ELIGIBILITY: The Shut Up and Make My Tee Contest (the “Contest”) is open to legal residents, ages 18 or older at time of entry, of the United States (including the District of Columbia and Hawaii), Puerto Rico, and Canada (except Quebec.) Void in the U.S. Virgin Islands, U.S. military installations in foreign countries, and all other U.S. territories and possessions and where otherwise restricted or prohibited by law. By entering the Contest, you agree to be bound by the terms and conditions of these Official Rules.
HOW TO ENTER: Beginning October 5, 2016 at 12:01AM EST, go to www.SpencersOnline.com (“Website”) and follow links to the Contest. To enter, electronically submit your idea via Instagram.com using #ShutupAndMakeMyTee and any additional required information including design. No limit to number of entries per person. The materials submitted in this registration process shall collectively be referred to as “Entry Materials.” Collection of personal information will be in accordance with Sponsor’s Privacy Policy as posted on Website. All Entry Materials (excluding the underlying copyright in such material) become the property of the Spencer Gifts LLC (“Sponsor”) and will not be returned. ANY MAIL-IN ENTRIES SUBMITTED WILL NOT BE ACCEPTED, WILL BE VOID AND AUTOMATICALLY DESTROYED WITHOUT OPENING. Sponsor, its parent companies, subsidiaries, affiliates, partners, distributors, retailers and advertising, promotion, licensing and public relation agencies (collectively, “Contest Parties”) are not responsible for interrupted or unavailable network, server or other connections, computer or software malfunctions or telephone transmission problems or technical failures, garbled transmissions, damage to a user's computer equipment (software or hardware) or other errors or malfunctions of any kind whether caused by computer viruses, worms or bugs, tampering, unauthorized intervention, fraud, equipment, programming used in this Contest, mechanical, electronic or human error or otherwise. By participating, entrants agree to abide by these Official Rules and to the decisions of the Judges, which shall be final and binding in all matters relating to this Contest. Sponsor reserves the right to cancel this Contest at any time.
PRIZES: During the term of this Contest, each month Sponsor shall select up to five (5) design(s) to be featured on tee shirts to be sold on the Website. The entrant who has submitted a design selected by the Sponsor shall receive a prize consisting of a $100 Spencer’s Gift Card and five (5) tee shirts featuring their selected design. The Approximate Retail Value of the prize is $250 US/$330 Canadian. Winner is responsible for all federal, state and local taxes related to acceptance of any prize(s.) Any and all expenses and/or terms not specifically described herein as part of prize are Winner’s sole responsibility. Prize is not transferable. Sponsor reserves the right to substitute a Prize or any portion of Prize with Prize of equal or greater value should Prize be deemed unavailable.
SELECTION/JUDGING: The Contest will be conducted under the supervision of a panel of Judges selected by Sponsor in its sole discretion (“Judges”.) All participating entrants agree to be bound by the Official Rules and the Judges’ decisions, which are final and binding. Selection of a winner will be at the full discretion of the Judges and their decision is final and binding. Prize winners will be notified by phone, mail, direct message and/or email following selection. Failure by a potential winner to respond to such notification within ten (15) business days from the date of the notification will result in disqualification and an alternate winner will be selected. Contest Parties reserve the right to modify the notification procedures in connection with the selection of the alternate winner(s), if any. Acceptance of prize constitutes the winner’s permission for Contest Parties to use such winner’s name, picture, invention, likeness and address for promotional or advertising purposes in connection with this Contest without further compensation or permission except where prohibited by law.
Entrant consents to the use, release, exhibit, depiction, display and reproduction of submitted entries for any ancillary and related commercial purposes (including without limitation, all advertising, publicizing, promotion, merchandising, and exploitation), by any and all media, technology and devices in perpetuity throughout the universe, at no additional charge to Sponsor. Sponsor reserves the right to use all images, texts, artwork submitted by entrant. It is also agreed that no additional payments, residuals, reuse fees, or other compensation shall be made to entrant or any party in connection with the use of the submitted entries. Entry submission shall not be construed to create an employer-employee partnership or joint venture relationship between Contest Parties and entrant.
