THE JOIN #TEAMSTATEFARM TIKTOK CHALLENGE CONTEST
This CONTEST is in no way sponsored, endorsed or administered by, or associated with tiktok. any questions, comments, or complaints regarding the promotion must be directed to sponsor and not tiktok. all tiktok logos and trademarks displayed are the property of tiktok.
The Join #TeamStateFarm TikTok Challenge Contest (“Contest”) is sponsored by State Farm Mutual Automobile Insurance Company (“Sponsor”), One State Farm Plaza, Bloomington, IL 61710 and is administered by Prize Logic, LLC, (“Administrator”), Two Towne Square, Suite 200, Southfield, MI 48076.
1. CONTEST PERIOD: The Contest submission phase begins on January 22, 2022 at 12:00 PM Eastern Time (“ET”) and ends on February 11, 2022 at 11:59:59 PM ET (“Submission Phase”), which is followed by a judging phase that begins on February 12, 2022 at 12:00 AM ET and ends on February 13, 2022 at 11:59:59 PM ET (“Judging Phase”), a voting phase that begins on February 14, 2022 at 12:00 AM ET and ends on February 17, 2022 at 11:59:59 PM ET (“Voting Phase”), and a judging phase 2 that begins on February 18, 2022 at 12:00 AM ET and ends on February 18, 2022 at 11:59:59 PM ET (“Judging Phase 2”). The Submission Phase, Judging Phase, Voting Phase, and Judging Phase 2 are collectively the “Contest Period”. The Administrator’s computer is the Contest’s official clock.
2. ELIGIBILITY: This Contest is open only to legal residents of the fifty (50) United States (including the District of Columbia) who are at least eighteen (18) years old (nineteen  in Alabama and Nebraska and twenty-one  in Mississippi) at the time of entry. Employees of Sponsor, Administrator, The Marketing Arm, and each of their respective parent companies, subsidiaries, affiliates, State Farm independent contractor agents (“Agents”) , advertising and promotion agencies (collectively, “Contest Entities”) and each of their immediate family members (e.g., spouse, parent, child, sibling, and their respective spouses and the “steps” of each, regardless of where they reside) and persons living in the same household of each, whether or not related, are not eligible to enter or win. All federal, state, and local laws apply. Void where prohibited or restricted by law.
Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions and interpretations, which are final and binding in all matters related to the Contest.
3. HOW TO ENTER: During the Submission Phase an eligible entrant must:
i. Sign into his/her/their TikTok account (entrant may create a TikTok account for free if he/she/they does not already have one);
ii. Become a follower of @jakefromstatefarm on TikTok (if not already following @jakefromstatefarm). There is no charge to sign up for TikTok or to follow @jakefromstatefarm; and
iii. Compose and post a new TikTok video using the “duet” feature with @jakefromstatefarm proving why he/she/they deserves to “make the team”,imp including the hashtags “#TeamStateFarm” and “#Contest” and tag @Jakefromstatefarm (“Submission”).
iv. Entrant must follow @jakefromstatefarm during the Contest Period and for a period of thirty (30) days thereafter for prize notification purposes.
If an entrant uses any copywritten music in his/her/their Submissions, he/she/they will automatically be disqualified.
By entering the Contest and using the hashtags “#TeamStateFarm” and “#Contest”, entrant hereby agrees to be bound by these Official Rules.
Limit : There is a limit of one (1) Submission per person during the Submission Phase. If more than the stated number of Submissions are received from the same person, account, telephone number and/or e-mail address, the Submissions may, at the Sponsor’s sole discretion, be disqualified. Entrants are prohibited from using more than one (1) e-mail address, account, or multiple identities. If it is found or suspected that an entrant is using more than one e-mail address, account, or multiple identities to participate in the Contest, then that entrant, in Sponsor’s and Administrator’s discretion, may be disqualified and not be eligible to win the prize. Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information, accounts or otherwise may result in the entrant being disqualified. Submissions generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. Submissions that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Contest at Sponsor’s sole and absolute discretion. Submissions submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void.
By entering the Contest and using the hashtags “#TeamStateFarm” and “#Contest”, entrant hereby agrees to be bound by these Official Rules. Entries will be deemed made by the authorized account holder of the TikTok account the Submission is submitted from at the time of entry. The “authorized account holder” is the person who is assigned to the TikTok by the online service provider. An entrant must have a non-private TikTok account to enter the Contest and must be a follower of @Jakefromstatefarm on TikTok until March 22, 2022 for potential winner notification purposes to be eligible to win/claim the prize.
