Campus Swipe Off Contest
THESE OFFICIAL RULES ARE A CONTRACT—READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES A RELEASE AND LICENSE FROM PARTICIPANTS, AND A LIMITATION OF CERTAIN RIGHTS AND REMEDIES.
1. Promotion and Sponsor. Participation in the Tinder Campus Swipe Off Contest Promotion (the "Promotion") constitutes each Participant's (as defined below) full and unconditional agreement to these Official Rules. The Promotion is sponsored and administered by Tinder, LLC, 8833 Sunset Boulevard, 4th Floor, West Hollywood, California 90069 ("Sponsor"). All decisions related to these Official Rules by Sponsor are final and binding. While this Promotion may be promoted via social media websites, such websites are not affiliated with Sponsor or this Promotion. This Promotion is in no way sponsored, endorsed or administered by, or associated with any School (as defined below), or with Facebook, Twitter, Instagram, Snapchat or any other site or medium that might host content where information about this Promotion is posted or published (collectively "Content Hosts"). Participants that provide information in connection with this Promotion are providing such information only to Sponsor and not to any School or to Content Hosts.
2. Promotion Period. The Promotion begins at 12:00 p.m. PT on March 27, 2018, and ends at 5:00 p.m. PT on April 17, 2018 (the "Promotion Period"). Sponsor is the official timekeeper of this Promotion. The Promotion Period is divided into six rounds of competition as set forth in Table 1 below.
Begin: 12:00 p.m. PT on March 27, 2018
End: 5:00 p.m. PT on March 29, 2018
No. of Entrants to Advance: 64
Begin: 9:00 a.m. PT on March 30, 2018
End: 5:00 p.m. PT on April 1, 2018
No. of Entrants to Advance: 32
Begin: 9:00 a.m. PT on April 2, 2018
End: 5:00 p.m. PT on April 4, 2018
No. of Entrants to Advance: 16
Begin: 9:00 a.m. PT on April 5, 2018
End: 5:00 p.m. PT on April 8, 2018
No. of Entrants to Advance: 8
Begin: 9:00 a.m. PT on April 9, 2018
End: 5:00 p.m. PT on April 12, 2018
No. of Entrants to Advance: 2
Begin: 9:00 a.m. PT on April 13, 2018
End: 5:00 p.m. PT on April 17, 2018
3. Eligibility. The Promotion is open only to student bodies of accredited four-year colleges and universities with enrollment of at least 5,000 on-campus students, excluding military schools, and located in one of the forty-eight contiguous United States, excluding those within 100 miles of Washington, D.C. (each such college or university, a "School"). Each School student body with at least one Participant (as defined below) is an "Entrant." Each student who, during the Promotion Period, participates in the Promotion, is age 18 or older, maintains a valid and active Tinder account, and is enrolled and in good standing (to the extent known or reasonably discoverable) at a School is a "Participant." Employees or agents of Sponsor or its parent or affiliate companies, vendors, suppliers, consultants, sub-contractors, distributors, legal counsel, or advertising, marketing, public relations, or promotional/fulfillment agencies, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee or agent, are not eligible. Legal entities are not eligible to enter. Participant eligibility is contingent upon agreement to, compliance with, and fulfillment of all requirements of these Official Rules. Participation in the Promotion in any way, including the completion or partial completion of any act of participation in any manner, constitutes Participant's full and unconditional agreement with all provisions of these Official Rules.
If any School becomes involved in any public controversy or scandal that has or may have a negative effect on the business, reputation or the public's perception of Sponsor, as determined in Sponsor's sole discretion, Sponsor may disqualify such School's student body from participation in this Promotion.
4. Method of Entry. During each round within the Promotion Period, each Entrant that qualifies for such round and that has at least one Participant who logs into his or her Tinder account and swipes right on a Tinder user's profile card WHILE SUCH PARTICIPANT IS ON HIS OR HER RESPECTIVE SCHOOL CAMPUS will receive an entry into the Promotion.
