HYLAND'S SHARE YOUR SWING CONTEST
To enter Hyland’s Share your Swing Contest
Simply post a one minute or less video of your swing with #HylandContest on Instagram, Twitter, Facebook or YouTube.
You could win:
- Swing analysis from Team Schauffele
- Callaway driver
- Adidas hat signed by Xander Schauffele
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Void where prohibited by law and outside the United States. Subject to all federal, state and local laws, regulations, and ordinances. Contest begins on June 8, 2021 at 12:00 a.m. Eastern Time (“ET”) and ends on June 20, 2021 at 11:59 p.m. ET (the “Contest Period”). Sponsor’s computer is the official time keeping device for this Contest. THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK, INC., INSTAGRAM, INC., YOUTUBE, INC. OR TWITTER, INC.
1. Eligibility: The Hyland Share Your Swing Contest (the “Contest”) is open to legal US. residents currently residing in the 50 United States including the District of Columbia who are eighteen (18) years of age (nineteen (19) years of age in Alabama and Nebraska; twenty-one (21) years of age in Mississippi) or older as of the date of entry. Employees, officers, and directors of Hyland Software, Inc. (“Sponsor”) or any of its parents, affiliates, subsidiaries, representatives, consultants, resellers, distributors, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, website providers, web masters (collectively, the “Contest Entities”), and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to enter or win. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein. All entrants must have access to the Internet prior to the start of the Contest. Sponsor reserves the right to verify the eligibility of winners.
BY ENTERING THE CONTEST OR BY ACCEPTING A PRIZE, YOU WARRANT AND REPRESENT THAT YOUR ACTIONS DO NOT VIOLATE YOUR EMPLOYER’S POLICIES AND PROCEDURES, NOR THE LAWS, REGULATIONS, CONVENTIONS, OR RULES THAT APPLY TO YOU. If you are participating in violation of your employer's policies, or the applicable laws, regulations, conventions, or rules, that apply to you, you may be disqualified from entering the Contest or receiving a prize.
2. Sponsor: Hyland Software, Inc., 28500 Clemens Road, Westlake, OH 44145.
3. How to Enter: There are four (4) ways to enter the Contest. Limit one (1) entry per person, regardless of which method of entry you use. Each method of entry will require you to post a video (less than one (1) minute) of yourself showing your golf swing (your “Contest Video”).
a. Facebook Entry: During the Contest Period, visit https://www.facebook.com or the Facebook App, log into your Facebook account, and: (a) navigate to Sponsor’s Facebook page (https://www.facebook.com/HylandSoftware); and (b) comment on the Contest Post by uploading your Contest Video. You must be a member of Facebook and your account must be set to the “public” setting in order to participate; joining Facebook is free. Upon uploading your Contest Video in the comments, you automatically will be entered with one (1) entry into the Contest.
b. Instagram Entry: During the Contest Period, visit https://www.instagram.com or the Instagram App, log into your Instagram account, and: (a) post your Contest Video to your personal Instagram account; and (b) in the post’s caption, include the hashtag #HylandContest. You must be a member of Instagram and your account must be set to the “public” setting in order to participate; joining Instagram is free. Upon uploading your Contest Video to your personal Instagram account and including #HylandContest in the caption, you automatically will be entered with one (1) entry into the Contest.
c. Twitter Entry: During the Contest Period, visit https://www.twitter.com or the Twitter App, log into your Twitter account, and: (a) post your Contest Video to your personal Twitter account; and (b) include the hashtag #HylandContest. You must be a member of Twitter and your account must be set to the “public” setting in order to participate; joining Twitter is free. Upon uploading your Contest Video to your personal Twitter account and including #HylandContest in the caption, you automatically will be entered with one (1) entry into the Contest.
d. YouTube Entry: During the Contest Period, visit https://www.youtube.com or the YouTube App, log into your YouTube account, and: (a) upload your Contest Video to your personal YouTube channel; and (b) in the video description, include #HylandContest before a viewer has to click to “see more.” You must be a member of YouTube and your account must be set to the “public” setting in order to participate; joining YouTube is free. If you use this method of entry, your Contest Video must comply with the YouTube Community Guidelines (https://www.youtube.com/howyoutubeworks/policies/community-guidelines/); please review them carefully. Upon uploading your Contest Video to your personal YouTube channel, and including #HylandContest in the video description, you automatically will be entered with one (1) entry into the Contest.
