Official Rules
THE MORGAN & MORGAN UFC FIGHT SONG CONTEST
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
MESSAGE AND DATA RATES MAY APPLY TO USE OF MOBILE PHONE/DEVICE IN CONJUNCTION WITH PARTICIPATION IN CONTEST (AS APPLICABLE).
By participating in The Morgan & Morgan UFC Fight Song Contest (the “Contest”), each participant (“Entrant”) unconditionally accepts and agrees to comply with and abide by these Official Rules (“Official Rules”) and the decisions of Morgan & Morgan, P.A. (the “Sponsor”) and US Sweepstakes & Fulfillment Co. (the “Administrator”), which shall be final and binding in all respects. This Contest is in no way sponsored, endorsed or administered by, or associated with, Meta Platforms Inc., Instagram, ByteDance or TikTok.
ELIGIBILITY: The Contest is open to legal residents of the 48 contiguous United States, including the District of Columbia, who are age 18 or older and the age of majority in their state of residence (19 or older in Alabama and Nebraska; 21 or older in Mississippi) at the time of entry. Void in Alaska, Hawaii, Puerto Rico, Guam, the U.S. Virgin Islands, outside the U.S., and wherever else prohibited by law. Employees of Sponsor, Administrator and their respective subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members (spouses, parents, children, and siblings and their spouses) of, and/or those living in the same household of each, are not eligible to enter. Contest is subject to all applicable federal, state and local laws and regulations.
CONTEST ENTRY PERIOD: The Contest Entry Period begins at 12:00:01 AM Eastern Time (“ET”) on Monday, February 6, 2023 and ends at 11:59:59 PM ET on Tuesday, February 21, 2023 (the “Contest Entry Period”). The computer clock of Sponsor is the official time-keeping device for the Contest.
HOW TO ENTER: There is one (1) method of entry. During the Contest Entry Period, @forthepeople will post on Instagram and TikTok inviting participants to enter the contest (the “Sponsor Post”). The Sponsor Post will include an audio file of the contest walkout song (the “Contest Walkout Song”). To enter the Contest:
- Step One: Locate the Sponsor Post on Instagram or TikTok, navigate to the “Use audio” button on Instagram or the “Use this sound” button on TikTok to use the Contest Walkout Song audio. Then, record an original video, 15 to 60 seconds in length, showcasing an internal fight you are experiencing and yourself getting ready to deal with your fight using the Contest Walkout Song (the “Video”). Video must be Entrant’s own, original creationand must use the Contest Walkout Song.
- Step Two: After recording your Video, post your Video to your public Instagram or public TikTok account, including the hashtag #morganUFCcontest and @forthepeople in the caption.
- Step Three: Visit www.morganufc.com and follow the instructions to complete the entry form, upload your Video from Instagram or provide a URL to your Video from TikTok, and submit to receive one (1) Contest Entry (the “Entry”). By using the hashtag, Entrant indicates Entrant’s agreement to these Official Rules. Entrant’s Instagram or TikTok settings must be public. By using Instagram or TikTok to enter the Contest, Entrant agrees to Instagram’s and TikTok’s terms of use, which can be found at https://help.instagram.com/581066165581870 and https://www.tiktok.com/legal/page/us/terms-of-service/en.
Entries must be received between Monday, February 6, 2023 at 12:00:01 AM ET and Tuesday, February 21, 2023 at 11:59:59 PM ET. There is a limit of five (5) Entries per person. Entries submitted with a Video that has already been submitted or that is substantially the same as a previously submitted video, as determined by the Sponsor in its sole discretion, will be disqualified. Although subsequent attempts to enter may be received, only the first five (5) complete Entries received from a particular Entrant will be eligible; subsequent attempts by the same person to enter, including entries submitted with an alternate email address, social media account or identity, will be disqualified. In the event of a dispute over the identity of an Entrant, Entry will be deemed submitted by the Authorized Account Holder of the email address submitted at time of entry. Authorized Account Holder means the natural person to whom the email address is registered. Sponsor may ask any Entrant or potential winner to provide Sponsor with proof, to Sponsor’s satisfaction, that such party is the authorized account holder of the email address and/or Instagram or TikTok account associated with the Entry. Sponsor is not responsible for lost, late, incomplete, illegible, garbled, inaccurate, invalid, misdirected, undelivered, or delayed Entries. No altered or incomplete submissions will be accepted. Entrants are subject to all notices posted online, including but not limited to the Sponsor’s Privacy Policy, which can be found at https://www.forthepeople.com/privacy-policy/.
