#EveryVillainNeeds Contest OFFICIAL RULES

Transcription

1 #EveryVillainNeeds Contest OFFICIAL RULES NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED BY LAW OR REGULATION. ENTRANT MUST BE 25 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. You are providing your information to Jaguar Land Rover North America, LLC ( Sponsor ) and not to Instagram or Twitter and the information you provide will only be used in accordance with Sponsor's privacy policy found at: 1. CONTEST TIMING/OVERVIEW: The #EveryVillainNeeds Contest ( Contest ) begins on Monday, January 12, 2015 at 12:01:00 a.m. Eastern Time ("ET") and ends on Sunday, February 8, 2015 at 11:59:59 p.m. ET ( Entry Period ). At the conclusion of the Entry Period, all eligible entries will be judged based on the judging criteria described below to determine four (4) Grand Prize winners. The winners will be announced on or about Wednesday, February 25, Entry in the Contest does not constitute entry into any other promotion, contest or sweepstakes offered by Sponsor. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Jaguar Land Rover North America, LLC, 555 MacArthur Blvd., Mahwah, NJ (the Sponsor ) and/or COHEN-FRIEDBERG ASSOCIATES, LLC, Framingham, MA ( Administrator ), whose decisions shall be final and legally binding in all respects and not subject to further review in any forum. The Administrator s database clock will be the timekeeper for this Contest. 2. ELIGIBILITY: This Contest is open to legal residents of the fifty (50) United States and the District of Columbia who are twenty five (25) years of age or older at the time of entry ("Entrant"). Employees of Sponsor, Administrator, and each of their respective parent companies, subsidiaries, affiliates, dealers, advertising and promotion agencies, and any and all other companies associated with the Contest (collectively, Promotion Entities ), and each of their immediate family members (spouse and parents, children and siblings and their respective spouses, regardless of where they reside) and/or people living in their same households, whether or not related, are not eligible to participate. Contest is subject to all applicable federal, state and local laws and regulations. This Contest is void where prohibited by law. 3. HOW TO ENTER: You may enter this Contest via Instagram and/or Twitter. If you do not have an Instagram or Twitter account, establishing one is free. In order to be eligible, the account from which you submit your entry must be set to public and you must on Instagram or Twitter (as applicable). You can set your account to private and any time after the winners have been announced.

2 Each week of the Entry Period, one open-ended question will be posted on the Jaguar USA Twitter and Instagram channels, and include challenges with a focus on innovation and technology that require each participant to respond to various scenarios in the world of the Boffin. No matter which form of entry you select, you must submit an original written response (100 words maximum), video (:30 seconds in length) or photo with a caption in English showcasing your challenge answer and including the hashtags #EveryVillainNeeds and #Contest. The entry will be reviewed for compliance and, if determined eligible, you will be sent an auto response within 24 hours either as a comment to your Instagram post or as on Twitter (as applicable). Once you receive the auto response, click on the unique URL, authorize Instagram or Twitter (as applicable) to access your account, then follow the directions to complete the entry form. Your entry will not be eligible until you complete and submit the entry form. Once you complete the entry process, your entry will appear on the Contest Gallery at EveryVillainNeeds.com and will be submitted into the judging process. All entries are subject to verification and approval by Sponsor. Entries that do not meet the requirements specified below or that otherwise do not comply with the Official Rules may be disqualified. Any attempted form of entry other than as described herein is void. Sponsor will determine, in its sole discretion, what constitutes a valid entry. Partial or incomplete/piecemeal submissions on Instagram and/or Twitter without the hashtags #EveryVillainNeeds and #Contest WILL NOT BE ACCEPTED AS ENTRIES and shall not be eligible. Limit: One (1) entry per person per Twitter and per Instagram per day, for a total of two (2) entries per day. Any entry submitted by any person must be substantially different than any other entry submitted by that person, regardless of social media platform. Duplicate entries submitted by the same or different persons will void all but the first of such entries submitted. If you opt to access the Contest via your wireless mobile device (only available via participating wireless carriers), data rates may apply for each message sent or received from your handset according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges as well as charges for wireless Internet access) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Contest. Mobile device service may not be available in all areas. Check your phone's capabilities for specific instructions. Sponsor is not responsible for any charges. 2

