BrokeButBali Official Rules
NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.
Broke but Bali Contest (the “Contest”) begins on or about 12:00:00 AM EST January 27, 2020 and ends at 11:59:59 PM February 9th, 2020 EST (the “Promotion Period”). During the Promotion Period, entrants will have the opportunity to submit a photo, gif, or video (collectively, a “Submission”). Suggestions for videos include: A personal video or an edited video telling us why you’re the brokest college student and why you deserve to win a trip to Bali this summer. Creativity is encouraged. The requirements for the Submission are more fully set forth below. One week (7) days after the Promotion Period, between three (3) and five (5) Finalists will be selected from the eligible Submissions received as more fully set forth below. One (1) Grand Prize Winner will be selected through a Voting Period as fully set forth below. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of StudentUniverse.com Inc., 130 Turner St., Suite 530, Waltham, MA 02453 (“Sponsor”) which shall be final and binding in all respects. By submitting the information, the entrants agree to be bound by these Official Rules.
Only legal residents (including those on valid visas) of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older at the time of entry and are currently enrolled and active students are eligible to enter. Officers, directors and employees of StudentUniverse, and its parents, subsidiaries, affiliates, members, distributors, retailers, sales representatives, advertising and promotion agencies (all such individuals and entities referred to collectively as the “Promotion Entities”), and each of their immediate family members and/or people living in the same household are NOT eligible to enter the Contest or win a prize. This Contest is void where prohibited.
HOW TO ENTER:
For instructions on how to enter, visit the web site www.studentuniverse.com (the “Website”) and follow the instructions to create and enter your Submission.
In addition, the Submission must meet with technical specifications provided on the Website and comply with the following “Submission Requirements”: (i) One photo, gif or video (ii) the Submission must be less than ninety (90) seconds in length and video should be 5GB or less, and formatted using a recommended file type (MOV, MPEG, AVI, or MP4) and containing the entrant with the theme of why you are the brokest college student and should win a trip to Bali (iii) the Submission must tag @studentuniverse and tag one other friend and include #BrokeButBali; entrant must also be a follower of @studentuniverse to be eligible to win (iv) the Submission must be the submitting entrant’s original, previously unpublished work and not feature or focus on any material owned or controlled by third parties (including without limitation, third party copyrighted material); (v) the entrant must provide upon request all appropriate clearances, permissions and releases for the Submission (in the event an entrant cannot provide all required releases, Sponsor reserves the right, in Sponsor’s sole discretion, to disqualify the applicable Submission, or seek to secure the releases and clearances for Sponsor’s benefit, or allow the applicable Submission to remain in Contest); (vi) the Submission must not include images that are obscene, pornographic, libelous or otherwise objectionable or contain content that is like to be considered offensive by Sponsor or could reflect negatively on the name, reputation or goodwill of the Sponsor and/or its affiliates; and (vii) the Submission must not infringe or violate the rights of any third party, including but not limited to, copyrights, trademarks, patents, trade secrets, logos, contract and licensing rights, rights of publicity or privacy, moral rights, or any other intellectual property rights.
Any Submission that, in Sponsor's good faith judgment, violates the Submission Requirements will be disqualified. Submissions must be received by the end of the Promotion Period. The Website database clock will be the official timekeeper for this Contest. Limit one (1) Submission per person. No substitutions of new versions of Submissions will be accepted under any circumstances once the original Submission is submitted for consideration. Any Submission that is considered by Sponsor in its sole and absolute discretion to be in violation of the Submission Requirements or obscene, pornographic, libelous, hate speech or otherwise objectionable, in whole or in part, will be disqualified and will not be eligible for entry.
