Calling all Booksellers! Are you ready to "Spread the Indie Love" for a chance to win $100??
OFFICIAL SWEEPSTAKES RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. SCROLL ALL THE WAY DOWN FOR FULL SWEEPSTAKES RULES.
|IBPA's "Spread The Indie Love" sweepstakes ad as it appears on the back cover of the Winter 2019/2020 IBPA Bookstore Catalog
1. Eligibility: Open to legal residents of the United States including the District of Columbia, who are eighteen (18) years of age or older or are the age of the majority in their respective states/jurisdictions (whichever is greater) as of date of entry, have an Instagram, Facebook or Twitter account, and have an ownership interest of any kind in, or are employed on a full or part-time basis by, an independently owned single location “brick and mortar” independent retail bookstore (i.e., not part of a national chain of stores nor part of a business that sells the majority of its books online). Employees and their immediate family members (parents, siblings, children and spouse, and persons residing in the same household whether related or not) of the Independent Book Publishers Association (“Sponsor”) and of its parent and affiliated associations, companies, subsidiaries, and advertising and promotion agencies, and all other companies associated with the Spread the Indie Love Sweepstakes (the “Sweepstakes”), and their respective officers, directors, and agents, and all individuals, including, but not limited to, consultants, independent contractors, so-called “temporary employees,” former employees and interns (and their immediate family members) who have, within the past six months, performed services for Sponsor, are not eligible to enter or win. Void where prohibited by law.
2. Sweepstakes Period: The Sweepstakes begins on November 6, 2019 at 10:00 a.m. PST and ends on Sept 29, 2020 at 5:00 p.m. PDT (the “Sweepstakes Period”). Within the Sweepstakes Period there will be four (4) rounds (“Rounds”) as follows:
- Round One: Nov 6, 2019 at 10am PST to Feb 4, 2020 at 5pm PST
- Round Two: March 18, 2020 at 10am PDT to April 28, 2020 at 5pm PDT
- Round Three: June 10, 2020 at 10am PDT to July 14, 2020 at 5pm PDT
- Round Four: Sept 2, 2020 at 10am PDT to Sept 29, 2020 at 5pm PDT.
Sponsor or Sponsor’s designee shall be the sole determiner of all Sweepstakes-related time periods.
3. How to Enter: During any Round listed above, entrants (“Entrants”) must do the following to enter:
a. Pose for a photograph of yourself in your bookstore holding any edition of the Independent Book Publishers Association (IBPA) book catalog titled “Indie Titles for Your Consideration” bearing a 2020 date and a copy of any book that is displayed in that catalog, showing the covers of both catalog and book; and
b. (i) Using your Instagram or Twitter account, post the photograph using the hashtags #ibpalovesindies#sweepstakes and tag IBPA within those social media platforms (Instagram: ibpalovesindies; Twitter: @ibpa); or,
(ii) Using your Facebook account, go to your Facebook page and post the photograph using the hashtags #ibpalovesindies #sweepstakes and tag us @IBPAonline.
Each valid post, regardless of platform, constitutes a “Submission.”
Each Submission counts as one (1) entry in the Sweepstakes for the Round in which the post was submitted. You may enter once per day during each Round of the Sweepstakes, and you may enter in as many Rounds as you like (except that, if you win, you may not enter in any subsequent Rounds). Receipt of entries will not be acknowledged. Late or incomplete entries, or entries that do not comply with the submission requirements set forth in Section 4, below, are null and void. Sponsor, its employees, agents, and representatives are not responsible for late, incomplete, corrupted, or misdirected entries.
