Brooks Sports PureProject On The Run Photo Contest Official Rules
Important: Please read these rules before entering this contest (the "Contest").
By participating in this Contest, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements below.
NO PURCHASE IS NECESSARY TO ENTER.
PURCHASE WILL NOT INCREASE ODDS OF WINNING. THIS CONTEST OPEN ONLY TO LEGAL RESIDENTS OF ONE OF THE FIFTY (50) UNITED STATES OR DISTRICT OF COLUMBIA WHO ARE AT LEAST AGE 18 (OR THE AGE OF MAJORITY UNDER APPLICABLE LAW). IF YOU DO NOT MEET ANY OF THESE REQUIREMENTS, OR ANY OTHER ELIGIBILITY REQUIREMENTS IN THESE OFFICIAL RULES, YOU ARE NOT ELIGIBLE TO WIN A PRIZE, AND BROOKS SPORTS, INC. ("Sponsor") RESERVES THE RIGHT NOT TO AWARD PRIZES TO YOU. To be eligible to win a prize, entries must be completed and received by Sponsor in the manner and format designated below. Directors, officers and employees of Sponsor and its participating sponsor(s) and any of their respective affiliate companies, subsidiaries, agents, professional advisors, advertising and promotional agencies, and immediate families of each are not eligible to win any prizes. All applicable federal, state and local laws and regulations apply. Limit one entry per person, per Submission Period (defined below).
Sponsor, Facebook, Inc., all participating sponsors, and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees and agencies (collectively, the "Released Parties") will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; (c) any Contest disruptions, injuries, losses or damages caused by events beyond the control of Sponsor or by non-authorized human intervention; or (d) any printing or typographical errors in any materials associated with the Contest.
3. Contest Period.
The Contest starts at 12:30 pm (all times Pacific Time) on January 6, 2013 and ends at 10:00 am on January 12, 2013 (the "Contest Period"). The Contest Period consists of six submission periods (each, a "Submission Period") as follows:
|Submission Period||Timeframe During Which Submission Must Be Submitted|
|1||12:30 pm January 6, 2013 to 10:00 am on January 7, 2013|
|2||12:30 pm January 7, 2013 to 10:00 am on January 8, 2013|
|3||12:30 pm January 8, 2013 to 10:00 am on January 9, 2013|
|4||12:30 pm January 9, 2013 to 10:00 am on January 10, 2013|
|5||12:30 pm January 10, 2013 to 10:00 am on January 11, 2013|
|6||12:30 pm January 11, 2013 to 10:00 am on January 12, 2013|
To be eligible to win a prize for a particular Submission Period, your Submission must be received by Sponsor during the applicable Submission Period.
Each winner will receive a Brooks Sports goodie bag consisting of two pairs of Brooks PureProject shoes (Approximate Retail Value ("ARV"): $200), a gift certificate redeemable for $250 in purchases from Sponsor's Web site at wwwbrooksrunning.com (ARV: $250), and a custom PureProject Brooks shirt (ARV: $26). ARV of each prize pack: $476. Total ARV of all prizes: $2,856. There will be a total of six winners.
5. Odds; Taxes; Etc.
Odds of winning a prize depend on the number and quality of eligible Submissions received. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNER. All prizes will be awarded. If a prize notification is returned as undeliverable or a prize is otherwise not claimed within fifteen (15) business days after delivery of notification, the applicable prize will be forfeited and awarded to the entrant whose Submission received the next highest score that puts the Submission into the top six (6) after the forfeiting winner is disqualified. Prizes are not transferable. No substitutions or exchanges (including for cash) of any prizes will be permitted, except that Sponsor reserves the right to substitute a prize of comparable or greater value for any prize. Limit one prize per person or household. 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).
6. How to Enter.
To enter, take the following steps during one or more Submission Periods:
(i) Take or create a digital photo or image that depicts your excitement for the new PureProject product line (the "Contest Theme") and is no more than 3 megabytes in size;
(ii) Visit Sponsor's Facebook page at www.facebook.com/brooksrunning (if you do not have a Facebook account, you can obtain one for free at www.facebook.com);
(iii) Click on the Brooks PureProject on the Run Contest tab; and
(iv) Follow the instructions to submit your entry, including:
(a) Providing all requested contact information;
(b) Uploading your digital photo or image as instructed and in one of the following file formats JPG, GIF or PNG; and
(c) Writing and submitting a narrative (in 100 words or less) explaining how the photo or image depicts the Contest Theme (contact information, photo or image and narrative are collectively, the "Submission").
All requested information and material must be provided for your entry to be valid. Submissions submitted to Sponsor in connection with the Contest will not be returned to entrants. Failure to submit all required information in the manner required in these Official Rules may result in disqualification. By uploading your Submission, you agree that your Submission conforms to the Content Guidelines and Restrictions listed below (collectively, the "Guidelines and Restrictions") and that Sponsor, in its sole discretion, may remove any Submission and disqualify you from the Contest if it believes, in its sole discretion, that your Submission fails to conform to the Guidelines and Restrictions.
