OFFICIAL RULES 2010
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. ONLINE ENTRY ONLY. INTERNET ACCESS IS REQUIRED TO ENTER.
1) CONTEST SUBMISSION PERIOD: Submission Period begins on 11/01/10 at 12:01AM ET and ends on 12/12/10 at 11:59PM ET. The Webmaster’s computer will be the official time keeping device of this Contest.
2) CONTEST DESCRIPTION: The object of the Contest is to visit the Hart and Huntington Orlando Facebook Page (the “Contest Application”) and submit a photo of yourself showing your H&H Orlando spirit with a caption detailing why you are H&H Orlando’s ultimate fan. All photos must comply with these Official Rules and meet the submission guidelines (“Submission Guidelines”) herein, and all photos will be voted/judged in accordance with the voting/judging criteria (“Voting/Judging Criteria”) detailed below. This Contest is in no way sponsored, endorsed, administered by, or associated with Facebook and Sponsor and all entrants release Facebook from any liability in connection with this Contest. By entering, entrants hereby agree to look solely to Sponsor with any comments or issues.
4) HOW TO ENTER: NO PURCHASE IS NECESSARY TO ENTER OR WIN, and no entry fee or payment is necessary to participate in the Contest. You must become a fan of Hart and Huntington Orlando on Facebook in order to enter. Each person/entrant is solely responsible for any and all uses of his/her registered account. By entering the contest, all participants consent to the use of their caption, name, actions and/or image (“Likeness”) of all identifiable parties in the submitted photo in any form, as incorporated in the Photo Entry, by Hart and Huntington Orlando (“Sponsor”) and its affiliates, successors or licensees and others acting on its behalf for the purpose of advertising and promotion in any media, throughout the world in perpetuity, including but not limited to on the world wide web. Submission to the contest grants the Sponsor an irrevocable, fully paid, non-exclusive and unrestricted license to display and use the Likeness of those parties in the photo as Sponsor determines now and in the future and to publish, adapt, edit and/or modify the Photo Entry in any way, in whole or in part, and to use such Photo Entry in commerce and in any and all media now known or hereafter discovered, worldwide, including but not limited to the Contest Application, without limitation or compensation to participant and without right of notice, review, or approval of any such use of the Photo Entry or Likeness. Those who submit to the contest waive and release Sponsor from any claims based upon invasion of privacy, right of publicity, defamation, or claim of visual or audio alteration or faulty mechanical reproduction.
All entries must comply with these Official Rules and meet the submission guidelines (“Submission Guidelines”) detailed herein. Proof of submission of entry does not constitute proof of delivery or entry. Entries will not be returned to entrants. To enter the Contest, entrants must visit the Hart and Huntington Orlando Facebook Page and upload and submit their photo with caption in compliance with these Official Rules and the Submission Guidelines (an “entry”). Incomplete entries or entries that do not fully comply with these Official Rules and the Submission Guidelines, in the sole discretion of Sponsor, will not be eligible. Entrants may submit as many entries as they want, so long as each entry is unique from their previous entry and/or the entries of others. If an entry includes private third party property or places, entrant hereby represents and warrants he/she has received express permission from such private third party property or place owner to submit such entry, and Sponsor may request proof of such express permission in written form at any time. Failure to provide the above referenced proofs may result in disqualification of the entry from the Contest.
5) SUBMISSION GUIDELINES: Each entry that is submitted to the Contest must comply with these Official Rules and all Submissions must comply with the following Submission Guidelines. Any entry that, in Sponsor’s sole and absolute discretion, violates these Official Rules or the Submission Guidelines below will be disqualified. By submitting an entry, entrant warrants and represents that he/she and any persons who are identifiable in the entry consent to the submission and the use of the entry and such participants grant Sponsor permission to use his/her name, likeness, hometown, photograph or image for future advertising and publicity purposes in connection with this Contest in any and all media without additional compensation, notification or permission, unless restricted by law.