All Entries must comply with the following minimum guidelines to be eligible:
- Video/Entry must include the Contest Walkout Song. Any other audio included in the Video will result in disqualification.
- The Entrant should be the primary subject of the Video. No other individuals may appear in the Video without express written permission. If Video features a minor under the age of majority in his/her/their state of residence, you must obtain written permission from the minor’s legal guardian.
- Entry and Video must conform to the format, length and size requirements and limitations of Instagram or TikTok.
- Entry and Video cannot contain content that is irrelevant to the purpose of the Contest.
- Once an Entry has been submitted, it cannot be modified or deleted by Entrant.
- By submitting a Video taken by a third party, Entrant warrants and represents that he/she has secured all rights and clearances to the Video from the videographer.
- Entry and Video cannot be profane, pornographic, sexually explicit or suggestive or contain nudity.
- Entry and Video cannot promote violence, such as punching, kicking, exposed blood, or promote firearms/weapons.
- Entry and Video cannot promote alcohol, illegal drugs or tobacco.
- Entry and Video cannot defame, misrepresent or contain disparaging remarks about people, brands, products or companies.
- Entry and Video cannot contain content that defaces or depicts any person, brand, product or company in a negative or inappropriate manner.
- Entry and Video cannot be obscene or offensive, endorse any form of hate or hate group or be derogatory to any ethnic, racial, gender, religious, professional or age group.
- Entry and Video cannot reference or contain materials embodying copyrighted images, names, likenesses or other indicia (including, but not limited to, trademarks) identifying any brand, products, company or person, living or dead, without permission.
- Entry and Video cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor, UFC, Instagram and TikTok wish to associate.
- Entry and Video cannot depict illegal activity and cannot itself be in violation of any law.
- Entry and Video cannot in any way reference persons or organizations without written permission from any person or organization whose name or likeness is used.
- Entry and Video may not include images of a known celebrity, famous or well-known person or any image which violates the right of privacy or publicity of any person.
- Video cannot have been submitted previously in a promotion of any kind or won any previous awards.
Please note: Sponsor will determine, in its sole discretion whether an Entry violates the above conditions.
By submitting an Entry, the Entrant understands and grants to the Sponsor and Zuffa, LLC (“Event Sponsor”) an irrevocable, perpetual, non-exclusive worldwide license to use his/her Entry, Video, name, hometown and likeness on the Sponsor’s various websites and social media sites and in advertising and/or promotional activities worldwide without compensation, permission or notification. Sponsor and Event Sponsor have the right in their sole and absolute discretion to alter, change or modify any Entry, which includes the Video.
By submitting an Entry, Entrant warrants and represents that: (a) Entry does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other legal or moral rights of any person or entity; (b) Entrant owns all rights to the Entry and Video, including without limitation, copyrights, and has received prior written permission from a third party if the Video was recorded by someone other than the Entrant him/herself; and (c) Entrant will indemnify and hold harmless the Sponsor, Administrator, Event Sponsor and related entities, agents and assigns from any claims and damages (including reasonable attorneys' fees) arising from or relating to the breach or alleged breach of your representations and warranties herein, the Entry, or Entrant’s conduct in creating the Entry, the acceptance or use of any prize or otherwise in connection with this Contest.
ENTRIES ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR OR EVENT SPONSOR IN ANY MANNER.
PRIZE/APPROXIMATE RETAIL VALUE (“ARV”): There is one (1) Grand Prize available to be won. One (1) Grand Prize winner will receive a trip package for two (2) people to attend UFC 285 in Las Vegas, Nevada. Grand Prize trip package will include:
- Round-trip, coach-class air-transportation for Grand Prize winner and one (1) guest (the “Guest”) to Las Vegas, Nevada from a major airport within the 48 contiguous United States nearest the winner’s residence as determined by the Sponsor in its sole discretion;
- Two (2) nights hotel accommodations at a hotel of Sponsor’s choice; and
- Two (2) tickets to UFC 285 at T-Mobile Arena in Paradise Nevada on March 4, 2023.
The ARV of Grand Prize is $2,634. The ARV may vary based upon dates of travel and point of departure. The difference between the ARV and actual value of the Grand Prize will not be awarded.
Prize is not redeemable for cash, assignable, transferable and may not be substituted except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize of equal or greater value at its discretion. Any other incidental expenses on prize not specified herein are the winner’s sole responsibility. Prize may be substituted by the Sponsor (in the sole and absolute discretion of Sponsor) for other prizes selected solely by Sponsor of equivalent Approximate Retail Value. Prizes that include travel to and attendance at a UFC event may be altered to reflect changes in the venue location and date for such UFC event.
