HOONIGANS WANTED 2018 OFFICIAL RULES

Transcription

1 HOONIGANS WANTED 2018 OFFICIAL RULES NO PURCHASE NECESSARY TO PARTICIPATE IN THIS CONTEST. BY PARTICIPATING IN THIS CONTEST, YOU HEREBY AGREE AND CONSENT TO THE FOLLOWING OFFICIAL RULES ( OFFICIAL RULES ), AND ACKNOWLEDGE THAT YOUR PARTICIPATION IN THIS CONTEST SHALL BE GOVERNED BY THE FOLLOWING: HOONIGANS WANTED ( HW ) is produced by, and the Contest is sponsored by the following (hereinafter Sponsors ): 1. Hoonigan Industries, LLC DEFINITIONS 1. Producer shall mean Hoonigan Industries, LLC ( Hoonigan ). 2. Eligible Individual shall mean an individuals who is: a. Resident of the United States; b. 18 years old or older; c. Hold a valid driver s license and presents on request; d. Does not have an exclusive agreement with any sponsor or company; e. Must be able to participate in the Contest, on the Contest dates; f. Registered with the Producer; and g. Not deemed ineligible under Official Rules. 3. Contestant shall mean Eligible Individuals selected from the Registered Contestant pool to participate as a contestant. 4. Contest shall include all game play associated with HW, as well as any giveaways as may be provided by a Sponsor in its sole discretion. 5. Registration Window shall mean July 23, 2018 at 12:00 P.M. PST to August 10, 2018 at 12:00 P.M. PST. 6. All definitions are assumed to be singular and plural context. PURPOSE THE PURPOSE OF HOONIGANS WANTED IS TO host a competition wherein (10) Contestants compete over the course of a week for the chance to become the next Hoonigan. This includes but is not limited to affiliation with and representation of the Producer where the winner may be asked to create content with or for Producer, participate in filming activities, events and social promotion with or for the brand. This is an uncompensated relationship, which does not involve employment by Producer on any level, and can be terminated at Producer s discretion. Winner of Hoonigans Wanted will also win a Fiat 124 Abarth Spider. The purpose of these Official Rules is to govern the Contest associated with HW through which Eligible Individuals can receive prizes through the game play described below. 1

2 1. The following individuals are not eligible: ELIGIBILITY a. Individuals who currently have or are negotiating an exclusive agreement with a sponsor(s). b. Employees or former employees (within the past year), directors or officers of Producer or Sponsor involved with HW or any of their respective parent companies, subsidiaries, or affiliates, and Immediate Family members of these employees or sharing the same residence with any employee involved in coordinating/executing contests or tournaments. As used herein, Immediate Family is defined as: mother, father, spouse, domestic partner, children, son-in-law, daughter-in-law, mother-in-law, father-in-law, stepparents, step children, sister, brother, grandmother, grandfather, grandchildren, and any relative or other person residing in the employee s place of residence. Vendors, partners or anyone having a business relationship with Producer, a Sponsor or anyone the Producer deems to have an unfair advantage in playing the game are also ineligible to participate in the Contest. c. Any members of the media associated with advance press and reviews to promote HGS. 2. Any Prize winner who fails to meet the eligibility requirements must forfeit any prizes that they would otherwise have won while participating in HW. All decisions of the Producer regarding the interpretation of Official Rules, eligibility, game play, the order in which contestants compete, or any other aspect of HW will be final and binding on all participants without appeal. 3. Producer reserves the right to modify or cancel HW at any time, for any reason, subject to any applicable regulatory approval, if required. 4. Eligible Individuals are responsible for any and all applicable taxes that arise from participation in HW and/or winning the Prize. 5. Producer and Sponsors are not responsible for lost, stolen, late, mutilated, or illegible Registration Forms; electronic transmission errors or delays resulting in omission, interruption, deletion, defect, delay in operations or transmission; theft or destruction or unauthorized access to or alterations of entry materials; technical, hardware, software, or telephone failures of any kind; lost or unavailable connections; fraud; incomplete, garbled, or delayed computer transmissions, whether caused by Producer, Sponsor, Contestant, Eligible Individual, any individual, any company; any equipment or programming errors associated with or utilized in the Contest; or any technical or human error in the processing of submissions which may limit, restrict, or prevent an Eligible Individual s ability to participate in HW. 6. If for any reason HW is not capable of running as planned, or an event beyond the control of Producer corrupts or affects the administration, security, fairness, integrity, or proper conduct of HW, Producer reserve the right at their sole discretion to cancel, terminate, modify or suspend HW at any time. 7. Any attempt by any individual to deliberately damage any program or to undermine the legitimate operation of the Contest may be a violation of criminal and civil laws and should such an attempt be made. Producer reserve the right to seek damages from any such person to the fullest extent of the law. 8. Producer and Sponsors are not liable for injuries or losses arising or resulting from participation in HW and are not liable for events or errors by employees for negligent conduct and are not liable in the event of any equipment or software malfunction. 9. By participating in HW, Eligible Individuals and Contestants agree to these Official Rules. Producer may disqualify any individual based on fraud, dishonesty, violation of Official Rules or other misconduct, whether or not directly related to HW at Producer s sole discretion and at any time. 10. Without express authorization from Producer, no individual, Eligible Individual or Contestant is allowed to take pictures or videos while at any of the HW shooting. Producer reserve the right to eject and/or disqualify individuals or contestants in violation. 11. There is no ticket purchase required to participate in the Contest. 2