Content Guidelines and Restrictions:
- Your Submission must be your original creation and owned one hundred percent (100%) by you, or alternatively you must have full rights to grant the license and rights that you grant to Sponsor in Section 10 below;
- Your Submission must not contain material that violates or infringes upon any person’s or entity’s rights including, but not limited to, the rights of privacy (including, but not limited to, publicity and/or right not to be held in a false light), publicity or any intellectual property rights (including, but not limited to, trademark or copyright infringement), and cannot describe, in any identifiable way, any copyrights, trademarks/tradenames, logos, or similar brand identifying marks or third party artistic works;
- Your Submission must not disparage any person or entity;
- Your Submission must be tasteful, consistent with Sponsor's brand and image, must not be harmful to Sponsor's brand or image, and must not contain material that is inappropriate, indecent, obscene hateful, tortious, and/or defamatory;
- Your Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
- Your Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where your Submission is created.
For All Submissions: You may submit one Submission during each Submission Period, for a total of six Submissions during the Contest Period. Submissions that do not win the prize for the Submission Period during which they were submitted will be rolled over to the next Submission Period. Rollover will not prevent you from submitting a Submission for a Submission Period. You may not submit the same Submission in more than one Submission Period; all Submissions must be different.
Submissions received from any person (using multiple or different Facebook accounts or other applicable accounts) or email address in excess of the stated limit will be void. Entrant must have signed permission from all individuals (including without limitation parents/legal guardian of children, if featured and if not your own) that appear in the Submission to use their name, likeness, persona, and image in the Submission and to grant the rights set forth herein. If requested by Sponsor, entrant must be able to provide such permissions in a form acceptable to Sponsor. If there is a conflict between such permissions and these Official Rules with regard to this Contest, these Official Rules will prevail. Proof of online entry will not be deemed to be proof of receipt of entry` by Sponsor. By entering the Contest, you consent to being placed on a mailing list for promotional and other purposes.
7. Selection and Notification of Winner.
After the end of each Submission Period, a panel of judges determined by Sponsor in its sole discretion (the "Judging Panel") will score the eligible Submissions, and announce the winner of the applicable Submission Period, on the following dates and at approximately the following times:
|Submission Period||Judging Period||Winner Announced|
|1||10:00 am – 1:15 pm on January 7, 2013||2:00 pm on January 7, 2013|
|2||10:00 am – 1:15 pm on January 8, 2013||2:00 pm on January 8, 2013|
|3||10:00 am – 1:15 pm on January 9, 2013||2:00 pm on January 9, 2013|
|4||10:00 am – 1:15 pm on January 10, 2013||2:00 pm on January 10, 2013|
|5||10:00 am – 1:15 pm on January 11, 2013||2:00 pm on January 11, 2013|
|6||10:00 am – 1:15 pm on January 12, 2013||2:00 pm on January 12, 2013|
The Judging Panel will score all Submissions and choose as the winner the top scoring Submission based on the following criteria ("Judging Criteria"):
(i) overall creativity of Submission;
(ii) consistency of Submission with the Contest Theme;
(iii) the most apt, interesting, and original Submission; and
(iv) the overall quality (e.g., image quality, creativity, writing quality, including clarity) of the Submission.
Winners will be determined by the Judging Panel in its sole discretion, at Sponsor's Headquarters located at 19910 North Creek Pkwy, Ste 200, Bothell, WA 98011. Each winner will be notified by telephone, mail or e-mail within thirty (30) minutes before he or she is announced. In the unlikely event of a tie, the applicable winner will be determined by the entrants' score in the following criteria: consistency of Submission with the Contest Theme. To claim a prize, each winner should follow the instructions contained in his or her notification.
8. Identity of Entrant.
If a dispute arises about the identity of the entrant, entries made online will be declared made by the authorized account holder of the e-mail address submitted at time of entry. An authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. The potential winner may be required to provide Sponsor with proof that the potential winner is the authorized account holder of the e-mail address associated with a winning entry.
9. Non-Infringing Entry Materials.
You hereby represent and warrant that (a) you have the right to grant the rights granted herein (including without limitation in Section 10 below) or, alternatively, you have obtained all necessary rights and permissions to use and submit your Submission in connection with the Contest and to provide all the rights specified in these Official Rules; and (b) your Submission and the use thereof as contemplated herein does not and will not violate, misappropriate, or infringe upon any law or regulation or the rights of any third party, including any copyright, trademark, or any rights of publicity or privacy, or any other intellectual property or proprietary rights.
