Official Rules

The Union Plus “Unions Power America” People’s Choice Award (the “Contest”) is sponsored by Union Privilege, 1100 First Street NE Suite 850, Washington, DC 20002 (the “Sponsor”). The Contest will begin at 12:00:01 a.m. EST on July 27, 2023, and end at 11:59:59 p.m. EST on August 17, 2023 (“Contest Period”). At the start of the Contest Period, the Sponsor will post four (4) pre-selected videos from entrants of past Union Plus Contests during 2020-2022 For the purpose of these Official Rules, the creators of the four (4) posted videos will each be considered “Finalists”. The videos will be posted at www.unionplus.org/laborday (the “Website”). The general public (see Voter Eligibility section below) will be invited to visit the Website and vote for the video they find most deserving of the Grand Prize.

Limit one (1) vote per Voter per day. The Sponsor reserves the right, at its sole discretion, to disqualify any vote(s)/Voter(s) deemed to be (a) tampering or attempting to tamper with the voting process; (b) submitting more than the maximum number of votes allowed per day; or (c) violating these Official Rules in any way. In addition, Finalists are not allowed to use or promote the use of any voting board or voting forum to increase their vote total. Any Finalist suspected of using or promoting use of a voting board or voting forum may be subject to disqualification, at the Sponsor’s sole discretion. Finalists may not incentivize voting through the use of personal giveaways, Sweepstakes, or Contests. Any Finalist found attempting to violate or encourage violation of the voting limits and restrictions will be disqualified. The Finalist that receives the most votes during the Contest Period will be deemed the potential Grand Prize Winner. The other three (3) Finalists will each be deemed potential First Prize Winners.

NOTE: VOTERS ARE NOT ELIGIBLE FOR ANY PRIZE IN THIS CONTEST. All information submitted by Voters and Finalists will be treated according to Sponsor’s Privacy Policy, available at https://www.unionplus.org/page/privacy. By voting and providing any personal contact information, Voters hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s Privacy Policy.

VOTER ELIGIBILITY: The Contest is open to any legal resident of the fifty (50) United States, the District of Columbia, American Samoa, Guam, Northern Mariana Islands, Puerto Rico or the U.S. Virgin Islands; age eighteen (18) or older; who has a valid social security number and is a current or retired union member in good standing with a union nationally affiliated with the AFL-CIO  (see eligible unions in Appendix A of the Official Rules) (the “Voters”). Voting is not open to the general public. The Sponsor, the Administrator, their respective parent companies, employees, officers, directors, subsidiaries, affiliates, distributors, sales representatives and advertising and promotional agencies, and the officers, directors, agents, and employees of each of the foregoing (collectively, the “Released Parties”), and members of their immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are NOT eligible to Vote in this Contest. Non-eligibility or non-compliance with any of these Official Rules will result in disqualification. Void where prohibited or restricted by law.

By accepting the Prize, the Winners agree to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Contest or receipt or use of the Prize. Each potential Winner must comply with notification instructions within three (3) business days from the first attempt to receive an Affidavit of Eligibility, Liability & Publicity Release (the “Affidavit”) in order to claim their Prize. Each potential Winner must comply with instructions to sign and return the Affidavit to the Sponsor, within seven (7) days of when the Affidavit notice or attempted notice is sent. Note: The Affidavit sent to a potential Winner will require that the Winner provide their Social Security Number to the Administrator, which will be used solely for tax reporting purposes. The Winners will be responsible for all local, state, and federal taxes associated with the receipt of their Prize. The Prize Winners must note that the value of the Prize is taxable as income and an IRS Form 1099 will be filed in the name of the Winner for the value of the Prize. The Winners are solely responsible for all matters relating to their Prize after it is awarded. If a Prize or Prize notification is returned as unclaimed or undeliverable to a potential Winner, if a potential Winner cannot be reached or does not comply with notification instructions within three (3) business days from the first notification attempt, if a potential Winner fails to return requisite document(s) within seven (7) business days, or if a potential Winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, an alternate Winner may be selected.

By accepting the Prize, where permitted by law, the Winners grant to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time their full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification. The Winners also acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Prize.

GENERAL CONDITIONS: If for any reason the operation or administration of this Contest is impaired or incapable of running as planned for any reason, including but not limited to: (a) infection by computer virus, bugs, (b) tampering, unauthorized intervention, (c) fraud, (d) technical failures, or (e) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, the Sponsor reserves the right at its sole discretion, to (i) disqualify any individual who tampers with the entry process, and/or (ii) cancel, terminate, modify or suspend the Contest in whole or in part, at any time, without notice and award Prizes using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules.  Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Contest or Sponsor’s Website; or (b) acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE; THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.

RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Contest, Voters and Finalists agree to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize, including, but not limited to: (a) any technical errors that may prevent a Voter from voting; (b) unauthorized human intervention in the Contest; (c) printing errors; (d) errors in the administration of the Contest or the processing of entries; or (e) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Voters’ or Finalists’ participation in the Contest or receipt of any prize. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to Voter’s, Finalist’s, or any other person’s computer relating to or resulting from participation in this Contest or downloading any materials in this Contest.  Voters and Finalists further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Released Parties be liable for attorney’s fees.  Voters and Finalists waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. Released Parties are not liable in the event that any portion of the Contest is cancelled due to weather, fire, strike, acts of war or terrorism, pandemic, or any other condition beyond their control. The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims. For New Jersey Residents: nothing herein bars recovery of damages or attorneys’ fees where mandated by statute.