GENERAL CONDITIONS OF PARTICIPATING/MISCELLANEOUS: By submitting Entry Materials, you agree that these terms and conditions apply to you. Furthermore, you represent and warrant that your Entry Materials are your own original work, and contain no material created by another person or entity and your Entry Materials do not, and will not, infringe on any third party’s intellectual property or other proprietary rights, or rights of publicity or privacy. Entry Materials shall not include any image, text, artwork that will: (i) defame, libel, or violate the right of privacy of any third party; (ii) encourage violence or hate against individuals or groups; (iii) will exploit minors (including but not limited to sexually suggestive images, underage drinking, and/or marijuana use); (iv) display “hard core” illegal substances; (v) violate others based on gender, race, sexual orientation, religion, national origin, disability; (vi) include hate speech or symbolism; and (vii) logos, pictures or designs relating to any professional or college sports team, musical groups or artists, actors, actresses, models, celebrities, or characters.
If selected as a winner, entrant must agree to provide a signed Affidavit of Eligibility and a Liability and Publicity Release, within time limit allotted by Sponsor. In the event of non-compliance, prize may be forfeited and an alternate participant/winner may be selected. Sponsor reserves the right, at its sole discretion, to disqualify any individual or band it finds to be in violation of the Official Rules.
Sponsor will not replace any lost or stolen prize items once in the winner’s possession. Contest Parties shall not be liable to winner or individual claiming through winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, threatened 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 other cause beyond Contest Parties sole control (collectively, “Force Majeure Event”).
By entering, entrant agrees that Contest Parties, their parent companies, subsidiaries, affiliates, partners, retailers, distributors, advertising and promotion agencies, prize suppliers and all of their respective officers, directors, employees, representatives and agents shall have no liability for, and shall be held harmless for and against any damage, loss or injury that may arise in whole or in part, directly or indirectly, from: (i) the acceptance, possession, use or misuse of prize or participation in this Contest; or (ii) printing, distribution or production errors. Contest Parties or their affiliates may rescind any promotion found to contain such errors without liability at their sole discretion. Sponsor makes no warranty, representation or guarantee, express or implied, in fact or in law, relative to the nature of any prizes awarded. Sponsor reserves the right, in their sole discretion to modify, cancel, terminate or suspend this Contest for any reason, including but not limited to a Force Majeure Event (as defined herein), that may impair the administration, security, fairness or proper play of the Contest. In the event of cancellation, termination or suspension, Sponsor, in its discretion, may select winners from eligible, non-suspect entries received prior to event requiring such cancellation, termination or suspension. Contest Parties reserve the right at their sole discretion to disqualify any individual that (i) tampers or attempts to tamper with the entry or voting process or the operations of this Contest in any manner, (ii) violates the Official Rules, or (iii) acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: Any attempt by an entrant or any other individual to deliberately damage or undermine the legitimate operation of this Contest is a violation of criminal and civil laws. Should such an attempt be made, contest parties reserve the right to seek civil and/or criminal prosecution and/or damages from any such person to the fullest extent permitted by law.
JURY TRIAL WAIVER: Except as prohibited by law and as a condition of participating in this Contest, band/entrant hereby waives any right it may have to a trial by jury in respect of any litigation directly or indirectly arising out of, under or in connection with this Contest, any document or agreement entered into in connection herewith and any of the transactions contemplated hereby or thereby.
WINNER LIST & OFFICIAL RULES: For the name of the winner and Official Rules, send a stamped, self-addressed envelope for receipt to: “Shut Up And Make My Tee” Contest Winners, Spencer’s-Marketing, 6826 Black Horse Pike, Egg Harbor Township, NJ 08234-4197.
GOVERNING LAW & JURISDICTION: The conduct of this Contest & the application of these Official Rules shall be governed by the law of the state of New Jersey USA, whose courts shall have exclusive jurisdiction in the event that any dispute arises regarding the Contest or the prize.
SPONSOR: Spencer Gifts LLC, 6826 Black Horse Pike, Egg Harbor Township, NJ 08234