
'Tis the Season of Giving
C Spire Christmas Wish 2017
C Spire Christmas Wish 2017
With inspiration like yours, anything is possible.
C Spire® 2017 Christmas Wish Contest
OFFICIAL CONTEST RULES AND REGULATIONS
NO PURCHASE REQUIRED TO ENTER OR WIN. ENTRANTS ARE NOT REQUIRED TO BE C SPIRE CUSTOMERS TO ENTER OR WIN. THE FOLLOWING CONTEST IS INTENDED FOR LEGAL RESIDENTS OF THE UNITED STATES AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO THE APPLICABLE LAWS OF THE STATES OF ALABAMA, MISSISSIPPI AND TENNESSEE AND THE UNITED STATES. DO NOT PROCEED WITH THIS CONTEST IF YOU ARE NOT A LEGAL RESIDENT OF ALABAMA, MISSISSIPPI OR TENNESSEE. VOID IN ALL OTHER JURISDICTIONS AND WHERE PROHIBITED BY LAW.
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OFFICIAL CONTEST RULES AND REGULATIONS
NO PURCHASE REQUIRED TO ENTER OR WIN. ENTRANTS ARE NOT REQUIRED TO BE C SPIRE CUSTOMERS TO ENTER OR WIN. THE FOLLOWING CONTEST IS INTENDED FOR LEGAL RESIDENTS OF THE UNITED STATES AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO THE APPLICABLE LAWS OF THE STATES OF ALABAMA, MISSISSIPPI AND TENNESSEE AND THE UNITED STATES. DO NOT PROCEED WITH THIS CONTEST IF YOU ARE NOT A LEGAL RESIDENT OF ALABAMA, MISSISSIPPI OR TENNESSEE. VOID IN ALL OTHER JURISDICTIONS AND WHERE PROHIBITED BY LAW.
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1. CONTEST OVERVIEW: C Spire ("C Spire") will conduct the "C Spire 2017 Christmas Wish Contest" (hereinafter referred to as the "Contest"). Contest entries will be accepted from 9:00 a.m. Central Standard Time on Monday, November 27, 2017 9:00 AM CDT through Saturday, December 3, 2017 9:00 PM CDT (hereinafter referred to as the "Contest Period"). Contest entrants ("Entrants" or "You") may enter by visiting cspire.com/wish, and follow the instructions on the website to enter a Contest Submission in Rule 2. Entrants who make a Submission that complies with the Creative Assignment described in Rule 2 will be eligible for their "wish" to be granted, as described more fully in Rule 3. Participation in the Contest may require Entrant's agreement to other applicable terms, conditions, or agreements with C Spire, including, but not limited to, C Spire's Terms of Use and/or C Spire's Privacy Policy. One entry per person; no additional entries will be permitted.
2. CREATIVE ASSIGNMENT AND HOW TO ENTER: The Contest is offered exclusively electronically on the Internet at cspire.com/wish. To create a Submission for the Contest, Entrants must visit cspire.com/wish. Entrants must visit cspire.com/wish, follow the instructions and submit a post regarding their Christmas Wish (a "Submission"). Submissions should contain a narrative concerning why Entrant or Entrant's Nominee is deserving of the wish and/or unique circumstances surrounding the wish. Submissions that may contain copyrighted material, in C Spire's sole discretion, may be removed and disqualified from entry. All eligible participants who meet the eligibility requirements of Paragraph 4 who make a Submission are entered into the Contest. Entrant understands and agrees that by entering in the contest, Entrant's Submissions may receive exposure on or in any and all earned and owned media, including C Spire's website and social media properties and print and electronic news media outlets. C Spire is not responsible in any manner for any critical or otherwise undesirable remarks posted by the public concerning Entrant or the Submission.
