1. Contest Description. The Swish Name That Pride Theme Contest (this "Contest") encourages supporters of Swish to submit ideas for consideration for themes for Swish’s 10th anniversary floats in the New York City and Los Angeles Pride Marches. The Contest is open to any person who meets the eligibility criteria set forth below and submits an entry in accordance with these Official Rules (each such person is an "Entrant"). The Contest shall yield one first prize winner (the "First-Prize Winner").
2. The Sponsor. This Contest is sponsored by Swish, with its address at 676A 9th Avenue, Suite 131, New York, NY 10036.
3. Entry Deadlines. The entry period for the Contest commences at or around 12:00 p.m. (ET) on March 20, 2012 and continues through 11:59 p.m. (ET) on March 27, 2012 (the "Contest Entry Period").
4. Entrant Eligibility. No purchase is necessary to enter or win a prize. This Contest is void in any jurisdiction where it is restricted or prohibited by law. Open to legal residents of the United States ages 14 and older at time of entry. Any Entrant who is a minor in his or her jurisdiction of primary residence must obtain the permission of his or her parent or legal guardian to participate. Employees of the Sponsor or any affiliated board member, company, or vendor (and the immediate families of each) are not eligible to participate or win a prize. By participating in this Contest, each Entrant agrees to be bound by these Official Rules and by the decisions of the Sponsor, which are final in all matters relating to this Contest.
5. How to Enter this Contest. Each potential Entrant must visit the Contest page (the "Contest Web Site"), which is prominently linked from http://www.swishpride.org, and completely fill out all required data fields on the registration form (each complete entry is considered a "Submission"). Text incorporated in each Submission must be in English. Content must be appropriate for a general audience, including minor children, in the sole judgment of the Sponsor.
6. Rights to Submissions. Each Entrant hereby agrees:
· (a) to enter his or her Submissions under the following terms and conditions:
· i. that all Submissions become the property of the Sponsor and will not be returned;
· ii. that all Submissions are free from any lien or claim by anyone, including but not limited to any artist (other than the Entrant), union, guild, stock photography agency, gallery, or museum;
· iii. that each Entrant has obtained all rights, permissions, and licenses necessary for the Sponsor to use the Submissions for any purpose;
· iv. that no Submission or any part thereof infringes any trademark, copyright, or other intellectual-property right, or otherwise violates anyone's right of privacy or publicity; and
· v. that each Entrant shall indemnify and hold harmless the Sponsor and their respective parent, subsidiary, and affiliated companies from any claims, suits, losses, damages, and expenses (including reasonable attorneys' fees) that arise from any breach of the following conditions. Each Entrant agrees to the foregoing and in addition agrees to obtain or execute and deliver, upon request of the Sponsor, any documentation and releases necessary to prove his or her unrestricted ownership in all materials contained in his or her Submission and his or her right to use such materials without limitation for any purpose and to transfer such rights to the Sponsor;
· (b) that his or her Submissions may be used by the Sponsor in whole or in part for any purpose whatsoever without any compensation, and that he or she hereby grants to the Sponsor the exclusive, irrevocable right and license to exhibit, broadcast, copy, reproduce, encode, compress, encrypt, incorporate data into, edit, broadcast, rebroadcast, transmit, record, publicly display, create derivative works of, distribute and synchronize in timed relation to audio material, and otherwise use the materials contained in his or her Submissions and/or any portions or excerpts thereof, in any manner, an unlimited number of times, in any and all media, now known or hereafter devised, throughout the world, in perpetuity, and to confirm this agreement in writing upon request by the Sponsor; and
· (c) that the Sponsor is under no obligation to use any Submission or any materials contained in any Submission for any purpose at any time.
7. Submission Restrictions. Submissions, in whatever format, will be deemed ineligible and will not be accepted if they include any of the following:
· (a) any derogatory characterization of any person or group, including but not limited to characterizations based on ethnicity, race, sexual identity, religion, political affiliation, or occupation;
· (b) any nudity, profanity, or depictions of violence not essential to the message of the Submission;
· (c) any display of any severe physical injury, death, or property damage or any conduct or activity reasonably likely to cause severe physical injury or property damage;
· (d) any content which endorses or condones illegal drug use or alcohol abuse;
· (e) any commercial endorsements;
· (f) any mechanisms that would display, encourage, or imply that any activity or conduct that is otherwise unacceptable in reality, has been or could have been involved;
· (g) any unauthorized use of any intellectual property that is protected by trademark, copyright, or other intellectual-property laws from any source;
· (h) any depiction of any recognizable person other than Entrant (unless Entrant can furnish valid, written approval from such person); or
· (i) any other conduct, language, or other content deemed inappropriate by the Sponsor or the judges, in their sole discretion.
8. Eligible Entries. Each Submission that meets the requirements of these Official Rules is referred to herein as an "Eligible Entry." Derivative or different versions of the same Submission are not Eligible Entries. In making such determinations, the decisions of the Sponsor are final.
