5. Submission Requirements
The Submission must comply with the following requirements: (i) the Submission may not feature any person other than entrant; (ii) other than the Sponsor, its products, brands and/or logos, the Submission may not show, contain, mention, depict, refer or otherwise allude to the name, logo or product of any other retailer, manufacturer, brand, product, store, place of business, person, company or character in such a way or manner as to imply an affiliation with, or endorsement of, the Sponsor, its products, brands and/or this Contest; (iii) the Submission must be entrant’s own original work (or the entrant must have the rights from the photographer or videographer to make the submission), created solely by entrant and not created professionally; must not have won any award; and must not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity; (iv) the Submission may not contain, mention, refer or otherwise allude to any material that is violent, lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libellous, racially or morally offensive or otherwise contain inappropriate content or objectionable material; (v) the Submission cannot promote alcohol, illegal drugs or tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any political agenda or message; (vi) the Submission cannot in any manner defame, misrepresent, contain disparaging remarks or reflect negatively about Sponsor, its products, or other people, products or companies or their products, or in any way reflect negatively upon such parties or explicitly or implicitly communicate messages or images inconsistent with the positive images and/or goodwill with which Sponsor wishes to be associated, as determined by Sponsor in its sole discretion; (vii) the Submission cannot contain any personal identification, such as personal names, email addresses or street addresses, without express permission of Sponsor; (viii) the Submission cannot itself be in violation of any law; and (ix) the Submission must otherwise be in compliance with these Official Rules. Sponsor reserves the right, in its sole discretion, to disqualify any Submission that Sponsor believes, in its sole discretion, does not comply with or is in violation of these Official Rules or that otherwise contains prohibited or inappropriate content.
6. Grant of Rights
By submitting the Submission, the entrant represents and warrants that he/she has all right, title and interest necessary to grant the Sponsor the worldwide, irrevocable and unrestricted right and license to adapt, publish, use, edit, and/or modify such Submission in any way and post the Submission on the internet or use the Submission in any other way and agrees to indemnify and hold Sponsor harmless from any claims to the contrary.
7. Representations and Warranties/Indemnification
Each person who makes a Contest Submission represents and warrants as follows: (i) entrant has obtained any and all necessary permissions required to submit the Submission and for Sponsor’s right to use the Submission for any purpose, including the consent of any identifiable third person(s) appearing in the Submission, and entrant can and will make written copies of such permissions available to Sponsor upon request; (ii) the Submission is owned by entrant; (iii) the Submission is wholly original with entrant and, as of the date of submission, the Submission is not the subject of any actual or threatened litigation or claim; (iv) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity, including, but not limited to, rights of privacy and publicity; and (v) the Submission does not and will not violate any applicable laws, and is not and will not be considered defamatory or libellous. Each entrant hereby agrees to indemnify and hold the Sponsor, Administrator and their subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.
8. Winner Determination
Contest Grand Prize Winner
After the end of the Giveaway Period, a panel of qualified judges determined by Sponsor in its sole discretion will review each Submission, based on an application of the following criteria:
Creativity and Originality (50%)
Quality (50%) – Lighting, resolution, sound clarity
In the event of any tie at any phase of the judging, the entrant who receives the higher score in the “Creativity and Originality” category, as determined by the judge in their sole discretion, will be selected from among the tied entrants as the potential prize winner. Odds of winning depend on the number of eligible entries received and the quality of the Submissions.
Sweepstakes Prize Winners
On or about November 18, 2019, the Administrator will select entries for each Sweepstakes prize described below in a random drawing of all valid entries received. The selected entrants will be contacted using the email address provided with their registration (as determined in Sponsor’s discretion) and may be awarded the Prize (subject to verification of eligibility and compliance with the terms of these Official Rules). Potential winners will be notified approximately one (1) day after the applicable drawing. Failure by an entrant to respond to the initial verification contact within five (5) days of notification or return of e-mail notification as undeliverable after three (3) attempts may, in Sponsor’s sole discretion, result in disqualification and Administrator or Sponsor may select an alternate winner in the same manner. If any winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such winner will be disqualified, and an alternate winner will be selected. Odds of winning a Sweepstakes prize depend on the number of eligible entries received. Limit of one (1) Sweepstakes prize per person.
9. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR OR ADMINISTRATOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE GIVEAWAY. No more than the stated number of prizes will be awarded.
10. Verification of Potential Winners
Potential winners must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. Potential winners may be required to sign and return to Sponsor an affidavit of eligibility, and liability/publicity release (except where prohibited) in order to claim his/her prize if applicable. If a potential winner of any prize cannot be contacted, fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period (if applicable), or if the prize or prize notification is returned as undeliverable, potential winner forfeits prize. If the potential winner of the prize cannot be contacted or a prize is returned as undeliverable, the prize will be forfeited.