5. Conditions of Participation. By participating in this Promotion, each Participant agrees to be bound by these Official Rules and the decisions of Sponsor and its authorized representatives, which are final and binding in all matters concerning this Promotion. Any participation not in accordance with these Official Rules is void.
Participants may be required to provide certain personal information to register a Tinder account (collectively or individually, "Personal Information"). Sponsor is not responsible for erroneous, fraudulent or fake information provided by Participant during the Promotion.
Participation must be by Participant through Participant's valid, active Tinder account. Participation by any other individual or entity, or originating from any other application or website, including without limitation commercial promotion entering service sites, is invalid and will be disqualified from this Promotion. Submitting mass entries generated by an automated program, script, or macro that enables automated swiping on the Tinder platform on behalf of a user, or the use of any other similar device, program, or method to enter this Promotion, is prohibited and will result in disqualification.
In the event of a dispute as to the identity of Participant, the authorized email account holder of the email address associated with the Tinder account used to enter will be deemed to be Participant. The "authorized account holder" of an email address is the natural person assigned to that email address by any organization (business, educational institution, etc.) responsible for assigning accounts to that email address. If the identity of an individual who actually participated in the Promotion cannot be resolved to Sponsor's satisfaction, the affected individual will be deemed ineligible.
Sponsor may, in its sole discretion, disqualify any Participant that it finds to be in violation of these Official Rules, tampering with the operation of the Promotion (including, but not limited to, tampering with websites, email addresses, or Tinder accounts), or acting in a non-sportsmanlike or disruptive manner. Any attempt to undermine the operation of the Promotion may be a violation of criminal or civil law, and Sponsor may seek damages to the fullest extent permitted by law from any person it finds to have made such an attempt.
6. Prize and Prize Conditions. The Entrant that is determined at the end of Round 6 to be the Promotion winner (the "Winner") will receive a live concert event at a venue within 50 miles of the Winner's School campus (the "Prize Concert"). At 9 am PST on April 18, 2018, Sponsor will publish a Promotion-branded profile card on the Tinder platform. Entry into the Prize Concert will be limited to the first 200 students who (1) are eligible as a Participant under these Official Rules; (2) are a member of the student-body-Winner; and (3) swipe right on the Promotion-branded profile card on the Tinder platform and complete the Prize Concert reservation form (each such student, a "Winning Participant"). Approximate value of entry into the Prize Concert is $100 per Winning Participant.
Winning Participants must provide proof of valid and active Tinder account (via mobile phone) and a current, valid student identification card for the School whose student body is the Winner to be admitted into the Prize Concert. Actual value of prize may vary. All additional costs, including, but not limited to ground transportation to and from the Prize Concert venue, gratuities, taxes, and other personal charges not specifically described as part of the prize above are not included in the prize. No compensation or substitution will be provided for any difference in prize value. Sponsor is in no way responsible for any cancellations, delays, postponements, diversions, substitutions, changes in service or accommodations, or any other act, omission, or result thereof, caused by any third party. Entry into the Prize Concert must be accepted as awarded without substitution and is not, in whole or in part, assignable, transferable, or available for resale. Prize has no cash surrender value, except where required by law. Sponsor has made no warranty, representation, or guarantee, express or implied, in fact or in law, with respect to any prize. Prize Concert is subject to availability and Sponsor may substitute the Prize Concert (or any component thereof) with another prize of equal or greater value if the Prize Concert is not available for any reason, as determined in Sponsor's sole discretion. Other prize substitution options are available where required by law. Federal, state, and local taxes and all other costs and expenses associated with acceptance or participation in the prize, but not specified herein as being awarded, are the Winning Participant's sole responsibility. Prize specific terms and conditions apply. If a Winning Participant elects not to partake in any portion of the Prize Concert, any remaining portion of the Prize Concert that is unused will be forfeited and will not be subject to further or additional compensation. Each Winning Participant must have no restrictions on the ability to fully participate in the Prize Concert. Sponsor is not responsible if the Winning Participant is denied entry into, or removed from, any event venue by any third party. In such situation, the Winning Participant will be responsible for all additional costs incurred. Winning Participants must obey all event venue rules and requirements including, but not limited to, the requirement to present valid photo identification upon arrival. Failure to do so may result in non-admission to, or removal from the event venue, and forfeiture of all or part of the Prize Concert.