By submitting a Submission, each entrant agrees that his/her/their Submission complies with these Official Rules, including the Submission Guidelines and Requirements set forth below in Section 4. Each entrant also agrees that Sponsor or Administrator may disqualify the entrant from the Contest if Sponsor or Administrator believes, in their sole and absolute discretion, that a Submission fails to comply with these Official Rules. If Sponsor or Administrator rejects any Submission, such Submission will not appear in the gallery, will be disqualified and will not be considered a valid Submission.
By entering, each entrant warrants and represents the following with respect to his/her/their Submission: (a) the Submission will not infringe on any rights of any third parties (b) that entrant has not and will not take any action that interferes with the rights granted to Sponsor under these Official Rules; and (c) that entrant will not use the Submission for any other reason without the express written consent of the Sponsor.
IMPORTANT: MESSAGE AND DATA RATES MAY APPLY IF AN ENTRANT ENTERS THIS CONTEST ON HIS/HER/THEIR MOBILE DEVICE. NOT ALL MOBILE TELEPHONE/WIRELESS PROVIDERS CARRY THE SERVICE NECESSARY TO PARTICIPATE IN THIS CONTEST. ENTRANTS SHOULD CONSULT THEIR WIRELESS PROVIDER'S PRICING PLANS. MOBILE ENTRY IS NOT REQUIRED TO ENTER OR WIN THE PRIZE IN THIS CONTEST.
4. SUBMISSION GUIDELINES AND REQUIREMENTS: Each Submission:
· Must be in English;
· Submission must comply with TikTok’s posting requirements;
· Must contain the hashtags “#TeamStateFarm” and “#Contest” and follow and tag @jakefromstatefarm;
· Must be entirely the original work of the entrant (not copied, adapted, or reproduced from any other source and not a collaboration with any other person) and must not contain material that violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights, including copyright and or trademark infringement, or legal or moral rights of any third party, living or deceased (e.g., names, logos, symbols, slogans, submissions that belong to others, Submission of other people, quotes from other people, or parodies of other people);
· Must not have been submitted previously in a promotion of any kind;
· Must have approval from any persons appearing in the Submission and the entrant must be able to provide express written consent of every such person appearing in the Submission to Sponsor and/or Administrator if requested (any person appearing in a Submission must be the age of majority in his/her/their state of residence);
· Must not disparage Sponsor, Administrator, or any other person or party affiliated with the promotion and administration of this Contest;
· Must not include personally identifiable information;
· Sponsor prohibits use of any logos, brand names or trademarks other than Sponsor’s, which Sponsor has granted entrant a limited license to use for purposes of this Contest as set forth in Section 5 of these Official Rules. Use of logos, brand names or trademarks are not permitted. Sponsor reserves the right to disqualify any Submission, if Sponsor believes, in its sole and absolute discretion, that there is any inappropriate use of a logo, brand name, or trademark;
· Must comply with all other Submission Guidelines and Requirements and provisions of these Official Rules;
· Must not contain, facilitate, reference, or use material that is dangerous, fraudulent, inappropriate, indecent, lewd, pornographic, obscene, hateful, tortious, defamatory, slanderous, or libelous;
· Must not contain, facilitate, reference, or use material that contains prohibited content which shall include, but is not limited to content that promotes, suggests, or encourages:
- any cruelty to, or mistreatment in any way of animals;
- · gambling, including without limitation, any content related to online casinos, sports books, bingo, or poker;
- · the use of firearms/weapons/ammunition, any illegal drugs, prostitution, pornography, nudity, profanity or other adult content, violence, or the use of alcohol or tobacco products;
- · the taking up of arms against any person, government, or entity, or otherwise challenge or seek to overthrow any government;
· Must not contain any viruses, spyware, malware, or other malicious components that are designed to harm the functionality of a computer in any way;
· Must not contain, facilitate, reference, or use material that promotes bigotry, racism, hatred, or harm against any group or individual, or promotes discrimination based on race, gender, ethnicity, religion, nationality, disability, sexual orientation, political orientation, citizenship, ancestry, marital status, or age; and
· Must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Submission is created or otherwise promotes any unlawful, illegal, unsafe, dangerous, or reckless behavior.