3. PRIZES AND SELECTION OF WINNER: The Winners are the Entrant(s) or Entrant's Nominee(s) whose entry submitted by Entrant receives the highest score by the judges. The Winners will be selected by December 8, 2017 and may be contacted to confirm availability of a Nominee to be surprised. A formal external announcement will be made by December 20, 2017. C Spire will grant up to four (4) Wishes (the "Prizes"), which may be discrepant in value and type, in C Spire's sole discretion. Winners are not entitled to exchange or transfer Prizes, or to obtain cash or other substitutes. C Spire may cancel the Contest for any reason without awarding any Prizes, in its sole discretion. Judging Criteria The Prizes will be awarded based on how the Submission aligns with the following Judging Criteria:
(1) Originality and Creativity- 30%
(2) Adherence to Creative Assignment-20%
(3) Compelling Nature of Submission- 50%
In the event of a tie, the Entrants whose entries have the highest score in the "Compelling Nature of the Submission" category will be declared the Winners. In the event that the Winner or Entrant who submitted the winning entry is found to be ineligible, fails to comply with Contest procedures, is not available to participate as specified, then runner-ups may be selected to participate, time permitting. By entering the Contest, Entrant and Winner agrees that the Submission complies with the requirements set forth in these Contest Rules, that C Spire has the right to utilize and publish the content of Entrant or Winner in any manner it wishes, and Entrant and Winner agree to execute a Publicity/Liability Release and such other documents and agreements as C Spire may request in order for C Spire to utilize Entrant or Winner's content, including, but not limited to background checks, or cooperation to procure Publicity Releases from Entrant, Winner or other individuals who may appear in the submission. Entrant and Winner agree and understand that Entrant and/or Winner may be surprised with the Prizes and such surprise may be filmed and used by C Spire in any manner. Failure of Entrant or Winner to cooperate in such manner will result in forfeiture of the prizes. C Spire reserves the right, in its sole discretion, to disqualify and randomly select an alternate Winner in the event that (a) there is an inconsistency with the information listed on the Entrant's entry or Submission; (b) the failure to provide C Spire with satisfactory proof of age, identity, and residency (c) the potential Winner declines acceptance of the Prize or declines to accept the Prize by failing to execute a Publicity/Liability Release; or (d) if in C Spire's determination, the potential Winner has not otherwise complied with these Official Rules. There will be no substitution for the Prizes. Prizes awarded are non-transferable. Failure to collect the Prizes constitutes forfeiture of the Prizes. If forfeited, the Prizes will remain the property of C Spire. Another winner may not be selected in C Spire's sole discretion. C Spire's decision shall be final in all matters pertaining to the Prizes.
4. ELIGIBILITY: The Promotion is open to any person who uses the Internet to electronically access cspire.com/wish, and who is 18 years of age or older at the time, and who is a legal resident of Alabama, Mississippi or Tennessee ("Entrants") and follows the instructions to enter a Contest Submission in Rule 2. Entrants are not required to be C Spire Customers to enter or win. No purchase is required to enter or win. All Entrants who reside in the State of Alabama must be 19 years of age or older at the time. Minors are ineligible to participate in the Contest in any manner. Employees, contingent staff persons, officers and directors, together with relatives (parents, grandparents, children, grandchildren, siblings and spouses of each) and/or those living in the same households, of C Spire and their respective parents, subsidiaries and affiliates are ineligible to participate in the Contest or win any contest Prizes. The term "immediate families" includes spouses, grandparents, parents, siblings and grandchildren. BY ENTERING THE CONTEST, ENTRANT WILL BE DEEMED TO HAVE READ, UNDERSTOOD AND AGREED TO THESE OFFICIAL RULES AND REGULATIONS AND YOU AGREE TO COMPLY WITH THE TERMS AND CONDITIONS OF THESE OFFICIAL RULES THROUGHOUT THE CONTEST PERIOD.
Creation Requirements
1. All Submissions must comply with the Creative Assignment requirements in Rule 2.
2. Acceptable sources for content include sources for which the content does not violate any trademarks or copyrights of any third party. This means do NOT use copyrighted photos, images or other content.
3. Content may not contain inappropriate language or content, including but not limited to: nudity, profanity, violence or defamatory content, nor may it violate C Spire's Terms of Use or Acceptable Use Policy found at http://www.cspire.com/legal/general_landing.jsp?id=LegalTermsOfUse#.
4. No minors may be shown in a Submission. By entering the Contest, Entrant represents no minors appear in the Submission.
5. The Submission must be authorized, which means Entrant has the legal right and all permissions and authorizations necessary to submit the Submission in the Contest from any and all persons appearing in the Submission.
6. C Spire reserves the right in its sole discretion to alter or modify Entrant's Submission without notification or consent from Entrant.
7. All statements and assertions of fact in the Submission are true and accurate.
8. The content uploaded by Entrant does not transmit or contain viruses or other computer programming content intended to damage, interfere with or otherwise detrimentally effect or compromise any system.