10. License to Submissions.
By entering the Contest and submitting your Submission, you hereby grant to Sponsor a perpetual, irrevocable, royalty-free, worldwide, nonexclusive license to publish, reproduce, display, perform, distribute, adapt, edit, modify, translate, create derivative works based upon, and otherwise use and sublicense your Submission, or any portion thereof, in connection with the Contest and for other entertainment, instruction/education advertising, marketing and promotional purposes, and to incorporate Submissions, in whole or in part, into other works in any manner, form, media or technology now known or later developed. Sponsor will have no obligation to publish or use or retain any Submission you submit or to return any such Submission or Contest entry materials to you. You agree that it is your sole responsibility to obtain all permissions and releases necessary for the grant of the rights contained in this paragraph. You also agree to take, at Sponsor's expense, any further action (including, without limitation, execution of affidavits, licenses, and other documents (which may include obtaining acceptable releases from individuals appearing or named in your Submission)) reasonably requested by Sponsor to effect, perfect, or confirm Sponsor's rights set forth above in this paragraph and/or in Section 13. You will not be entitled to compensation for any use by Sponsor, or its agents, licensees or assignees, of your Submission.
11. No Facebook Endorsement.
This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook, Inc. You understand that by participating, you are providing your information to Sponsor, not to Facebook, Inc. You understand that by using and interacting with www.facebook.com, you are subject to the terms, conditions, and policies that govern the use of www.facebook.com. You should therefore review the applicable terms and policies for www.facebook.com, including privacy and data gathering practices, before using or interacting with Facebook.
12. General Release.
By entering the Contest, you release Sponsor, Facebook, Inc., and all Released Parties from any liability whatsoever, and waive any and all causes of action, for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Contest or delivery, mis-delivery, acceptance, possession, or use of or inability to use any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
13. Use of Winner’s Name, Likeness, etc.
Except where prohibited by law, entry into the Contest constitutes permission to use winner's name, Facebook name, likeness, persona, hometown, and/or prize information in all media now known or later devised throughout the universe in perpetuity for all purposes Sponsor deems appropriate--including, without limitation, for promotional and publicity purposes -- without further permission or compensation. As a condition of being awarded any prize, except where prohibited by law, winner may (in Sponsor's sole discretion) be required to execute a written consent, confirming Sponsor's right to use such winner’s name, Facebook name, likeness, persona, hometown, and/or prize information without further permission or compensation.
14. Affidavit and Release.
As a condition of being awarded any prize, winner may (in Sponsor's sole discretion) be required to execute and deliver to Sponsor a signed affidavit of eligibility, acceptance of these Official Rules, release of liability, and any other legal, regulatory, or tax-related documents required by Sponsor in its sole discretion.
15. Winner List; Rules Request.
For a copy of the winner list, send a stamped, self-addressed, business-size envelope after January 12, 2013 and before January 11, 2014 to Sponsor at the address listed below, Attn: "Brooks Running PureProject On The Run Photo" Contest Winner List. To obtain a copy of these rules, send a stamped, self-addressed business-size envelope to Sponsor at the address listed below, Attn: " Brooks Running PureProject On The Run Photo" Contest Official Rules Request. Residents of VT may omit return postage.
16. Selection of Prize.
Actual model, color, accessories and features of the goodie bag and its contents will be selected by Sponsor in its sole discretion and may vary from photos used in print, electronic, or online advertising, including the Sponsor web site.
17. Intellectual Property Notice.
Brooks and Brooks Running are trademarks of Brooks Sports, Inc. The Contest and all accompanying materials are copyright 2012 and 2013 by Brooks Sports, Inc. All rights are reserved.
The Contest and these Official Rules will be governed, construed and interpreted under the laws of the state of Washington, U.S.A. Entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects. Sponsor reserves the right to change these Official Rules at any time, in its sole discretion, and to suspend or cancel the Contest or any entrant's participation in the Contest should viruses, bugs, unauthorized human intervention, or other causes beyond Sponsor's control affect the administration, security or proper play of the Contest, or Sponsor otherwise becomes (as determined in its sole discretion) incapable of running the Contest as planned. Notwithstanding the foregoing, Sponsor reserves the right to amend, modify, or cancel the Contest at any time without notice. Entrants who violate these Official Rules; violate any law, rule, or regulation in connection with participation in the Contest; tamper with the operation of the Contest or engage in any conduct that is detrimental or unfair to Sponsor, the Contest, or any other entrant (in each case as determined in Sponsor's sole discretion) are subject to disqualification from entry into the Contest. Sponsor reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Contest. Any provision of these Official Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these Official Rules will remain in effect. If you have any questions about these Official Rules or the Contest, please e-mail them to firstname.lastname@example.org or send written questions to Brooks Sports, PureProject on the Run Photo Contest, ATTN: J. Ballezza, 19910 North Creek Pkwy, Ste 200, Bothell, WA 98011.
Brooks Sports, Inc., 19910 North Creek Pkwy, Ste 200, Bothell, WA 98011.