NOTE : If any Submission fails to comply with any of these Submission Guidelines and Requirements or any other provisions of these Official Rules, Sponsor and Administrator reserves the right, in its sole discretion, to disqualify the entrant and the Submission will not be eligible to win.
5. SPONSOR’S IP AND GENERAL SUBMISSION TERMS: Sponsor grants entrants a limited, revocable, non-sublicensable license to use Sponsor’s name, product, trademarks, and logos (collectively, “Sponsor’s IP”) for the length of the Contest Period for the sole purpose of participating in this Contest. Entrants are not permitted to make any further use of Sponsor’s IP for any purpose whatsoever. Entrant agrees that he or she has not and will not take any action that might harm or adversely affect such rights, and no right, title, or interest in and to the Sponsor’s IP except for the limited license granted to entrant in these Official Rules is transferred or created
By participating in this Contest, each entrant grants permission to the Sponsor and Sponsor’s designee the perpetual right to use and publish their name, social media handle, biographical information, photographs, video, voice or other impressions of their likeness and content submitted in connection with the Contest (collectively “Entry”). Entrant gives permission for Submission or other likeness to be used by Sponsor reservation or limitations for commercial, trade, advertising, publications, promotions and/or any other purpose in print and electronic media (including the World Wide Web) and to copyright the same. Entrant waives any right to inspect or approve the finished Entry or printed or electronic materials that may be used in conjunction with them now or in the future, whether that use is known to me or unknown including, but not limited to, enhancements, modifications, or any alteration of the Submission and further waives any right to royalties or other compensation arising from or related to the use of the Entry. Entrant expressly releases Sponsor, officers, licensees and assigns from any and all claims which they may have, including but not limited to, for invasion of privacy, right of publicity, defamation, copyright infringement or any other causes of action arising out of the use, adaptation, reproduction, distribution, broadcast or exhibition of such Entry. Each Entrant warrants and represents that he/she has all right and authority to grant such permission. Notwithstanding anything to the contrary, however, there is no obligation of Sponsor or any other person or entity to post or make any use of any Entry.
Additionally, each entrant consents to the use of the name, statements, photographs, videos, voice recordings, and likenesses of himself/herself and any other person appearing in the Contest Materials for publicity purposes, as well as any other purpose associated with the Contest.
Once a Submission is entered into the Contest, any such posting will be deemed made at the direction of the entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act. EACH ENTRANT REPRESENTS, UNDERSTANDS, AND ACKNOWLEDGES THAT HE/SHE/THEY WILL NOT BE PAID FOR OR RECEIVE ANY FORM OF COMPENSATION OR ROYALTY (OTHER THAN THE PRIZE STATED HEREIN IF SELECTED AS THE WINNER) IN EXCHANGE FOR GRANTING SPONSOR THE NON-EXCLUSIVE LICENSE RIGHTS OR FOR ANY SUBSEQUENT USE OF SUCH SUBMISSION BY SPONSOR. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission.
6. JUDGING PHASE: During the Judging Phase, all eligible Submissions will be judged by qualified judges selected by Sponsor in its sole discretion (“Judges”). The Judges will score each Submission according to the following weighted criteria: (i) “State Farm Brand Representation”: 10%; (ii) “Degree of Buzzworthy, Trendy, and Share-worthy Content”: 25%; (iii) “Performance Quality and/or Quality of Content”: 25%; and (iv) “Creativity and Originality”: 40%. All of these factors determine the Submission’s overall “Judges’ Score”. The three (3) Submissions that receive the highest Judges’ Scores will be the potential finalists (each a “Finalist”), subject to verification of eligibility and compliance with these Official Rules. In the event of any ties, the highest score in criteria (i) “State Farm Brand Representation” will be used to break any ties. If there is still a tie, the tied entries will be re-judged to determine the Finalist. If a Finalist is found to be ineligible or does not comply with these Official Rules, he/she/they will be disqualified, and the Submission with the next-highest Judges’ Score will be named the potential Finalist. Administrator’s, Judges’, and Sponsor’s decisions shall be final and binding in all matters pertaining to the judging and selection of the Finalists. Judging Phase Judges’ scores will not be revealed.