C Spire reserves the right in its sole discretion to disqualify and remove any Submission for violation of these Contest Rules and at any time for any reason or no reason.
5. PUBLICITY AND RIGHTS. By submitting an entry, Entrant agrees to and thereby does waive any and all property rights including, but not limited to, intellectual property rights or moral rights that exist in Entrant's Submission and any derivative works made there from. By entering a Submission, Entrant represents, warrants and undertakes that the Submission is (i) Entrant's original work and that Entrant has the sole right to submit it to the Contest; (ii) Submission does not violate in any way the rights of any third parties, including, but not limited to, copyright, trademark and other intellectual property rights, and (iii) does not violate any applicable laws. In the event that Entrant breaches any of Entrant's representations, warranties or undertakings contain in these Contest Rules, Entrant agrees to indemnify and hold harmless C Spire from and against any and all damages, costs, expenses (including reasonable attorneys' fees), losses, and claims of any kind or nature which are incurred by C Spire as a result of Entrant's breach. Entrant grants C Spire an everlasting, royalty-free, exclusive license to use, utilize, replicate, alter, adapt, modify, publish, broadcast, translate, produce derivative works from, distribute, present, play, sublicense and exercise all copyright and other intellectual property rights with respect to Entrant's Submissions on a worldwide basis and/or include the Submissions in other works in any media now known or later created forever. Entrant agrees and grants C Spire permission to make available and display/perform and otherwise the Submission in all media in perpetuity without compensation. Except where legally prohibited, submission of any entry into this Contest constitutes permission for C Spire to use Entrant's, Winner's and all persons appearing the Submission's name, photograph, likeness, voice, address (city and state) and testimonials, in printed, broadcast media or new media, in perpetuity, in any manner it deems appropriate in connection with promoting itself or this Contest, without further compensation in connection with this Contest or the Prizes awarded. Entrant and Winner agree that this license includes the right for C Spire to make any such content available to other third parties for their broadcast, publication, distribution or use. Being selected or featured Submission by C Spire on its website or social media properties does not guarantee selection as a winner. Entrant understands that C Spire may create content similar or identical to the Submission and that Entrant is not entitled to compensation by reason of C Spire's use of such similar or identical content.
6. INDEMNITY. Entrant agrees to indemnify and hold C Spire harmless from any third party claims arising from or related to that Entrant's participation in the Contest. By participating, Entrant agrees that C Spire's involvement in the development, production, implementation and distribution of this Contest and their respective parent companies, affiliates, subsidiaries, service providers, and agencies, and their directors, officers, agents, employees, attorneys, and any other person or entity associated with such entities and/or promotion shall not be liable for any and all claims, damages, losses or injuries, including any third party claims, arising from or relating to, in whole or in part, this Contest, including entry and participation in this Contest and acceptance, possession, use or misuse of the Prizes. Entrant agrees that in the event of any third party claims, damages, losses or injuries, arising from or relating to this Contest, Entrant will indemnify and hold C Spire harmless from any and all such claims, damages, costs, and expenses (including the attorneys' fees) related thereto. C Spire shall not be responsible for any technical malfunctions of the telephone network, computer online system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury.