4. Submission Requirements; Grant of Rights to Sponsor:
a. The Submission photograph should include only Entrant and should be taken inside Entrant’s store. No other people should appear in the foreground or background of the photograph.
b. Entrants should ensure that the clothing they wear in the photograph does not contain any identifiable names or logos of companies, teams, other organizations or third parties.
c. Any Submission that Sponsor, at its sole discretion, deems to be inappropriate (including, but not limited to, Submissions containing content that infringes or may infringe any third party’s intellectual rights or right of publicity, or content that Sponsor deems to be offensive, defamatory, indecent, disparaging, obscene, pornographic, abusive, harassing, or illegal, or that constitutes an unlawful invasion of privacy, or which in any manner violates these Official Rules) shall be null and void and ineligible to win.
d. Each Entrant shall retain its ownership interest and applicable intellectual property rights in and to its Submission. However, each Entrant hereby grants Sponsor, and its agents, affiliates, successors and assigns a perpetual, irrevocable, worldwide, non-exclusive, and royalty-free, sub-licensable and transferable license to use and distribute the Submission in any manner and for any purposes in connection with the Sweepstakes and in connection with Sponsor’s other advertising and marketing endeavors in any and all manner, media and channels of distribution. However, Sponsor is under no obligation to use any Submission it receives. Each Submission is, and will be treated as, non-confidential and non-proprietary. Sponsor retains the right to edit all Submissions in any manner and for any purpose, but is under no obligation to do so.
e. Each Entrant hereby represents and warrants that it owns the Submission submitted by it, or that it otherwise has the right to grant use thereof as set forth in this section; that it has obtained the requisite consent to include the name of the bookstore and the image of the premises in the Submission; and that the posting, distribution, or use of said Submission does not violate the privacy rights, publicity rights, copyright, trademark rights, contract rights, or any other rights of any person or entity. Entrant acknowledges and understands there shall be no consideration, royalties or other compensation from Sponsor, its agents, affiliates or assigns for use of said Submission or the content therein. Each Entrant hereby agrees to defend, indemnify, discharge, release, and hold the Sweepstakes Entities (as defined below) harmless from any action or liability, in any form or manner and inclusive of attorneys’ fees and costs, arising from any claim of infringement of any third party’s rights in connection with the Submission.
By entering, all Entrants hereby agree to abide by these Official Rules, including the Submission Requirements above.
5. How to Win: For each Round of the Sweepstakes Period, ten (10) winners (each a “Winner”) will be determined by a random drawing from all the valid entries in that Round to take place within approximately seven (7) days following close of the Round. Thus, there will be a total of forty (40) Winners in this Sweepstakes. Losing Submissions will not be rolled-over into subsequent Rounds. Winners in any Round will not be eligible to enter in subsequent Rounds of the Sweepstakes. Potential Winners will be notified by replying to or commenting on their winning entry (on Twitter, Facebook, or Instagram) within forty-eight (48) hours following the drawing, and the notification will provide instructions for contacting the Sponsor or its designated representative. Upon receiving notification, Winners must reply to Sponsor or Sponsor’s designee within forty-eight (48) hours of the notification. In the event Sponsor or its designee is unable to successfully contact or communicate with a potential Winner, Sponsor may conduct another random drawing to determine an alternate Winner who will replace such potential Winner.
6. Prize: Forty (40) Winners will each receive a $100 gift card (VISA or comparable). Terms and conditions apply. The approximate retail value (“ARV”) of each prize is $100.00. The total ARV of all prizes awarded in this Sweepstakes is $4,000. To receive the prize, Entrants must be in compliance with these Official Rules as solely determined by the Sponsor. In the event a Winner is unable to claim or otherwise utilize the prize, it may be awarded to the next eligible Entrant selected.
Odds of winning depend on the number of eligible entries received during each Round of the Sweepstakes Period.
ALL FEDERAL, STATE, AND LOCAL TAXES ARE SOLELY THE RESPONSIBILITY OF THE WINNER. Any difference between the stated estimated value of the prize and its actual value will not be awarded. Winner agrees to accept the prize “as is.”
Prize is nonrefundable and nontransferable. Sponsor is not required to (but may, in its sole discretion) offer substitutions, or an alternative to the prize awarded under this Sweepstakes. In addition, Sponsor reserves the right to substitute a prize of equal or greater value in the event a prize is unavailable. The prizes awarded are subject to the restrictions and limitations noted in these Official Rules, on the prize and/or included with the prize.
