VOODOO RANGER CASTING CALL CONTEST
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER. PURCHASE WILL NOT INCREASE CHANCES OF WINNING. VOID WHERE PROHIBITED. MESSAGE & data rates may apply.
This CONTEST is in no way sponsored, endorsed or administered by, or associated with Twitter. any questions, comments, or complaints regarding the promotion must be directed to sponsor and not Twitter. All Twitter logos and trademarks displayed are the property of Twitter.
The Voodoo Ranger Casting Call Contest (“Contest”) is sponsored by New Belgium Brewing Company, Inc. (“Sponsor”), 500 Linden Street, Fort Collins, CO 80524 and is administered by Fact & Fiction, LLC, (“Administrator”), 2000 Central Ave., Ste. 100, Boulder CO 80301.
- CONTEST PERIOD: The Contest submission phase begins on the date of the soliciting tweet, approximately 2/23/22 9AM Mountain Time (“MT”) and ends on 2/25/22 5PM MT (“Submission Phase”), which is followed by a judging phase that begins on 2/28/22 9AM MT and ends on 3/1/22 5 PM MT (“Judging Phase”). The Submission Phase and Judging Phase are collectively the “Contest Period”. The Administrator’s computer is the Contest’s official clock.
- ELIGIBILITY: This Contest is open only to legal residents of the fifty (50) United States (including the District of Columbia) who are at least twenty-one (21) years old at the time of entry. Employees of Sponsor, Administrator, and each of their respective parent companies, subsidiaries, affiliates, advertising and promotion agencies (collectively, “Contest Entities”) and each of their immediate family members (e.g., spouse, parent, child, sibling, and their respective spouses and the “steps” of each, regardless of where they reside) and persons living in the same household of each, whether or not related, are not eligible to enter or win. All federal, state, and local laws apply. Void where prohibited or restricted by law.
Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions and interpretations, which are final and binding in all matters related to the Contest.
- HOW TO ENTER: During the Submission Phase an eligible entrant must:
- Sign into his/her/their Twitter account (entrant may create a Twitter account for free if he/she/they does not already have one);
- Become a follower of @voodooranger on Twitter (if not already following @voodooranger). There is no charge to sign up for Twitter or to follow @voodooranger;
iii. Find the tweet from @voodooranger that is soliciting submissions to the Contest (“Soliciting Tweet”); and
- Reply to the Soliciting Tweet with your most “Rangerous” selfie, which must include both of the hashtags “#LiveRangerously” and “#Contest”, and which must include the mention “@voodooranger” (“Submission”). Any Submission not including all of the foregoing elements will be disqualified. See Section 6 below for criteria by which Sponsor and Administrator will determine winners.
If an entrant uses any protected third party intellectual property, such as copyrights, trademarks, or logos, other than Sponsor’s IP (see Section 5 below), in his/her/their Submissions, he/she/they will automatically be disqualified. In the event a Submission utilizes Sponsor IP, Sponsor and Administrator have the right to disqualify a Submission for use of Sponsor IP that does not meet Sponsor’s brand guidelines, as determined solely and exclusively by Sponsor.
By entering the Contest and using the hashtags “#LiveRangerously” and “#Contest”, and by providing the mention “@voodooranger”, entrant hereby agrees to be bound by these Official Rules.
Limit : There is a limit of one (1) Submission per person during the Submission Phase. If more than the stated number of Submissions are received from the same person, account, telephone number and/or e-mail address, the Submissions may, at the Sponsor’s sole discretion, be disqualified. Entrants are prohibited from using more than one (1) e-mail address, account, or multiple identities. If it is found or suspected that an entrant is using more than one e-mail address, account, or multiple identities to participate in the Contest, then that entrant, in Sponsor’s and Administrator’s discretion, may be disqualified and not be eligible to win the prize. Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information, accounts or otherwise may result in the entrant being disqualified. Submissions generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. Submissions that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Contest at Sponsor’s sole and absolute discretion. Submissions submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void.
Entries will be deemed made by the authorized account holder of the Twitter account the Submission is submitted from at the time of entry. The “authorized account holder” is the person who is assigned to the Twitter account by the online service provider. An entrant must have a non-private Twitter account to enter the Contest. Winners will be notified via Twitter direct message, and must be following @voodooranger, and monitoring and responsive to their direct messages through [(C)] for potential winner notification purposes to be eligible to win/claim the prize.
