Contest Rules

Recharge PC LLC Grad Walk 2020 Contest
Official Contest Rules

 

NOTE: This Contest has been updated as of May 13, 2020 to add an additional method of entry and provide additional information. All changes are noted here: https://cdn.shopify.com/s/files/1/0267/3537/8492/files/GradWalk2020RevisedRules_051320.pdf?v=1589460049.

NO PURCHASE NECESSARY. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID OUTSIDE THE CONTINENTAL UNITED STATES AND WHERE PROHIBITED BY LAW. 

YOU MUST HAVE A TIKTOK® OR FACEBOOK® ACCOUNT TO PARTICIPATE IN THIS CONTEST.

1. OVERVIEW:  The Recharge PC LLC Grad Walk 2020 Contest (“Contest”) is sponsored by Recharge PC LLC (“Sponsor”). The Contest provides eligible entrants (each an “Entrant”) the chance to win the Prize(s) as outlined and defined below. By entering or participating in the Contest, Entrants agree to be bound by these Official Rules and by the decisions of the Sponsor, which are final and binding in all respects. You are providing your information to Recharge PC LLC and the information you provide will only be used in accordance with Recharge PC LLC privacy policies, which may be found at: http://www.rechargepc.com/footer/privacy-policy.html

Contest is in no way sponsored, endorsed, promoted or administered by, or associated with TikTok, Inc. or Facebook, Inc.

2. ELIGIBILITY:  The Contest is open only to individuals who, as of the time and date of entry, are: (a) permanent, legal residents of one (1) of the forty-seven (47) states of the United States or the District of Columbia (void in Rhode Island, Puerto Rico, Hawaii, Alaska, all U.S. territories and possessions, and all overseas military installations); and (b) are 18 years of age or older and the age of majority in their jurisdiction of residence. Entrants must maintain access to the Internet throughout the Contest Period (as defined below).

By participating in the Contest, each Entrant represents and warrants that he or she meets these eligibility requirements and has read, accepted, and will comply with these official rules (the “Official Rules”), and acknowledges that any violation of these Official Rules may disqualify Entrant from the Contest. You are only eligible to win a prize if you have not previously won a Recharge PC-sponsored Contest in the ninety (90)-day period immediately preceding the date of the prize drawing.

3. CONTEST PERIOD: Contest period: The Contest entry period begins on Friday, May 1, 2020 at 8:00:00 a.m. Eastern Standard Time ("EST") and ends on Sunday, May 31, 2020 at 11:59:59 p.m. EST (the "Entry Period"). Recharge PC's computer server is the official time-keeping device for the Contest.

4. HOW TO ENTER: There are two ways to enter the Contest during the Entry Period:

(1) By uploading an entry to your personal TikTok account;

(2) By “liking” and commenting on Sponsor’s Facebook Post

  • TikTok entry method

    • post an original video to your TikTok account showing your child’s school spirit and pride by performing his or her graduation walk,

      • To be eligible:

        • You must be the parent or legal guardian of the student appearing in the uploaded entry video;

        • The student depicted in the entry video must be enrolled as a full-time student during the 2019-20 school year and must graduate or be promoted to another grade at the end of this school year

    • include the hashtags #RechargePCGradWalk and #Contest in the caption of your post

    • You must have the TikTok App in order to enter; this app is free to download and use.

    • You may enter via the TikTok method of entry as often as you wish.

  • Facebook entry method

    • Visit Sponsor’s Facebook page at https://www.facebook.com/rechargepc;

    • Locate the Contest post (the “Post”)

    • Like” the Post and leave a comment

      • Include the hashtags #RechargePCGradWalk and #contest in your comment

    • By completing the above steps, you will receive one (1) entry into the Contest

    • Limit one entry per person via the Facebook method of entry

    • You must have a Facebook account to enter via this method. Facebook is free to download and use. Your Facebook account settings must be adjusted to receive direct messages from Sponsor.