Grand Prize Winner and Guest must agree to abide by all air carrier, hotel, venue, transportation, and any other prize-related activity rules and regulations in effect, which may include providing proof that Grand Prize winner and Guest have been fully vaccinated against COVID-19. Failure to do so may result in forfeiture of prize and no other substitution or compensation will be provided in lieu thereof. All travel related expenses, including but not limited to, ground transportation, taxes, gratuities, incidentals, upgrades, insurance, service charges, airport surcharges, departure taxes, hotel, resort or property fees, luggage fees, food & beverage and personal expenses are the sole responsibility of Grand Prize winner and/or Guest. Any person that participates in the trip that is not deemed a Guest must pay his/her own expenses. Grand Prize winner and Guest must travel on same itinerary. Grand Prize winner and Guest must have valid photo ID and any other required documentation prior to departure. Grand Prize must be used on dates specified or prize will be forfeited. Dates are subject to change. Travel is subject to availability. Travel arrangements must be made through an agent of the Sponsor and on an airline carrier of Sponsor’s choice, if applicable. Sponsor will, in its sole discretion, determine which airport is closest to the Grand Prize winner’s home. In the event the Grand Prize winner’s residence is close enough to Las Vegas, Nevada such that air transportation is deemed by Sponsor in its sole discretion to be unnecessary, the Grand Prize will not include air transportation from such Grand Prize winner’s residence and no other substitution or compensation will be provided in lieu thereof. The Grand Prize winner and Guest are responsible for obtaining any travel insurance (and all other forms of insurance) that they may wish to obtain (at their own expense) and hereby acknowledge that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Photo identification and credit card or cash deposit may be required at any time for incidental charges (e.g., room service, use of telephone/IT services, laundry and all other optional extra services not provided in the Grand Prize). If Grand Prize winner elects to travel or partake in the Grand Prize with no Guest, no additional compensation will be awarded. All hotel reservations are based on availability. Accommodations are subject to availability at time of reservation. Blackout dates, advance booking requirements and travel restrictions may apply. Availability is subject to factors such as weather, seasonality and space availability. Reservations are subject to availability. If weather or other incident or conditions beyond the control of the Sponsor affects the ability for Grand Prize winner and Guest to redeem any portion of prize during the scheduled date and time, then the Sponsor shall have no further obligation to the Grand Prize winner or Guest other than to supply the remaining elements of the prize package minus the unused portion of prize. Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations. Sponsor is not liable for expenses incurred as a consequence of flight cancellation/delay. No refund or compensation will be made in the event of the cancellation or delay of any transportation or other prize element except at the sole and absolute discretion of Sponsor. Travel is subject to the terms and conditions set forth in these Official Rules and those set forth by airline carrier as detailed in the passenger ticket contract. The passenger contracts in use by the airline or other transportation companies shall constitute the sole contracts with respect to the Grand Prize winner’s and Guest’s transportation and such contracts shall be solely between the Grand Prize winner and Guest and such transportation companies. Trip components issued in connection with the Grand Prize may not be eligible for frequent flyer miles, other rewards programs or upgrades. If for any reason whatsoever, Grand Prize winner and/or Guest are unable to travel after all travel arrangements have been made and paid, the Sponsor shall have no further obligation to the Grand Prize winner. Grand Prize winner and Guest are responsible for obtaining the proper travel documentation (e.g., valid photo ID and/or passport) prior to travel. Guest must be legal U.S. resident, 18 years or older, unless Guest is a child of the Grand Prize winner. Guest must complete and return a Travel Companion Liability & Publicity Release prior to travel as noted below. If Guest is deemed a minor in his or her state of primary residence, Grand Prize winner must be Guest’s parent or legal guardian and must execute the Travel Companion Liability Release on the minor’s behalf, as applicable.
In the event the Grand Prize winner and/or Guest engages in behavior that, as determined by the Sponsor in its sole discretion, is obnoxious or threatening, illegal, that is intended to annoy, abuse, threaten or harass any other person, or that in any way disparages or adversely affects the reputation, image, and/or customer goodwill of Sponsor or any of Sponsor’s services, products, trademarks, service marks, or logos, Sponsor reserves the right to terminate the trip early, in whole or in part, and send the Grand Prize winner and/or Guest home with no further obligation or compensation whatsoever to Grand Prize winner and/or Guest. In the event the Grand Prize winner and/or Guest engages in behavior during travel that (as determined by Sponsor in its sole discretion) is illegal, tortious, or subjects winner and/or Guest to arrest or detention, Sponsor shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by Grand Prize winner and/or Guest as a result of such conduct.