7. LIMITATION OF LIABILITY AND DISPUTE RESOLUTION. C SPIRE SHALL HAVE NO LIABILITY OR OBLIGATION IN EITHER CONTRACT OR TORT, FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCURRED BY ENTRANT, SUCH AS, BUT NOT LIMITED TO, CLAIMS FOR DAMAGES FOR PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF ANTICIPATED PROFITS, LOST DATA OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ECONOMIC LOSSES OF ANY KIND, ARISING OUT OF THE DOWNLOAD, INSTALLATION AND/OR USE OF CSPIRE.COM, ITS SOCIAL MEDIA PROPERTIES (THE "SITES"), CONTENT ON THE SITES OR ACCESSIBLE THROUGH THE SITES, THE APPS, THE ACTS OR OMISSIONS OF ANY THIRD PARTY, OR FOR ANY CONTENT PROVIDED BY ANY THIRD PARTY, IRRESPECTIVE OF WHETHER C SPIRE HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER OR NOT CAUSED BY C SPIRE'S NEGLIGENCE, TO THE FULL EXTENT SAME MAY BE DISCLAIMED BY LAW. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY. C SPIRE MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE. ENTRANT AGREES THAT ANY CONTROVERSIES, CLAIMS OR DISPUTES ARISING BETWEEN ENTRANT AND C SPIRE, WHETHER IN TORT OR IN CONTRACT, INCLUDING BUT NOT LIMITED TO THOSE RELATED TO OR ARISING OUT OF THE CONTEST, THESE RULES AND REGULATIONS, OR SERVICES PROVIDED BY C SPIRE, INCLUDING ACCESS AND/OR USE OF THE SITES AND/OR ANY APP, WHETHER ARISING BEFORE OR AFTER THE CONTEST PERIOD, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY PRODUCT, SERVICE, ADVERTISING OR CONTEST PROVIDED BY C SPIRE, INCLUDING, BUT NOT LIMITED TO, ACCESS AND/OR USE OF THE SITES AND APPS. SUCH ARBITRATION SHALL BE BEFORE A PANEL CONSISTING OF THREE ARBITRATORS AT A LOCATION IN THE GREATER JACKSON, MISSISSIPPI METROPOLITAN AREA. SUCH ARBITRATION SHALL BE BINDING UPON BOTH YOU AND C SPIRE AND SHALL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER ITS RULES, INCLUDING THE SELECTION OF THE ARBITRATORS, WHICH SHALL BE ACCOMPLISHED IN ACCORDANCE WITH THE RULES OF THE AAA. THE AWARD RENDERED BY THE ARBITRATORS SHALL BE FINAL, AND JUDGMENT MAY BE ENTERED UPON IT IN ACCORDANCE WITH APPLICABLE LAW IN ANY COURT HAVING JURISDICTION THEREOF. THE PARTIES FURTHER AGREE THAT THE PREVAILING PARTY IN SUCH ARBITRATION SHALL BE ENTITLED TO RECOVER THE COSTS OF SUCH ARBITRATION FROM THE OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES. THIS AGREEMENT TO ARBITRATE SHALL BE SPECIFICALLY ENFORCEABLE UNDER APPLICABLE LAW IN ANY COURT HAVING JURISDICTION THEREOF. PROVIDED, HOWEVER, MATTERS OF $1,500 OR LESS IN ALLEGED VALUE (BEFORE COSTS, INTEREST AND ALLOWABLE ATTORNEYS' FEES, IF ANY) MAY BE FILED IN ANY COURT WITH JURISDICTION THEREOVER AND THERE TRIED BY ANY PARTY, UNLESS COUNTER-CLAIMS OR OTHER CLAIMS IN AN AMOUNT IN EXCESS OF $1,500 (SUBJECT TO THE SAME EXCLUSIONS) ARE ASSERTED BY ANY PARTY. IN THE LATTER CASE, THE ENTIRE MATTER AND ALL CLAIMS BEFORE THE COURT SHALL BECOME SUBJECT TO BINDING ARBITRATION HEREUNDER UPON WRITTEN REQUEST OF ANY PARTY FILED WITH THE COURT WITHIN THIRTY (30) CALENDAR DAYS OF ACTUAL NOTICE OF THE FILING OF SUCH COUNTER-CLAIMS OR OTHER CLAIMS. C SPIRE RESERVES THE RIGHT TO MODIFY THESE OFFICIAL RULES WITHOUT NOTICE AT ANY TIME IN ITS SOLE DISCRETION.
8. OFFICIAL WINNERS. For a copy of the Official Winners' announcement, available approximately December 30, 2017, mail a self-addressed stamped envelope to: The C Spire Customer Inspired Christmas Wish Announcement, 1018 Highland Colony Parkway, Suite 340, Ridgeland, MS 39157. This Contest is sponsored and organized by C Spire, 1018 Highland Colony Parkway, Suite 340, Ridgeland, MS 39157. The decision of C Spire management in their interpretation of these Official Rules is final. By participating in the Contest Entrant agrees to be bound by the decisions of C Spire's management, and these Official Rules. Entrant's participation in the Contest shall be deemed to be Entrant's complete acceptance of the terms and conditions set forth herein by C Spire. C Spire, its representatives, agencies and employees, are not responsible for any changes or difficulties in Prize delivery.
