Fresh Empire Sweepstakes
Official Rules
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
THIS SWEEPSTAKES IS SPONSORED BY COMPLEX MEDIA, INC. IT IS NOT SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK OR TWITTER. You understand that you are providing your information to COMPLEX Media, Inc. and not to Facebook or Twitter. You can view Complex’s privacy policy at http://www.complex.com/privacy.
- 1. Eligibility
- Fresh Empire Sweepstakes (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States (and the District of Columbia) who are between thirteen (13) and seventeen (17) years old at the time of entry. Void where prohibited. Proof of residency and age may be required. Employees and directors of COMPLEX Media, Inc., Sync Marketing LLC, and RESCUE SOCIAL CHANGE GROUP, LLC and their subsidiaries, divisions, affiliates, and advertising or promotional agencies or individuals involved with the design, production, execution or distribution of the Sweepstakes and the immediate family and household members of such individuals, are not eligible to enter or win. “Immediate family members” shall mean parents, stepparents, children, stepchildren, siblings, stepsiblings, or spouses, regardless of where they live. “Household members” shall mean people who share the same residence at least three months a year, whether related or not. In order to enter the Sweepstakes or receive a prize, you must fully comply with the Official Rules and, by entering, you represent and warrant that you agree to be bound by these Official Rules and the decisions of the Sponsor, whose decisions shall be binding and final in all respects relating to this Sweepstakes.
- 2. Sponsor and Administrator
- Sponsor and Administrator: COMPLEX Media, Inc., 1271 6th Avenue 35th Floor, New York, NY 10020.
- 3. Timing
- Sweepstakes begins December 17, 2015 at 12:01 a.m. Eastern Time and ends January 28, 2016 at 11:59 p.m. Eastern Time (“Sweepstakes Entry Period”). Sponsor is the official time keeper for this Sweepstakes. The Sweepstakes is governed by these Official Rules and is subject to all applicable federal, state, provincial and local laws.
- 4. How to Enter
- During the Sweepstakes Entry Period you may go to http://partner.complex.com/freshempire/controlroom (the “Website”) where you will be required to connect with Facebook or login with Twitter and then provide your email address. Next you will be taken to the ‘control room’ where you will be able to design an image. You will have the ability to control the font, color filter, props and background of the image. To unlock certain elements, you will have to successfully answer educational questions. After you have created your image, you will have the chance to win a top tier weekly prize or mid-range weekly prize, as well as the grand prize, and will be able to view an exclusive video. You will also have the option to share the image on social media. Limit of one (1) image / entry per person per week for the Sweepstakes. Entrants may only use one email address to enter the Sweepstakes. You are not permitted to share the same email address with another entrant. Use of any automated system to enter is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries all of which will be ineligible to win a prize. In the event of a dispute as to any entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winner of the grand prize may be required to show proof of being the authorized account holder to be awarded the prize. All entries become the sole and exclusive property of Sponsor and will not be returned or cancelled.
- 5. Winner Determination
Grand Prize
On or about January 21, 2016, Sponsor will randomly select one (1) image and that person will win the grand prize described below. Odds of winning the grand prize depend on the number of eligible entries received during the Sweepstakes Entry Period.
Weekly Prizes
On or about December 25, 2015, January 1, 2016, January 8, 2016, January 15, January 22, and January 29, 2016, Sponsor will randomly select up to two hundred (200) images for the prior week for the weekly prize described below. The first 50 randomly selected images selected will win the top tier weekly prize and the remaining entries, up to 150 randomly selected images, will receive the mid-range tier weekly prize. Odds of winning a weekly prize depend on the number of eligible entries received during the respective week. Limit of one top tier weekly prize per person for the Sweepstakes. Limit of one mid-range weekly prize per person for the Sweepstakes.
- The selected entrant will be contacted using the email address provided with the entry and may be awarded the prize subject to verification of eligibility and compliance with the terms of these Official Rules. Failure by entrant to respond to the initial verification within 48 hours of notification after three (3) attempts will result in disqualification and Administrator will select an alternate winner in the same manner.
- 6. POTENTIAL SWEEPSTAKES WINNER IS SUBJECT TO VERIFICATION BY SPONSOR AND/OR ADMINISTRATOR. SPONSOR AND ADMINISTRATOR’S DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE ADMINISTRATION, OPERATION, SELECTION OF THE WINNER AND OTHER MATTERS RELATED TO THE SWEEPSTAKES.