If the Prize Concert or any component thereof is cancelled or otherwise does not occur for any reason whatsoever, that portion of the Prize Concert will not be awarded, and any value already awarded in connection with that portion of the Prize Concert will be forfeited and no additional compensation will be provided to the Winning Participant. If the Prize Concert or any component thereof is rescheduled or postponed, that portion of the Prize Concert will be awarded to the Winning Participants for the rescheduled date. Any prize details not specified above will be determined by Sponsor in its sole discretion.
Only one Prize Concert will be awarded. In the event that any mistake, failure, or discrepancy causes more than one Prize Concert to be promoted, noticed, or claimed, Sponsor may award only one Prize Concert by evaluating all legitimate, eligible claims in accordance with these Official Rules.
7. Winner Determination and Winning Participant Verification. The processes leading to the selection of each Entrant to qualify for each round, the selection of the Winner, and the selection of each Winning Participant are within the sole discretion of Sponsor. After each round, at least the number of Entrants as set forth in Table 1 with the highest percentage of right swipes in that round by each Entrant's respective Participants will advance to the next round. If less than the number of Entrants set forth in Table 1 for each respective round participate in such round, Sponsor will reduce the number of Entrants that advance to the next round, consistent with the selection criteria set forth above. Sponsor may, in its sole discretion, increase the number of Entrants that advance to each round, consistent with the selection criteria set forth above. The Entrant with the highest percentage of Tinder right swipes during Round 6 will be the Winner. Percentage of Tinder right swipes will be calculated by dividing the total number of right swipes by Tinder users ON EACH RESPECTIVE SCHOOL CAMPUS by the total number of then-enrolled students at such School. Right swipe activity on the Tinder platform will not be rolled over to any remaining rounds within the Promotion Period. After each round, Sponsor will publish on Sponsor's Instagram account feed (@tinder) a list of Entrants that will advance to the next round.
NO RIGHT SWIPES COMPLETED OFF-CAMPUS WILL BE COUNTED, EVEN IF COMPLETED BY AN ELIGIBLE PARTICIPANT. ALL RIGHT SWIPES COMPLETED ON AN ELIGIBLE SCHOOL CAMPUS WILL BE COUNTED.
To be verified as an eligible Winning Participant, each potential Winning Participant must fulfill all requirements and continue to comply with all terms and conditions of these Official Rules and must not be disqualified for any reason. If a potential Winning Participant (1) fails to provide required documentation or fails to comply with these Official Rules; (2) is unable or unwilling to participate in the Prize Concert (or any portion thereof) as stated; or (3) cannot be verified as eligible for any reason at any time before, during, or after the Promotion Period; then the potential Winning Participant is disqualified and forfeits participation in the Prize Concert (or any relevant portion), and an alternate potential Winning Participant will be permitted to participate in the Prize Concert.
Within a reasonable time after the Promotion Period, the Winner's name will be published on Sponsor's publicly-accessible Instagram account feed (@tinder).
8. Limitations of Liability. By entering or participating in this Promotion or any prize in any way, each Participant agrees to indemnify, defend, and hold harmless, and thereby does release and discharge Sponsor, each School, Content Hosts, and each of their respective parent and affiliate companies, vendors, suppliers, consultants, sub-contractors, distributors, legal counsel, and advertising, marketing, public relations, and promotional/fulfillment agencies, and each of their respective parent companies and each such company's officers, directors, employees and agents, as well as the immediate family (spouse, parents, siblings and children) and household members of each such individual (collectively, the "Released Parties") from and against any loss, damage, injury, claim, or cause of action related in any way whatsoever to this Promotion, these Official Rules, or the rights, consents and licenses granted to Sponsor under these Official Rules, including, but not limited to, infringement of any right of publicity or intellectual property; threatened or actual injury, loss or damage to any person, including death and disability; defamation or portrayal in a false light (intentional and unintentional); invasion of privacy; and damage to or loss of property, arising out of such Participant's participation in the Promotion or any prize. In no event will Released Parties be responsible or liable for any damages or losses of any kind, including indirect, incidental, consequential or punitive damages arising out of this Promotion. (Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties. Check local laws for restrictions regarding these limitations or exclusions.)