The entry must, in Sponsor’s sole discretion:
- Be entrant’s original creation and must not have been copied, in whole or in part, from any other work
The entry must NOT, in Sponsor’s sole discretion:
- Have been previously published
- Have previously won any prizes in a promotion of any kind
Contain material that, in the sole discretion of Sponsor:
- Disparages any person, Sponsor and/or any of its affiliates’ products, competitors, or any of the Contest Entities affiliated with sponsoring, promoting or administering this Contest, or other companies;
- Violates or infringes upon the copyrights, trademarks, or privacy, property, publicity or other intellectual property rights of any person or entity;
- Includes brand names, copyrighted work or trademarks/logos that may infringe on rights of any third party. The entry may include Hart and Huntington brand name, copyrighted work or trademark/logos, which entrant is hereby granted a limited license to use solely for the purpose of creating and submitting an entry to this Contest.
- Appears to duplicate any other submitted entries;
- Is hateful, tortuous, defamatory, slanderous or libelous;
- Promotes bigotry, racism, sexism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Contains any personal identification, such as personal names, phone numbers or e-mail addresses, without permission;
- Contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;
- Contains look-alikes of celebrities or other public or private figures, living or dead, without permission;
- Promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing);
- Promotes any activities that may appear unsafe or dangerous;
- Is unlawful or in violation of any law;
- Contains any nudity, sexually explicit, lewd, offensive, disparaging or other inappropriate content;
- Is unsuitable to be entered into this Contest for any reason whatsoever, at Sponsor’s sole discretion; and/or
- Communicates messages or images inconsistent with the positive images and/or good will to which Sponsor and/or the Contest Entities wish to associate, in Sponsor’s sole discretion.
As a condition of entering the Contest, each entrant warrants and represents that he/she is an individual appearing in or represented in the entry and that the entry does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. Entrant agrees that the Contest Entities are not responsible for any unauthorized use of entries by third parties. Contest Entities do not guarantee the posting of any entry and any/all posting is in their sole discretion. At any time during the Contest, even if the entry is already posted on the Contest Application, or is being taken into consideration for a prize, if Sponsor determines that an entrant’s Submission is not in compliance with any of the Submission Requirements or these Official Rules, the entry will be disqualified, will be removed from Hart and Huntington Orlando’s facebook page, and will not be eligible to win a prize. Entrants agree that they will not use the entry for any other purpose, including, without limitation, posting the entry to any other online social networks, without the consent of Sponsor.
6) CONTEST JUDGING/PRIZES: Participants may enter the Contest by submitting an entry during the Contest Submission Period. All entries must be received within the submission period to be eligible. Each Grand Prize submission will be given a 1-10 rating based on passion for the H&H Orlando brand and another 1-10 rating based on creativity. The Sponsor will complete all ratings. The submission with the highest combined score of passion and creativity will be selected as the Grand Prize winner. One first prize winner will be selected during the 8 weeks of the contest.
Grand Prize: One (1) Grand prize winner will receive a $300 Gift Card for a Tattoo at Hart and Huntington Orlando, an H&H Clothing Pack that includes 1 hoodie, 1 t-Shirt, 1 or more stickers, and a signed copy of Carey Hart’s book, Inked Life of a Tattoo.
First Prizes: Six (6) First Prize winners will receive a signed copy of Carey Hart’s book, Inked Life of a Tattoo.
7) GENERAL: Total ARV of all prizes in the Contest is 700 USD. There is a limit of one (1) prize per person and one (1) First Prize per household. Except as determined by the Sponsor in its sole discretion, no substitution of any prize shall be offered and no transfer of any prize to a third party is permitted. All federal, state, and other tax liabilities arising from this Contest are the sole responsibility of the applicable prize winner. The prizes are not redeemable for cash. No more than the stated number and value of prizes listed in these Official Rules will be awarded. Actual value of the prizes depends on current market conditions at time of prize fulfillment, and any difference between the stated ARV and the actual value, if any, will not be awarded. Grand prize components cannot be used in conjunction with any other promotion or offer. Prize winners must have a valid U.S. photo identification. Prize packages do not include any other items not specifically described in these Official Rules. Sponsor may choose to award fewer than one (1) Grand Prize and eight (8) First Prizes if, in its sole discretion, it does not receive enough eligible and qualified entries. In the event of a dispute, an entry will be declared/made by the authorized account holder of the Facebook account submitted at the time of entry, and if a prize is won, it will be awarded to such Facebook account owner. It is the sole responsibility of the entrant to notify the Sponsor in writing if the entrant changes his or her Facebook page, phone number or postal address during or shortly after the Contest Period. Sponsor reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Contest.
