Expressing Yourself – Brought to You by the First Amendment Giveaway

Official Rules

  1. HOW TO ENTER: No purchase or payment of any kind is necessary to enter or win this 1A Fest Giveaway (the “Giveaway”). Any purchase or payment will not increase your chance of winning the Giveaway. The Giveaway begins at 2pm EST on September 28, 2024, and ends at 5:30pm EST on the same day (the “Giveaway Period”). Throughout the Giveaway Period, you may enter the Giveaway by grabbing a Giveaway card (the “Card”), completing two (2) out of (3) of the below activities, and turning in the completed Card table with your full name and email at the designated area within the Del Mar Restaurant located at 791 Wharf St SW, Washington, DC 20024 (the “1A Café”):
    • Take the 1A Pledge by completing this form at the 1A cafe or
    • Send a pre-paid postcard to your elected leader(s) asking them to support First Amendment freedoms with the following text:

      Dear __________________,

      The right to exercise my deepest beliefs, speak out, express myself through art and music, publish my thoughts, and gather with others to advocate for a cause is brought to me by the First Amendment. These essential freedoms enrich my life every day. Please do your part to ensure that all Americans can enjoy these freedoms for generations to come.

      [Space to sign at bottom]

    • You may send postcard(s) to your elected leader(s) from a list provided by Sponsor. Sponsor will mail the completed postcard(s); or
    • Follow the @1stforall Instagram account (the “Account”).

    You will receive one (1) entry after completing the foregoing as provided above. You must physically turn in your completed Card at the 1A Café by 3:30pm EST for a drawing at 4pm or 5:30pm EST for a drawing at 6pm EST (each a “Drawing”). This is the only method of entry. All referenced links throughout the Official Rules are embedded directly in the accompanying text. Incomplete, false or deceptive entries are void. Winner will be picked and announced on the Account’s Instagram per the timetable in Section 4. Sponsor’s computer will serve as the official time keeping device for this Giveaway.

  2. SPONSOR: Freedom Forum, Inc., 610 Water Street SW, Suite 300, Washington, District of Columbia 20024.
  3. ELIGIBILITY: The Giveaway is open to legal residents of the United States and the District of Columbia who are at least 18 as of September 28, 2024. Employees of Sponsor and any of its advertising and promotional agencies, any other entities participating in the design, marketing, administration or fulfillment of this Giveaway, as well as each of their parent corporations, subsidiaries and affiliated companies (collectively with Sponsor, the “Giveaway Entities”), and each of their immediate families and members of their households are ineligible to participate in this Giveaway. All referenced links throughout the Official Rules are either pasted herein or embedded directly in the accompanying text. Void where prohibited.
  4. SELECTING THE WINNERS AND NOTIFICATION: The potential prize winners will be selected by random drawing after compiling all eligible entrants from the Giveaway Period for each Drawing (each an “Entrant” and collectively the “Entrants”). Entrants who are not selected for the first Drawing shall be automatically entered in the second Drawing. Sponsor, whose decision is final and binding in all respects, will contact each selected Entrant through the email provided on the Card (“Notice”) on or after September 28, 2024 (“Potential Prize Winner”). Odds of winning the Prizes depend on the number of eligible entries received from Entrants during the Giveaway Period. Failure of Potential Prize Winner to respond to such Notice within 48 hours will result in disqualification of Potential Prize Winner and an alternate potential winner will be selected (“Alternate Potential Winner”). Alternate Potential Winner shall be contacted via Notice as soon as practicable and shall also have 48 hours to respond. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S’ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED VERIFICATION IS COMPLETE (each a “Winner”).
  5. General Conditions; License: Except where prohibited by law, by entering the Giveaway or agreeing to accept a Prize or accepting a Prize, each Entrant hereby irrevocably and exclusively grants to the Giveaway Entities, and their licensees, affiliates, and assigns (collectively, the “Licensed Parties”), an irrevocable, royalty-free and fully paid up right and license (but not obligation) to use the Entrant’s content in connection with the Giveaway, including but not limited to, the entries and content featuring or utilizing any Prize, as well as each’s name, social media handles, photograph, likeness, statements, voice, and biographical information therein or thereto (collectively, the “Materials”), throughout the universe, in perpetuity in any and all media, whether now or hereafter known or devised, for any and all purposes, including but not limited to commercial or advertising purposes, without review, credit, permission, or further compensation or consideration. Without limitation, each Entrant understands and agrees that the rights granted herein include reproduction and/or exploitation of the Materials or derivatives thereto, in whole or in part, in any media throughout the world, in perpetuity and throughout the universe as may be conferred upon the Licensed Parties under all applicable laws, regulations, or directives. Entrant hereby irrevocably waives all so-called “moral rights of authors” and “droit moral” rights (and any similar rights under the laws of any country of the world) in connection with the Materials and exploitation of any nature.
  6. PRIZES AND TAXES: There will be three (3) total Winners selected (one (1) for first Drawing, two (2) for second Drawing). You do not need to be present at the 1A Café for any Drawing. One Winner will receive one (1) of the following (each a “Prize”), which will be awarded at random during each Drawing:
    • Complimentary one (1) night stay at the Pendry Washington DC- The Wharf + $150 food and beverage credit which must be redeemed by September 28, 2025- ERV $500;
    • $100 food and beverage credit from Pearl Street Warehouse- ERV $100; or
    • Two (2) tickets to see The B-52’s at The Anthem on October 31, 2024 with access to the VIP lounge- ERV $290.

