BALL SPRAY CAMPAIGN OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN
This Contest is in no way sponsored, endorsed or administered by, or associated with Twitter. You understand that you are providing your information to Dollar Shave Club, Inc. and not to Twitter. The information you provide will only be used in the event you are determined a “Grand Prize Winner” (as defined below).
- CONTEST PERIOD: The Ball Spray Campaign (“Contest”) starts once the Twitter post goes live on July 21, 2020 and ends at 11:59 p.m. Eastern Time (“ET”) on August 3, 2020 (“Contest Period”).
- ELIGIBILITY: Open to legal residents of the 50 United States and the District of Columbia, 18 years of age or older as of date of entry, who have testicles. Employees of Dollar Shave Club, Inc. (the “Sponsor”), Don Jagoda Associates, Inc. (“Administrator”), their respective affiliates, parents, subsidiaries, divisions, suppliers, distributors and advertising, promotional and judging agencies (collectively, the “Sponsor and its Administrators”), and its affiliates and each of their respective employees, shareholders, directors, officers, members, assigns and agents and their immediate family members and/or those living in the same household of each are not eligible to participate or win. Void where prohibited by law. Contest is subject to all applicable federal, state and local laws.
- HOW TO ENTER: Throughout the Contest Period, Sponsor will make post(s) in relation to the Contest on its owned and operated Twitter handle: @dollarshaveclub (each, a “Post”). Once you see a Post, you may enter on Twitter.com or the Twitter application (the “Site”) by following the instructions to reply to a Post with a word description in 280 characters or less explaining what your balls (testicles) mean to you using the hashtags #paintmyballs and #contest (the “Submission”) to receive one (1) entry (the “Entry”). Your Submission may not include a photo or video. Your Submission must be a reply to a Post or it will not be eligible. Your Submission must describe your own testicles; you may not describe someone else’s. Your Submission must be uploaded in accordance with the Twitter Terms of Service (https://twitter.com/en/tos). You must have a public Twitter account to enter. If you do not have a Twitter account, and you would like to create one for free, visit twitter.com to sign up. You must follow @dollarshaveclub for your Submission to be eligible. Potential Grand Prize Winners may be required to show proof of being the authorized account holder of the Twitter account associated with the Entry. Limit one (1) Entry per person/Twitter username. Entries in excess of that limit will be disqualified if discovered by Sponsor. The person uploading the Entry will be deemed the entrant (the “Entrant”). If there is a dispute as to the identity of an Entrant, the Entrant will be deemed the authorized account holder of the Twitter account submitted at the time of Entry. “Authorized account holder” of a Twitter account is defined as the person who is responsible for joining Twitter and who manages the e-mail address associated with the account. Any Entry not in compliance with the above and which does not meet the other requirements of these Official Rules will be disqualified. Participation is subject to disqualification of all Entries, if Sponsor and its Administrators discover that multiple accounts are used by the same person. As applicable, normal Internet/phone access and usage/data charges imposed by Entrants’ online/mobile service will apply.
- ENTRY REQUIREMENTS: Your Submission must be text only; Submission may not include a photo or video. Your Submission must be a reply to a Post or it will not be eligible. By entering, you agree to waive any rights you may have to the Entry submitted. The Entry, or portion thereof, may not contain obscene, profane, lewd, defamatory or inappropriate content, or be disparaging to Sponsor, as determined in Sponsor’s sole discretion. Entries must be in keeping with Sponsor's image and may not be offensive, as determined by Sponsor in its sole discretion, nor can it defame or invade publicity rights or privacy rights of any person, living or deceased, or otherwise infringe upon any person's personal or proprietary rights. Entrants may not copy or otherwise plagiarize the Entry from any source. All Entries must be the sole, original work of the Entrants. Any Entry or portion thereof that is, in the Sponsor’s sole discretion, obscene, profane, lewd, defamatory, inappropriate, disparaging, offensive or contains proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity, or is otherwise objectionable, will not be considered and may disqualify the Entrant. Entries should not contain any third-party materials (other than Dollar Shave Club), or otherwise violate or infringe (or possibly infringe) any copyright, trademark, logo, mark that identifies a brand. Sponsor may blur or black out the infringing material, in their sole discretion. Entries become the property of the Sponsor and will not be acknowledged or returned. Entrants and Grand Prize Winners acknowledge and agree that their Entries become the property of the Sponsor, which thereby has the right to edit, adapt, modify, reproduce, promote and otherwise use Entries in any way it sees fit. Twitter is not affiliated with this in any way and is not responsible for the administration of the Contest or the awarding of the prizes. No endorsement or approval of Contest by Twitter is expressed or implied. Automated, script, macro or robotic Entries submitted by individuals will be disqualified. Entries may be posted on the Sponsor’s social media sites, and may be posted on other websites, in Sponsor’s sole discretion. Any Entry not in compliance with the above and which does not meet the requirements of these Official Rules will be disqualified.
- JUDGING: All Submissions will be judged by Sponsor-selected judges (“Judges”) on or about August 14, 2020 based on the following criteria: Originality/Creativity (25%); Most Compelling/Moving (25%); Passion/Enthusiasm (25%); and Ability to Inspire Art (25%) (the “Judging Criteria”), to determine two (2) Grand Prize winners (each, a “Grand Prize Winner”). Any tied Submissions will be re-judged by the judges based 100% on Ability to Inspire Art. Judges’ decisions are final with respect to all matters relating to the Contest. By participating, Entrants agree to the Official Rules and the decisions of the Judges, which shall be final and binding in all respects.