NEITHER SPONSOR NOR EVENT SPONSOR SHALL HAVE LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY TRAVEL RELATED TO THE GRAND PRIZE OR ANY OTHER ASPECT OF GRAND PRIZE WINNER’S ACCEPTANCE OR USE OF THE PRIZE.
Sponsor is not the provider of UFC 285 (“Event”), which is managed or controlled by Event Sponsor, and Sponsor has no power to manage or control the operations of Event Sponsor or any third-party provider. Sponsor and Event Sponsor make no guarantees or warranties about Event Ticket(s) or the Event itself. The Event Sponsor and its agents or representatives shall not be treated as Sponsor’s agents for any purpose, and Sponsor is not responsible for the action or inaction of Event Sponsor, nor is Sponsor liable for any loss or penalties incurred if Event Sponsor is sold, ceases to exist, becomes inoperative, if an Event is delayed, postponed, cancelled or changed for any reason; for acts of nature, acts of God; or for amenities, services and/or facilities not being available due to renovations, strikes, bankruptcy, acts of nature and/or acts of God. All Event Prizes and Event Tickets are issued subject to terms and conditions of Event Sponsor and terms and conditions of the Event Ticket and it’s issuing company. Event Tickets will not be replaced if lost or stolen. In the case of mechanical difficulties, acts of God, equipment unavailability, celebrity or athlete illness or the like, Sponsor reserves the right to work with the Event Sponsor to make a reasonable substitution. If substitution is not possible, Sponsor and/or the Event Sponsor reserve the right to cancel on short notice. If an Event is delayed, postponed, cancelled or changed by Sponsor, the Event Sponsor, a third party, or for any reason, Grand Prize Winner will be notified as soon as possible. If it is not possible to substitute with an alternative date, Sponsor and/or the Event Sponsor may cancel or provide a reasonable substitute of equivalent or greater value. Notwithstanding anything to the contrary in these Official Rules or otherwise, Sponsor will not offer cash substitution or refunds or be liable in any way for expenses that Grand Prize winner incurs related to an Event Ticket or prize that has been cancelled by the Event Sponsor, except in its sole and absolute discretion.
Grand Prize winner is responsible for all federal, state, local and income taxes associated with winning prize. Grand Prize winner will be required to furnish his/her Social Security Number for the sole purpose of preparation of tax forms as required by law.
CONTEST JUDGING & WINNER DETERMINATION: All eligible Entries received during the Contest Entry Period will be judged by a panel appointed by the Sponsor, who shall use the criteria set forth below:
- Criterion A: Use of Humor in the Video (40%)
- Criterion B: Creativity of the Video (30%)
- Criterion C: Originality of the Video (30%)
The Entrant that submitted the Entry that receives the highest total score based on the judging criteria will be deemed the potential Grand Prize winner. In the event of a tie, the tied Contest Entry with the highest score in Criterion A, Use of Humor in the Video, will be deemed the potential winner. If additional tie breakers are needed, the tie-breaking mechanism above will be used; however, instead of the highest score in Criterion A determining the potential Grand Prize winner from among the tied entries, the highest scores in each of Criteria B through C, in sequence (to the extent needed) will determine the potential Grand Prize winner. In the event additional tiebreakers are needed, all tied Entries will be judged by a separate panel of judges using the judging criteria above.
WINNER NOTIFICATION & VERIFICATION: On or about Thursday, February 23, 2023, the potential Grand Prize winner will be notified by the Administrator via email and/or phone, and will be required to sign and return, within 48 hours of notification, an Affidavit of Eligibility, a Liability Waiver, an IRS W-9 Form and where allowable, a Publicity Release (collectively, "the Releases"). These Releases will require the Grand Prize winner to furnish his/her Social Security Number for the sole purpose of tax reporting, as required by law. Guest of winner will also be required to sign a Travel Companion Liability & Publicity Release. Noncompliance will result in disqualification and an alternate winner may be selected. If a prize notification or prize is returned as undeliverable, or if a winner is found to be ineligible or not in compliance with these Official Rules that winner will be disqualified, and the prize may be awarded to the Entrant with the next highest judging score. If Sponsor is unable to determine and verify a potential winner, Sponsor reserves the right to not award such prize(s).