    The total estimated retail value (“ERV”) of all Prizes is $890 USD. Winner may not substitute, assign, or transfer Prizes or redeem any Prize for cash. Sponsor reserves the right, in its sole discretion, to substitute a Prize, or portion thereof, with one of comparable or greater value. Limit 1 Prize per family or household. Additional restrictions may apply.

    Any applicable federal, state, and local taxes and liabilities arising from this Giveaway, including, without limitation, excise tax (including sales tax), and other expenses not specifically set forth herein are the sole responsibility of each Winner. Each Winner shall provide, upon the relevant Giveaway Entities’ request, all available information that such Giveaway Entities may reasonably require to fulfill its obligations under any national, state, provincial, or local tax statute, regulation, or rule. Each Winner acknowledges that the Giveaway Entities will rely upon such information to prepare all relevant tax materials, if any, including the Internal Revenue Service form 1099.

  7. RELEASE: This Giveaway is subject to all applicable federal, state and local laws of the United States. By participating, you agree to be fully and unconditionally bound by these Official Rules and the decisions of Sponsor and waive any and all right to claim ambiguity in the Giveaway or these Official Rules or that your publicity or similar rights were infringed upon. Entrants and Winners also agree to release, discharge, indemnify and hold harmless the Licensed Parties, any third party platforms utilized in connection with the Giveaway, including but not limited to Instagram, Meta (formerly Facebook), YouTube, and X (formerly Twitter), and each of their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) from and against any claims, damages, disability, attorneys’ fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including death) or property; or of any acceptance, possession, ownership, misuse of any Prize (collectively, the “Claims”). Without limiting the foregoing, such release includes any Claims, whether known or unknown, suspected or unsuspected that you (and any of your heirs, executors, administrators, successors, and permitted assigns) have or may have against the Released Parties arising out of or in any way related to the Giveaway. Sponsor may rescind any aspect of the Giveaway found to contain such errors without liability at its sole discretion.ALL PRIZES ARE AWARDED “AS IS” WITH NO WARRANTY OR GUARANTEE OF ANY KIND. THE GIVEAWAY ENTITIES DO NOT MAKE ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PRIZE OR, IF APPLICABLE, ANY PRIZE COMPONENTS, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS OR ACTS OR GOVERNMENT OR AUTHORITY.
  8. LIMITATION OF LIABILITY: The Released Parties are not responsible for: (i) lost, late, misdirected, undeliverable or incomplete entries due to system errors or failure, or faulty transmissions or other telecommunications malfunctions and/or entries; (ii) technical failures of any kinds; (iii) failures of any of the equipment or programming associated with or utilized in the Giveaway; (iv) unauthorized human and/or mechanical intervention in any part of the entry process or the Giveaway; (v) technical or human error which may occur in the administration of the Giveaway or the processing of entries; or (vi) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or part, from Entrant’s participation in the Giveaway or receipt or use of any Prize. If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry in the Giveaway. If for any reason this Giveaway is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Giveaway, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify, or suspend all or any part of the Giveaway and to select Potential Prize Winners from among all eligible entries received by Sponsor up until the time of such cancellation, termination, modification or suspension, as applicable.To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding reasonable outside attorneys’ fees) associated with participation in this Giveaway and shall not include any indirect, punitive, incidental and/or consequential damages.
  9. JURY TRIAL WAIVER: EXPECT AS PROHIBITED BY LAW AND AS A CONDITION OF PARTICIPATING IN THIS GIVEAWAY, ENTRANT HEREBY WAIVES ANY RIGHT HE/SHE/THEY MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS GIVEAWAY, ANY DOCUMENT OR AGREEMENT ENTERED INTO CONNECTION HEREWITH AND ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.
  10. APPLICABLE LAWS AND JURISDICTION. This Giveaway is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules for this Giveaway shall be governed by the laws of the District of Columbia, without regard to any principles of conflict of laws. Should there be a conflict between the laws of the District of Columbia and any other laws, the conflict will be resolved in favor of the laws of the District of Columbia. All disputes arising out of or connected with this Giveaway will be resolved individually, and without resort to class action, exclusively by binding arbitration by a single arbitrator in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association, in a county within the District of Columbia designated by Sponsor. The arbitrator shall be an expert in the field of intellectual property law and marketing. All parties shall bear their own expenses, except that parties shall equally share the expenses of the arbitrator (except for the required non-refundable filing fees which shall be paid solely by the party asserting the related claim). Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
  11. PRIVACY POLICY AND TERMS OF USE: By entering this Giveaway, you are giving your permission to receive Notices, emails, and other communications from Sponsor. By entering this Giveaway, you acknowledge and agree that: (i) you have opted-in to Sponsor’s Terms of Use, Privacy Policy, and other relevant guidelines/terms, including such which are available here and here, respectively, along with any revisions to the same; and (ii) by opting-in, you have read and consent to the foregoing. Each Entrant further acknowledges that if he/she/they is chosen as a Winner, certain of his/her/their identifying information may be disclosed to third parties as required by law, including, without limitation, on a Winners’ list.
  12. NO ASSOCIATION: This Giveaway is in no way sponsored, endorsed or administered by or otherwise associated with any social media platform, including but not limited to, YouTube, Instagram, Meta (formerly Facebook), X (formerly Twitter), and TikTok, The B-52’s, or any other third party in connection with the Prizes.
  13. RULES/WINNERS LIST: For 30 days after the Giveaway Period, you may also send an email to [email protected] for the names of the Winners. In the subject of the email, type “1A Fest Giveaway- 2024 Winners’ List.” No correspondence will be entered into except as noted herein.