7. VOTING PHASE: During Voting Phase, the three (3) Finalist Submissions will be posted on the @jakefromstatefarm TikTok page. A person who is a legal resident of the fifty (50) United States or District of Columbia and eighteen (18) years or older may visit the @jakefromstatefarm TikTok page and “like” his/her/their Finalist Submission to vote for his/her/their favorite Finalist. Each voter may vote one (1) time during the Voting Phase. Votes received from any person, account, or e-mail address or household in excess of this limitation will be void. Votes generated by script, BOT, macro, or other automated means are void. Voting must be completed by the actual person casting the vote. A person may not vote on behalf of another person. Subsequent votes during one calendar day by a single voter or e-mail address will be disqualified. Votes intended to impact the integrity of the voting process as determined by Sponsor in Sponsor’s sole discretion are void. Payment or other consideration in exchange for votes is prohibited.
8. JUDING PHASE 2 AND WINNER DETERMINATION: During the Judging Phase 2, the three (3) Finalist Submissions will be re-judged by a panel of qualified judges selected by the Sponsor (“Phase 2 Judges”). The Phase 2 Judges will score the Finalist Submissions according to the following weighted criteria: (i) Public Appeal: 49%; (ii) Brand Appeal: 51% (“Phase 2 Judging Criteria”). The one (1) Finalist Submission that receives the highest score will be declared the potential winner. The winner is a potential winner pending verification of eligibility and compliance with the Official Rules. In the event of any ties, the Submission with the highest score in criterion (ii) Brand Appeal will prevail. In the event there are still any ties, the tied Submissions will be judged again and the Submission with the highest overall score will prevail. If the potential winner is found to be ineligible or does not comply with these Official Rules, or otherwise does not accept the prize as awarded, he/she/they will be disqualified and the Submission with the next highest judges’ score will be named a potential winner. Administrator’s, Judges’, and Sponsor’s decisions shall be final and binding in all matters pertaining to the judging and selection of the winner. Phase 2 Judges’ scores will not be revealed. Sponsor reserves the right to not award the prize if, in its sole discretion, it does not receive a sufficient number of qualified Submissions.
9. PRIZE AND APPROXIMATE RETAIL VALUE (“ARV”) :
A. Prize (1): The prize is a trip for winner to Los Angeles, CA for the opportunity to appear in a State Farm commercial (“Prize”). Trip includes round-trip coach class air transportation from a major commercial airport near winner’s residence to Los Angeles, CA for winner, three (3) nights hotel standard accommodations (single room/single occupancy), $368 spending money, the opportunity to appear as an extra in a State Farm commercial (details of commercial determined by Sponsor in its sole discretion), the opportunity to meet “Jake From State Farm”, and ground transportation to/from airport, hotel, and shoot location. Trip must be taken on dates specified by Sponsor sometime in 2022 (exact dates determined by Sponsor in its sole discretion). The actual value of the trip may vary depending on point of departure and fluctuations in the cost of air transportation. Any difference between the estimated ARV and the actual value of the Prize will not be awarded. If winner resides within a 100-mile radius of destination, ground transportation may be provided in lieu of air transportation, and no compensation will be provided for any difference in Prize value. Travel dates are subject to availability; blackout dates and other restrictions may apply. Winner is responsible for having valid travel documents including government identification and/or passports. Winner is responsible for all travel expenses not included herein, including airline baggage fees, gratuities, meals, and any other incidental costs or expenses related to participation in this Prize. Travel must be booked at least seven (7) days in advance. Winner hereby acknowledges that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance for any part of the trip. Winner will be required to provide a major credit card upon hotel check-in, and all in-room charges will be charged to the credit card. Any damage to the room will be the responsibility of the winner. Sponsor bears no responsibility if any event, element or detail of the Prize is canceled, postponed or becomes unavailable for any reason. Should any event, element or detail of the Prize become unavailable, the Sponsor shall have no obligation to the winner aside from providing the remaining portion of the Prize, minus any unavailable event, element or detail. Sponsor is not responsible if event is delayed, postponed, or canceled for any reason. There will be one (1) Prize in the Contest. The ARV of the Prize is $7,857.32.
B. General Prize Restrictions and Limitations: In no event will more than one (1) Prize be awarded. No Prize substitution or exchange will be allowed, except by Sponsor, who reserves the right to substitute the Prize of equal or greater value in its sole discretion. The winner agrees that he/she/they will participate in all COVID-19 protocols established by the Sponsor, which may include, but is not limited to, social distancing measures, wearing of masks, submitting a COVID-19 waiver, and/or consenting to COVID-19 screening. The Sponsor will have no liability and will not be required to award the Prize or any portion thereof if the winner tests positive for COVID-19, is unwilling or unable to participate in the screening or other protocols. The winner agrees that he/she/they will participate in all COVID-19 protocols established by the Sponsor.
