Midwest Tape LLC’s Official Contest Rules and Legal Disclaimer

Introduction

This Contest (the “Contest”) is sponsored by Midwest Tape, LLC (“Midwest Tape”), 1417 Timberwolf Dr., Holland, OH 43528. By entering any Midwest Tape-sponsored contest, you agree to abide by these Official Contest Rules and Legal Disclaimer and the decisions of Midwest Tape, which decisions are final and binding in all respects.

Midwest Tape may offer a similar contest from time to time. Each offer and entry into each contest are separate. The start / end time, how to enter, and available prize for each Contest will be listed in the offer for that Contest on Midwest Tape’s Instagram page or profile. The other terms below apply to each Contest.

No purchase is necessary to enter or win. Your purchase or use of Midwest Tape’s products or services does not increase your chances of winning.

Eligibility

Contests are open solely to legal residents of the United States and the District of Columbia, excluding Alaska, Hawaii, and its other territories, who are 18 years of age or older at the time of entry and followers of Midwest Tape’s Instagram account. Employees, officers, directors, or agents of Midwest Tape or any of Midwest Tape’s partners, related companies, agencies, or agents, as well as the immediate family (defined as spouse, parents, siblings, children, and grandparents) and same household members of any such employee, officer, director, or agent are not eligible to participate. All applicable federal, state, and local laws and regulations apply. Void where prohibited or restricted by law.

How to Enter

Entry does not require payment or purchase of any kind. To enter a Contest, you must have an Instagram account and follow Midwest Tape. If you do not have an Instagram account, you can create one for free by visiting www.instagram.com. By submitting your information and creating an account, you agree to Instagram’s terms of use and privacy policy. If you do not agree to such terms of use and privacy policy, you cannot create an account or participate in this Contest. Midwest Tape may not receive entries from Instagram users with “private” updates (i.e., you have set your account so that only people you approve of can view your updates). If you are using your mobile device to enter, charges, including message and data rates, may apply. You should consult your wireless service provider regarding its pricing plans.

To enter, you comment “PARTYPOOPER” on Midwest Tape’s Instagram post announcing the Diary of a Wimpy Kid giveaway during the relevant time period as set forth in the offer (the “Entry Period”). 

Limit one (1) entry per unique Instagram account and per person per Contest. Entries generated by script, macro or other automated means are void, as are entries that are illegible, garbled, incomplete, or that contain errors. Normal time, toll, connection, and usage rates, if any, charged by your Internet service provider will apply. No other entry method will be accepted. Any entrant using fraudulent means to participate in a Contest will be disqualified and may be guilty of violating applicable criminal laws. All entries, once provided, are Midwest Tape’s sole and exclusive property.

Eligibility is at the exclusive discretion of Midwest Tape, and Midwest Tape shall be entitled to reject any entrant for any reason or no reason at all without having to provide an explanation. Midwest Tape reserves the right, in its sole discretion, to cancel, suspend, or terminate a Contest for any reason and without prior notice to you. In such an instance, Midwest Tape may, if and as appropriate, select a winner using reasonable means that are materially consistent with the Contest in question.

Provision of Materials and Information/Intellectual Property

By entering a Contest, you represent and warrant as follows:

(1)     you fully own or have properly licensed whatever materials or information you submit in connection with the Contest and can make such submissions without violating any applicable law, agreement with any third-party, and/or third-party right of any kind (including without limitation any intellectual property, data protection, privacy, or publicity right); and

(2)     that all materials or information provided by You are true and correct in all respects.

Furthermore, without limitation on anything set forth herein to the contrary, Midwest Tape shall have the irrevocable, transferable, and fully sublicensable right and license (but not the obligation) to exploit any and all such materials or information in any manner it so elects to promote the Contest, its business, brand, products and/or services, throughout the world in perpetuity, and in any and all media, now or hereafter known.

Prizes; Selecting and Notifying Prize Winners

The prizes mentioned in the Contest offer are the only prizes available. No transfer, substitution, or cash redemption will be awarded in lieu of the stated prize except by Midwest Tape, which reserves the right to substitute a prize (or portion thereof) of comparable or greater value, in its sole discretion, if the advertised prizes become unavailable. All prize details are at the sole discretion of Midwest Tape.

Subject to applicable law, prizes are offered “as is” without any express or implied warranty of any kind or nature, including without limitation, any warranty respecting condition, merchantability, quality, title, or fitness for a particular purpose. Midwest Tape is not responsible for replacing any damaged prizes unless such damage is caused by Midwest Tape.

Contest winners will be selected in each Contest by random drawing from amongst all eligible entries received. Midwest Tape will contact all winners to confirm that they have won and are entitled to a prize. Midwest Tape is not responsible for digital communications that are undeliverable because of filtering of any kind, insufficient space in your account, or any other failure beyond its reasonable control. Odds of winning depend on number and timing of entries received in each Contest. Contest is open to over 100,000,000 internet users in the United States.

In the event of a dispute with respect to entries received from more than one user having the same Instagram account, the authorized subscriber of the account in question at the time of entry will be deemed the proper entrant. Additionally, all winners will be posted on Midwest Tape’s website.

