General Contest Rules
Unless otherwise specified, these rules apply to any contest (“Contest”) operated by POCSTOCK Inc. ("POCSTOCK", "us", "we"). By entering the Contest, entrants agree to be bound by these rules and Terms of Service
, and will be deemed to have received and understood these rules. See individual Contest rules for the details of the specific Contests (including specific eligibility requirements, how to enter, start/end dates for entry, prizes and how winners will be determined).
Eligibility. Unless otherwise stated, Contests are open to any eligible member (“Contributor”) of POCSTOCK’s platform with an account in good standing. The following individuals are not eligible to participate in the Contest: (a) employees, officers, directors, agents, shareholders, and representatives of (i) POCSTOCK, (ii) the applicable prize supplier(s), (iii) the applicable Contest judges (if any), and (iv) any and all other companies associated with the Contest; and (b) a member of the immediate family (spouse, parent, child, sibling, whether related through blood, marriage, common law, civil union or adoption, regardless of where they live) or household (whether related or not) of any of the foregoing individuals; (c) individuals who have not reached the age of majority in order to enter a contest or claim a prize in the country in which they reside; (d) individuals residing in any country where they are prohibited from entering into the Contest; and (f) individuals residing in countries with which US laws prohibit doing business with.
Proof of Eligibility. POCSTOCK shall have the right at any time to require that an applicant provide proof of identity and/or eligibility to participate in a Contest. Failure to provide truthful, complete, and accurate proof may result in disqualification.
Contest Prizes. Prizes must be accepted as awarded, without substitution, transfer, exchange or assignment, unless otherwise determined at the sole discretion of POCSTOCK and/or the prize supplier(s). Any costs or expenses incurred by the winners in claiming or using their prizes will be the sole responsibility of the winners. Prizes are provided with standard manufacturer's warranty without further representation, or guarantee of any kind, whether express or implied. POCSTOCK and/or the prize supplier(s) reserve(s) the right, in their sole discretion, to substitute a prize or a component of a prize with a prize or a component of a prize (as applicable) of equal or greater value, including, without limitation, a monetary award, if the prize or prize component cannot be awarded by POCSTOCK and/or the prize supplier(s) for any reason. Prizes may not be exactly as advertised.
How to Enter. No purchase necessary to enter a Contest. Entrants must be an eligible POCSTOCK Contributor in good standing at the time of entry and at the time winners are determined. All participants must adhere to the entry mechanism and requirements for the Contest. To enter a Contest, visit pocstock.com (the “Website”) during the applicable Contest entry period and submit your entry in accordance with the specific entry requirements as stated on the Website. By successfully transmitting a completed entry as directed, you will be entered in the Contest.
Contest Submissions. Contest entry requires you to upload original photographs, illustrations, artwork, animations, videos, paintings, texts, or any other content or media featuring people of color (collectively, "Content") to POCSTOCK, subject to instructions provided by POCSTOCK or its representatives. By submitting Content to POCSTOCK, you represent and warrant that your Content (a) is original to you, and that you have all necessary rights (including, without limitation, copyright) in and to the Content to enter the Contest; (b) does not include content that is defamatory, libelous, pornographic or obscene; and (c) does not contain, depict, include, or involve, (i) nudity, (ii) explicit, graphic or excessive sexual activity, (iii) crude, vulgar or offensive language and/or symbols, (iv) derogatory characterizations of any ethnic, racial, sexual or religious groups, (v) content that endorses, condones and/or pertains to any illegal, inappropriate or high risk activity, behavior or conduct, (vi) materials embodying the names, likenesses, photographs, or other identifying elements (including, without limitation, names and addresses, physical or electronic) of any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without express written permission from the person or persons (or their parent/legal guardian for minors), (vii) commercial messages, comparisons or solicitations for products or services, (viii) does not contain any viruses, worms, spyware, or other components or instructions that are malicious, deceptive or designed to limit or harm the functionality of a computer, computer system, the Contest or the Website, or (ix) any other content that is, or could reasonably be considered to be, inappropriate, unsuitable or offensive, as determined by POCSTOCK in its sole discretion. POCSTOCK reserves the right to have any photo or other Content removed which, in its sole determination, does not comply with these rules.
By entering a Contest requiring the submission of Content, you grant to POCSTOCK a worldwide, perpetual, royalty-free, irrevocable, non-exclusive and unlimited license to use, reproduce, modify, adapt, translate or alter your entry (including the Content), in whole or in part, in any media, for any purpose related to the Contest and in any media whatsoever, without further compensation or right of approval. By entering a Contest and submitting Content you also agree to the POCSTOCK terms of service
. You further agree to indemnify and hold harmless each of the Releases (defined below) from and against any and all losses, damages, expenses, liabilities, claims and demands of whatever nature or kind (including reasonable legal fees and related costs incurred in the settlement or defense thereof) arising from any breach of the representations and warranties in these Contest rules, the Content, or POCSTOCK’s use of the Content in accordance with these rules.
