The Beaches of Fort Myers and Sanibel
Island Hopper Songwriter Contest
OFFICIAL RULES
CONTEST TIMING:
The Beaches of Fort Myers and Sanibel “Island Hopper Songwriter Contest” (the “Contest”) entry period begins on Monday, August 6, 2018 at 4:00 p.m. Eastern Daylight Time ("EDT") and ends on Wednesday, September 5, 2018 at 11:59 p.m. EDT (the “Entry Period”). All eligible entries will be posted to the tab (woobox app) on The Beaches of Fort Myers & Sanibel's Facebook page beginning Monday, August 6, 2018 at 4:00 pm EDT for public voting and ends on Wednesday, September 5, 2018 at 11:59 p.m. EST (the “Public Voting Period”). At the conclusion of the Public Voting Period, the entry with the greatest number of votes will be the Grand Prize winning entry. In case of a tie, the Sponsor will cast one (1) vote to determine the winning entry.
Entry in this Contest does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of The Beaches of Fort Myers and Sanibel, 2201 2nd Street, Suite 600, Fort Myers, FL 33901 (the “Sponsor”) and COHEN-FRIEDBERG ASSOCIATES, LLC Framingham, MA 01702 www.cfapromo.com (the “Administrator”), whose decisions shall be final and legally binding in all respects.
ELIGIBILITY:
This Contest is open to legal residents of the 50 United States including the District of Columbia, who are eighteen (18) years of age or older at the time of entry. Employees, officers, and directors of Sponsor, Administrator, MMGY Global (“NFJ”), Contest prize suppliers, and each of their affiliated companies, subsidiaries, licensees, franchisees, distributors, dealers, sales representatives, their advertising and Sweepstakes agencies, and any and all other companies associated with the Contest (collectively, the “Contest Entities”), and each of their immediate family members and/or people living in the same household are not eligible to participate. All eligibility is subject to all federal, state, and local laws and regulations. All entries submitted are the property of the Sponsor.
HOW TO ENTER:
ENTRY CHALLENGE: Enter an original song ONLY by an individual singer, songwriter or artist (not to exceed five (5) minutes in length), singing your original song. No multi person bands allowed. LIMIT: You may enter up to three (3) original songs during the Entry Period. Only the person that registers the entry will be eligible for a prize.
Follow these easy steps to enter:
1. Visit the Sponsor’s Facebook page at https://www.facebook.com/FtMyersSanibel Then enter here: https://woobox.com/ksn9gr
2. Upload your original video of you singing your original song or link to your YouTube or Vimeo Video during the Contest Entry Period.
3. Complete the registration by entering your first name, last name, email address, song title, phone number and agreement to these Official Rules.
4. After completing and submitting the entry form, your entry will be reviewed and if eligible will be posted to the Music Gallery tab for public viewing and public voting.
Late entries will not be accepted for any reason. The Sponsor’s database clock will be the clock for this Contest.
All entries are subject to verification and approval by the Sponsor. Entries that do not meet the requirements for the video or music specified below or otherwise do not comply with the Official Rules herein may be disqualified. Any attempted form of entry other than as described herein is void. Sponsor will determine in its sole discretion, what constitutes a valid entry
Sponsor reserve the right to cancel or modify the Contest if fraud or technical failures impair the integrity of the Contest as determined by the Sponsors, in their sole discretion, and to award the prize based on eligible entries received prior to the cancellation.
Requirements for Video: Videos may not exceed five (5) minutes in length. Videos may not contain any copyrighted or trademarked elements other than elements owned by the entrant. Videos may not include any people other than the entrant. Use of any copyright or trademark elements, or otherwise published documents owned by a third party will result in disqualification of a submission, at the Sponsor’s sole discretion. Videos must be in English.
Entrant’s Representations: By submission of a video or music, you represent and warrant that the submission is your original work product and does not infringe the rights of any third party and you are not signed to a major label.