9. CHILDREN AND MINORS. Consistent with the Federal Children's Online Privacy Protection Act of 1998 (COPPA), C Spire will never knowingly request personally identifiable information from anyone under the age of 13 without requesting parental consent. Additional information can be found on the U.S. Federal Trade Commission web site.
10. MISCELLANEOUS. C Spire assumes no responsibility for lost or late entries or for incomplete computer transmissions or technical failures. Liability for any applicable taxes imposed by any government, if any, on any Prize won is the sole responsibility of the winner of such Prize. Offer void where prohibited by law. All federal, state and local laws and regulations apply. Difficulties with online access to enter the Contest or other technical failures are not the responsibility of C Spire. In the event there is a discrepancy or inconsistency in statements or other language in these Rules and Regulations or C Spire's Terms of Use or any other applicable agreement, the discrepancy will be resolved in C Spire's sole and absolute discretion. For purposes of these Official Rules all times are United States Central Time.
11. PRIVACY POLICY. Any personally identifiable information that is collected as a result of Entrant's participation in the Contest will be collected by C Spire and used by C Spire for purposes of the proper administration and fulfillment of the Contest as described in these Rules and Regulations and other applicable terms, conditions or agreements with C Spire, and for other purposes as you may specify on the entry form. However, such information will always be used in accordance with C Spire's current Privacy Policy found at www.cspire.com/privacypolicy.
C Spire® is trademarked and owned by Cellular South, Inc. Cellular South, Inc. and its affiliates provide products and services under the C Spire® brands. ©2017 C Spire. All rights reserved. Read Less
2. CREATIVE ASSIGNMENT AND HOW TO ENTER: The Contest is offered exclusively electronically on the Internet at cspire.com/wish. To create a Submission for the Contest, Entrants must visit cspire.com/wish. Entrants must visit cspire.com/wish, follow the instructions and submit a post regarding their Christmas Wish (a "Submission"). Submissions should contain a narrative concerning why Entrant or Entrant's Nominee is deserving of the wish and/or unique circumstances surrounding the wish. Submissions that may contain copyrighted material, in C Spire's sole discretion, may be removed and disqualified from entry. All eligible participants who meet the eligibility requirements of Paragraph 4 who make a Submission are entered into the Contest. Entrant understands and agrees that by entering in the contest, Entrant's Submissions may receive exposure on or in any and all earned and owned media, including C Spire's website and social media properties and print and electronic news media outlets. C Spire is not responsible in any manner for any critical or otherwise undesirable remarks posted by the public concerning Entrant or the Submission.
3. PRIZES AND SELECTION OF WINNER: The Winners are the Entrant(s) or Entrant's Nominee(s) whose entry submitted by Entrant receives the highest score by the judges. The Winners will be selected by December 8, 2017 and may be contacted to confirm availability of a Nominee to be surprised. A formal external announcement will be made by December 20, 2017. C Spire will grant up to four (4) Wishes (the "Prizes"), which may be discrepant in value and type, in C Spire's sole discretion. Winners are not entitled to exchange or transfer Prizes, or to obtain cash or other substitutes. C Spire may cancel the Contest for any reason without awarding any Prizes, in its sole discretion. Judging Criteria The Prizes will be awarded based on how the Submission aligns with the following Judging Criteria:
(1) Originality and Creativity- 30%
(2) Adherence to Creative Assignment-20%
(3) Compelling Nature of Submission- 50%
In the event of a tie, the Entrants whose entries have the highest score in the "Compelling Nature of the Submission" category will be declared the Winners. In the event that the Winner or Entrant who submitted the winning entry is found to be ineligible, fails to comply with Contest procedures, is not available to participate as specified, then runner-ups may be selected to participate, time permitting. By entering the Contest, Entrant and Winner agrees that the Submission complies with the requirements set forth in these Contest Rules, that C Spire has the right to utilize and publish the content of Entrant or Winner in any manner it wishes, and Entrant and Winner agree to execute a Publicity/Liability Release and such other documents and agreements as C Spire may request in order for C Spire to utilize Entrant or Winner's content, including, but not limited to background checks, or cooperation to procure Publicity Releases from Entrant, Winner or other individuals who may appear in the submission. Entrant and Winner agree and understand that Entrant and/or Winner may be surprised with the Prizes and such surprise may be filmed and used by C Spire in any manner. Failure of Entrant or Winner to cooperate in such manner will result in forfeiture of the prizes. C Spire reserves the right, in its sole discretion, to disqualify and randomly select an alternate Winner in the event that (a) there is an inconsistency with the information listed on the Entrant's entry or Submission; (b) the failure to provide C Spire with satisfactory proof of age, identity, and residency (c) the potential Winner declines acceptance of the Prize or declines to accept the Prize by failing to execute a Publicity/Liability Release; or (d) if in C Spire's determination, the potential Winner has not otherwise complied with these Official Rules. There will be no substitution for the Prizes. Prizes awarded are non-transferable. Failure to collect the Prizes constitutes forfeiture of the Prizes. If forfeited, the Prizes will remain the property of C Spire. Another winner may not be selected in C Spire's sole discretion. C Spire's decision shall be final in all matters pertaining to the Prizes.