8) WINNER NOTIFICATION/CONFIRMATION: No potential Grand Prize or First Prize winners are Official Winners unless Sponsor confirms such. The potential Grand Prize winner will be notified via message to the Facebook account that made the submission. Sponsor will make two (2) attempts, two (2) days apart, to contact the potential Grand Prize winner via Facebook. Potential Grand Prize winner will have four (4) calendar days from the time of the first notification attempt to respond to Sponsor or else Sponsor will move on and notify an alternate Grand Prize winner. Once contact is made, it will be the potential Grand Prize winner’s responsibility to notify the Sponsor via Facebook that they accept the prize and to work with the Sponsor to detail prize shipment. If potential Grand Prize winner fails to respond in the time period specified above, if any notification or notification attempt is returned as undeliverable or as an error, or the potential Grand Prize winner declines their prize, then the prize may be forfeited and an alternate winner may be selected, at the Sponsor’s sole discretion. Potential First Prize winners will be notified via message to the Facebook account that made the submission and the winning picture will be displayed on the Hart and Huntington Facebook page.
The First Prize winners will have four (4) calendar days from the time of the first notification attempt to respond to Sponsor. Once contact is made, it will be the potential Grand Prize winner’s responsibility to notify the Sponsor via Facebook that they accept the prize and to work with the Sponsor to detail prize shipment. If a potential First Prize winner fails to respond in the time period specified above, if any notification or notification attempt is returned as undeliverable or as an error, or the potential First Prize winner declines their prize, then the prize may be forfeited and an alternate winner may be selected, at the Sponsor’s sole discretion.
9) REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each entrant represents and warrants he/she has not engaged or taken part in (or induced or encouraged anyone else to do so) any activity or conduct in connection with this Contest that may or is likely to harm or create a risk of harm, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to any person, other living things or any property; may or is likely to create a risk of any other loss or damage to any person, living things or any property; is or may constitute a crime, unlawful or non-consensual activity (e.g., conduct that could lead to criminal prosecution), tortuous conduct (e.g., conduct that could lead to civil prosecution). Each entrant hereby agrees to indemnify and hold the Contest Entities harmless from and against any and all claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating, in whole or in part, directly or indirectly, to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder. Failure of Sponsor to enforce any provision herein shall not be deemed a waiver of such. Sponsor hereby indemnifies and holds harmless Facebook from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) for any claim related to the Contest including without limitation the publicity or administration thereof.
10) GRANT OF RIGHTS/INTELLECTUAL PROPERTY: Each entrant grants to Sponsor an irrevocable, fully paid, non-exclusive and unrestricted license in each entry to display and use the entry as Sponsor determines now and in the future and to publish, adapt, edit and/or modify their submission/entry in any way, in whole or in part, and to use such submission/entry in commerce and in any and all media now known or hereafter discovered, worldwide, including but not limited to the Contest Application, without limitation or compensation to entrant and without right of notice, review, or approval of any such use of the entry. Each entrant agrees that Sponsor shall have a royalty free/irrevocable perpetual license to use, publish, adapt, edit and/or modify their submission/entry in any way, in whole or in part, and to use such submission/entry in commerce and in any and all media now known or hereafter discovered, worldwide, including but not limited to the Contest Application, without limitation or compensation to entrant and without right of notice, review, or approval of any such use of the entry. Any entrant whose work includes likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to depictions of buildings, trademarks, persons or logos) must be able to provide, upon Sponsor’s or Administrator’s request, legal releases for authorizing use of the submission/entry in Sponsor’s and Sponsor’s designees’ advertising, marketing and promotions in any and all media, in perpetuity, without additional compensation, permission, or notification, unless prohibited by law. Failure to provide such releases upon request may result in disqualification. By entering, you hereby indemnify and hold harmless the Contest Entities 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, your submission/entry, or your conduct in creating your submission/entry or otherwise in connection with this Contest. Sponsor respects the rights of others. The Contest Application may contain materials of third parties and Sponsor may also transmit and store such third party materials. As a result, materials of third parties, not owned or controlled by Sponsor, may be included on the Contest Application or may be stored or transmitted over Sponsor’s digital online communication systems. To the best of Sponsor and Administrator’s knowledge, these materials do not infringe on the rights of others. Upon receipt of proper notice of claimed infringement, Sponsor and/or Administrator will respond expeditiously to resolve the claim between the notifying party and the alleged infringer who provided the materials in issue, including, where applicable, removing or disabling access to materials claimed to be infringing. The proper party whom you should address such notice is email@example.com
11) PRIVACY: Any submission, communication, or information transmitted to Sponsor and/or the Contest Application by Facebook, electronic mail, or otherwise is and will be treated as non-confidential and non-proprietary.