- 7. Verification of Potential Winner
- Potential winner may be required to complete and return an Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law) (collectively, the “Affidavit”) by the date specified by Sponsor, or an alternate potential winner may be selected. In the event: (a) potential winner cannot be reached for whatever reason after a reasonable effort has been exerted or the potential winner notification or Affidavit is returned as undeliverable; (b) potential winner declines or cannot accept, receive or use the prize for any reason; (c) of noncompliance with the above or within any of the aforesaid time periods; (d) potential winner is found to be ineligible to enter the Sweepstakes or receive the prize; (e) potential winner cannot or does not comply with the Official Rules; or (f) potential winner fails to fulfill the Affidavit-related obligations, the potential winner shall be disqualified from the Sweepstakes and an alternate potential winner may be selected, at Sponsor’s sole discretion, from among the other eligible entries received. Sponsor reserves the right to modify the notification and Affidavit procedures in connection with the selection of alternate potential winner, if any.
- 8. Prize
Prize | Quantity | Description | ARV |
Grand Prize | 1 | Custom shoes created by Kickasso | $400 |
Top Tier Weekly Prize | 50 (per week max) | Signed Fresh Empire Snapback | $13 |
Mid-Range Tier Weekly Prize | 150 (per week max) | Fresh Empire Branded Wristband | $.49 |
- For all prizes: Sponsor reserves the right to substitute the listed prize for one of equal or greater value for any reason. Winner (or parent / legal guardian if winner is a minor) is responsible for all taxes and fees associated with prize receipt and/or use. All federal, state, and local tax liabilities, as well as any other costs and expenses not specified herein as being awarded are the sole responsibility of the Winner. Winner may be required to complete and return an IRS W-9 form (i.e. Request for Taxpayer Identification Number and Certification). Prize will be awarded only if the potential prize winner fully complies with these Official Rules.
- 9. Entry Conditions and Release
- Each entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of Sponsor and Administrator which are binding and final in all matters relating to this Sweepstakes; (b) defend, indemnify, release and hold harmless the Sponsor, Sync Marketing LLC, RESCUE SOCIAL CHANGE GROUP LLC, the FDA, and their respective parent, subsidiary, and affiliated companies, celebrities, and any other person and organization responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Sweepstakes, acceptance, possession, attendance at, defect in, delivery of, inability to use, use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry. Winner acknowledge that all prizes are awarded as-is without warranty of any kind.
- 10. Publicity
- Except where prohibited or restricted by law, winner’s acceptance of prize constitutes the winner’s agreement and consent for Sponsor and any of its designees to use and/or publish winner’s full name, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by winner regarding the Sweepstakes or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval.
- 11. General Conditions
- Sponsor and its subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (c) entrants who have committed fraud or deception in entering or participating in the Sweepstakes or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the winner to accept the prize for any reason; (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Sponsor’s reasonable control; or (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this Sweepstakes or any promotion or prize related activities. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Sweepstakes, or with any Website promoting the Sweepstakes; (b) acting in violation of the Official Rules; or (c) entering or attempting to enter the Sweepstakes multiple times through the use of multiple email addresses or the use of any robotic or automated devices to submit entries. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Sweepstakes, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Sweepstakes, including the entire Sweepstakes, and/or modify the Sweepstakes and/or award the prize from all eligible entries received as of the termination date.
- 12. Limitations of Liability
- The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Sweepstakes; (d) technical or human error in the administration of the Sweepstakes or the processing of registrations; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant’s registration is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes. No more than the stated number of each prize will be awarded.
- 13. Disputes
- Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate District of Columbia Court located in the District of Columbia, United States; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (d) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the District of Columbia, without giving effect to any choice of law or conflict of law rules (whether of the District of Columbia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the District of Columbia.
- 14. Entrant’s Personal Information
- Information collected from entrants is subject to the Sponsor’s Privacy Policy, which is available at http://www.complex.com/privacy. Sponsor will collect, use, and disclose the information submitted in accordance with the Privacy Act and/or E-Government Act of 2002. Information is not collected for commercial marketing. The safety and privacy of children is Sponsor’s priority. Sponsor complies with the Children’s Online Privacy Protection Act of 1998 (COPPA) and its accompanying regulations protecting the privacy of children using the Internet.
- 15. Sweepstakes Results
- For Sweepstakes results, send an email with the subject line of “Winners List – Fresh Empire Sweepstakes” to freshempire@complex.com. Requests for the Winner’s List must be received by February 1, 2016.
For technical questions, send an email to freshempire@complex.com.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook or Twitter. Any and all questions, comments or complaints regarding the Sweepstakes must be directed only to Administrator and not Facebook or Twitter.