4. ELIGIBILITY: The Promotion is open to any person who uses the Internet to electronically access cspire.com/wish, and who is 18 years of age or older at the time, and who is a legal resident of Alabama, Mississippi or Tennessee ("Entrants") and follows the instructions to enter a Contest Submission in Rule 2. Entrants are not required to be C Spire Customers to enter or win. No purchase is required to enter or win. All Entrants who reside in the State of Alabama must be 19 years of age or older at the time. Minors are ineligible to participate in the Contest in any manner. Employees, contingent staff persons, officers and directors, together with relatives (parents, grandparents, children, grandchildren, siblings and spouses of each) and/or those living in the same households, of C Spire and their respective parents, subsidiaries and affiliates are ineligible to participate in the Contest or win any contest Prizes. The term "immediate families" includes spouses, grandparents, parents, siblings and grandchildren. BY ENTERING THE CONTEST, ENTRANT WILL BE DEEMED TO HAVE READ, UNDERSTOOD AND AGREED TO THESE OFFICIAL RULES AND REGULATIONS AND YOU AGREE TO COMPLY WITH THE TERMS AND CONDITIONS OF THESE OFFICIAL RULES THROUGHOUT THE CONTEST PERIOD.
Creation Requirements
1. All Submissions must comply with the Creative Assignment requirements in Rule 2.
2. Acceptable sources for content include sources for which the content does not violate any trademarks or copyrights of any third party. This means do NOT use copyrighted photos, images or other content.
3. Content may not contain inappropriate language or content, including but not limited to: nudity, profanity, violence or defamatory content, nor may it violate C Spire's Terms of Use or Acceptable Use Policy found at http://www.cspire.com/legal/general_landing.jsp?id=LegalTermsOfUse#.
4. No minors may be shown in a Submission. By entering the Contest, Entrant represents no minors appear in the Submission.
5. The Submission must be authorized, which means Entrant has the legal right and all permissions and authorizations necessary to submit the Submission in the Contest from any and all persons appearing in the Submission.
6. C Spire reserves the right in its sole discretion to alter or modify Entrant's Submission without notification or consent from Entrant.
7. All statements and assertions of fact in the Submission are true and accurate.
8. The content uploaded by Entrant does not transmit or contain viruses or other computer programming content intended to damage, interfere with or otherwise detrimentally effect or compromise any system.
C Spire reserves the right in its sole discretion to disqualify and remove any Submission for violation of these Contest Rules and at any time for any reason or no reason.
5. PUBLICITY AND RIGHTS. By submitting an entry, Entrant agrees to and thereby does waive any and all property rights including, but not limited to, intellectual property rights or moral rights that exist in Entrant's Submission and any derivative works made there from. By entering a Submission, Entrant represents, warrants and undertakes that the Submission is (i) Entrant's original work and that Entrant has the sole right to submit it to the Contest; (ii) Submission does not violate in any way the rights of any third parties, including, but not limited to, copyright, trademark and other intellectual property rights, and (iii) does not violate any applicable laws. In the event that Entrant breaches any of Entrant's representations, warranties or undertakings contain in these Contest Rules, Entrant agrees to indemnify and hold harmless C Spire from and against any and all damages, costs, expenses (including reasonable attorneys' fees), losses, and claims of any kind or nature which are incurred by C Spire as a result of Entrant's breach. Entrant grants C Spire an everlasting, royalty-free, exclusive license to use, utilize, replicate, alter, adapt, modify, publish, broadcast, translate, produce derivative works from, distribute, present, play, sublicense and exercise all copyright and other intellectual property rights with respect to Entrant's Submissions on a worldwide basis and/or include the Submissions in other works in any media now known or later created forever. Entrant agrees and grants C Spire permission to make available and display/perform and otherwise the Submission in all media in perpetuity without compensation. Except where legally prohibited, submission of any entry into this Contest constitutes permission for C Spire to use Entrant's, Winner's and all persons appearing the Submission's name, photograph, likeness, voice, address (city and state) and testimonials, in printed, broadcast media or new media, in perpetuity, in any manner it deems appropriate in connection with promoting itself or this Contest, without further compensation in connection with this Contest or the Prizes awarded. Entrant and Winner agree that this license includes the right for C Spire to make any such content available to other third parties for their broadcast, publication, distribution or use. Being selected or featured Submission by C Spire on its website or social media properties does not guarantee selection as a winner. Entrant understands that C Spire may create content similar or identical to the Submission and that Entrant is not entitled to compensation by reason of C Spire's use of such similar or identical content.