Entry Notes: Once any video or music track is submitted, Entrant cannot access/revise such entry in any way. No video, music title, song lyrics, profile images or description may be obscene, pornographic, violent, cruel, mean spirited, offensive in any manner, have swear words, or in any other way not suitable to be published. If an entry falls into this category, it may become void in the sole discretion of the Sponsor. Entries made on another’s behalf by any individuals or other entities, including but not limited to, commercial contest/sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified for this Contest. Tampering with the entry process or the operation of the Contest is prohibited and any entries deemed by Sponsor, in their sole discretion, to have been submitted in this manner will be void. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. By entering, all participants and/or entrants release the Sponsor and Administrator from and against all claims and damages arising out of or in connection with each Entrant's participation and/or entry in the Contest and/or his/her receipt or use of the prizes awarded in this Contest.
Sponsor is not responsible for problems downloading or uploading any contest-related information to or from the website or for any other technical malfunctions of electronic equipment, computer on-line systems, servers, or providers, computer hardware or software failures, phone lines, failure of any electronic mail entry to be received by Sponsor on account of technical problems, traffic, congestion on the internet or the website, or any other technical problems related to website entries including telecommunication miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit an entrant’s ability to participate in this Contest.
PUBLIC VOTING:
All eligible entries will be posted to the Music Gallery page for public voting beginning Monday, August 6, 2018 at 6:00 pm EDT and ends on Wednesday, September 5, 2018 at 11:59 p.m. EDT. LIMIT: One vote per day, per person or email address. In case of a tie, the Sponsor will cast one (1) vote to determine the winning entry.
PRIZE/ODDS: Only the prize listed below will be awarded in this Contest. Odds of winning depend on the total number of valid entries received.
One (1) Grand Prize Package Includes:
Approximate retail value of this prize package $1,950. This Grand Prize Package must be taken during the 2018 Island Hopper Songwriter Fest September 21, 2018 through September 30, 2018. Any requests to take the trip after the above dates will not be honored.
Grand Prize winner will be required to complete and return an Affidavit of Eligibility and Liability/Publicity Release and W-9 tax payers request for identification form, which must be signed by the winner and received by Sponsor or its designated agent within four (4) days of the date printed on the notification or otherwise an alternate prize winner will be selected. The alternate prize winner will be the next entry with the greatest number of eligible votes.
· Prize is provided on an “as is” basis, without any warranty of any kind and are non-transferable. Prize may not be redeemed for cash or substituted in any manner by any prize winner; provided, however, Sponsor reserves the right to substitute a prize (or portion thereof) of equal or greater value if the advertised prize (or portion thereof) becomes unavailable.
· Prizes that include accommodations, the request for desired travel dates must be made in writing to the designated representative via email no later than thirty (30) days prior to desired travel; provided, however, accommodations, are all subject to availability and Sponsor cannot guarantee the accommodation of requested dates.
· Air transportation shall be by coach class roundtrip from a major gateway nearest the winner’s home address to the location of the prize, and all such travel arrangements will be made by a designated representative whose decisions regarding the itinerary are final and binding. Selection of airline and airport shall be at the discretion of Sponsor or any other provider of any portion of the prize. Winner and his/her travel companion are solely responsible for satisfying all legally required conditions of travel. Sponsor is not liable for any expenses incurred as a consequence of flight cancellation or delay or any weather or airline issues that prevent the prize winner and his/her travel companion, if applicable, from traveling, in which event any missed portion of the prize is forfeited in its entirety and no substitution will be provided.
· Prize winner and his/her guest must have valid travel documents (e.g., government issued I.D., passport, etc.) as required by hotels to register and airlines to board a plane prior to departure and failure to do so may result in forfeiture of prize. Any missed portion of the prize is forfeited in its entirety and no substitution will be provided. Prize winner must have a valid major credit card to check-in to a hotel.
· Prize winner is responsible for any and all applicable fees, service charges, surcharges, all insurance, federal, state, local taxes, if any, gratuities, meals, flights, incidental charges and any other unspecified expenses associated with acceptance or use of the prize.