9. Disclaimers. The Sponsor assumes no responsibility for incorrect or inaccurate Submission information whether caused by any of the equipment or programming associated with or used in this Contest or by any human error which may occur in the processing of Submissions to this Contest. The Sponsor is not responsible for any failure, problem, or technical malfunction of any telephone network or lines, internet connection, computer online systems, servers or providers, computer equipment, software, email, web browser on account of technical problems, traffic congestion or the internet or at any web site, any combination thereof, or otherwise, including without limitation injury or damage to any Entrant or to any person's computer related to or resulting from participating or downloading materials in this Contest. If, for any reason, this Contest is not capable of running as planned, including problems with any computer system caused by any computer worm or virus, bug, tampering, unauthorized intervention, fraud, technical failure, or any other causes beyond the control of the Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest or for any reason the Sponsor deems it necessary, the Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, delay, or suspend the Contest.
10. Voting, Judging Panel, and Judging Criteria. Following the end of the Contest Entry Period, members of Swish’s Board of Directors will vote for their favorite Eligible Entries. A panel of three (3) judges comprising representatives of the Sponsor and other persons selected by the Sponsor will review the Eligible Entries and select the First-Prize Winner based on their entirely subjective judgments of each Finalist's: (a) originality, (b) creativity, and (c) success in creating an inspiring Pride Theme that translates into float décor, costumes, and marketing materials for Swish’s participation in the 2012 Pride Marches in Los Angeles (June 10, 2012) and New York City (June 24, 2012).
11. Prizes. From among the Finalists, the judges will select one First-Prize Winner. The First-Prize Winner will receive a place for her or him and one guest on the Swish float of their choice in either the Los Angeles or New York City Pride March, as well as prominent display of his or her Image on Swish’s Web site. Travel and accommodations to Los Angeles or New York City are the responsibility of the First-Prize Winner. Arrangements for the fulfillment of the prize will be made by the Sponsor. The tentative date for fulfillment of the First Prize is by May 1, 2012. Additional winners may be selected and prizes awarded at the sole discretion of the Sponsor. The Sponsor reserves the right in its sole discretion to substitute any and all prizes with prizes of comparable value for any reason that it deems necessary and to delay the announcement of any of the Winners. In the event of a dispute over who submitted a winning entry, the owner of the email address associated with the winning Submission will be declared the Winner.
12. Contacting the First-Prize Winner. The First-Prize Winner will be notified by email on or around 12:00 noon (ET) on May 15, 2012. The Sponsor will make a maximum of three attempts to contact the First-Prize Winner. If the First-Prize Winner is unreachable during the 48-hour period in which the Sponsor attempts to make contact, or if he or she does not comply with these Official Rules, an alternate First-Prize Winner may be selected from all remaining Eligible Entries received.
13. Winners' Documentation and Duties. Each Winner (or the parent or legal guardian of any Winner who is a minor in his or her jurisdiction of primary residence) may be required to sign:
· (a) an affidavit of eligibility and liability release releasing the Sponsor and all affiliated artists, companies, advertising agencies, suppliers, and their respective employees, from any and all liability, claims, demands, and causes of action for personal injury or damage, theft, loss, or any other harm suffered in connection with this Contest;
· (b) except where prohibited by law, a promotional release granting the right to use his or her name and likeness for advertising and publicity purposes without additional compensation;
· (c) any relevant tax documentation; and
· (d) at the Sponsor's request, any additional legal documentation to confirm the Sponsor's rights in and to the Submissions.
into the Contest constitutes each Entrant's agreement to sign such documents. A Winner's failure to sign and deliver any of such documents when request may result in disqualification and selection of an alternate Winner. Any violation of these Official Rules by any Winner may result, in the Sponsor's sole discretion, in such Winner's disqualification as a Winner of this Contest and the termination of all privileges as a Winner.
14. The Sponsor's Rule Decisions and Discretion. All interpretations of these Official Rules and decisions of the Sponsor in all matters related to this Contest are final. The Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds or believes: (a) to be tampering with the entry process or the operation of this Contest or the Contest Web Site; (b) to be acting in violation of these Official Rules; or (c) to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person. Any attempt by any person to deliberately damage the Contest Web Site, the Foundation web site, or any related web sites or undermine the legitimate operation of the Contest may be pursued to the full extent of the criminal and civil laws, and the Sponsor reserves the right to seek damages from any such person.
15. Jurisdiction and Governing Law. The New York federal and state courts have sole jurisdiction of any controversies regarding the Contest, and the laws of the State of New York govern the Contest. By entering the Contest, each Entrant waives any and all objections to jurisdiction and venue in those courts and hereby submits to the jurisdiction of those courts.
16. Requests for Rules or List of Winners. For the name of the Winners and/or a copy of these Official Rules, send a self-addressed stamped envelope to:
Swish Pride Theme Contest
676A 9th Avenue, Suite 131
New York, NY 10036
All requests must be received by December 31, 2012. Please note on the front left-hand corner of the outer envelope whether you are requesting "Rules" or the names of the "Winners."