Use of Twitter and participation on the Contest will be subject to Twitter’s privacy policy at https://twitter.com/en/privacy, terms of service at https://twitter.com/en/tos, and rules at https://help.twitter.com/en/rules-and-policies/twitter-rules (collectively, “Twitter Rules”). Entrants must comply with Twitter Rules in all respects in order to qualify. If an entrant enters from his/her/their wireless phone, the entrant’s wireless service provider may charge the entrant. Entrants should consult their wireless-service providers regarding their pricing plans. Message and data rates may apply. This Contest is in no way sponsored, endorsed or administered by, or associated with Twitter.
By submitting a Submission, each entrant agrees that his/her/their Submission complies with these Official Rules, including the Submission Guidelines and Requirements set forth below in Section 4. Each entrant also agrees that Sponsor or Administrator may disqualify the entrant from the Contest if Sponsor or Administrator believes, in their sole and absolute discretion, that a Submission fails to comply with these Official Rules. If Sponsor or Administrator rejects any Submission, such Submission will be disqualified and will not be considered a valid Submission.
By entering, each entrant warrants and represents the following with respect to his/her/their Submission: (a) the Submission will not infringe on any rights of any third parties (b) that entrant has not and will not take any action that interferes with the rights granted to Sponsor under these Official Rules; and (c) that entrant will not use the Submission for any other reason without the express written consent of the Sponsor.
IMPORTANT: MESSAGE AND DATA RATES MAY APPLY IF AN ENTRANT ENTERS THIS CONTEST ON HIS/HER/THEIR MOBILE DEVICE. NOT ALL MOBILE TELEPHONE/WIRELESS PROVIDERS CARRY THE SERVICE NECESSARY TO PARTICIPATE IN THIS CONTEST. ENTRANTS SHOULD CONSULT THEIR WIRELESS PROVIDER'S PRICING PLANS. MOBILE ENTRY IS NOT REQUIRED TO ENTER OR WIN THE PRIZE IN THIS CONTEST.
- SUBMISSION GUIDELINES AND REQUIREMENTS: Each Submission:
- Must be in English;
- Submission must comply with Twitter Rules;
- Must contain the hashtags “#LiveRangerously” and “#Contest”, and provide the mention “@voodooranger”;
- Must be entirely the original work of the entrant (not copied, adapted, or reproduced from any other source and not a collaboration with any other person) and must not contain material that violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights, including copyright and or trademark infringement, or legal or moral rights of any third party, living or deceased (e.g., names, logos, symbols, slogans, submissions that belong to others, Submission of other people, quotes from other people, or parodies of other people);
- Must not have been submitted previously in a promotion of any kind;
- Must have approval from any persons appearing in the Submission and the entrant must be able to provide express written consent of every such person appearing in the Submission to Sponsor and/or Administrator if requested (any person appearing in a Submission must be twenty-one (21) years of age);
- Must not disparage Sponsor, Administrator, or any other person or party affiliated with the promotion and administration of this Contest;
- Must not include personally identifiable information;
- Sponsor prohibits use of any logos, brand names or trademarks other than Sponsor’s, which Sponsor has granted entrant a limited license to use for purposes of this Contest as set forth in Section 5 of these Official Rules. Use of logos, brand names or trademarks are not permitted. Sponsor reserves the right to disqualify any Submission, if Sponsor believes, in its sole and absolute discretion, that there is any inappropriate use of a logo, brand name, or trademark;
- Must comply with all other Submission Guidelines and Requirements and provisions of these Official Rules;
- Must not contain, facilitate, reference, or use material that is dangerous, fraudulent, inappropriate, indecent, lewd, pornographic, obscene, hateful, tortious, defamatory, slanderous, or libelous;
- Must not contain, facilitate, reference, or use material that contains prohibited content which shall include, but is not limited to content that promotes, suggests, or encourages:
- any cruelty to, or mistreatment in any way of animals;
- gambling, including without limitation, any content related to online casinos, sports books, bingo, or poker;
- the use of firearms/weapons/ammunition, any illegal drugs, prostitution, pornography, nudity, profanity or other adult content, violence, or the use of alcohol or tobacco products;
- the taking up of arms against any person, government, or entity, or otherwise challenge or seek to overthrow any government;
- Must not contain any viruses, spyware, malware, or other malicious components that are designed to harm the functionality of a computer in any way;
- Must not contain, facilitate, reference, or use material that promotes bigotry, racism, hatred, or harm against any group or individual, or promotes discrimination based on race, gender, ethnicity, religion, nationality, disability, sexual orientation, political orientation, citizenship, ancestry, marital status, or age; and
- Must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Submission is created or otherwise promotes any unlawful, illegal, unsafe, dangerous, or reckless behavior.
