Terms of Service
Terms of Service
Last Updated: December 11, 2020
1. Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND RTB THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 18 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).
3. Changes to Terms or Services. We may update the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the updated Terms on the Site or through other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, except as otherwise provided in Section 18(e) “Effect of Changes on Arbitration,” you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
4. Who May Use the Services?
(a) Eligibility. You may use the Services only if you are 18 years or older and capable of forming a binding contract with RTB and are not barred from using the Services under applicable law.
(b) Registration and Your Information. If you want to use certain features of the Services you’ll have to create an account (“Account”). You can do this via the Site or through your account with certain third-party social networking services such as Facebook or Twitter (each, an “SNS Account”). If you choose the SNS Account option we’ll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.
(c) Accuracy of Account Information. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
5. Using the Services. The Services include content, retail services and other online offerings. The Services may include advertisements and sponsorships and customized messaging, the availability of which enables delivery of aspects of the Services. You are responsible for your use of the Services. Any use or reliance on any content posted via the Services is at your own risk.
6. Feedback. We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at email@example.com. If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
7. Payments. You may have the opportunity to purchase products through the Services. The terms of sale made available to you in connection with your transaction will apply to your purchase.
8. Content Ownership, Responsibility and Removal.
(a) Definitions. For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content.
(b) Our Content Ownership. RTB does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, RTB and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
(c) Rights in User Content Granted by You. By making any User Content available through the Services you hereby grant to RTB a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services and Content to you and to other Account holders. If you delete your Account, any User Content submitted through the Services may still be viewable or available, although upon deletion of your Account, RTB will anonymize your User Content.
(d) Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by RTB on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. We may, but are not obligated to, backup your Account and/or User Content. You are solely responsible for creating backup copies of your User Content. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
(e) Rights in Content Granted by RTB. Subject to your compliance with these Terms, RTB grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to view, the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
9. Rights and Terms for Apps.
(a) Rights in App Granted by RTB. Subject to your compliance with these Terms, RTB grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. RTB reserves all rights in and to the App not expressly granted to you under these Terms.
(b) Accessing App from App Store. The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:
These Terms are concluded between you and RTB, and not with the App Provider, and RTB (not the App Provider), is solely responsible for the App.
The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of RTB.
The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, RTB will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
The App Provider, and its subsidiaries, are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You must also comply with all applicable third-party terms of service when using the App.
10. General Prohibitions and RTB’s Enforcement Rights.
(a) Acceptable Use. Any portion of the Services which allows you to post User Content or interact with other users is designed and supported for personal use. You may not use the Services (I) for commercial use, (i) to break the law, (iii) to violate an individual's privacy, or (iv) to infringe any person or entity’s intellectual property or any other proprietary rights. Inappropriate, abusive, or harmful User Content is subject to removal. Do not provide identifying personal information for yourself or any other third party, and do not post defamatory or libelous User Content or User Content that you know to be untrue. If you violate any of the provisions of this section, your account may be suspend your access to the Services revoked. You assume all risks associated with your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by RTB. You alone may be liable if your User Content violates applicable rules and regulations, including these Terms or the terms of the third-party site. We reserve the right (but have no obligation) to review or investigate any User Content and/or take appropriate action against you in our sole discretion (including removing your User Content and/or terminating your Account, if your User Content contains any (a) nudity or other sexually suggestive content, (b) hate speech, (c) credible threats or direct attacks on an individual or group, (d) excessive profanity or violence, (e) can be considered spam; and/or (f) otherwise in the sole discretion of RTB for any reason. RTB is not obligated to remove any User Content from the Site unless required by applicable Law.
(b) You agree not to do any of the following:
(1) Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
(2) Use, display, mirror or frame the Services or any individual element within the Services, RTB’s name, any RTB trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without RTB’s express written consent;
(3) Access, tamper with, or use non-public areas of the Services, RTB’s computer systems, or the technical delivery systems of RTB’s providers;
(4) Attempt to probe, scan or test the vulnerability of any RTB system or network or breach any security or authentication measures;
(8) Use any meta tags or other hidden text or metadata utilizing a RTB trademark, logo URL or product name without RTB’s express written consent;
(9) Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
(10) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
(11) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
(12) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
(13) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
(14) Impersonate or misrepresent your affiliation with any person or entity;
(15) Violate any applicable law or regulation; or
(16) Encourage or enable any other individual to do any of the foregoing.