12) OTHER CONDITIONS: Entrants agree that the Contest Entities (a) shall not be responsible or liable for any losses, damages or injuries of any kind resulting, in whole or in part, directly or indirectly, from participation in the Contest or any Contest-related activity, from acceptance, receipt, possession and/or use or misuse of a prize (including any travel or activity related thereto) or any Contest Entity’s use of any entry or the rights granted herein, and (b) have not made any warranty, representation or guarantee, express or implied, in fact or in law, with respect to a prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Contest Entities assume no responsibility for computer system, Contest Application, phone line, hardware, software or program malfunctions or other errors, failures of any kinds, delayed computer transmissions or network, server, cable, satellite, Internet Service Provider (ISP) or other connections that are human or technical in nature or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing or judging of entries, the notification and announcement of the winners, the incorrect uploading of any submission/entry or in any other Contest-related materials. Sponsor reserves the right in its sole discretion to cancel or suspend this Contest, in its entirety or in part, for any reason, including should virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or other causes corrupt the administration, security, fairness, integrity or proper play of the Contest, or any part of it. Contest Entities are not responsible for incorrect or inaccurate entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Contest, by any technical or human errors which may occur in the processing of the entries in the Contest. In the event of termination or cancellation, Sponsor reserves the right award the prizes from among all eligible, non-suspect, entries received prior to the date of the termination or cancellation using the judging criteria outlined above or a random drawing method, at the sole discretion of Sponsor. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or Contest Application, or to be acting in a unsportsmanlike or disruptive manner or in violation of these Official Rules. Contest Entities are not responsible for entries that are late, tampered with, forged, incomplete, misdirected, lost, misplaced, stolen, delayed, garbled, damaged, inaccurate, undelivered, destroyed or otherwise not in compliance with these Official Rules, and all such submission/entries will be void. Sponsor reserves the right at its sole discretion to disqualify any individual suspected of tampering with the entry process or the operation of the Contest; or to be acting in any manner deemed by Sponsor to be in violation of the Official Rules; or to be acting in any manner deemed by Sponsor to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person. All prizes are awarded “AS IS” and without warranty of any kind, express or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose. Any and all guarantees and warrantees on merchandise prizes are subject to the manufacturer’s terms and conditions and winners agree to look solely to said manufacturers for any such warranty or guarantee claim. CAUTION: ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE CONTEST APPLICATION OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
13) IDEA SUBMISSIONS: As a condition of submitting a submission/entry, each entrant acknowledges and agrees that (a) Sponsor and other participants have access to and/or may create or have created submissions/entries and/or other materials, ideas and concepts which may be similar or identical to the entrant’s submission/entry in theme, idea, format, characters and/or other respects; (b) the entrant will not be entitled to any compensation or other consideration because of the use by Sponsor or any other participant of any such similar or identical material, ideas and/or concepts; and © Sponsor’s or another participant’s use of material containing elements similar to or identical with those contained in the entrant’s submission/entry shall not obligate Sponsor to negotiate with and shall not entitle entrant to any compensation or other claim.
14) DISPUTES: THE CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF FLORIDA, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN ORLANDO, FLORIDA. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN FLORIDA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF ORANGE. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
15) NO OBLIGATION TO USE: Sponsor shall have no obligation (express or implied) to post any submission/entry to the Contest Application, to approve any submission/entry, or to otherwise exploit any submission/entry. Further, if commenced, Sponsor has no obligation to continue the posting, distribution, or exploitation thereof, and Sponsor may at any time abandon the use of any submission/entry for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof.
16) FURTHER DOCUMENTATION: If Sponsor shall desire to secure additional assignments or certificates of engagement for the entry or other documents, as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each entrant agrees to sign the same upon Sponsor’s request thereof.
17) SPONSOR: Hart and Huntington Orlando
18) ADMINISTRATOR: Rise Creative Group