3 Entries may contain the Entrant and the gadget (no third party may be included) and may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If an entry includes any minor, the Entrant must be the parent or legal guardian of the minor(s) in the entry. 4. PROHIBITED CONTENT: Entry must not contain, as determined by the Sponsor, in its sole discretion, any content that: a) is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; nudity; b) promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message; c) is obscene or offensive; endorses any form of hate or hate group; appears to duplicate any other video submission; d) defames, misrepresents or contains disparaging remarks about other people or companies; e) contains any personal identification, such as personal names or addresses; f) communicates messages or images inconsistent with the positive images and/or good will to which we wish to associate; and/or g) infringes the rights of any third party; or h) violates any law. Entrant s Representations and Warranties: By entering, Entrant represents and warrants that the entry is Entrant s original work product and does not infringe the rights of any third party and the submission has not been previously published in any medium. If an entry contains any material or elements that are not owned by the Entrant, and/or which are subject to the rights of third parties, the Entrant is responsible for obtaining, prior to submission of the entry, any and all releases, permissions and consents necessary to permit the use and exhibition of the entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, permissions from any person who is mentioned in, appears in or is identifiable in the entry and permissions from any person who took the photograph of the Entrant. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any Entrant at any time. Failure to provide such proof may, if requested, render entry null and void. By submitting an entry, Entrant warrants and represents that he/she and any persons who are mentioned in, appear or are identifiable in the entry consent to the submission and use of the entry in the Contest and to its use as otherwise set forth herein. By submitting an entry, Entrant represents and warrants that the entry conforms to these Official Rules and understands that Sponsor, in its sole discretion, may disqualify the entry for any reason, including if it determines, in its sole discretion, that the entry fails to conform 3

4 to these Official Rules in any way or otherwise contains unacceptable content as determined by Sponsor, in its sole discretion. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor s satisfaction, the affected entry will be deemed ineligible. 5. JUDGING: At the conclusion of the Entry Period, all eligible entries will be judged by the a panel of qualified judges based on the following equally weighted criteria to determine the Grand Prize winners: Originality Creativity Relevance to the weekly challenge In the event of a tie, a third party judge selected by Sponsor will judge the tied entries using the judging criteria to determine the winner(s). Sponsor reserves the right to not award all prizes if, in its sole discretion, it does not receive a sufficient number of eligible and qualified entries. All decisions of the Sponsor and judges are final and binding. Sponsor will not reveal the judging scores for any entry. 6. PRIZES: Only the prizes listed below will be available to be awarded in this Contest. Four (4) Grand Prizes: Trip for two (2) to Austin, Texas, Thursday, March 12, Sunday, March 15, 2015, for each winner and one (1) guest to attend the Opening Party at The Boffin s Lab Powered by Jaguar and WIRED Insider event scheduled to take place on Friday, March 13, 2015 ( Prize ). Exact dates may change and are dependent on event date. Prize includes the following: Roundtrip (coach class) air transportation for two (2) from a major airport near winner s home (determined by Sponsor in its sole discretion) to Austin, TX; Three (3) Nights (one (1) standard room, double occupancy) hotel accommodations; Round-trip ground transportation with chauffeur between airport and hotel and hotel and event; Access for two (2) to the Opening Night Party at The Boffin s Lab Powered by Jaguar and WIRED Insider ; and $1,000 gift card for winner only. Terms and conditions of the gift card apply. Approximate retail value of this prize package $7,400. Actual value may vary based on point of departure. 4