Entries submitted in compliance with the foregoing and all other terms in these Official Rules are hereafter “Entries” or, individually, an “Entry

To enter the Contest via either method, all entries will be subject to confirmation of eligibility. Sponsor will have complete discretion over interpretation of the Official Rules, of administration of the Contest, and of selection of Winners (defined below). Decisions of the Sponsor as to the administration of the Contest, interpretation of the Official Rules, and the selection of the Winner will be final and binding in all respects on all entrants. All Entrants must have a valid e-mail address. Those who do not follow all of the instructions for entry or abide by these Official Rules or other instructions of Sponsor may be disqualified at Sponsor’s sole and absolute discretion. All Entries that are late, illegible, incomplete, damaged, destroyed, forged, or otherwise not in compliance with the Official Rules may be disqualified from the Contest at Sponsors’ sole and absolute discretion.

By entering, you agree to TikTok’s terms of service (https://www.tiktok.com/legal/terms-of-use?lang=en) and privacy policy (https://www.tiktok.com/legal/privacy-policy?lang=en), and/or Facebook’s terms of service (https://www.facebook.com/legal/terms) and privacy policy (https://www.facebook.com/privacy/explanation), as applicable.

REQUIRED REPRESENTATIONS AND WARRANTIES: You must meet all of the following as applicable to your Entry. Failure to do so may result in your disqualification. By entering, you represent and warrant with regard to your Entry:

(i) It is your own original work or you must have all the rights necessary to post or re-post the content. Each Entry must not contain any material that would violate or infringe upon the rights of any person or entity, including without limitation copyrights, trademarks or rights of privacy or publicity, or that is defamatory, threatening, indecent, obscene or offensive, or that is unlawful, in violation of or contrary to any applicable laws or regulations, or which requires a license from any third party.

(ii) You have the express written consent of any identifiable persons appearing or referenced in your Entry or entries to their persona (as defined below) being used in the ways set out in these Official Rules, including Sponsor’s right to use your Entry or entries for any future commercial purpose without restrictions. Upon request, you will obtain written consent of any such persons for Sponsor in the form identified by Sponsor. If any person appearing in any Entry is under the age of majority in their jurisdiction of residence, the written consent and signature of a parent or legal guardian is required.

(iii) the Entry does not include any unauthorized music or reference any person other than entrant or entrant’s child, or any names, products or services of any company or entity or any third-party trademarks, logos, copyrights, trade dress or promotion of any brand, product, or service.

(iv) Your Entry is appropriate for public viewing. Without limiting the foregoing, your Entry is not lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, or otherwise contain content which Sponsor in its sole discretion decides is inappropriate or objectionable. Your Entry or entries must also not disparage or cast a negative light on any person, entity, or brand, product, or service.

(v) Your Entry complies with all of Sponsor’s and (as applicable) TikTok and Facebook’s requirements and terms regarding the use of their services.

Sponsor reserves the right in its sole discretion to not consider any Entry for the Contest if it believes the Entry violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these Official Rules. You agree to reimburse Sponsor in full in respect of any losses, damages, and expenses, including reasonable legal fees (including, where permitted, reasonable attorney fees) that they may sustain from the breach of a representation or warranty made by you or the use of any rights granted by you to Sponsor hereunder. By entering, you warrant that your Entry or entries comply with the requirements set out above including those at (i)–(v) above.

5. WINNER SELECTION AND PRIZES: Winner Selection and Notification: There will be thirty-one (31) selections to award thirty-one (31) individual prize winners. The potential winners will be selected by Recharge PC in thirty-one (31) random drawings from among all eligible entries submitted on or about Monday, June 1, 2020.

Odds of winning depend on number of eligible entries received.

Prize Description: The potential winners will receive the following prizes:

  • Gift card (ranging in value from $5 to $15

    • Gift card issuer determined in Sponsor’s sole discretion.

    • Gift cards subject to terms and conditions of gift card issuer(s).