PUBLICITY RELEASE AND INTELLECTUAL PROPERTY RELEASE: Except where prohibited by law, entry into the Contest, constitutes permission to use Entrant’s name, Entry, Video, prize won (if any), hometown, likeness, video tape, audio recordings, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission. BY SUBMITTING AN ENTRY, ENTRANT AGREES THAT SUCH CONTEST ENTRY, COMMUNICATIONS OR SUBMISSIONS, CREATIVE SUGGESTIONS, IDEAS, NOTES, CONCEPTS OR OTHER MATERIALS (“SUBMISSIONS”) THAT ENTRANT MAY SUBMIT TO SPONSOR OR POST TO INSTAGRAM OR TIKTOK IN CONNECTION WITH THIS CONTEST, INCLUDING ALL RIGHTS EMBODIED THEREIN, WHETHER SENT VIA THE WEBSITE OR ELECTRONIC MAIL OR SOME OTHER MEANS, WITH THE EXCEPTION OF PERSONALLY IDENTIFIABLE INFORMATION AS IDENTIFIED IN SPONSOR’S PRIVACY POLICY (AVAILABLE AT https://www.forthepeople.com/privacy-policy/) ARE DEEMED TO BE NON-CONFIDENTIAL AND NON-PROPRIETARY AND SPONSOR AND EVENT SPONSOR SHALL HAVE NO OBLIGATION OF ANY KIND WITH RESPECT TO SUCH SUBMISSIONS. SPONSOR AND EVENT SPONSOR SHALL BE FREE TO EDIT, EXPLOIT, MODIFY, PUBLISH, REPRODUCE, USE, DISCLOSE, DISSEMINATE AND DISTRIBUTE THE SUBMISSIONS TO OTHERS WITHOUT LIMITATION IN ANY AND ALL MEDIA NOW KNOWN OR NOT CURRENTLY KNOWN, THROUGHOUT THE WORLD IN PERPETUITY FOR ANY PURPOSE WITHOUT COMPENSATION, PERMISSION OR NOTIFICATION TO ENTRANT OR ANY THIRD PARTY. ENTRANT HEREBY GRANTS TO THE SPONSOR, EVENT SPONSOR AND ITS LEGAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS, ALL RIGHTS IN PERPETUITY THE SUBMISSIONS IN ANY FORM OR FORMAT AND TO MODIFY THE SAME, AND ACKNOWLEDGES AND AGREES THAT IF SPONSOR DOES USE THE SUBMISSIONS ENTRANT SHALL NOT BE ENTITLED TO ANY CREDIT, CONSIDERATION, NOTICE OR PAYMENTS OF ANY KIND, EXECEPT AS EXPRESSLY PROVIDED HEREIN. ENTRANT WAIVES ANY MORAL RIGHTS HE OR SHE MAY HAVE TO THE SUBMISSIONS AND AGREES THAT IF SPONSOR AND EVENT SPONSOR ELECTS TO USE SUBMISSIONS FOR ANY PURPOSE, ALL RIGHTS UNDER COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS THAT MAY RESULT FROM THAT RELATING TO ENTRANT’S SUBMISSIONS OR FROM USE OF THE SAME BY SPONSOR AND EVENT SPONSOR SHALL BE THE SOLE PROPERTY OF SPONSOR AND EVENT SPONSOR. ENTRANT FURTHER AGREES THAT IF SPONSOR AND EVENT SPONSOR ELECTS TO USE ENTRANT’S SUBMISSIONS, ENTRANT WILL EXECUTE ANY DOCUMENTS REQUESTED BY SPONSOR AND EVENT SPONSOR.
GENERAL CONDITIONS: Participating Entrants agree to these Official Rules and the decisions of the Sponsor and the Administrator, and release the Sponsor, the Administrator, Meta Platforms Inc., ByteDance, TikTok, Zuffa, LLC and their affiliated companies, and all other businesses involved in this Contest, as well as the employees, officers, directors, equity holders and agents of each (the “Released Parties”), from all claims and liability relating to their participation in the Contest, and the acceptance and use/misuse of the prize offered. Participating Entrants assume all liability for and Released Parties shall be held harmless against any liability for any injury, losses or damages of any kind to persons, including personal injury or death, or injury to property caused or claimed to be caused in whole or in part, directly or indirectly, by participation in this Contest, acceptance, possession, or use/misuse of the prizes, or any claims based on publicity rights, defamation or invasion of privacy, or merchandise delivery. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the prizes.
Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Released Parties are not responsible for: (i) lost, late, misdirected, damaged or illegible entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant's or any other person's computer related to or resulting from participating in the Contest. By participating in the Contest, Entrant (i) agrees to be bound by these Official Rules, including all eligibility requirements, and (ii) agrees to be bound by the decisions of Sponsor and the Administrator, which are final and binding in all matters relating to the Contest. Failure to comply with these Official Rules may result in disqualification from the Contest. Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor. If, for any reason, the Contest, or any part of it, cannot be run as planned, Sponsor may disqualify any suspect entries or individuals from the Contest and any promotion it sponsors and (a) suspend the Contest (or any part of it) and modify the Contest to address the impairment, then resume the Contest in a manner that best conforms to the spirit of these Official Rules; and/or (b) award the prizes from among the eligible, non-suspect entries received up to the time of the impairment.
THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THIS CONTEST, OR ANY PART OF IT, CANNOT BE ADMINISTERED OR CONDUCTED OR ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS RESULTING OR ARISING FROM ACTS OF GOD, WAR, OR TERRORISM, CIVIL UNREST, STRIKES, SUPPLY SHORTAGES, NATURAL DISASTERS, WEATHER, EPIDEMICS, COMPLIANCE WITH ANY LAW OR ORDER OF A GOVERNMENTAL AUTHORITY, OR ANY OTHER SIMILAR ACT, EVENT, OR OCCURRENCE BEYOND THE REASONABLE CONTROL OF THE SPONSOR. BY PARTICIPATING IN THIS CONTEST, PARTICIPANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE, AS APPLICABLE. FURTHER, SPONSOR SHALL NOT BE RESPONSIBLE FOR ANY CANCELLATIONS, DELAYS, DIVERSIONS, CHANGES IN SERVICE OR ACCOMMODATIONS OR SUBSTITUTIONS, OR FOR ANY ACTS OR OMISSIONS BY ANY THIRD PARTIES BEYOND ITS REASONABLE CONTROL, INCLUDING AIR CARRIER(S) AND OTHER TRANSPORTATION COMPANIES; LODGING, RESTAURANT OR OTHER HOSPITALITY PROVIDERS; ENTERTAINMENT PROVIDERS, VENUES OR ARTISTS; OR OTHER THIRD PARTY PROVIDERS SUPPLYING ANY SERVICES OR COMPONENTS OF THE PRIZE(S) TO WINNERS AND/OR THEIR GUESTS, OR FOR ANY RESULTING INJURIES, INCLUDING MONEY DAMAGES, COSTS AND EXPENSES, PROPERTY DAMAGES, PERSONAL INJURIES OR DEATH RESULTING THEREFROM.
Legal Warning: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE CONTEST, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
GOVERNING LAW AND LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants, Sponsor or the Released Parties in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of Florida, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
DISPUTES: The parties hereto each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in Orange County, Florida and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Contest shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Orange County, Florida. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Orange County, Florida. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
PRIVACY: As a condition of entering the Contest, each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties, including Administrator, for the purpose of administering this Contest and to comply with applicable laws, regulations and rules, including, without limitation, the storing of your personal information for purposes of complying with state record retention requirements. Any information entrant provides to Sponsor may be used to communicate with entrant in relation to this Contest or on a Contest winner’s list. Personal information collected from entrants are subject to the Sponsor’s Privacy Policy, which can be found at https://www.forthepeople.com/privacy-policy/.
OFFICIAL RULES REQUEST: To request a copy of the Official Rules, send a self-addressed, stamped envelope by February 23, 2023, to:
The Morgan & Morgan UFC Fight Song Contest Official Rules Request
PO Box 654, Social Circle, GA 30025-0654.
WINNER CONFIRMATION REQUEST: For a written confirmation of the winner (available after February 23, 2023) send a stamped, self-addressed envelope (no later than March 23, 2023) to:
The Morgan & Morgan UFC Fight Song Contest Winner Confirmation Request
PO Box 654, Social Circle, GA 30025-0654.
SPONSOR: Morgan & Morgan, P.A., 20 North Orange Avenue, Suite 1600, Orlando, FL 32801.
ADMINISTRATOR: US Sweepstakes & Fulfillment Company, 625 Panorama Trail, Suite 2100, Rochester, NY 14625. 1-800-620-6044
All trademarks used herein are the property of their respective owners in the United States and abroad. All rights reserved.