NOTE : If any Submission fails to comply with any of these Submission Guidelines and Requirements or any other provisions of these Official Rules, Sponsor and Administrator reserves the right, in its sole discretion, to disqualify the entrant and the Submission will not be eligible to win.
- SPONSOR’S IP AND GENERAL SUBMISSION TERMS: Sponsor grants entrants a limited, revocable, non-sublicensable license to use Sponsor’s name, product, trademarks, and logos (collectively, “Sponsor’s IP”) for the length of the Contest Period for the sole purpose of participating in this Contest. Entrants are not permitted to make any further use of Sponsor’s IP for any purpose whatsoever. Entrant agrees that he or she has not and will not take any action that might harm or adversely affect such rights, and no right, title, or interest in and to the Sponsor’s IP except for the limited license granted to entrant in these Official Rules is transferred or created.
By participating in this Contest, each entrant grants permission to the Sponsor and Sponsor’s designee the perpetual right to use and publish their name, social media handle, biographical information, photographs, video, voice or other impressions of their likeness and content submitted in connection with the Contest (collectively “Entry”). Entrant gives permission for Submission or other likeness to be used by Sponsor reservation or limitations for commercial, trade, advertising, publications, promotions and/or any other purpose in print and electronic media (including the World Wide Web) and to copyright the same. Entrant waives any right to inspect or approve the finished Entry or printed or electronic materials that may be used in conjunction with them now or in the future, whether that use is known to me or unknown including, but not limited to, enhancements, modifications, or any alteration of the Submission and further waives any right to royalties or other compensation arising from or related to the use of the Entry. Entrant expressly releases Sponsor, officers, licensees and assigns from any and all claims which they may have, including but not limited to, for invasion of privacy, right of publicity, defamation, copyright infringement or any other causes of action arising out of the use, adaptation, reproduction, distribution, broadcast or exhibition of such Entry.. Entrant represents and warrants to Sponsor that the rights granted hereunder, do not, and will not violate any right (including, without limitation, copyright, trademark, trade secret, right to privacy, or right of publicity) of, or conflict with, or violate any contract to agreement with or commitment made to, any person or entity, and that no consent or authorization form, or any payment to, any third party is required. Entrant acknowledges that Sponsor is not a signatory to any guild, union, or other collective bargaining agreement. Notwithstanding anything to the contrary, however, there is no obligation of Sponsor or any other person or entity to post or make any use of any Entry.
Additionally, each entrant consents to the use of the name, statements, photographs, videos, voice recordings, and likenesses of himself/herself and any other person appearing in the Contest Materials for publicity purposes, as well as any other purpose associated with the Contest.
Once a Submission is entered into the Contest, any such posting will be deemed made at the direction of the entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act. EACH ENTRANT REPRESENTS, UNDERSTANDS, AND ACKNOWLEDGES THAT HE/SHE/THEY WILL NOT BE PAID FOR OR RECEIVE ANY FORM OF COMPENSATION OR ROYALTY (OTHER THAN THE PRIZE STATED HEREIN IF SELECTED AS THE WINNER) IN EXCHANGE FOR GRANTING SPONSOR THE NON-EXCLUSIVE LICENSE RIGHTS OR FOR ANY SUBSEQUENT USE OF SUCH SUBMISSION BY SPONSOR. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission.
- JUDGING PHASE: During the Judging Phase, all eligible Submissions will be judged by Administrator and Sponsor, choosing three (3) winners from among the eligible Submissions based on an equal application of the following criteria:
- Creativity
- Originality
- Relevance
- Rangerousness (celebrating Voodoo Ranger in an “on-brand” way)
Administrator’s and Sponsor’s decisions shall be final and binding in all matters pertaining to the judging and selection of the winners. Sponsor reserves the right to not award the prize if, in its sole discretion, it does not receive a sufficient number of qualified Submissions or if none of the Submissions meet the foregoing criteria in Sponsor’s sole and absolute discretion.