    • Thirty (30) winners will receive one (1) gift card each

    • Maximum approximate retail value (“ARV”) of all gift card prizes: $450

  • Apple iPad

    • One (1) winner

    • ARV: $550

6. PRIZE CONDITIONS: Sponsor will not replace any lost or stolen Prizes. Prizes are non-transferable, and cash redemptions, equivalents, or substitutions are not available, except at Sponsor’s sole and absolute discretion. Prize details and availability are subject to change, and in the event that Sponsor is unable to provide the Winner with the Prize, Sponsor may elect, at the Sponsor's sole and absolute discretion, to provide Winner with the ARV of such item in cash or award an alternate prize of comparable or greater value. Prizes may be fulfilled by a third party. If applicable, each Prize Winner bears all risk of loss or damage to Prize after it is placed by Sponsor with a third-party common carrier for shipment to Winner. If applicable, any Prize elements will be shipped only to an address in the United States. Each Winner will be solely responsible for all federal, state and local taxes, and for any other fees or costs associated with the Prizes they receive regardless of whether the Prizes are used. The stated ARV of the Prizes is based on available information provided to Sponsor. The value of any Prizes awarded to a Winner will be reported for tax purposes as required by law. If the actual retail value of any Prize is $600 or more, Recharge PC will issue an IRS Form 1099 in the name of Winner for the actual value of the Prizes received, and Winner will be required to supply Sponsor with his/her social security number for tax purposes and may be required to complete additional documentation. Any unclaimed Prizes will be forfeited, including Prizes that are unable to be claimed due to unsuccessful efforts of a Winner to provide signed parental or guardian consent. Each Prize, if legitimately claimed, will be awarded by Recharge PC. Sponsor is not responsible for and will not replace any lost, mutilated, or stolen Prizes or any Prize that is undeliverable or does not reach the Winner because of an incorrect or changed address. If a Winner does not accept or use the entire Prize, the unaccepted or unused part of the Prize will be forfeited, and Sponsor will have no further obligation with respect to that Prize or portion of the Prize.  

7. WINNER DETERMINATION, NOTIFICATION, & PRIZE CLAIMING: Sponsor will select the Winners at random. Each potential Winner will be notified that they are a potential Winner of the Contest by a push-notification delivered on the TikTok App (“Notification”) or via direct message on Facebook (as applicable) after the Contest Period. Sponsor is not responsible for and will not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential Winner. When the potential Winner is contacted, he/she will be required to respond to the Notification within 5 business days providing his/her e-mail address for further verification. Sponsor will subsequently contact each potential Winner at the e-mail address provided by potential Winner asking whether he/she accepts the Prize. If no response is received within 5 business days, an alternate Winner will be selected by random drawing from among the remaining non-winning entries.

8. PUBLICITY RELEASE & LICENSE RIGHTS: Subject to applicable law, Winner, irrevocably grants to Sponsor, and each of its licensees, and its and their successors, assigns, and sublicensees, the right and permission to use his/her name (except where prohibited by law), voice, likeness, or information submitted with the Entry for advertising, promotional, and publicity purposes in connection with the Contest, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising, and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice, or consideration except for the awarding of the Prize to the Winner. As a condition of entry into the Contest, and by submitting an Entry into this Contest, except where prohibited by law, each Entrant grants to Sponsor a non-exclusive, unrestricted, unconditional, unlimited, transferable, sublicensable, irrevocable, royalty-free, worldwide license to archive, copy, cache, encode, store, reproduce, record, sell, sublicense, distribute, transmit, broadcast, synchronize, adapt, edit, modify, publicly display, publicly perform, publish, republish, promote, exhibit, create derivative works based upon, and otherwise use Entrant’s Entry, other submitted information, and the video submitted by Entrant (collectively, “Licensed Rights”) in all formats, on or through any means or media now known or hereafter developed, and with any technology or devices now known or hereafter developed, without additional review, compensation, permission or approval. This license includes the right for Sponsor to use the Entry for the Contest and activities surrounding the promotion and marketing of the Contest, including announcing the Winner on Sponsor’s respective websites, on TikTok or Facebook, and in other marketing materials at Sponsor’s discretion. Further, by entering, you hereby waive any moral rights you may have in any Entry in favor of the Sponsor.