10. HOW TO CLAIM THE PRIZE : The potential winner is subject to verification of eligibility and compliance with these Official Rules. On or about February 19, 2022 the potential winner will be notified via Direct Message on TikTok from @jakefromstatefarm with instructions on how to redeem the Prize (“Notification”). The potential winner must then respond to the Notification within twenty-four (24) hours or he/she/they may be disqualified at Sponsor’s sole discretion. The potential winner will be required to sign and execute an Affidavit of Eligibility, a Liability Release, (where imposing such condition is legal) a Publicity Release, and any other agreement required (collectively, “Prize Claim Documents”) within five (5) days of Prize Notification. If the potential winner fails or refuses to sign and return all Prize Claim Documents within five (5) days of Prize Notification, the potential winner may be disqualified and an alternate winner may be selected. The potential winner may be subject to a background check before the Prize is awarded. Sponsor reserves the right to disqualify the potential winner based on the results of such background check if Sponsor determines in its sole discretion that awarding the Prize to any such individual might reflect negatively on the Sponsor. If the potential winner is disqualified, found to be ineligible or not in compliance with these Official Rules, declines to accept the Prize or, if Sponsor or its authorized designee is unable to contact the potential winner, the Prize may be forfeited, and in the Sponsor's sole discretion, the forfeited Prize may be awarded to the entrant with the Submission that received the next-highest Judges’ Score, as determined by Sponsor in its sole and absolute discretion. Upon verification of eligibility and compliance with these Official Rules, the winner will be contacted by Sponsor or Administrator to arrange travel and fulfillment.
Sponsor or Administrator will attempt to notify the potential winner as set forth above, but Contest Entities are not responsible for any undelivered TikTok or other messages that are not received because of the winner’s privacy or spam filter settings which may divert any Contest Direct Message, e-mail, including any winner Notification, to a spam or junk folder. The potential winner may be required to furnish proof of identification. Prize will only be awarded by Sponsor upon potential winner’s verification of eligibility and final approval by Sponsor. Contest Entities shall not be held responsible for any delays in awarding the Prize for any reason. Prize is not transferable and includes only the items specifically listed as part of the Prize. Any portion of the Prize not accepted by winner will be forfeited. The winner shall be solely responsible for payment of any and all applicable federal, state, and local taxes for the Prize won. Sponsor will issue an IRS Form 1099 to the winner. All other costs and expenses not expressly set forth herein shall be solely the winner’s responsibility .
11. LIMITATION OF LIABILITY: By participating in this Contest, entrants agree that the Contest Entities, TikTok, and their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, Web masters and their respective officers, directors, employees, representatives, designees and agents (“Released Parties”) are not responsible for lost, late, incomplete, stolen, misdirected, postage due, or undeliverable email notifications or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; or garbled, corrupt or jumbled transmissions, service provider/Internet/website/use net accessibility, availability or traffic congestion; or any technical, mechanical, printing, or typographical or other error; or unauthorized human intervention; or the incorrect or inaccurate capture of registration information; or the failure to capture, or loss of, any such information. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any website’s users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Contest. The Released Parties are not responsible for any injury or damage, whether personal or property, to participants or to any person's computer related to or resulting from participation or inability to participate in the Contest and/or accepting the Prize, including any related travel. The Released Parties shall not be responsible or liable for Entries that are entered by any automated computer, program, mechanism, or device, for any Entries in excess of the stated limit or for Entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled, or otherwise not in compliance with the Official Rules, and all such Entries may, in Sponsor’s sole discretion, be disqualified.
If, for any reason, a Submission is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as a Submission in the Contest, the entrant’s sole remedy is to enter the Contest again to receive another Submission. If, for any reason, the Contest is not capable of running as planned, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend the Contest and/or proceed with the Contest, including the selection of a winner in a manner it deems fair and reasonable including the selection of the winner from among eligible Entries received prior to such cancellation, termination, modification, or suspension.