WINNER SELECTION AND NOTIFICATION:
Within seven (7) days following the expiry of the Promotion Period, the Sponsor shall select three (3) to five (5) finalists (the “Finalists”) from all eligible Submissions received during the Promotion Period based upon the following criteria: (i) completeness of Submission Requirements; (ii) Overall creativity, originality and humor of the entrant’s video, specifically in keeping with the theme of Broke but Bali; and (iii) Grammar, flow, style, and punctuation of the post caption, (collectively, the “Judging Criteria”). Sponsor reserves the right to not select any Submission during the Promotion Period if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions as outlined herein. Although Sponsor selects the Finalists of the Contest, Sponsor is in no way obligated to use the Finalists’ Submissions in any advertising material. The Sponsor's decisions are final and binding in all matters relating to this Contest.
After the finalists are selected, all finalist submissions will be posted at www.studentuniverse.com/brokebutbali for a voting period. The Voting Period begins on or about 12:00:00 PM EST February 18, 2020 and ends at 11:59:59 PM February 23rd, 2020 EST. After the Voting Period is complete, one Potential Winner will be selected based on the following criteria: (i) the Finalist submission that received the most votes during the Voting Period.
After the Potential Winner is selected, they shall be contacted through direct message to the instagram account that submitted the entry. The Potential Winner must respond via the instructions provided by the direct message within 48 hours of the notification attempt. If the Potential Winner cannot be contacted, does not respond within 48 hours from the time the Sponsor first tries to notify Potential Winner, and/or if the prize notification is returned as undeliverable, such Potential Winner will forfeit all rights to win the Contest or receive the prize. If so, an alternate Potential Winner may be selected at the Sponsor's discretion. If the Potential Winner responds in a timely and proper manner, the Potential Winner may be asked to sign and properly execute the following documents and return them via email or facsimile (and subsequently by mail or email per instructions to be provided) to Sponsor or its affiliated companies within seven (7) days of notification: (1) a Potential Winner Copyright Transfer Agreement/Photo Release; (2) an Affidavit/Declaration of Eligibility and Liability Waiver; (3) IRS W9 Tax Form or W-8BEN Tax Form and (4) where lawful, a Publicity Release (collectively, “Prize Claim Documents”). If any Prize Claim Documents sent by any means are returned as undeliverable or if a contacted Potential Winner fails to properly execute and return all documents described herein in the time noted, or if a Potential Winner is found not to be eligible or not in compliance with these Official Rules, the Potential Winner and associated Submission will not be considered and no prizes will be issued to the Potential Winner. If the Potential Winner fulfills all the requirements listed in these Official Rules in a timely manner, the Potential Winner shall be deemed a "Grand Prize Winner" and be awarded any Prizes that he or she may be eligible for.
The “Submission Requirements” provided at entry will be verified for validity. If any of the “Submission Requirements” is deemed to be invalid, the Potential Winners forfeit prize. In the event that a Potential Winner of any prize is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by choosing from among all remaining eligible entries and Submissions. There will be three (3) alternate drawings after which the prize will remain un-awarded.
The Grand Prize Winner will be announced on the Website on or before February 28, 2020 and notified by e-mail, telephone and/or mail using the contact information provided at the time of entry. Sponsor shall have no liability for any Grand Prize Winner notification that is lost, intercepted or not received by the potential Grand Prize Winner for any reason. If a potential Grand Prize Winner does not respond within the time required by Sponsor, or if the notification is returned as unclaimed or undeliverable to any potential Grand Prize Winner, such potential Grand Prize Winner will forfeit his or her potential prize and an alternate Grand Prize Winner may be selected.
Grand Prize: One (1) Grand Prize is available. Includes $500 AirBnb giftcard, two (2) Grayl water purifiers, one (1) Skyroam wifi device, and one StudentUniverse promo code applicable for 2 roundtrip flights to Bali of a total value no more than $3,000 USD. Promo code must be used to book travel by December 31, 2020. Promo code is non-transferable and has no cash redemption value. United States government taxes/security/airport fees are the responsibility of the individual prizewinner. Excess baggage fees and any additional products or services will be charged the current applicable fees. Once ticketed, any fees incurred for changes to the itinerary will be paid by the winner.