Each winner must show picture identification to claim his or her prize. Any potential winner will forfeit his or her prize if he or she:

(1)     fails to respond in a timely fashion to any of Midwest Tape’s requests for information or signatures regarding the Contest or the prize;

(2)     cannot be reached at the information provided by such individual;

(3)     rejects the prize (or it is returned undeliverable through no fault of Midwest Tape); or

(4)     is disqualified from the Contest for any reason.

In the event of any forfeiture hereunder, an alternate winner will be selected.

Prize winners are solely responsible for all applicable:

(1)     federal, state, and local taxes; and

(2)     out-of-pocket expenses, associated with prize acceptance and use.

Publicity

Subject to applicable law, entrance in any Contest constitutes your consent to Midwest Tape and Midwest Tape’s affiliates use of your name, voice, likeness, opinions, and biographical information for marketing, advertising, and publicity purposes in any media throughout the world at any time without the obligation to seek consent or to provide you with any payment or other form of consideration. You agree to execute any document reasonably required by Midwest Tape to effectuate the terms hereof and failure to do so gives rise to Midwest Tape’s right to execute all such documents as your attorney-in-fact, which right is coupled with an interest and therefore, irrevocable.

Release

Subject to applicable law, by entering into a Contest and potentially receiving a prize, you agree to release, discharge, and hold harmless Midwest Tape, along with its respective employees, officers, directors, affiliates, partners, agents and assigns, from and against any claim, cause of action, demand, or proceeding (each, a “Claim”), and any resultant loss, injury (including death), cost, expense, fee, fine, penalty, or other loss or expense of any kind, including attorneys’ fees (each, a “Loss”), relating to or arising directly or indirectly out of your participation in a Contest (or related activity such as a press release), and/or Midwest Tape’s right to exploit your name and/or likeness or fully exploit any other right granted to it hereunder, and/or from your receipt, use, or misuse of any prize, no matter how such Claim or Loss arises (including without limitation, if arising out of any damage to your computer system from downloading or using material from Midwest Tape’s (or an affiliate of Midwest Tape’s) website).

Limitation of Liability

IN NO EVENT WILL MIDWEST TAPE, AND/OR MIDWEST TAPE’S PARENT, SUBSIDIARY, LICENSEES, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, ASSIGNS, AFFILIATES, OR RELATED COMPANIES (COLLECTIVELY WITH MIDWEST TAPE, THE “MIDWEST TAPE PARTIES”), BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS) ARISING OUT OF YOUR PARTICIPATION IN THE CONTEST, THESE OFFICIAL CONTEST RULES, AND/OR YOUR RECEIPT OF A PRIZE, NO MATTER UNDER WHAT THEORY ARISING, EVEN IF ANY MIDWEST TAPE PARTY HAS BEEN ADVISED OF THE POSSIBLY OF SUCH DAMAGES. MIDWEST TAPE PARTIES’ ENTIRE LIABILITY WITH RESPECT TO: YOUR PARTICIPATION IN THE CONTEST, THESE OFFICIAL CONTEST RULES, AND/OR YOUR RECEIPT OF A PRIZE SHALL BE LIMITED TO $500. SOME JURISDICTIONS MAY NOT ALLOW THE AFOREMENTIONED LIMITATIONS OR EXCLUSIONS OF LIABILITY AND AS SUCH, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

Use of Collected Materials and Information

Midwest Tape will be collecting, storing, and exploiting personal data about you to administer Contests and exercise its rights hereunder, including without limitation, those relating to marketing and publicity. By entering any of Midwest Tape’s Contests, you agree to Midwest Tape’s collection and use of your personal information, including through third-party provider Hootsuite Inc. and its affiliates (“Hootsuite”). By entering the Contest, you authorize Midwest Tape to disclose your Instagram username to Hootsuite solely for Midwest Tape’s marketing purposes. Hootsuite’s privacy policy can be found at www.hootsuite.com/legal/privacy, and by your entry, you agree to this policy. For more information on Midwest Tape’s handling of personal information, see Midwest Tape’s Privacy Policy, a copy of which can be found at the following link: https://www.hoopladigital.com/privacy.

No Implied Endorsement

The names of individuals, groups, companies, products, and services mentioned herein, and any corresponding likenesses, logos, and images thereof reproduced herein, have been used for identification purposes only and may be the copyrighted properties and trademarks of their respective owners. The mention of any individual, group, or company, including Instagram Inc., or the inclusion of a product or service as the prize, does not imply any association with or endorsement by such individual, group, company or the manufacturer or distributor of such product or service and, except as otherwise indicated, no association or endorsement is intended or should be inferred.

Dispute Resolution

The parties hereto acknowledge and agree as follows:

  • that all disputes, causes of action, and claims connected to or arising in any way hereunder between the parties shall be resolved solely on an individual basis (i.e., class actions suits are hereby waived by the parties) and exclusively by the state or federal courts situated in Lucas County, Ohio; and
  • that the laws of the state of Ohio shall govern, without regard to its conflict of laws principles; and
  • that the parties hereto waive any right to a trial by jury.