- GRAND PRIZE: Grand Prize (2 total): A $25,000 check made payable to the Grand Prize Winner. Grand Prize Winner’s Submission will also be used to inspire an interpretative representation of Grand Prize Winner’s testicles by a Sponsor-selected artist (the “Art”). As a condition of being deemed a Grand Prize Winner each Grand Prize Winner acknowledges and agrees that the Art is the property of the Sponsor, who thereby has the right to edit, adapt, modify, reproduce, promote and otherwise use the Entry in any way it sees fit. Grand Prize Winner will not receive the Art nor will Grand Prize Winner receive a copy of the Art. There is no retail value associated with the Art portion of the Grand Prize. Grand Prize Winner will not receive compensation for the Art. As a condition of winning, Grand Prize Winner understands and agrees that their Submission will be used to inspire the Art and Grand Prize Winner will not have the opportunity to modify or edit the Art. Grand Prize is non-transferable and no substitutions are allowed except by the Sponsor, who reserves the right to award a prize of equal or greater value.
- GENERAL: The Site’s computer timestamp is the official timekeeper for purposes of this Contest. Potential Grand Prize Winners will be initially notified by direct message on Twitter or a comment on their Submission and will be required to follow the instructions outlined in the direct message or comment within twenty-four (24) hours of notification attempt or Grand Prize will be forfeited and an alternate Grand Prize Winner will be determined. Potential Grand Prize Winners will then be required to sign and return, a Declaration of Eligibility and Liability Release, and except where prohibited, publicity release and assignment of rights (“Declaration”) within twenty-four (24) hours of notification in order to be confirmed as a Grand Prize Winner. If a potential Grand Prize Winner fails to return the completed Declaration within twenty-four (24) hours, Declaration is returned as undeliverable, Entrant shall be deemed to be ineligible, the Grand Prize will be forfeited and an alternate potential Grand Prize Winner will be determined. Potential Grand Prize Winners understand and agrees that, as a condition of being awarded the prize, he/she may be subject to a background check at the sole discretion of Sponsor; failure to comply may result in disqualification and forfeiture of prize. In addition, at the discretion of the Sponsor, potential Grand Prize Winner may be disqualified: (a) if charged with or convicted of a felony or misdemeanor; (b) if Sponsor determines, in its sole discretion, that awarding the prize to such individual may reflect unfavorably on the Contest or Sponsor; (c) if he/she is not eligible to receive the prize based on the eligibility requirements set forth in these Official Rules; (d) if Sponsor determines that he/she failed to comply with these Official Rules in any way; or (e) if he/she refuses to or cannot accept the prize for any reason. Winners and all Entrants, as a condition of entry into the Contest, agree to release and hold harmless Sponsor and its Administrators, Twitter, each of their respective agencies, parents, subsidiaries, affiliates and each of their respective officers, directors, shareholders, members, employees, agents, assigns, and all others associated with the development and execution of the Contest (collectively the “Released Parties”) from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with submitting an Entry or otherwise participating in any aspect of the Contest, the receipt, ownership or use of prizes awarded or any typographical or other error in these Official Rules or the announcement or offering of the prizes. Grand Prize Winners assume all liability for any injury or damage caused, or claimed to be caused by participation in the Contest or use or redemption of the prize. Acceptance of prize constitutes permission to use Grand Prize Winners’ names, likenesses, Entries, Submissions, and Art for promotional purposes (including any possible public relations opportunities) without further compensation except where prohibited by law. By entering, Entrant accepts and agrees to be bound by these Official Rules. Entries will be declared to be made by the authorized account holder of the Twitter account or email address associated with the Entry. Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Contest; violates the Official Rules; acts in an unsportsmanlike or disruptive manner; or acts with intent to annoy, abuse, threaten or harass any other person. The Released Parties are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications, whether caused by the sender, by any of the equipment or programming associated with or utilized in the Contest which may limit the ability to participate, or by any human error which may occur in the processing of the Entries in the Contest. Entries generated by script or bot are not eligible. Sponsor reserves the right to cancel, terminate or modify the Contest if it cannot be completed as planned for any reason, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, technical failures or corruption of any sort. In such event, Sponsor will determine the Grand Prize Winners from eligible Entries received prior to cancellation as outlined above. As a condition of entering the Contest, Entrant agrees that: 1) under no circumstance will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for out-of-pocket expenses; 2) all causes of action arising out of or connected with the Contest, or prizes awarded, shall be resolved individually, without resort to any form of class action; and 3) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, but in no event will Entrant be entitled to receive attorneys’ fees or other legal costs.
- GOVERNING LAW & VENUE: SPONSOR IS REGISTERED UNDER THE LAWS OF THE UNITED STATES WITH HEADQUARTERS IN CALIFORNIA. THE NEW YORK COURTS (STATE & FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE PROMOTION AND THE LAWS OF THE STATE OF NEW YORK SHALL GOVERN THE SAME. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND HEREBY IRREVOCABLY SUBMITS TO THE VENUE OF THOSE COURTS WITHIN THE SOUTHERN DISTRICT OF NEW YORK.
- WINNERS: For the names of the Grand Prize Winners, available after August 24, 2020, send a stamped, self-addressed envelope by September 24, 2020, to: Ball Spray Campaign - Winners, 100 Marcus Drive (Dept. SD), Melville, NY 11747.
- SPONSOR/ADMINISTRATOR: The Sponsor of the Contest is Dollar Shave Club, Inc., 13335 Maxella Ave, Marina del Rey, CA 90292. The Administrator of the Contest is Don Jagoda Associates, Inc., 100 Marcus Drive, Melville, NY 11747.