The Grand Prize may be subject to additional requirements, and terms and conditions of the partners giving away the Grand Prize. Flights and accommodations will be booked by the winner through the StudentUniverse.com or Customer Service department available at 1-800-272-9676 or email@example.com.
GENERAL PRIZE CONDITIONS:
The Sponsor decisions are final and binding in all matters relating to this Contest, including interpretation and application of these Official Rules, without prejudice of any claim that could be filed before the court. No cash alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prizes of comparable value if any prize listed is unavailable, in whole or in part, for any reason. Prizes will be awarded only if the potential prize winner fully complies with these Official Rules. All portions of the prize(s) cannot be substituted and are non-assignable and non-transferable. Any prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Contest materials are for illustrative purposes only. All details and other restrictions of the prize(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion. Each Grand Prize Winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. The prize cannot be used in conjunction with any other Sponsor or third party discounts or special offers. Should the value of any prize be less than the value stated, the difference will not be awarded in cash or in kind.
Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Contest. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
CONDITIONS ON PARTICIPATION IN THE GRAND PRIZE:
The Grand Prize to be awarded in this Contest may involve a trip that may involve circumstances or activities that are considered dangerous. As part of the Prize Claim Documents, the Grand Prize Winner will be required to sign additional release documentation acknowledging and accepting the actual or potential risk of death or injury that may result from completing the Trip, and assuming all risks and releasing the Sponsor from any and all liability of any kind. If the Grand Prize winner should, prior to or during the Trip, commit any act which is antithetical to Sponsor or its productions or which brings the Grand Prize winner or Sponsor into public disrepute or scandal, or which shocks, insults or offends a substantial portion or group of the community or reflects unfavorably on the Grand Prize winner or Sponsor, Sponsor may, in addition to and without prejudice to any other remedy of any kind or nature set forth herein or otherwise available, withhold the Grand Prize grant and/or terminate the Trip. Without limiting the generality of the foregoing, Grand Prize winner shall refrain from publicly making any disparaging or unfavorable comments about Sponsor or its productions both during and after the Trip. Further, during Grand Prize winner’s Trip and any Grand Prize-related activities, the Grand Prize winner may not (a) carry weapons of any kind (including, without limitation, firearms and knives); (b) use illegal drugs or prescription medication without a valid prescription; and/or (c) consume more than a reasonable amount (as determined by Sponsor in its discretion) of alcoholic beverages.
REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION:
Each person who enters this Contest represents and warrants as follows: (i) the Submission is the entrant’s own original, previously unpublished, and previously unproduced work; (ii) the Submission does not contain any computer virus (as applicable), is otherwise uncorrupted, is wholly original with entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any third party; and (iv) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each entrant hereby agrees to indemnify and hold the Promotion Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.
GRANT OF RIGHTS:
For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, each entrant into the Contest hereby irrevocably grants Sponsor, its successors and assigns, a non-exclusive license (but not the obligation) to reproduce, publicly perform, stream, exploit and otherwise use the Submission throughout the universe, in perpetuity, for any reason whatsoever, in any and all media, throughout the universe in perpetuity, without further notice to, consent by, or payment to entrant. Without in any way limiting the foregoing, Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein. Sponsor shall have the right to freely assign its rights hereunder, in whole or in part, to any person or entity. Sponsor shall retain the rights granted in each Submission even if the Submission is disqualified or fails to meet the Submission Requirements. If under applicable law the foregoing is not effective to place authorship and ownership of the Results and Proceeds and all rights therein in Sponsor, then by way of assignment and transfer of present and future copyright and otherwise, the Grand Prize shall irrevocably grant, transfer, sell and assign to Sponsor, all of the Grand Prize winner’s right, title and interest therein. By entering the Contest, each entrant acknowledges and agrees that their Submission may be featured on Sponsor (and Sponsor’s assigns) social media, Website and editorial websites.