7. General Entry Rules: Any individual or Entrant who attempts or otherwise encourages, directly or indirectly, entry under multiple identities, accounts, or for a proxy individual, or uses any other device, method, or artifice to enter or encourage, directly or indirectly, multiple or false entries as determined by the Sponsor, will be disqualified. Sponsor, at its sole discretion, reserves the right to review and investigate all entries and to take any and all measures it deems necessary to ensure a fair Sweepstakes. Lost, corrupted, or incomplete entries that do not conform to these Official Rules will be deemed ineligible, disqualified and void.
In the event of a dispute, entry information will be declared made by the Entrant’s social media account information.
Sponsor and its parent, subsidiaries and affiliates, advertising and promotion agencies, suppliers, printers, and distributors, and their respective officers, directors, employees, representatives and agents and any other person or entity related in any way to this Sweepstakes (collectively, the “Sweepstakes Entities”), are not responsible for circumstances that may limit or otherwise restrict the ability to participate, including, but not limited to: (i) late or incomplete entries; technical, hardware, or miscellaneous software malfunctions; viruses; network or electronic malfunctions of any kind; (ii) any human error that may occur in Winner notification or other Sweepstakes-related communications; (iii) or for any printing errors in these Official Rules. If a printing, electronic, or other error results in more prizes being claimed than the number stated in these Official Rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available. No more than the advertised number of prizes will be awarded.
If for any reason the Sweepstakes cannot be conducted as described in these Official Rules (including infection by computer virus, bugs, worms, tampering, hacking, unauthorized intervention, fraud, technical failures, or any other cause beyond the reasonable control of Sweepstakes Entities that corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Sweepstakes), then, in such an event, Sponsor shall have the right, at its sole discretion, to cancel, terminate, modify or suspend this Sweepstakes and randomly select Winners from entries received prior to the action taken, or as otherwise deemed fair and appropriate by Sponsor. SPONSOR RESERVES THE RIGHT TO PROSECUTE ANY FRAUDULENT ENTRIES OR VOTES TO THE FULLEST EXTENT OF THE LAW. At Sponsor’s sole discretion, Entrants who do not comply with these Official Rules or otherwise attempt to interfere with this Sweepstakes in any way may be disqualified. ALL DECISIONS BY SPONSOR ARE FINAL. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THESE OFFICIAL RULES, DO NOT ENTER THE SWEEPSTAKES.
8. Release and Indemnification: By entering, Entrants agree to be bound by these Official Rules and the decisions of Sponsor which shall be final for all purposes hereunder, and agree: (i) Sponsor, its parent, subsidiaries, affiliates, advertising and promotion agencies may use, edit, and alter their names, likenesses, images, photographs, voices, cities/states of residence, and biographical information and the prize for advertising, trade and promotion in any media or format now or hereafter known, including on the Internet, including, but not limited to, social media platforms, or via wireless application protocol, without further compensation, permission or notification, except where prohibited by law; (ii) Entrants acknowledge, understand, and agree that each of them assumes liability for, and all risks of, any and all injuries (including without limitation, personal injury, illness, adverse reaction, or death) or damages caused, or claimed to be caused, by participating in the Sweepstakes or the prize, and that Entrants, their heirs, next of kin, spouse, guardians, legal representatives, executors, administrators, successors and assigns, hereby unconditionally and irrevocably release and agree to defend, indemnify, forever discharge and hold the Sweepstakes Entities, together with Instagram, Facebook and Twitter, harmless from and against any and all claims, demands, liens, agreements, suits, costs, attorneys’ fees, damages, judgments, orders, and liabilities of whatever kind or nature in law, equity or otherwise, whether known or unknown, suspected or unsuspected, and whether or not concealed or hidden inclusive of any claims for damage to property, personal injury, illness, mental illness, or death, or claims based on defamation, rights of privacy, intellectual property rights, and rights of publicity in any way arising directly or indirectly out of the Entrants’ participation in the Sweepstakes and/or the prize.