All estimated retail values are subject to change based on, among other things, normal price fluctuations associated with the marketplace and date the winner selects to participate in the prize package. If the prize or the prize notification letter is returned as undeliverable or any non-compliance with the Official Rules or failure to respond and execute and return the appropriate forms within the applicable time period, it will result in forfeiture of the prize and an alternate prize winner will be randomly selected from all remaining eligible entries received.
WINNER ANNOUNCEMENT DATE AND NOTIFICATION:
The Grand Prize winner will be announced on or about Tuesday, September 6, 2018. The Conduct of the Contest is under the supervision of the Administrator. Prize winner will be notified by phone and/or by email or mail or express mail, whichever is deemed appropriate by the Sponsor, using the contact information provided at the time of entry. Sponsor shall have no liability for any potential prize winning notification that is lost, intercepted or not received by any potential prize winner for any reason. If, despite reasonable efforts, any potential prize winner does not respond within (4) days of the first notification attempt, or if the prize notification is returned as unclaimed or undeliverable such prizewinner will forfeit his or her prize and an alternate prize winner may be selected. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential prize winner will be disqualified and an alternate prize winner may be selected.
INTELLECTUAL PROPERTY RIGHTS:
As between Sponsor and the Entrants, the Entrant retains ownership of all intellectual and commercial property rights in and to the Entry that Entrant had before submission, including the right to distribute the song/music commercially. As a condition of entry, Entrants grant Sponsor a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, publicly display, any Entry that Entrant submits in this Contest for the purposes of allowing Sponsors to administer the technical and other requirements of the Contest including distribution of the Entry to the Administrator, and to advertise, display, demonstrate, or otherwise promote the music/song. Entrants specifically agree that Sponsor shall have the right to use, and publicly display the Entry in connection with the advertising and promotion of the song/music via communication to the public or other groups, including, but not limited to the right to make screenshots, animations and video clips available for promotional purposes.
GENERAL PRIZE RESTRICTIONS/CONDITIONS:
By entering, each entrant agreeS for entrant and for entrant’s heirs, executors, and administrators (A) to release and hold harmless Contest Entities, and their respective affiliates, parents, owners, franchisees, officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the Contest and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (B) that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose; and (C) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Contest itself, and to be bound by all decisions of the Sponsor, which are binding and final. Failure to comply with these conditions may result in disqualification from the Contest at Sponsor’s sole discretion.
PUBLICITY RELEASE:
Acceptance of any prize constitutes prize winner's permission for the Contest Entities to use prize winner's name, photograph, image, likeness, voice, biographical information, statements and complete address (collectively, the "Attributes"), for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter devised, in perpetuity, without further compensation or authorization, (except where prohibited by law), and releases the Contest Entities from all claims arising out of the use of such Attributes.
DISQUALIFICATION/FORCE MAJEURE:
In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding the prize or continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to, fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then Sponsor shall have the right to modify, suspend, or terminate the Contest. If the Contest is terminated before the designated end date, Sponsor will (if possible) judge all eligible, non-suspect entries received as of the date of the event, giving rise to the termination. Inclusion in such judging shall be each Entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prize described in these Official Rules will be awarded.
LIMITATION OF LIABILITY:
The Released Parties are not responsible for, and entrant hereby releases the Released Parties from any claims arising from: (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the entry process or the Contest; (iv) electronic or human error which may occur in the administration of the Contest or the processing of entries; (v) any injury or damage to persons or property, including but not limited to entrant's computer, hardware or software, which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Contest and (vi) use of any prize.
DISPUTES:
Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the state of Florida, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' fees; and (3) unless otherwise prohibited, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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. 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 Contest shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules (whether of State of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida.
WINNER’S LIST: To obtain the name of the Grand Prize winner, send a self-addressed stamped envelope to: Island Hopper Songwriter Contest 2018, PO Box 2312, Framingham, MA 01703-2312. All such requests must be received by 9/19/2018.
© The Beaches of Fort Myers and Sanibel. All rights reserved.
The use of any prize manufacturer, name or trademark in connection with any of the prizes is solely for the purpose of describing such prize, and is not intended to suggest any affiliation or sponsorship.