3 REGISTRATION 1. Each Eligible Individual who wishes to enter HW must attend in person and complete a registration form ( Registration Form ), which includes the individual s full name and date of birth, level of driving skill, social media user names, current sponsors. Eligible Individuals may only register once for HW. 2. No individuals are allowed to register after the Registration Window closes. CONTESTANT SELECTION 1. Contestant selection process shall be subject to the Producer s decision of: Contestant s driving skill, personality, on camera content creation, social media postings, interaction with the Hoonigan on-camera and off-camera personalities and staff in a manner consistent with the Hoonigan brand, ability to be an ambassador to brands of all Sponsors. Producer reserves the right to modify the Selection Process at its discretion. When registration is completed, all completed registration will be eligible for selection. In the event electronic registration is used, names shall be randomly selected from the database; in the event registration cards are used, all cards shall be pooled together and individual cards shall be selected. 2. Ten (10) Contestants shall be selected from the Eligible Individual pool to participate in HW. 3. When the names of HW Contestants are announced, the individuals named must immediately make it known that they wish to participate in HW and will be available on the dates of August 19, 2018 to September 1, If, after three (3) days of the Contestants are announced, the Producer(s) are unable to readily identify the person whose name was chosen to be a Contestant, the Eligible Individual will be deemed absent and another Eligible Individual will be selected as the Contestant. 4. In the event that an Eligible Individual is chosen by having his/her name drawn, and does not wish to participate in HW, s/he may forfeit their participation in HW and Producer shall select another Eligible Individual. 5. To be confirmed as a Contestant, Eligible Individuals must also complete and sign a standard release form, including a publicity release, confirming compliance with HW rules, acceptance of the Prize as awarded and indemnifying and releasing Producer and all Sponsors and their respective parent companies, affiliates, subsidiaries, agencies, agents, respective directors, officers, employees, representatives, sponsors, successors and assigns ( Released Parties ) from any liability for any loss, harm, damages, claims, costs, causes of action or injury whatsoever including, but not limited to, personal injury, accident or death, property damage, disappointment or inconvenience arising from any act, omission or negligence whatsoever relating to this contest as a result of participation in the event and/or the receipt, ownership, possession, use or misuse of any Prize. AWARDING OF PRIZE 1. Awarding of Prize is contingent verification that Contestant was an Eligible Individual by verifying the requirements set out in the Official Rules and the Eligible Individual was not deemed ineligible under any terms as set out in the Official Rules. In the event that an ineligible individual participates in HW and is potentially eligible for the Prize, this individual will be disqualified from winning the Prize and the Prize will be forfeited. If the Prize is forfeited, at the sole discretion of Producer, the Prize may be awarded to another Contestant. The Prize is not required to be given to any Contestant in the event it is forfeited. 2. The winning Contestant shall be chosen by the Producer and based off of a collective of the following which Producer deems to be the winner: Contestant s driving skill, personality, on camera content creation, social media postings, interaction with the Hoonigan on-camera and off-camera personalities and staff in a manner consistent with the Hoonigan brand, ability to be an ambassador to brands of all Sponsors. GAME PROCESSES 1. Producers reserve the right to alter the order in which games are played during HW. 3