- PRIZE AND APPROXIMATE RETAIL VALUE (“ARV”):
- Sponsor will award three (3) Submissions as winners. The winning Submissions will be featured, in an illustrated style, in a connected commercial by Sponsor for the Voodoo Ranger brand. Sponsor reserves the right to utilize the winning Submissions at its sole discretion with the commercial. The ARV of the winning Submission is $0 [NEW BELGIUM PLEASE CONFIRM].
- General Prize Restrictions and Limitations: In no event will more than three (3) winners be awarded. No substitution or exchange will be allowed.
- HOW TO CLAIM THE PRIZE : The potential winner is subject to verification of eligibility and compliance with these Official Rules. On or about [(C)] the potential winner will be notified via Direct Message on Twitter from @voodooranger (“Notification”). The potential winner does not need to respond to the Notification in order to win. By providing a Submission, the entrant agrees to these Official Rules, including Sponsor’s rights to use their Submission containing their likeness, at its sole discretion at any time and multiple times, and without notice. If a potential winner becomes disqualified at Sponsor’s and Administrator’s discretion, they will be notified of their disqualification, their Submission will not be used, and a new potential winner will be given a Notification.
Sponsor or Administrator will attempt to notify the potential winner as set forth above, but Contest Entities are not responsible for any undelivered Twitter or other messages that are not received because of the winner’s privacy or spam filter settings or any other circumstance beyond Contest Entities’ reasonable control, which may divert any Contest Direct Message, e-mail, including any winner Notification, to a spam or junk folder. The potential winner may be required to furnish proof of identification. Prize will only be awarded by Sponsor upon potential winner’s verification of eligibility and final approval by Sponsor. Contest Entities shall not be held responsible for any delays in awarding winners for any reason. Prize is not transferable. All other costs and expenses not expressly set forth herein shall be solely the winner’s responsibility .
- LIMITATION OF LIABILITY: By participating in this Contest, entrants agree that the Contest Entities, Twitter, and their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, Web masters and their respective officers, directors, employees, representatives, designees and agents (“Released Parties”) are not responsible for lost, late, incomplete, stolen, misdirected, postage due, or undeliverable email notifications or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; or garbled, corrupt or jumbled transmissions, service provider/Internet/website/use net accessibility, availability or traffic congestion; or any technical, mechanical, printing, or typographical or other error; or unauthorized human intervention; or the incorrect or inaccurate capture of registration information; or the failure to capture, or loss of, any such information; or any Submission disqualified, or any Submission rejected for any reason. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any website’s users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Contest. The Released Parties are not responsible for any injury or damage, whether personal or property, to participants or to any person's computer related to or resulting from participation or inability to participate in the Contest and/or accepting the prize, including any related travel. The Released Parties shall not be responsible or liable for Entries that are entered by any automated computer, program, mechanism, or device, for any Entries in excess of the stated limit or for Entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled, or otherwise not in compliance with the Official Rules, and all such Entries may, in Sponsor’s sole discretion, be disqualified.
If, for any reason, a Submission is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as a Submission in the Contest, the entrant’s sole remedy is to enter the Contest again to receive another Submission. If, for any reason, the Contest is not capable of running as planned, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend the Contest and/or proceed with the Contest, including the selection of a winner in a manner it deems fair and reasonable including the selection of the winner from among eligible Entries received prior to such cancellation, termination, modification, or suspension.
By entering the Contest, each entrant agrees: (i) to be bound by these Official Rules and by all applicable laws and by the decisions of Sponsor and Administrator, which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her/their rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Contest; and (iv) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the Contest, including but not limited to any Contest-related activity or element thereof, and the entrant’s Entries, participation or inability to participate in the Contest, (b) the violation of any third-party privacy, personal, publicity or proprietary rights, (c) typographical or printing errors in these Official Rules or any Contest materials, (d) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the prize, (e) any change in a prize due to unavailability or due to reasons beyond Sponsor’s control, including but not limited to by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot or any other cause beyond any of the Released Parties’ control, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation or modification of the Contest, (g) human error, (h) incorrect or inaccurate transcription, receipt or transmission of any part of any Submission (including, without limitation, the registration information or any parts thereof), (i) any technical malfunctions or unavailability of any website or any telephone network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Released Parties or by an entrant, (j) interruption or inability to access the Contest, any other Contest-related websites or any online service via the Internet due to hardware or software compatibility problems, (k) any damage to entrant’s (or any third person’s) equipment used to access the Contest and/or its contents related to or resulting from any part of the Contest, (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (m) any late, lost, stolen, mutilated, misdirected, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged Entries, (n) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties, (o) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof), or (p) the negligence or willful misconduct by entrant.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS CONTEST, INCLUDING THE PRIZE, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSIONS OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. Check local laws for any restrictions or limitations regarding these limitations or exclusions.