(c) Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
11. Notice and Procedure for Claims of Copyright Infringement. We respect copyright law and expect our users to do the same. It is our policy to terminate in appropriate circumstances subscribers or account holders who have been adjudicated as repeat infringers on the Services. We accept proper notifications of claimed copyright infringements that comply with the appropriate subsection of 17 U.S.C. § 512 regarding material or information location tools residing on our Services. Please direct notifications of claimed copyright infringements to RTB's copyright agent at firstname.lastname@example.org (subject line: "DMCA Takedown Request"). You may also contact us by mail at:
Attention: Copyright Agent
c/o Rock The Bells, Inc.
325 N. Larchmont Blvd #188
Los Angeles, CA 90004
12. Links to Third Party Websites or Resources. The Services (including the App) may contain links to third-party websites or resources. To the extent provided by us, we provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. Users may provide access through User Content to third-party websites or other resources. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources. You further acknowledge that we have no responsibility to remove, add, modify, or monitor User Content, including any access to third-party websites or other resources contained in User Content
13. Termination. We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at email@example.com . Upon any termination, discontinuation or cancellation of the Services or your Account, the following Sections will survive: 8(a), 8(b), 8(c), 13, 14, 15, 16, 17, 18 and 19.
14. Warranty Disclaimers. THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
15. Indemnity. You will indemnify and hold harmless RTB and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.
16. Limitation of Liability.
(a) NEITHER ROCK NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ROCK OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
(b) IN NO EVENT WILL ROCK’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED TWENTY DOLLARS ($20).
(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ROCK AND YOU.
17. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 18 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and RTB are not required to arbitrate will be the state and federal courts located in the Northern District of California, and you and RTB each waive any objection to jurisdiction and venue in such courts.
18. Dispute Resolution.
(a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and RTB agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and RTB are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
(b) Exceptions and Opt-out. As limited exceptions to Section 18(a) above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at firstname.lastname@example.org or by regular mail at325 N. Larchmont Blvd #188, Los Angeles, CA 90004 within thirty (30) days following the date you first agree to these Terms.
(c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org
If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
(d) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
(e) Class Action Waiver. YOU AND ROCK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
(f) Effect of Changes on Arbitration. Notwithstanding the provisions of Section 3 “Changes to Terms or Services” above, if RTB changes any of the terms of this Section 18 “Dispute Resolution” after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to email@example.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of RTB’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and RTB in accordance with the terms of this Section 18 “Dispute Resolution” as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
(g) Severability. With the exception of any of the provisions in Section 18(e) of these Terms ("Class Action Waiver"), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
19. General Terms.
(a) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between RTB and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between RTB and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without RTB’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. RTB may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
(b) Notices. Any notices or other communications provided by RTB under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
(c) Waiver of Rights. RTB’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of RTB. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
20. Contact Information. If you have any questions about these Terms or the Services, please contact RTB at firstname.lastname@example.org.
GENERAL CONTEST RULES
CONTEST: LL COOL J’s 12 Days of Giveaways (“Contest”)
SPONSOR(S): LL COOL J, Inc. and Rock The Bells, Inc.
CONTEST ADMINISTRATOR: LL COOL J, Inc.
CONTEST PERIOD:The entry begins each day of the Contest at 12:01 AM (PST) beginning 12/13/2020 and ends at 11:59 PM (PST) on 12/24/2020.
PRIZES: One (1) RTB Logo Tee, One (1) RTB Mug, One (1) RTB Certified Hoodie, One (1) RTB Strictly OG Logo Tee, One (1) RTB Hoodie, One (1) RTB Dream Journal, One (1) RTB Water Bottle, One (1) RTB Crest Crew Neck, One (1) RTB x AJ Varsity Jacket, One (1) RTB x AJ Grey Tee, One (1) RTB x AJ Poster, One (1) RTB x Roots Duffle Bag.
One (1) RTB Logo Tee: $30
One (1) RTB Mug: $20
One (1) RTB Certified Hoodie: $145
One (1) RTB Strictly OG Logo Tee: $45
One (1) RTB Hoodie: $145
One (1) RTB Dream Journal: $20
One (1) RTB Water Bottle: $20
One (1) RTB Crest Crewneck: $125
One (1) RTB x AJ Varsity Jacket: $545
One (1) RTB x AJ Grey Tee: $75
One (1) RTB x AJ Poster: $100
One (1) RTB x Roots Duffle Bag: $495
ANNOUNCEMENT DATE: The Prize drawing will occur each day of the Contest beginning 12/13/2020 and ending on 12/24/2020.