Each Entrant hereby waives application of California Civil Code Section 1542 which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
Each Entrant expressly waives the provisions of Section 1542 of the California Civil Code as well as any other statutes, rules, laws, ordinances, or common law principles or other authority of similar effect of any jurisdiction, and further waive any right to invoke said provisions now or in the future with regard to the Sweepstakes. Entrants and the Winners further acknowledge and agree that this waiver is an essential and material term of these Official Rules and the Sweepstakes.
Winners may be required to complete and sign an Affidavit of Eligibility and Publicity/Liability Release (unless prohibited by law) and other documents as determined by Sponsor in its sole discretion. As applicable, Entrant must return the aforementioned materials to Sponsor or Sponsor’s representatives or prize may be forfeited and awarded to the next eligible entrant selected.
9. ARBITRATION CLAUSE. EXCEPT TO THE EXTENT PRE-EMPTED BY FEDERAL OR OTHER APPLICABLE STATE LAW, THE SWEEPSTAKES SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW PROVISIONS THEREOF. ENTRANTS UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN ENTRANT AND THE SWEEPSTAKES ENTITIES SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. BY ENTERING, ENTRANTS VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”), AND CONDUCTED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC. (“JAMS”), IN ACCORDANCE WITH THE JAMS COMPREHENSIVE ARBITRATION RULES. THE TRIBUNAL WILL CONSIST OF ONE ARBITRATOR. THE PREVAILING PARTY SHALL BE ENTITLED TO AN AWARD OF ITS REASONABLE ATTORNEYS’ FEES AND ACTUAL COSTS INCURRED IN SUCH ACTION. THE ARBITRATOR SHALL BE BOUND TO APPLY AND ENFORCE THE TERMS OF THE OFFICIAL RULES AND THE ARBITRATOR’S DECISION WILL BE FINAL, BINDING, AND ENFORCEABLE IN A COURT OF COMPETENT JURISDICTION. NEITHER ENTRANT NOR SPONSOR SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS.
FURTHER, IN ANY SUCH DISPUTE, UNDER NO CIRCUMSTANCES WILL ENTRANTS BE PERMITTED TO OBTAIN AWARDS FOR, AND THEY HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES) AND THEY FURTHER WAIVE ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED.
10. Digital Millennium Copyright Act:
Pursuant to the Digital Millennium Copyright Act, if an individual or an entity has a good faith belief that a Submission infringes upon any third party copyright, please notify us by email at firstname.lastname@example.org with the subject line stating “Copyright.” The DMCA notice MUST include the following: (i) a description of the alleged infringement in detail; (ii) the name of the copyright owner or party who retains authorized use; (iii) the URL(s) where the alleged infringement can be located; (iv) a statement indicating your authorization to file a DMCA complaint; (v) how you may be contacted; and (vi) the following statement:
“I have a good faith belief that use of the copyrighted material described above is not authorized by the copyright owner or its agent, nor is such use otherwise permissible under law. I declare, under penalty of perjury, that the information presented herein is accurate, that I am authorized to represent the copyright holder, and I have a good faith belief that the use is infringing.”
11. Winners List and Official Rules: You may request the name of the Winners by sending a self-addressed, stamped envelope by November 29, 2020 to Sponsor at the address below, Attn: The Indie Love Sweepstakes. During the Sweepstakes Period, Official Rules requests may be sent to the same address. Rules requests must include a self-addressed, stamped envelope. Residents of Vermont may omit return postage for rules requests.
12. No Instagram, Facebook or Twitter Participation: Instagram, Facebook and Twitter do not sponsor, endorse, or administer the Sweepstakes, nor are they otherwise associated with same.
14. Sponsor: Independent Book Publishers Association, 1020 Manhattan Beach Blvd., Suite 204, Manhattan Beach, CA 90266
15. Copyright Notice: The Sweepstakes and all accompanying materials are Copyright 2019 Independent Book Publishers Association. All rights are reserved.