4 2. Contestants shall compete in a series of games or events or challenges against one another until there is a single remaining Contestant. 3. The games or events or challenges shall be determined by the Producer and given to Contestants at the time of the game. 4. Contestants will not be given knowledge of the game or any event or challenge prior to its start. 5. Contestants and Eligible Individuals who do not win will not receive a consolation prize. PRICING AND PRIZES 1. HW shall be performed in the United States and all prices shall be in US dollars (USD). Approximate total retail value of the potential Prize to be won per show is $34, Thousand US Dollars. 2. The prices for Prize of a Fiat 124, inclusive of modifications, shall be set by Producer and at the Producer s sole discretion may change the value of the Prize from time to time, depending on the level of Sponsor provided modification to the Fiat and the condition of the Fiat at the announcement of the winner of the HW on September 1, It is the responsibility of the winning Contestant to take possession of the Prize at Hoonigan s location. Producer and Sponsors are not responsible for the act or cost of transporting or storage of the Prize for the winning Contestant. REGULATORY OVERSIGHT This Contest is subject to all applicable state and municipal laws where located and federal laws of the United States. Choice of Law. This agreement is made and shall be governed by, and construed and enforced in accordance with, the internal laws of the State of California, without regard to the conflict-of-law principles thereof, as the same apply to agreements made solely by residents of California and wholly to be performed within California. GENERAL CONDITIONS 1. Privacy a. By participating in the Contest, the individual grants to Producer the right to use his/her likeness and registration information, including first and last name, state of residence, all social media usernames and likeness, any videos submitted by Contestant ( Personal Information ) without further permission or compensation for the purpose of administering the Contest. The Producer will use Personal Information to conduct the contestant selection and to confirm each selected individual s eligibility, including searching his/her name against Producer s internal databases to ensure that he/she is eligible to play. After the drawing and eligibility verification, Producer shall destroy all Registration Forms containing any Personal Information of registrants other than Prize winners. b. By participating in the Contest, individuals grant to Producer the right to use his/her Personal Information for the purposes set forth above and acknowledges that the Sponsor may disclose the Personal Information to third parties or service providers of the Sponsor in connection with the foregoing. c. Producer may require Contestant to complete and sign a publicity release granting Producer the right to use his/her personal information, including, without limitation, name, likeness, city, photographs or comments for publicity and contestal purposes relating to HW without compensation or further permission. The release may also give Producer the right to license or permit third parties to use the Contestant s personal information for matters relating to or associated with the Contest or the Show. d. Contestant shall not receive compensation for any participation in HW. e. Contestants may option to receive mailings or contestal materials from Producer or Sponsors. Such uses of personal information will be governed by Producer or Sponsors privacy policy, available for public review at their websites. 2. General Release. By participating in the Contest, each individual releases and holds harmless the Released Parties from any and all liability for any loss, harm, damages, claims, costs, causes of action or injury whatsoever including, but not 4

5 limited to, personal injury, accident or death, property damage, disappointment or inconvenience arising from any act, omission or negligence whatsoever relating to the Contest or the receipt, ownership, possession, use or misuse of any prize. 3. Conflicting Terms. In the event of any discrepancy or inconsistency between the terms and conditions of these Official Rules and any disclosures or other statements contained in any related materials, including, but not limited to, any entry form or advertising collateral, terms and provisions of these Official Rules shall prevail. 4. Dispute Resolution. In the event of a dispute in any way relating to this agreement, California law will apply and personal jurisdiction and venue will be in Los Angeles, California. Any dispute shall be resolved in binding arbitration. a. The parties expressly waive their right to a jury trial and hereby agree that any controversy, claim or dispute arising our of relating to the course and scope of HW or the alleged breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate ( disputes ), shall be determined by binding arbitration in Los Angeles County, California, in accordance with the laws of the Sate of California for agreements made in and to be performed in California. 5. Assignment. Individual, Eligible Individual or Contestant shall not assign, transfer, otherwise convey their rights or obligations under this Agreement. 6. Intellectual Property Rights. All intellectual property from the filming and creation of HW solely belongs to Producer. Sponsors names, likeness and intellectual property belongs to said Sponsor and is granted use for HW. 7. Severability. If any part of this agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and will remain in effect. 8. Amendments. This Agreement may not be modified, amended, altered, or supplemented except by an agreement in writing executed by all the parties hereto. 9. Entire Agreement. This agreement shall constitute the entire agreement between the parties and may only be modified or amended by a written agreement signed by all parties. 5