NO PURCHASE OR OBLIGATION IS NECESSARY
- INTRODUCTION. By entering a Contest, entrants agree to abide by all terms of these Official Contest Rules (“Rules”) and the decisions of Contest Administrator (also, referred to as “Rock The Bells”) and Sponsor(s), whose decisions shall be final and binding.
VOID WHERE PROHIBITED.
- ELIGIBILITY. Contest is open only to individuals who are 18 years of age or older at the time of entry (unless otherwise stated). Winner must be 18+ and based in the US with a public profile on the applicable social media platform (i.e. Instagram/ Twitter/ Facebook). The Contest is void in any other nation, state, or province where prohibited or restricted by U.S. or local law. Certain Contest may only be open to U.S. residents, or otherwise restricted, such restrictions noted on the entry form page. Employees of LL COOL J, Inc., Rock The Bells, Inc., the participating Sponsor(s) and their respective parents, subsidiaries and affiliates and each of their officers, directors, shareholders, employees, advisors, accountants, attorneys, assignees, agents, licensees, representatives and any other person or entity associated with this Contest, including their advertising and promotional agencies, (collectively, “Contest Entities”), and their immediate family members (defined as parent, spouse, child, siblings and grandparents) are NOT eligible to win. By entering any Contest, entrants agree to waive any and all claims against Contest Entities for personal injury, damage or loss of any kind which may result from participation in the Contest or from the receipt, enjoyment, ownership or use of any prize.
- HOW TO ENTER. NO PURCHASE NECESSARY. To enter, follow the entry guidelines each day
(Day 1) Follow LL and RTB On IG + tag 3 friends
(Day 2) Tweet @LLCOOLJ your favorite RTB article
(Day 3) Follow @LLCOOLJ and @RockTheBells on Facebook and comment 💯 on @LLCOOLJ’s Instagram
(Day 4) Retweet @LLCOOLJ’s tweet on that day
(Day 5) Follow @LLCOOLJ on Instagram + tag two (2) friends
(Day 6) Screenshot @LLCOOLJ’s Instagram story, write in a comment and share to your own Instagram Story
(Day 7) Tag two (2) friends on @LLCOOLJ’s latest Facebook post
(Day 8) Share @LLCOOLJ’s Instagram Feed post to your story
(Day 9) Share @LLCOOLJ’s Facebook post and leave a comment
(Day 10) Follow @RockTheBells and @LLCOOLJ on Twitter and tag friend in a comment
(Day 11) Share a screenshot of your favorite Rock The Bells article to your Instagram story, tagging @RockTheBells and @LLCOOLJ
(Day 12) Follow @RockTheBells and @LLCOOLJ on Instagram and tag 3 friends in a comment
- PRIZES. Twelve (12) Prize winners will be selected, one (1) for each day of the Contest, and will receive one (1) Prize from the Rock The Bells Shop, as determined by Sponsor. No transfer, substitution, or cash equivalent for Prizes except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a Prize of equal or greater value if a Prize cannot be awarded as described for any reason. Limit: One Prize per person/family/household. Any Prize winner shall sometimes be referred to hereinafter as the “Winner.” No transfer, substitution or cash alternative permitted, except by Sponsor in its sole discretion. The winning entry will be deemed submitted by the social media account holder associated with such Entry, as solely determined by Sponsor. Installation, insurance, registration, taxes, and any fees or costs associated with the prizes are the sole responsibility of the Winner. Prize is awarded “as is” with no warranty or guarantee, either express or implied. Winner agrees to look solely to manufacturer for any warranties on the Prize awarded.
- DRAWING AND NOTIFICATION. Winner will be selected in a random drawing from all eligible entries received, on or about the Announcement Date by Contest Administrator or its designee, whose decisions will be final. Winner will be selected daily and notified via Instagram, Twitter or Facebook DM (depending on the entry guidelines). If Contest Administrator or its designee is unable to contact potential Winner using one of the methods mentioned (using the contact information provided at the time of Entry) and/or if the potential Winner fails to respond to notification within two (2) business days of issuance, the potential Winner will be disqualified and forfeit his or her right to the Prize, and an alternate Winner will be selected.
- WINNER'S AFFIDAVIT. The Winner may be required to sign an Affidavit of Eligibility and Liability/Publicity release, a written version of these Rules and any additional documentation, waivers and releases that may be required (collectively, “Affidavit”). The Affidavit may require that each Winner provide his/her Social Security Number for tax purposes due to potential payments from Sponsor to the Winner and will be used solely for such tax purposes. The requirement for a publicity release shall be void where prohibited. The Affidavit will provide that by acceptance of the Prize, the Winner releases Contest Administrator and Sponsor(s) from any and all liability for injuries, damages or expenses sustained in connection with the Contest or with the receipt, ownership or use of the Prize. Failure to sign the Affidavit may cause the Winner to forfeit the Prize. Failure of the Winner to respond to notification and/or to complete and return the Affidavit within one week after sent to such Winner will be deemed a forfeiture of the Prize and an alternate Winner will be selected from the eligible entries.