By entering the Contest, each entrant agrees: (i) to be bound by these Official Rules and by all applicable laws and by the decisions of Sponsor and Administrator, which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her/their rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Contest; and (iv) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the Contest, including but not limited to any Contest-related activity or element thereof, and the entrant’s Entries, participation or inability to participate in the Contest, (b) the violation of any third-party privacy, personal, publicity or proprietary rights, (c) typographical or printing errors in these Official Rules or any Contest materials, (d) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the Prize, (e) any change in a Prize due to unavailability or due to reasons beyond Sponsor’s control, including but not limited to by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot or any other cause beyond any of the Released Parties’ control, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation or modification of the Contest, (g) human error, (h) incorrect or inaccurate transcription, receipt or transmission of any part of any Submission (including, without limitation, the registration information or any parts thereof), (i) any technical malfunctions or unavailability of any website or any telephone network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Released Parties or by an entrant, (j) interruption or inability to access the Contest, any other Contest-related websites or any online service via the Internet due to hardware or software compatibility problems, (k) any damage to entrant’s (or any third person’s) equipment used to access the Contest and/or its contents related to or resulting from any part of the Contest, (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (m) any late, lost, stolen, mutilated, misdirected, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged Entries, (n) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties, (o) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof), or (p) the negligence or willful misconduct by entrant.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS CONTEST, INCLUDING THE PRIZE, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSIONS OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. Check local laws for any restrictions or limitations regarding these limitations or exclusions.
12. DISPUTES: THIS CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF MICHIGAN, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN THE COUNTY OF OAKLAND, MICHIGAN. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN MICHIGAN. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN OAKLAND COUNTY, MICHIGAN. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION ACCRUED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
Further, entrants hereby waive all rights, to: (i) claim punitive, exemplary, special, incidental, indirect and consequential damages, and any other damages (whether due to negligence or otherwise), other than for actual out-of-pocket costs; and (ii) have damages multiplied or otherwise increased. Entrants agree that the rights and obligations of any entrant and/or Contest Entities and/or any other party shall be resolved individually, without resort to any form of class action.
14. PUBLICITY RIGHTS: By participating in this Contest, each entrant agrees to allow the Sponsor and Sponsor’s designee the perpetual right to use his/her/their name, address (city and state), biographical information, likeness, picture and other information and content provided in connection with the Contest for promotion, trade, commercial, advertising and publicity purposes in all media worldwide including, but not limited to, on television and the Internet, without notice, review or approval and without additional compensation, except where prohibited by law.
15. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Contest 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 Contest 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 Contest 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, photos, or videos 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 Contest Entity's use of any such similar or identical material. Each entrant acknowledges and agrees that the Contest 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 Contest 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.
16. NO OBLIGATION TO USE: Sponsor shall have no obligation (express or implied) to use any Submission, or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of any Submission for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof. In addition, Sponsor shall have no obligation (express or implied) to use any content created as a result of or related to this Contest or the Prize.
17. DATES & DEADLINES/ANTICIPATED NUMBER OF ENTRANTS: 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.
18. FURTHER DOCUMENTATION: If Sponsor shall desire to secure additional assignments for 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.
19. GENERAL: Any attempted form of participation in this Contest other than as described herein is void. If it is discovered or suspected in Sponsor’s sole and absolute discretion that an entrant has registered, entered, or attempted to register for or enter the Contest using multiple e-mail addresses, identities, proxy servers or like methods, all of that entrant’s entries will be declared null and void, and that Entrant will be ineligible to participate or win the Prize. In the event of a dispute as to the identity of the winner, the winning Submission will be declared made by the authorized account holder of the e-mail address associated with the e-mail address and TikTok account used to submit the Submission. The “authorized account holder" is defined as the natural person who is assigned an e-mail address or TikTok account by an Internet access provider, online service provider or other organization responsible for assigning e-mail addresses or TIkTok account for the domain associated with the submitted e-mail address or TIkTok account. Each entrant may be required to show proof of being an authorized account holder. Sponsor and Administrator reserve the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Contest, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of a Contest. Any use of robotic, automatic, macro, programmed, third-party or like methods to participate in the Contest will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. Sponsor’s and/or Administrator’s interpretation of these Official Rules is final and binding in all matters related to the Contest. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All Entries and/or materials submitted will not be returned. In the event of any conflict with any Contest details contained in these Official Rules and Contest details contained in any promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging, and other promotional media), the details of the Contest as set forth in these Official Rules shall prevail.
20. WINNER LIST: To obtain the name of the Prize winner, mail a self-addressed, stamped business-sized envelope to The Join #TeamStateFarm TikTok Challenge Contest P.O. Box 251328, West Bloomfield, MI 48325. Winner List requests must be received by April 23, 2022.
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