5 Trip must be taken March 12, 2015-March 15, 2015 or prize will be forfeited and Sponsor will have no further obligation to winner. LIMIT: One (1) Prize per person for the entire Contest. All travel arrangements must be made through Sponsor s agent and on a carrier of Sponsor s choice. Winner and travel companion must travel together on the same itinerary and have valid travel documents (e.g., government issued I.D., passport, etc.) along with any other travel requirements in order to travel to Texas prior to departure, and failure to do so may result in forfeiture of Prize. If in the judgment of Sponsor air travel is not required due to winner s proximity to prize location, ground transportation will be substituted for round trip air travel at Sponsor s sole discretion and no compensation will be provided for difference in value, if any. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Winner and his/her travel companion are solely responsible for satisfying all legally required conditions of travel. Winner must have a major credit card to check in to the hotel. Sponsor is not liable for any expenses incurred as a consequence of flight cancellation or delay or any weather or airline issues that prevent the prize winner and travel companion, if applicable, from traveling, in which event any missed portion of the Prize is forfeited in its entirety and no substitution will be provided. Winners and travel companions must comply with all event rules and regulations. Failure to do so may result in forfeiture of event portion of prize. If, for whatever reason, the event is cancelled or postponed, no compensation or substitution will be provided; however, remainder of prize package will be awarded and Sponsor will have no further obligation to winners. All expenses and incidental travel costs associated with prize acceptance and use not expressly stated in the package description above as being provided, including but not limited to, ground transportation, meals, incidentals, gratuities, passenger tariffs or duties, airline fees, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, travel of other type of insurance, taxes or other expenses are the responsibility solely of winner. Travel companion must be twenty-five (25) years of age or older as of the date of departure and will be required to execute and return a liability/publicity release. PRIZE NOTE: Prize awards are subject to verification of eligibility and compliance with these Official Rules. Taxes on any Prize are solely the responsibility of the winner, as well as any other travel, costs and expenses not specified herein as being awarded. Prizes are non-assignable and non-transferable. All details and other restrictions of the Prize not specified in the Contest Official Rules will be determined by Sponsor in its sole discretion. Not redeemable for cash, except Sponsor reserves the right in its sole discretion to substitute prize(s) of comparable value, in whole or in part, for any reason. The Prize restrictions/conditions stated 5

6 herein are not all-inclusive and the Prizes described above may be subject to additional restrictions/conditions. BY ACCEPTING PRIZE, WINNERS ACCEPT THE INHERENTLY DANGEROUS NATURE AND RISK IN LAND, AUTOMOBILE AND AIR TRAVEL, INCLUDING PERSONAL INJURY AND/OR DEATH, ACKNOWLEDGE THAT HIS/HER PARTICIPATION IN THE PRIZE EVENT IS VOLUNTARY, ACKNOWLEDGE THAT THERE ARE NATURAL FACTORS AND OCCURRENCES WHICH MAY IMPACT ON OR AFFECT THE SAFETY OF THE ACTIVITIES HE/SHE IS PARTICIPATING IN AND HE/SHE ASSUME THE RISK OF SUCH FACTORS AND OCCURRENCES AND AGREE THAT TO THE EXTENT PERMISSIBLE BY LAW, RELEASED PARTIES SHALL NOT BE IN ANY WAY RESPONSIBLE FOR ANY RESULTING INJURY AND/OR DEATH. Sponsor or Sponsor's representative reserves the right to remove or to deny portions of the prize package to winner who engages in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person with no further compensation. Only the type and quantity of Prizes described in these Official Rules will be available to be awarded. 7. WINNER NOTIFICATION: Potential Grand Prize winners will be notified via phone, mail, or using the information provided at time of entry and must respond to the initial notification within (48) hours. Conduct of the Contest is under the supervision of the Sponsor and the Administrator. Potential Grand Prize winners will be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release, within (5) days of attempted notification or Prize may be forfeited. If a Prize notification is returned as undeliverable or a potential Grand Prize winner is not in compliance with these Official Rules or a potential Grand Prize winner does not respond to the initial notification within (4) days, such potential Grand Prize winner will be disqualified and will forfeit the Prize and, at Sponsor s discretion and time permitting, Prize will be awarded to a runner-up. 8. PUBLICITY RELEASE/RIGHTS TO ENTRIES: Acceptance of any Prize constitutes winner s permission for the Promotion Entities and their respective designees to use winner s entry, name, social media user name, photograph (including, social media profile photo), likeness, voice, biographical information, statements and complete address (collectively, the "Attributes"), for advertising and/or publicity purposes, in any manner, worldwide and in all forms of media now known or hereafter devised, in perpetuity, without further compensation or authorization or notification (except where prohibited by law), and winner releases the Released Parties from all claims arising out of the use of such Attributes. 6