9. GENERAL RULES: Sponsor reserves the right to change, add to, delete, suspend, or terminate these Official Rules, the Contest, and the Prizes. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand. If we decide not to enforce any term of these Official Rules, that will not constitute a waiver of that term. Sponsor is not responsible for lost, misdirected, misplaced, tampered with, deleted, or invalid entries. Sponsor reserves the right to disqualify any Entrant found to be, or suspected of: (a) tampering with the entry process or the operation of the Contest; (b) acting in violation of these Official Rules; or (c) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person. 

10. ENTRANT OBLIGATIONS (WAIVERS, DISCLAIMERS, & RELEASES): By participating in the Contest, you agree, to the extent permitted by law, to indemnify, defend, and hold harmless Sponsor TikTok, Inc., Facebook, Inc., and their affiliates, directors, officers, stockholders, employees, licensors, and agents (collectively, “Released Parties”), from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your participation or attempt to participate in the Contest; (b) any Prize or Prize-related activities (whether to you or your property, or to any other person or any other person’s property), related to participation in the Contest; (c) any non-compliance by the you with these Official Rules; (d) claims brought by persons or entities other than the parties to these Official Rules arising from or related to your involvement with the Contest; acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in this Contest; any malfunction, error or other problem arising in connection with the collection, processing, or retention of entry information; or any typographical or other error in the printing, offering or announcement of any prize or winner); (e) arising out of any violation of rights of publicity or privacy, claims of defamation or portrayal in a false light; or (f) based on any claim of infringement of intellectual property. You assume all liability for any injury, death, or damage caused, or allegedly caused, by participating in this Contest or use or redemption of a Prize. We try to keep the services up and running and free of annoyances. But we make no promises that we will succeed.  All federal, state, and local laws and regulations apply. Sponsor is not responsible for lost, late, illegible, incomplete, damaged, corrupted, mutilated, misdirected, misdelivered, undelivered, blocked or delayed entries or other communications, or for technical or human errors, delays or failures of any kind in connection with the submission, transmission, processing, storage or selection of entries, including, without limitation, any malfunctions or failures of computer hardware, computer software, networks or telephone equipment, any data loss or corruption, or any technical problems or traffic congestion on the Internet or at any website or any combination thereof.

THE RELEASED PARTIES DO NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY TECHNICAL PROBLEMS OR MALFUNCTIONS WHICH MAY AFFECT THE OPERATION OR YOUR EXPERIENCE WITH THE CONTEST. THE SERVICES AND THE PRIZE(S) ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND, TO THE EXTENT PERMITTED BY LAW, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.  

11. GOVERNING LAW & LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of Entrants, Sponsor, or the Released Parties in connection with the Contest, will be governed by and construed in accordance with the laws of the Commonwealth of Kentucky, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws. BY ENTERING THE CONTEST, YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD PARTY, OUT-OF-POCKET COSTS INCURRED AND WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND (B) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, MULTIPLE, OR SPECIAL DAMAGES, LOST PROFITS, OR ANY OTHER DAMAGES.   

12. INFORMATION SUBMITTED: As a condition of entering the Contest, Entrant gives consent for Sponsor to obtain and deliver Entrant’s name, address and other information to third parties for the purpose of administering this Contest and to comply with applicable laws, regulations and rules. Any information Entrant provides to Sponsor will be used consistent with Sponsor’s privacy policy (https://rechargepc.com/pages/privacy-policy) and may be used to communicate with Entrant in relation to this Contest or on a Contest Winners list.   

13. MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules, the Prize Acceptance Release will not affect the validity or enforceability of any other provision. If any provision of the Official Rules or Prize Acceptance Release is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision did not exist. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference. If there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials or terms, or in these Official Rules, the Official Rules will control, and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.

14. SPONSOR: This Contest is sponsored by Recharge PC LLC, 5796 Constitution Drive, Suite B, Florence, KY 41042. Reference to third parties in connection with Prizes or third-party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship, or affiliation with the Contest Entity or the Contest.    

15. LIST OF CONTEST WINNER/OFFICIAL RULES REQUESTS: To receive a list of Contest Winners or a copy of these Official Rules, send a stamped self-addressed envelope to: Recharge PC LLC, 5796 Constitution Drive, Suite B, Florence, KY 41042, Attn: #RechargePCGradWalk Contest (after June 5, 2020). 

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