These are the terms and conditions that apply to Acast’s Pod Power-Up competition (the “Competition”). By submitting an entry to the Competition here at the Entry Form (the “Entry Form”), you agree to be bound by these terms and conditions, including the Acast Self-Serve Terms of Service: https://selfserve.acast.com/tos. In these terms and conditions (the “Terms and Conditions”), “we”, “us”, “our” and Acast, all mean Acast Stories Inc. No other method of submission or entry than the Entry Form will be accepted.
Contestants
The Competition is open to contestants that are (i) small businesses that meet the United States Small Business Administration’s (https://www.sba.gov/) definition of a small business and (ii) registered in the United States of America, (a "Small Business”). A Small Business making an entry to the Competition is a “Contestant”.
Entrants
Entries on behalf of a Contestant may be made by individuals who are U.S. residents and aged 18 or over, who has the legal right to represent the Contestant (each an “Entrant”). The following individuals are not eligible to be an Entrant: (i) employees, representatives, agents, directors, and officers of Acast and its parent, subsidiary, or affiliated companies, member stations, and other parties involved in the administration of the Competition; and (ii) each of the immediate family members or other persons living in the same household as such excluded individuals.
Number of entries
Each Contestant may submit one (1) entry to the Competition. Entry constitutes each Entrant's certification that the Entrant and Contestant meet the eligibility requirements set forth in these Terms and Conditions. Acast reserves the right to verify and confirm each Entrant's and Contestant’s compliance with eligibility requirements. Winning a Power-Up Prize is contingent upon fulfilling all requirements set forth herein.
Duration of the Competition
The opening date for entries to the Competition is May 16, 2023. The Competition closes on June 13, 2023. No extensions to the deadline will be granted. Acast accepts no responsibility for any entries, including but not limited to, entries not successfully completed due to technical fault/malfunction, computer hardware or software failure, satellite issue, network or server failure of any kind. Acast can terminate the Competition at its sole discretion with no notice owed to any Contestants or Entrants.
Winner selection
One (1) winner will be selected by a jury consisting of Acast employees each selected by Acast in its sole discretion. The jury's decision is final and cannot be appealed. The jury does not have to justify its decision. The winners will be notified by email in June, 2023. If a winner does not accept within fourteen (14) days of being notified, that winner’s Power-Up Prize may be forfeited and Acast may select another winner. Acast’s decision regarding any aspect of the Competition is final and binding. No correspondence will be made about it and no feedback on Entries will be provided.
Competition entries
To enter the Competition, each Entrant shall submit a short form with details about the Contestant’s business, what makes the business unique and what a campaign on the Acast network would promote. The Entry may not include any material that violates or infringes another's rights including, but not limited to, material that violates privacy, publicity, or intellectual property rights.
Grant of Rights
In consideration for an Entry being reviewed and evaluated for the Competition, each Entrant on behalf of the Contestant grants Acast a non-exclusive, perpetual, worldwide, irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete, make derivative works from a subsequent produced Winning Campaign, or any portion thereof, in any media now known or hereafter devised and for any purpose.
Release
Each Entrant and Contestant agree to release Acast and its parent companies, from any and all claims and liabilities arising from or in connection with participation in this Competition, including, without limitation claims for injury, loss, or damage of any kind resulting from participation in this Competition, the production of a Winning Campaign or acceptance or use of a Power-Up Prize.
Prize
The Acast’s Pod Power-Up winning Contestant a ”Pod Power-Up Winner”) will receive the following Power-Up Prize:
A thirty (30) second Acast produced commercial campaign ("Winning Campaign”); and
A campaign order for the Winning Campaign on the Acast Self-Serve Platform to a value of $10,000. The Power-Up Prize is provided “as is” without warranty of any kind. The Power-Up Prizes are personal, non-exchangeable, non-transferable and no cash alternative is offered. Acast reserves the right to substitute any part of the Power-Up Prize. Each Pod Power-Up Winner will be solely responsible for any and all costs and federal, state and/or local taxes from acceptance of a Power-Up Prize.
Privacy
Acast is the data controller responsible for the processing of any personal data included in an Entry Form or else provided to Acast as part of participating in the Competition. By accepting these Terms and Conditions, you agree to Acast’s collection and use of personal data provided to Acast in accordance with this Section. When an Entry Form is submitted, Acast will collect and process data that is personal to you and any other person included in the Entry Form, including (“Entrant Personal Data”): name, e-mail address and any other personal data provided to Acast in an Entry Form. Acast collects and processes this personal data in order to administer the Competition, to communicate Competition results, and to deliver the Power-Up Prizes. The provided personal data may be shared with certain named third parties if the Competition is in collaboration with such third parties. Acast will retain the Entrant Personal Data for the entire duration of the Competition and if the Contestant creates an account on the Acast Self-Serve platform, Acast will retain such Entrant Personal Data for as long as the account is maintained.
An Entrant has the following rights:
Request access to the personal data Acast collects and process about the individual;Request that Acast updates or corrects any incomplete or inaccurate personal data concerning the individual; andRequest that Acast deletes personal data about the individual or that Acast restricts the processing of the personal data about the individual;For more information regarding privacy rights and how to exercise them, contact Acast at privacy@acast.com or reach out to Acast's Data Protection Officer at dpo@acast.com.
Miscellaneous
Acast reserves the right to refuse entry or refuse to award the Power-Up Prize to anyone in violation of these rules. Acast reserves the right to hold, void, cancel, suspend or amend the Competition in its discretion.
Governing Law and Dispute Resolution
This Competition (and any claim, dispute or matter arising under or in connection with it or its enforceability) and any non-contractual obligations arising out of or in connection with it, shall be governed by and construed in accordance with the law of the State of New York. By submitting an entry into the Competition, you irrevocably submit to the exclusive jurisdiction of the courts of New York over any claim, dispute or matter arising under or in connection with this Competition or its enforceability or the legal relationships established by this Competition (including non-contractual disputes or claims), and waive any objection to proceedings in such courts on the grounds of venue or on the grounds that proceedings have been brought in an inconvenient forum.For questions or inquiries about the competition please email: ads@acast.com