- DISPUTES: THIS CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF COLORADO, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN THE COUNTY OF DENVER, COLORADO. 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 JAMS IN ACCORDANCE WITH ITS 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 COLORADO. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN DENVER COUNTY, COLORADO. 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 ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION ACCRUED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
Further, entrants hereby waive all rights, to: (i) claim punitive, exemplary, special, incidental, indirect and consequential damages, and any other damages (whether due to negligence or otherwise), other than for actual out-of-pocket costs; and (ii) have damages multiplied or otherwise increased. Entrants agree that the rights and obligations of any entrant and/or Contest Entities and/or any other party shall be resolved individually, without resort to any form of class action.
- PRIVACY POLICY: Sponsor does not control how Twitter handles entrant’s information. Any content uploaded or shared through Twitter is subject to Twitter’s privacy policy. Sponsor will collect information from the winners; this information will be handled according to the Sponsor’s privacy policy, which is available at https://www.newbelgium.com/privacy/.
- PUBLICITY RIGHTS: By participating in this Contest, each entrant agrees to allow the Sponsor and Sponsor’s designee the perpetual right to use his/her/their name, address (city and state), biographical information, likeness, picture and other information and content provided in connection with the Contest for promotion, trade, commercial, advertising and publicity purposes in all media worldwide including, but not limited to, on television and the Internet, without notice, review or approval and without additional compensation, except where prohibited by law.
- NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Contest Entities is not a confidential, fiduciary or other special relationship, and that the entrant's decision to provide the entrant's Submission to Sponsor for purposes of the Contest does not place the Contest Entities in a position that is any different from the position held by members of the general public with regard to elements of the entrant's Submission. Each entrant understands and acknowledges that the Contest Entities have wide access to ideas, stories, designs and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas, photos, or videos may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format, or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of any Contest Entity's use of any such similar or identical material. Each entrant acknowledges and agrees that the Contest Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of a Contest Entity's actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief and entrant's rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
- NO OBLIGATION TO USE: Sponsor shall have no obligation (express or implied) to use any Submission, or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of any Submission 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. In addition, Sponsor shall have no obligation (express or implied) to use any content created as a result of or related to this Contest.
- DATES & DEADLINES/ANTICIPATED NUMBER OF ENTRANTS: Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Sponsor cannot accurately predict the number of entrants who will participate in the Contest.
- FURTHER DOCUMENTATION: If Sponsor shall desire to secure additional assignments for the Submission 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 therefor.
- GENERAL: Any attempted form of participation in this Contest other than as described herein is void. If it is discovered or suspected in Sponsor’s sole and absolute discretion that an entrant has registered, entered, or attempted to register for or enter the Contest using multiple e-mail addresses, identities, proxy servers or like methods, all of that entrant’s entries will be declared null and void, and that Entrant will be ineligible to participate or win the prize. In the event of a dispute as to the identity of the winner, the winning Submission will be declared made by the authorized account holder of the e-mail address associated with the e-mail address and Twitter account used to submit the Submission. The “authorized account holder" is defined as the natural person who is assigned an e-mail address or Twitter account by an Internet access provider, online service provider or other organization responsible for assigning e-mail addresses or Twitter account for the domain associated with the submitted e-mail address or Twitter account. Each entrant may be required to show proof of being an authorized account holder. Sponsor and Administrator reserve the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Contest, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of a Contest. Any use of robotic, automatic, macro, programmed, third-party or like methods to participate in the Contest will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. 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. If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. Sponsor’s and/or Administrator’s interpretation of these Official Rules is final and binding in all matters related to the Contest. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All Entries and/or materials submitted will not be returned. In the event of any conflict with any Contest details contained in these Official Rules and Contest details contained in any promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging, and other promotional media), the details of the Contest as set forth in these Official Rules shall prevail.