Participants waive any right to claim ambiguity in these Official Rules. The Released Parties are not responsible for: (1) technical failures of any kind; (2) incorrect or inaccurate information, whether caused by Participants, any internet or email service provider, any promotional or advertising agency, computing errors, or by any of the equipment or programming associated with or utilized in the Promotion; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error that may occur in the administration of the Promotion, the processing or calculation of swipe right activity or the announcement or notification of the advancing Entrants, the Winner, the Winning Participants, or any prize; (5) any injury or damage to persons or property, including without limitation computers, phones, and tablets, that may be caused, directly or indirectly, in whole or in part, by Participant's participation in the Promotion or access to the Promotion materials; or (6) any other errors in any materials, information or announcements associated with the Promotion.
EACH PARTICIPANT WAIVES CALIFORNIA CIVIL CODE § 1542 (AND ALL SIMILAR LAWS OF ANY STATE OR TERRITORY OF THE UNITED STATES), WHICH READS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” EACH PARTICIPANT REPRESENTS AND WARRANTS FULL UNDERSTANDING OF, AND ACKNOWLEDGES THE SIGNIFICANCE AND CONSEQUENCE OF, WAIVER OF CALIFORNIA CIVIL CODE § 1542 (AND ALL SIMILAR LAWS OF ANY STATE OR TERRITORY OF THE UNITED STATES).
9. LICENSE FROM PARTICIPANT. To the extent allowed by law, participation in the Promotion in any way and/or acceptance of, or participation in, any prize constitutes each Participant's consent for, and grant of a non-exclusive, sub-licensable and assignable license to Sponsor to use, publish, post, or display Participant's name, likeness, photograph, voice, opinions, statements, prize information, biographical information, and hometown and state, regardless of whether altered, distorted, or used alone or with other material, in Sponsor's sole discretion, for promotional, advertising, trade, and publicity purposes in any medium now known or later discovered, worldwide and in perpetuity, without review or approval, and without further notice, payment, or consideration of any kind.
All rights, consents and licenses granted to Sponsor under these Official Rules will survive the termination of this Promotion. Such consents and licenses may only be revoked in writing, and the mere ending of this Promotion or Promotion Period is not sufficient to revoke such consents or licenses.
10. Right to Modify or Cancel. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event any provision is found invalid or unenforceable, these Official Rules will otherwise remain in effect in accordance with their terms as if the invalid or unenforceable provision was never included. Sponsor's failure to enforce any provision of these Official Rules does not constitute a waiver of that provision.
Sponsor may cancel, suspend or modify the Promotion or any part of it, in any way, if Sponsor determines in its sole discretion that the Promotion is not capable of executing as Sponsor intended, or that any mistake, clerical, or typographical error, omission, fraud, technical failure, tampering, computer virus, or other factor, technical or otherwise, beyond Sponsor's reasonable control, impairs or may impair Sponsor's ability to properly conduct the Promotion, subject to any applicable law or regulation.
In the event of an inconsistency between these Official Rules and any disclosure or other statement contained in any Promotion-related materials, including, but not limited to, a Promotion entry form or any point-of-sale, radio, television, print, or online advertising, these Official Rules will prevail and govern.
11. Disputes. Except where prohibited by law, each Participant agrees that: (1) all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded will be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court located in Dallas County, Texas; and (2) all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys' fees. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights or obligations of Participants or Sponsor in connection with the Promotion, are governed by and construed in accordance with the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules that would cause the application of the laws of any other jurisdiction.