Please note: By entering in this Contest, you signify and agree that your entry and any other materials submitted in connection with this Contest may be posted on Sponsor’s website and/or other social media sites or applications associated with the Contest in a manner that is consistent with these Official Rules. Upon submission of entry in this Contest, you agree that Sponsor may contact you via social media, including by sending you a direct message, tagging you, posting to your social media page or naming you on Sponsor’s social media page. Limit one (1) entry per person, regardless of which method of entry you use. You must provide all required information to be eligible to enter and win. All potential winners are subject to verification before any prize will be awarded.
Sponsor and Sponsor’s agents, affiliates, subsidiaries, representatives or service providers may use entrants’ personal information submitted with entry for purposes of prize fulfillment. Sponsor will not sell personal information submitted with entry to outside solicitors.
By participating in this Contest, entrant acknowledges and agrees that he or she will clearly and conspicuously disclose that he or she is participating in this Contest in the entry and any online social sharing interaction that references the Contest or that is used to obtain entries in connection with this Contest. At a minimum, the hashtag #HylandContest must be included in all social media communications sent pursuant to the Contest. Sponsor reserves the right in its sole discretion to disqualify any entrant who does not adequately disclose his or her participation in this Contest while engaging in any online social sharing interaction during the Contest Period.
Contest Video Guidelines: Contest Videos must be less than one (1) minute long and must be in good enough quality such that Xander and Stefan Schauffele can adequately assess your golf swing. Contest Videos may not contain, depict or show any content that: (i) is sexually explicit or suggestive, offensive, lewd, profane, obscene, or contains nudity or racist innuendo; (ii) promotes any activities that may appear unsafe or dangerous, or any political agenda or message; (iii) defames, misrepresents or contains disparaging remarks about Sponsor or other companies; (iv) contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) or copyrighted materials (including photographs, sculptures, paintings, and other works of art or images published via websites, television, movies or other media) owned by others, without permission; (v) contains any personal identification, such as license plate numbers, last names (first names are permitted), e-mail addresses or street addresses for any person other than entrant, or otherwise infringes on the privacy of any person other than an entrant; (vi) communicates messages or images inconsistent with the positive image and good will of Sponsor’s brand; and/or (vii) violates any law. Any Contest Videos that contain, depict or show such content; that exceed any required file size or length limits imposed by the Contest Entities or any third party social media site; and/or that violate these Contest Video requirements and/or the terms of these Official Rules will be disqualified. The Contest Entities reserve the right in their sole and unfettered discretion to disqualify any Contest Video that they believe is inappropriate or not suitable for publication, that does not comply with these Official Rules, or that is not consistent with the spirit or theme of the Contest.
If the Contest Video contains an identifiable person other than the entrant who submitted the Contest Video, by submitting the Contest Video, the entrant represents and warrants that he/she has obtained the consent of such person to the use of the Contest Video as outlined herein and such person may be required to provide written consent to the Contest Entities’ use of the Contest Video.
Entries that do not include any required hashtag will not be eligible and will be disqualified. Bulk, automated and/or third party entries are prohibited and will be disqualified. Multiple participants are not permitted to share the same social media or email account. Any attempt by any participant to obtain more than the stated number of entries by using multiple and/or different identities, forms, registrations, email addresses, logins, or any other methods will void that participant’s entries, and that participant may be disqualified at Sponsor’s discretion. In the event of a dispute as to any entry, the authorized account holder of the email address associated with the pertinent social media account will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder to the Sponsor or forfeit the prize. Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Contest at Sponsor’s sole and absolute discretion. All potential winners are subject to verification before any prize will be awarded. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply.
4. Selection of winners: There will be one (1) grand prize winner and nine (9) runners up for this Contest. On or about June 25, 2021, Sponsor will select ten (10) entrants in a random drawing from among all eligible entries received. The odds of being selected are based on the number of eligible entries received. Sponsor will then review each of the selected entrants’ Contest Videos and determine in its sole discretion which entrant could use the most help with his or her golf swing. This entrant will be deemed the potential grand prize winner. The remaining nine (9) entrants will be deemed the potential runners up. The potential grand prize winner and potential runners up will hereinafter be referred to collectively as a “potential winner” or the “potential winners.”The potential winners will be notified via direct message on the social media platform used to enter on or about June 28, 2021. Except where legally prohibited, each potential winner must sign and return, within seven (7) days of being notified, a Declaration or Affidavit of Eligibility, Liability & Publicity Release (“Winner Documentation”) in order to claim his/her prize. If a potential winner cannot be contacted in person via direct message after the first attempt to contact him/her, or if he/she fails to sign and return the Winner Documentation or other required document within the required time period (if applicable), or in the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner in Sponsor’s sole discretion from among the runners up (if replacing the potential grand prize winner) or selected by a random drawing from among all remaining eligible entries (if replacing a runner up). Only three (3) alternate drawings will be held, after which any remaining prizes will remain un-awarded.