By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in or winner of the Contest, each entrant irrevocably grants the Promotion Entities and their respective successors, assigns and licensees, the right to use such entrant’s name, likeness, biographical information and Submission, and any individual(s) participating therein, in any and all media for any purpose, including without limitation, blogging, advertising and promotional purposes as well as in, on or in connection with the Website or the Contest or other promotions, and hereby release the Promotion Entities from any liability with respect thereto. Without limiting the foregoing, the Grand Prize Winner agree that his/her details may be used in post-event publicity including blogging on the Sponsor’s preferred blogging system before, during and/or after the Trip. The Grand Prize Winner may need to complete a trip report plus an interview with the Sponsor upon their return; this must be completed within two (2) weeks of return from the Trip.
GENERAL LIABILITY RELEASE/FORCE MAJEURE:
Entrants agree that the Promotion Entities (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Contest or any Contest-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made 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. Sponsor assumes no responsibility for any damage to an entrant’s, or any other person’s, computer system which is occasioned by accessing the Website or otherwise participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. Sponsor reserves the right to modify, extend, suspend, or terminate the Contest if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Contest as contemplated herein. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes 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, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend or terminate the Contest. If the Contest is terminated for Force Majeure before the designated end date, Sponsor will (if possible) select the Finalists and Grand Prize Winner from all eligible, non-suspect Submissions received as of the date of the event giving rise to the termination. Only the type and quantity of prizes described in these Official Rules will be awarded. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
RELEASE AND LIMITATIONS OF LIABILITY:
The Sponsor will not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with the prize except for any liability, which cannot be excluded by law (in which case such liability is limited to the maximum extent allowable by law). The Sponsor will not be responsible for any incorrect, inaccurate or incomplete information communicated in the course of or in connection with the Contest if the deficiency is occasioned by any cause outside the reasonable control of the Sponsor including without limitation technical malfunctions or failures. Tax implications may arise from the receipt or use of a prize. Independent financial advice should be sought.
NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF:
Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Promotion Entities is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the entrant’s Submission to Sponsor for purposes of the Contest does not place the Promotion Entities in a position that is any different from the position held by members of the general public with regard to elements of the entrant’s Submission. Each entrant understands and acknowledges that the Promotion Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of any Promotion Entity’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Promotion Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of a Promotion Entity’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief and entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
NO OBLIGATION TO USE:
Sponsor shall have no obligation (express or implied) to use any Submission or any materials or content created by the Grand Prize Winner during his or her Trip (the “Materials”), or to otherwise exploit any Submission or Materials or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the Submission or Materials for any reason, with or without legal justification or excuse, and contestants shall not be entitled to any damages or other relief by reason thereof.
DATES & DEADLINES/ANTICIPATED NUMBER OF CONTESTANTS:
Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Sponsor cannot accurately predict the number of entrants who will participate in the Contest.
If Sponsor shall desire to secure additional assignments, releases from third parties appearing in the Submission, or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each entrant agrees to sign the same upon Sponsor’s request therefor.
ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE COMMONWEALTH OF MASSACHUSETTS WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
By participating in this Contest, each entrant agrees: (i) that any and all disputes the entrant may have with, or claims entrant may have against, the Promotion Entities relating to, arising out of or connected in any way with (a) the Contest, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in the Commonwealth of Massachusetts; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Contest; (v) the arbitrator shall apply the Commonwealth of Massachusetts law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor; (viii) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD, and entrant is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on entrant’s behalf, subject to ultimate allocation by the arbitrator; (ix) if the entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (x) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
WINNER’S LIST/OFFICIAL RULES:
To obtain a copy of any legally-required winners list or a copy of these Official Rules, send a self-addressed stamped envelope to: StudentUniverse.com Inc., 130 Turner St., Suite 530, Waltham, MA 02453. All such requests must be received within six (6) weeks after the end of the Promotion Period. These Official Rules will be posted on the Website during the Promotion Period. In addition, if you have any Contest related questions, please e-mail: firstname.lastname@example.org.