Ineligible Attempts at Entry. Any attempt or suspected attempt to enter a Contest in a fashion not authorized by these rules shall be deemed to be tampering and will void all of your entries. Entries that contain false information and/or are late, lost, stolen, falsified, illegible, damaged, misdirected, mutilated, garbled or incomplete, altered or otherwise irregular or entries that have been submitted using robotic, automated, programmed, or through illicit means, or that do not conform with or satisfy any or all of these rules, as determined in POCSTOCK’s sole discretion, will be judged null and void and disqualified. Only entries received by POCSTOCK will be considered. Proof of entry transmission shall not constitute proof of receipt. The sole determinant of time for valid online entry in a Contest will be the POCSTOCK website server machine(s).
Prize Acceptance. Winners will be notified by email within 2 weeks of the date the winner is determined. A selected entrant may be required to provide proof of identification when claiming a prize or otherwise in connection with a Contest to facilitate the administration of the Contest and/or to ensure the accurate identification of a Contest winner. Once confirmation of a Contest winner is complete in accordance with the terms of these rules, POCSTOCK and/or any prize supplier(s) will promptly coordinate prize distribution. In the event that a selected winner of any prize is ineligible, cannot be contacted or does not respond within ten (10) days to a winner notification, fails to return the release form within the required time period, refuses the prize or otherwise fails to comply with the contest rules, the prize will be forfeited and POCSTOCK and/or Sponsor, in its/their sole discretion, may choose whether to award the prize to another entrant.
Release of Liability and Consent to Publicity. By entering a Contest, each entrant accepts and agrees to (i) be legally bound by these rules, including all eligibility requirements, (ii) be bound by the decisions of POCSTOCK and its representatives or the independent judging organization (if any) which are final, binding and conclusive (without appeal) on all matters relative to the Contest; and (iii) waive any and all claims against POCSTOCK, its parent and affiliated companies, the Contest prize suppliers, the Contest judges (if applicable), and any and all other companies associated with the Contest, and all of their respective employees, officers, directors, agents, representatives, shareholders, successors and assigns (collectively, the “Releases”) for any injury, damage, or loss that may occur, directly or indirectly, in whole or in part, from his/her participation or attempted participation in the Contest or from the receipt or use or misuse of any prize or any travel or activity related to the receipt or use of any prize.
By accepting a Contest prize, each winner authorizes POCSTOCK and its designees to use the winner’s name, country/city/territory of residence, photograph, image, likeness, voice, Contest entry (including any Content), and any statements he/she may make regarding the Contest prize for advertising and promotional purposes in connection with the applicable Contest (or any substantially similar contest), worldwide in perpetuity, in any form of media including the Internet, without limitation and without additional compensation or consideration, permission or notification, unless prohibited by law; and each winner waives any rights that may exist in respect of materials produced pursuant to the foregoing.
Limitation of Liability. The Releases are not responsible for (i) stolen, late, incomplete, illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged, delayed, undelivered, mutilated, postage-due or garbled entries, transmissions, email or mail; (ii) lost, interrupted or unavailable network, cable, satellite, server, Internet Service Provider, website, or other connections, including those through and/or by any website; (iii) jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (iv) failures or malfunctions of phones, phone lines or telephone systems, any error, omission, interruption, defect or delay in transmission, processing, or communication; (v) non-delivered, misdirected, blocked, or delayed email notifications; (vi) printing, typographical or other errors appearing within these rules, in any Contest-related advertisements or other materials; or (vi) any other errors, problems or difficulties of any kind, whether human, mechanical, electronic, network, computer, telephone, mail, typographical, printing or otherwise relating to or in connection with a Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, the announcement of the prize or in any Contest-related materials, or the cancellation or postponement of any event. The Releases are also not responsible for any incorrect or inaccurate information, whether caused by Website users, tampering, hacking, or by any equipment or programming associated with or utilized in a Contest. The Releases are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participation in a Contest or downloading materials from or use of the Website.
Governing Laws. Contests will be run in accordance with these rules, which shall be governed by the laws of the State of New York.
Taxes and Fees. All federal, state/provincial/territorial, and local taxes, fees and surcharges and taxes (whether foreign or domestic, and including income, sales, and import taxes) on prizes are the sole responsibility of the prize winners.
Right to Cancel and Amend. Subject to applicable law, POCSTOCK reserves the right, in its absolute discretion, to cancel, suspend or otherwise modify any Contest (or any portion thereof) and/or to amend these rules at any time and in any way, without prior notice, for any reason whatsoever, including, but not limited to, incidents where a virus, bug, unauthorized human intervention, or other causes corrupt the administration, security, fairness, integrity or proper operation of the Contest (or any portion thereof). In the event of cancellation, POCSTOCK may elect to identify any winner(s) and award any prize by way of random drawing from among all non-suspect, eligible entries received up to the time of such cancellation.
Code of Conduct. POCSTOCK reserves the right, in its sole and absolute discretion, to disqualify without notice any entrant that it finds to be: violating these rules; tampering or attempting to tamper with the entry process or the operation of a Contest or the Website; acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; or attempting to undermine the legitimate operation of a Contest. Any attempt by an entrant or any other individual to undermine the legitimate operation of a Contest may be a violation of criminal and/or civil laws. Should any such attempt be made, POCSTOCK reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution, and to ban or disqualify an entrant from the applicable Contest and any future contests.