- GENERAL. This Contest is subject to all applicable federal, state and local laws. If any Prize or prize notification is returned as undeliverable, Prize will be forfeited and an alternate Winner will be selected. All federal, state or other tax liabilities (including income tax) arising from this Contest will be the sole responsibility of each Prize Winner. Except where prohibited by law, each Winner's Entry and acceptance of the Prize constitutes permission for the Contest Administrator and Sponsor(s) to use said Winner's name, photograph, likeness, statements, biographical information, voice, and address (city and state) worldwide and in all forms of media, in perpetuity, without further compensation. This Contest is subject to these official Rules. By participating, entrants agree to be bound by these official rules and waive any right to claim ambiguity in the Contest or these official Rules. Winners and entrants also agree to release, discharge, indemnify and hold harmless the Contest, Administrator and Sponsor(s) and the officers, employees and agents of each, from and against any claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any Prize or participation in any Contest-related activity or participation in this Contest. Any person attempting to defraud or in any way tamper with the Contest will be ineligible for prizes and may be prosecuted to the full extent of the law. Odds of winning depend upon the number of eligible entries received by Sponsor.
- LIMITATIONS OF LIABILITY. If for any reason the Contest is not capable of running as planned, including, but not limited to, due to tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of Contest Administrator and Sponsor(s) which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Contest, Contest Administrator and Sponsor(s) reserve the right to disqualify any individual who causes any such problem, and to cancel, terminate, modify or suspend the Contest. Contest Administrator and Sponsor(s) assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, or any problem or technical malfunctions of any telephone network or lines, or any combination thereof, which may limit an entrant’s ability to participate in this Contest.
By entering this Contest, each entrant agrees that (i) any and all disputes, claims, and causes of action arising out of or in connection with the Contest or any prizes awarded, shall be resolved individually, without resort to any form of class action; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs, associated with entering the Contest, but in no event will attorneys' fees be awarded or recoverable; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby knowingly and expressly waives all rights to, punitive, incidental or consequential damages and/or any other damages other than actual out-of-pocket expenses.
The Winner, by accepting a Prize, agrees to release and hold harmless Contest Administrator and Sponsor(s) from any and all liability, claims or actions of any kind whatsoever, which may result from the receipt, enjoyment, ownership or use or misuse of such Prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on the entrant's rights of publicity or privacy, or the entrant's claim that he/she has somehow been defamed or portrayed in a false light).
Contest Administrator and Sponsor(s) do not assume any responsibility for any schedule changes in the Contest timeline, including without limitation, scheduling conflicts, labor strikes, Acts of God, or other unforeseen events that disrupt the Contest schedule. Contest Administrator and Sponsor(s) reserve the right to cancel, modify, or suspend this Contest.
ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL CONTEST RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS, CONTEST ADMINISTRATOR AND/OR SPONSOR(S) IN CONNECTION WITH THIS CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES AND THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER JURISDICTION'S LAWS. 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. EACH PERSON WHO PARTICIPATES IN THIS CONTEST AGREES THAT UNITED STATES AND THE STATE OF CALIFORNIA SHALL HAVE EXCLUSIVE JURISDICTION OVER ANY SUIT OR OTHER PROCEEDING ARISING OUT OF OR BASED UPON THESE OFFICIAL CONTEST RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS, CONTEST ADMINISTRATOR AND/OR SPONSOR(S) IN CONNECTION WITH THIS CONTEST AND EACH HEREBY WAIVES ANY CLAIM THAT IS NOT SUBJECT PERSONALLY TO THE JURISDICTION OF SAID COURTS OR THAT ANY SUCH SUIT OR OTHER PROCEEDING IS BROUGHT IN AN INCONVENIENT FORUM OR IMPROPER VENUE.
- OFFICIAL RULES AND WINNERS LIST. For an additional copy of these Rules or the names of the Winner, send an email to email@example.com. Requests received more than one (1) hour after the last daily hour to submit entries will not be honored.
CONTEST VOID WHERE PROHIBITED
NO PURCHASE OR OBLIGATION IS NECESSARY
Posted December 11, 2020