7 By submitting an entry, Entrant hereby grants to Sponsor and its licensees, successors and assigns an irrevocable, perpetual, unlimited, royalty-free, fully paid-up license to reproduce, distribute, display, exhibit, exploit, perform, edit, create derivatives of and otherwise use the entry and all elements of such entry, together with any other material, as well as the name, user name, city and state of residence, voice, image and/or likeness of entrant (including, as applicable, any social media profile photo), in any and all media now known or hereafter devised (including, but not limited to, in the Contest Gallery), in any manner, in whole or in part, worldwide, without compensation or notification to, or permission from, entrant or any third party, for any purpose whatsoever, including without limitation, for purposes of advertising or trade. Entrant agrees and understands that Released Parties (as defined below) are not responsible for any unauthorized use of entries by third parties. Sponsor has no obligation to make use of the rights granted herein and may take down any entry from the Contest Gallery at any time and for any reason. 9. DISQUALIFICATION: Sponsor reserves the right, in its sole discretion, to disqualify any individual who is found to have tampered with the entry process or the operation of the Contest, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to disparage, annoy, abuse, threaten or harass any other person, and void all associated entries. Sponsor reserves the right to seek damages (including, without limitation, attorneys fees) and other remedies from any such person to the fullest extent permitted by law. 10. LIMITATION OF LIABILITY: By participating, Entrants to agree to release and hold harmless Promotion Entities, Instagram, Twitter, and their respective parents, subsidiaries, affiliated entities and all of their respective shareholders, officers, officers, directors, employees, agents, attorneys, successors and assigns (collectively, Released Parties ) from any claims arising from or in any way relating to Entrant's participation and/or entry in the Contest and/or his/her receipt or use of the Prize awarded in this Contest (including any travel or activity related thereto). Released Parties are not responsible for: (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the entry process or the Contest; (iv) electronic or human error which may occur in the administration of the Contest or the processing of entries; (v) any injury or damage to persons or property, including but not limited to entrant's computer, hardware or software, which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Contest; (vi) use of any Prize (including any travel or activity related thereto); (vii) late, lost, stolen, illegible, damaged, incomplete, inaccurate, undelivered, delayed or misdirected entries for any reason; or (viii) or other errors or problems of 7

8 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 announcement of the Prizes or in any Contest-related materials. Released Parties are not responsible for problems downloading or uploading any Contest-related information to or from the website or for any other technical malfunctions of electronic equipment, computer online systems, servers, or providers, computer hardware or software failures, phone lines, failure of any electronic mail entry to be received by Sponsor on account of technical problems, traffic, congestion on the internet or the web site, or any other technical problems related to web site entries including telecommunication miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit an entrant s ability to participate in this Contest. 11. DISQUALIFICATION/FORCE MAJEURE: Sponsor reserves the right to cancel or modify the Contest if fraud, technical failures, unauthorized human intervention or other causes impair the integrity of the Contest as determined by the Sponsor, in its sole discretion, and if cancelled, to award the Prizes from among all, non-suspect, eligible entries received prior to the cancellation using the judging procedure described above or as otherwise deemed fair and appropriate by Sponsor. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding the Prize or continuing with the Contest as contemplated herein by any event, including but not limited to, fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, action of any Entrant or other individual or any problem that may occur with the applicable social media platform or other cause not reasonably within Sponsor s control (each a Force Majeure event or occurrence), then Sponsor shall have the right to modify, suspend, or terminate the Contest. If the Contest is terminated before the designated end date, Sponsor will (if possible) judge all eligible, non-suspect entries received as of the date of the event giving rise to the termination using the judging procedure described above to determine the winners. Inclusion in such judging shall be each Entrant s sole and exclusive remedy under such circumstances. 12. DISPUTES: Except where prohibited by law, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the state of New Jersey without regard its conflict of laws 8

9 principles with venue in New Jersey, and all claims must be resolved in the courts of New Jersey; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, and in no event will Entrant be permitted to obtain attorneys' fees or other legal costs; and (3) unless otherwise prohibited, under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest shall be governed by, and construed in accordance with, the laws of the state of New Jersey, without giving effect to any choice of law or conflict of law rules (whether of the state of New Jersey or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of New Jersey. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. 13. WINNERS LIST: To obtain the names of the winners (available after Wednesday, February 25, 2015), send a self-addressed stamped envelope to: Jaguar #EveryVillainNeeds Winners List Request, PO Box 2312, Framingham, MA All such requests must be received by Friday, March 6,