of or in connection with the Contest, or any prize awarded, will be resolved individually without resort to any form of class action; (2) any claims, judgments, and awards will be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorney’s fees; and (3) under no circumstances will you be permitted to obtain any award for, and you hereby waive all rights to claim, punitive, incidental, or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, including, without limitation, attorneys fees, except damages for actual out-of-pocket expenses (if any) not to exceed twenty-five dollars ($25).

Warranty Disclaimer: WINNERS AGREE AS A CONDITION OF ACCEPTING THE PRIZES, THAT THE PRIZES ARE AWARDED “AS IS” AND THE RELEASED PARTIES MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO OR RESPECTING THE ENJOYMENT, PERFORMANCE, OR USE OF THE PRIZES, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

Construction/Governing Law/Venue: All issues and questions concerning the construction, validity, interpretation, and enforceability of these Rules, or the rights and obligations of any entrant or the Sponsor, are governed by and construed in accordance with the laws of the State of Kentucky, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Kentucky, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Kentucky. Any legal actions, suits or proceedings related to this Contest (whether for breach of contract, tortious conduct, or otherwise) will be brought exclusively in the state or federal courts located in Latah County, Moscow, Kentucky, and each entrant accepts and submits to the personal jurisdiction of these courts with respect to any legal actions, suits or proceedings arising out of or related to this Contest.  The invalidity or unenforceability of any provision of these Rules will 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 Rules will otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision was not contained in the Rules.  Sponsor’s failure to or decision not to enforce any provision in these Rules will not constitute a waiver of that or any other provision.  In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained within or between any Contest-related materials, these Rules, or both, it will be resolved in Sponsor’s sole discretion.  Entrants waive any right to claim ambiguity in the Contest or these Rules.

General Release and Limitations on Liability:

BY ENTERING THE CONTEST, YOU RELEASE, HOLD HARMLESS,  DISCHARGE, AND AGREE TO INDEMNIFY EACH OF THE RELEASED PARTIES FROM ANY LIABILITY WHATSOEVER for injuries or damages of any kind sustained IN CONNECTION WITH OR RELATED TO THE CONTEST, THE ACCEPTANCE, POSSESSION, AWARDING, DELIVERY, MISDELIVERY, USE, OR MISUSE OF THE PRIZE, OR while preparing for, participating in, and/or traveling to or from any PRIZE- OR CONTEST-related activity, INCLUDING, WITHOUT LIMITATION, LEGAL CLAIMS, COSTS, INJURIES, LOSSES OR DAMAGES, DEMANDS, OR ACTIONS OF ANY KIND (INCLUDING, WITHOUT LIMITATION: PERSONAL INJURIES; DEATH; DAMAGE TO, LOSS, OR DESTRUCTION OF PROPERTY; RIGHTS OF PUBLICITY OR PRIVACY; AND DEFAMATION OR PORTRAYAL IN A FALSE LIGHT).

Sponsor and the Released Parties will not be responsible for typographical, printing, or inadvertent errors in these Rules or in other materials relating to the Contest.

Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s e-mail or other account to receive messages.  Released Parties are not responsible, and may disqualify an entrant at any time, if his or her e-mail address, telephone, or other contact information does not work or is changed without entrant giving prior written notice to Sponsor.  Without limiting any other provision in these Rules, Released Parties are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply the prize or any part thereof in the event that any of the Contest activities or the Released Parties’ operations or activities are affected, as determined by the Sponsor in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above.

Official Rules/Winner List: To obtain a copy of these Rules, print them from ericwsparks.com/september-2017-sweepstakes-official-rules or send a self-addressed, stamped envelope to: “Swift &True Publishing’s ‘Find Your Calling’ Contest, 3912 Tracy Ave. Covington, KY 41015.”  If you would like to obtain the names of the winners (available after October 1, 2017), send a self-addressed stamped envelope to: “Swift &True Publishing’s ‘Find Your Calling’ Contest Prize Winners, 3912 Tracy Ave. Covington, KY 41015.”   All requests for Rules and names of prize winners must be received during the Contest Period and requests for the Prize Winner List must be received on or before October 31, 2017.  Only one (1) request of either type per outer envelope, mailed separately, will be fulfilled.

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