6. INDEMNITY. Entrant agrees to indemnify and hold C Spire harmless from any third party claims arising from or related to that Entrant's participation in the Contest. By participating, Entrant agrees that C Spire's involvement in the development, production, implementation and distribution of this Contest and their respective parent companies, affiliates, subsidiaries, service providers, and agencies, and their directors, officers, agents, employees, attorneys, and any other person or entity associated with such entities and/or promotion shall not be liable for any and all claims, damages, losses or injuries, including any third party claims, arising from or relating to, in whole or in part, this Contest, including entry and participation in this Contest and acceptance, possession, use or misuse of the Prizes. Entrant agrees that in the event of any third party claims, damages, losses or injuries, arising from or relating to this Contest, Entrant will indemnify and hold C Spire harmless from any and all such claims, damages, costs, and expenses (including the attorneys' fees) related thereto. C Spire shall not be responsible for any technical malfunctions of the telephone network, computer online system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury.
7. LIMITATION OF LIABILITY AND DISPUTE RESOLUTION. C SPIRE SHALL HAVE NO LIABILITY OR OBLIGATION IN EITHER CONTRACT OR TORT, FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCURRED BY ENTRANT, SUCH AS, BUT NOT LIMITED TO, CLAIMS FOR DAMAGES FOR PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF ANTICIPATED PROFITS, LOST DATA OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ECONOMIC LOSSES OF ANY KIND, ARISING OUT OF THE DOWNLOAD, INSTALLATION AND/OR USE OF CSPIRE.COM, ITS SOCIAL MEDIA PROPERTIES (THE "SITES"), CONTENT ON THE SITES OR ACCESSIBLE THROUGH THE SITES, THE APPS, THE ACTS OR OMISSIONS OF ANY THIRD PARTY, OR FOR ANY CONTENT PROVIDED BY ANY THIRD PARTY, IRRESPECTIVE OF WHETHER C SPIRE HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER OR NOT CAUSED BY C SPIRE'S NEGLIGENCE, TO THE FULL EXTENT SAME MAY BE DISCLAIMED BY LAW. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY. C SPIRE MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE. ENTRANT AGREES THAT ANY CONTROVERSIES, CLAIMS OR DISPUTES ARISING BETWEEN ENTRANT AND C SPIRE, WHETHER IN TORT OR IN CONTRACT, INCLUDING BUT NOT LIMITED TO THOSE RELATED TO OR ARISING OUT OF THE CONTEST, THESE RULES AND REGULATIONS, OR SERVICES PROVIDED BY C SPIRE, INCLUDING ACCESS AND/OR USE OF THE SITES AND/OR ANY APP, WHETHER ARISING BEFORE OR AFTER THE CONTEST PERIOD, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY PRODUCT, SERVICE, ADVERTISING OR CONTEST PROVIDED BY C SPIRE, INCLUDING, BUT NOT LIMITED TO, ACCESS AND/OR USE OF THE SITES AND APPS. SUCH ARBITRATION SHALL BE BEFORE A PANEL CONSISTING OF THREE ARBITRATORS AT A LOCATION IN THE GREATER JACKSON, MISSISSIPPI METROPOLITAN AREA. SUCH ARBITRATION SHALL BE BINDING UPON BOTH YOU AND C SPIRE AND SHALL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER ITS RULES, INCLUDING THE SELECTION OF THE ARBITRATORS, WHICH SHALL BE ACCOMPLISHED IN ACCORDANCE WITH THE RULES OF THE AAA. THE AWARD RENDERED BY THE ARBITRATORS SHALL BE FINAL, AND JUDGMENT MAY BE ENTERED UPON IT IN ACCORDANCE WITH APPLICABLE LAW IN ANY COURT HAVING JURISDICTION THEREOF. THE PARTIES FURTHER AGREE THAT THE PREVAILING PARTY IN SUCH ARBITRATION SHALL BE ENTITLED TO RECOVER THE COSTS OF SUCH ARBITRATION FROM THE OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES. THIS AGREEMENT TO ARBITRATE SHALL BE SPECIFICALLY ENFORCEABLE UNDER APPLICABLE LAW IN ANY COURT HAVING JURISDICTION THEREOF. PROVIDED, HOWEVER, MATTERS OF $1,500 OR LESS IN ALLEGED VALUE (BEFORE COSTS, INTEREST AND ALLOWABLE ATTORNEYS' FEES, IF ANY) MAY BE FILED IN ANY COURT WITH JURISDICTION THEREOVER AND THERE TRIED BY ANY PARTY, UNLESS COUNTER-CLAIMS OR OTHER CLAIMS IN AN AMOUNT IN EXCESS OF $1,500 (SUBJECT TO THE SAME EXCLUSIONS) ARE ASSERTED BY ANY PARTY. IN THE LATTER CASE, THE ENTIRE MATTER AND ALL CLAIMS BEFORE THE COURT SHALL BECOME SUBJECT TO BINDING ARBITRATION HEREUNDER UPON WRITTEN REQUEST OF ANY PARTY FILED WITH THE COURT WITHIN THIRTY (30) CALENDAR DAYS OF ACTUAL NOTICE OF THE FILING OF SUCH COUNTER-CLAIMS OR OTHER CLAIMS. C SPIRE RESERVES THE RIGHT TO MODIFY THESE OFFICIAL RULES WITHOUT NOTICE AT ANY TIME IN ITS SOLE DISCRETION.
8. OFFICIAL WINNERS. For a copy of the Official Winners' announcement, available approximately December 30, 2017, mail a self-addressed stamped envelope to: The C Spire Customer Inspired Christmas Wish Announcement, 1018 Highland Colony Parkway, Suite 340, Ridgeland, MS 39157. This Contest is sponsored and organized by C Spire, 1018 Highland Colony Parkway, Suite 340, Ridgeland, MS 39157. The decision of C Spire management in their interpretation of these Official Rules is final. By participating in the Contest Entrant agrees to be bound by the decisions of C Spire's management, and these Official Rules. Entrant's participation in the Contest shall be deemed to be Entrant's complete acceptance of the terms and conditions set forth herein by C Spire. C Spire, its representatives, agencies and employees, are not responsible for any changes or difficulties in Prize delivery.
9. CHILDREN AND MINORS. Consistent with the Federal Children's Online Privacy Protection Act of 1998 (COPPA), C Spire will never knowingly request personally identifiable information from anyone under the age of 13 without requesting parental consent. Additional information can be found on the U.S. Federal Trade Commission web site.
10. MISCELLANEOUS. C Spire assumes no responsibility for lost or late entries or for incomplete computer transmissions or technical failures. Liability for any applicable taxes imposed by any government, if any, on any Prize won is the sole responsibility of the winner of such Prize. Offer void where prohibited by law. All federal, state and local laws and regulations apply. Difficulties with online access to enter the Contest or other technical failures are not the responsibility of C Spire. In the event there is a discrepancy or inconsistency in statements or other language in these Rules and Regulations or C Spire's Terms of Use or any other applicable agreement, the discrepancy will be resolved in C Spire's sole and absolute discretion. For purposes of these Official Rules all times are United States Central Time.
11. PRIVACY POLICY. Any personally identifiable information that is collected as a result of Entrant's participation in the Contest will be collected by C Spire and used by C Spire for purposes of the proper administration and fulfillment of the Contest as described in these Rules and Regulations and other applicable terms, conditions or agreements with C Spire, and for other purposes as you may specify on the entry form. However, such information will always be used in accordance with C Spire's current Privacy Policy found at www.cspire.com/privacypolicy.
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