Except as expressly provided above, IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS CONTEST OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE.

By participating, Voters and Finalists release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Contest or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of a Prize. Released Parties are not liable in the event that any portion of the Contest is cancelled due to weather, fire, strike, acts of war or terrorism, pandemic, or any other condition beyond their control.

EACH VOTER AND FINALIST UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER.  SECTION 1542 READS AS FOLLOWS:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

DISPUTES: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Voters, Administrator, and Sponsor in connection with the Contest shall be governed by and construed in accordance with the laws of the District of Columbia, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s or jurisdiction’s laws.  By participating in the Contest, Voters and Finalists agree that: (i) any and all disputes, claims, and causes of action arising out of or in connection with the Contest, shall be resolved individually without resort to any form of class action; (ii) any judicial proceeding shall take place in a federal or state court within the District of Columbia; (iii) 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 will attorney fees be awarded or recoverable; (iv) under no circumstances will Voter or Finalist be permitted to obtain awards for, and Voter and Finalist hereby waives all rights to seek, punitive, incidental, exemplary, consequential, special damages, lost profits, other damages, and/or any rights to have damages multiplied or otherwise increased; and (v) Voter’s (and Finalist’s) remedies are limited to a claim for money damages (if any) and he/she/they waives any right to seek injunctive or equitable relief.

SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, the other provisions will remain in effect and will be construed as if the invalid or unenforceable provision were not contained herein.

MISCELLANEOUS: These Official Rules contain the full and complete understanding with respect to the Contest and supersede all prior and contemporaneous agreements, representations, and understandings, whether oral or written. The headings herein are for convenience only, do not constitute a part of these Official Rules, and shall not be deemed to limit or affect any of the provisions hereof. No amendment to, or waiver of, any provision of these Official Rules shall be effective unless in writing and signed by both Sponsor and Administrator.  The waiver by Sponsor or Administrator of any provision of these Official Rules shall not constitute a waiver of any other provision herein. The rights and obligations hereunder may not be assigned by Voters and Finalists, whether by operation of law or otherwise, without the prior written consent of Sponsor, and any attempted assignment in violation of the foregoing shall be null and void. These Official Rules shall be binding upon, and inure to the benefit of, the permitted successors and assigns of Sponsor, Administrator, Finalist and Voter.

WINNERS LIST REQUEST: To request confirmation of the first name, last initial, city, and state of each Winner (available after August 20, 2023), please send a self-addressed, stamped business size envelope, by September 30, 2023, to: ASC/VS “Union Plus People’s Choice Award” Winners List Request, 300 State St., Suite 402, Rochester, NY 14614.

Appendix A: ELIGIBLE UNIONS

AAAA — Associated Actors and Artistes of America
AEA — Actors' Equity
AFA-CWA — Flight Attendants
AFGE — Government Employees
AFM — Musicians
AFSA — School Administrators
AFSCME — State, County and Municipal Employees
AFT
AGMA — Musical Artists
AGVA — American Guild of Variety Artists
ALPA — Air Line Pilots
APWU — Postal Workers
ARA — American Radio Association
ATDA — Train Dispatchers
ATU — Amalgamated Transit
BAC — Bricklayers
BCTGM — Bakery, Confectionery, Tobacco
BRS — Railroad Signalmen
CSEA — California School Employees
CWA — Communications Workers
FLOC — Farm Labor Organizing Committee
GIAA — Italian American Actors
GMP — Glass, Molders, Pottery, Plastics & Allied Workers
HFIU — Heat and Frost Insulators Union
IAFF — Fire Fighters
IAM — Machinists
IATSE — Theatrical Stage Employees
IBB — Boilermakers
IBEW — Electrical Workers
IFPTE — Professional and Technical Engineers
IRONWORKERS — Iron Workers
IUANPW — Allied, Novelty and Production Workers
IUEC — Elevator Constructors
IUE-CWA — Industrial Union of Electrical Workers
IUOE — Operating Engineers
IUPA —Police
IUPAT — Painters
LIUNA — Laborers
MEBA — Marine Engineers
MLBPA — Major League Baseball Players Association
MLSPA — Major League Soccer Players Association
MM&P — Masters, Mates, & Pilots
NABET-CWA – Broadcast Employees & Technicians
NALC — Letter Carriers
NATCA — Air Traffic Controllers
NFFE-IAM — National Federation of Federal Employees
NFLPA — Professional Athletes
NNU — National Nurses United
NPMHU — Mail Handlers
NTWA — Taxi Workers
NWSLPA – Women's Soccer League Players Association
OPCMIA — Plasterers and Cement Masons
OPEIU — Office and Professional Employees
PASS — Professional Aviation Safety Specialists
PLATE — Plate Printers
PPMW-CWA — Printing, Publishing and Media Workers
RWDSU — Retail, Wholesale and Department Store Union
SAG-AFTRA — Screen Actors Guild
SIU — Seafarers
SMART — Sheet Metal Workers
TCU/IAM — Transportation & Communication Workers
TNG-CWA — The Newspaper Guild
TWU — Transport Workers
UA — Plumbers, Fitters, Welders and Service Techs
UAW — Auto Workers
UFCW — Food and Commercial Workers
UMWA — Mine Workers
UNITE HERE — UNITE HERE
USW — Steelworkers
UURWA — Roofers
UWUA — Utility Workers
WGAE — Writers Guild of America East
WNBPA — Women's National Basketball Players' Association