The potential winners will be notified via direct message on the social media platform used to enter on or about June 28, 2021. Except where legally prohibited, each potential winner must sign and return, within seven (7) days of being notified, a Declaration or Affidavit of Eligibility, Liability & Publicity Release (“Winner Documentation”) in order to claim his/her prize. If a potential winner cannot be contacted in person via direct message after the first attempt to contact him/her, or if he/she fails to sign and return the Winner Documentation or other required document within the required time period (if applicable), or in the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner in Sponsor’s sole discretion from among the runners up (if replacing the potential grand prize winner) or selected by a random drawing from among all remaining eligible entries (if replacing a runner up). Only three (3) alternate drawings will be held, after which any remaining prizes will remain un-awarded.
Verification of Potential Winners: ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
a. Grand Prize: The grand prize winner will receive: (i) a video recording from Xander and Stefan Schauffele in which they analyze and assess the grand prize winner’s golf swing based on his or her Contest Video (approximate retail value (“ARV”): $250.00); (ii) one (1) Callaway Epic Speed Driver ARV: $530.00); (iii) a Hyland swag package including a hat and water bottle (ARV: $25); and (iv) an Adidas hat signed by Xander Schauffele (ARV: $50). ARV of the grand prize: eight hundred and fifty-five U.S. dollars ($855.00).
b. Runner Up Prizes: Each of the nine (9) runners up will receive an Adidas hat signed by Xander Schauffele. ARV of each runner up prize: fifty U.S. dollars ($50.00).
ARV of all prizes to be awarded: one thousand three hundred and five U.S. dollars ($1,305.00).
Prize Restrictions: Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prizes not specifically stated herein are the sole responsibility of the individual prize winner. Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at its sole discretion. Sponsor will not replace any lost or stolen prizes. Prize cannot be used in conjunction with any other Contest or offer.
6. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
7. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR MOBILE APPLICATION ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, any website or mobile application associated with the Contest, and/or the legitimate operation of the Contest; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Contest is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and (a) modify the Contest or suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; or (b) award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment.
8. PUBLICITY; LIMITATIONS OF LIABILITY AND RELEASES:
By participating in this Contest, entrants agree that Sponsor, Facebook, Instagram, Twitter, YouTube, and their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, web masters, and their respective officers, directors, employees, representatives and agents (the “Released Parties”) are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize. No more than the stated number of prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
BY PARTICIPATING IN THIS CONTEST, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS CONTEST OR IN ANY CONTEST RELATED ACTIVITY, INCLUDING ACCESS TO AND USE OF FACEBOOK, INSTAGRAM, TWITTER, OR YOUTUBE, OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITES/MOBILE APPS, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, ACTUAL OR THREATENED PUBLIC HEALTH CRISES (INCLUDING, WITHOUT LIMITATION, EPIDEMICS AND PANDEMICS AND GOVERNMENT DIRECTIVES RELATED THERETO), WEATHER, OR TERRORISM.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS CONTEST, INCLUDING FACEBOOK, INSTAGRAM, TWITTER, YOUTUBE, AND ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Publicity Release. EXCEPT WHERE PROHIBITED BY LAW, EACH WINNER GRANTS TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), ITS SUBSIDIARIES, AFFILIATES, RETAILERS, DISTRIBUTORS, ADVERTISING AND CONTEST AGENCIES, SUPPLIERS, AND THOSE ACTING PURSUANT TO ITS AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING, BUT NOT LIMITED TO, THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THE WINNER’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, AND BIOGRAPHICAL INFORMATION FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.
9. Disputes. Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Northern District of Ohio or the appropriate State Court located in Cuyahoga County, Ohio; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses (if any) not to exceed two hundred and fifty dollars ($250), and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Ohio, without giving effect to any choice of law or conflict of law rules (whether of the State of Ohio or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Ohio.
11. Nature of Relationship/Waiver of Equitable Relief: Each entrant understands and acknowledges that the Sponsor has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas may be competitive with, similar or identical to the Contest Video and/or each other in theme, idea, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Contest Video. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Contest Video or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Contest Video or any material based on or allegedly based on the Contest Video, and the entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
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