The Promotion is open to legal residents of the fifty (50) United States and District of Columbia and Canada, excluding Quebec, who are the age of majority in the state/providence of residence as of the Start Date of the Promotion
Rules & Regulations
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF THE FIFTY UNITED STATES AND DISTRICT OF COLUMBIA AND CANADA (EXCLUDING QUEBEC) WHO ARE AT LEAST 18 YEARS OF AGE OR OLDER AT TIME OF ENTRY (OR 19 YEARS OLD IF A RESIDENT OF AL AND NE). VOID WHERE PROHIBITED OR RESTRICTED BY LAW. ENTRY REQUIRES INTERNET ACCESS. 1. Promotional Period: The Contest begins on March 17, 2014 at 12:00:01 p.m. Pacific Time ("PT"), and ends on July 31, 2014 at 11:59:59 a.m. PT (the "Promotion Period”). Promotion Period consists of a Submission Period and Voting Period as described below.
Submission Period: Entries may be submitted in the Contest beginning on March 14, 2014 at 12:00:00 p.m. PT, and ends on May 5, 2014 at 11:59:59 a.m. PT (the “Submission Period”). All entries must be received by May 5, 2014 at 11:59:59 a.m. PT.
Voting Period: Voting begins on May 12, 2014 at 12:00:00 p.m. PT, and ends July 25, 2014 at 11:59:59 a.m. PT (the “Voting Period”). All votes must be received by July 25, 2014 at 11:59:59 a.m. PT.
Judging Period: Sponsor judging will begin on or about July 31, 2014. A total of one (1) winner (a “Grand Prize Winner”) will be selected by the panel of qualified judges on or about July 31, 2014.
Sponsor’s computer is the official time-keeping device for the Contest.
2. SPONSOR/PROMOTIONAL PARTNER. The Promotion is sponsored by Rockstar, Inc. (“Sponsor”). Both Sullen Clothing, Inc. and Quadra Media, LLC. - Inked Magazine promotional partners (collectively, “Promotional Partner”).
3. Eligibility: The Promotion is open to legal residents of the fifty (50) United States and District of Columbia and Canada, excluding Quebec, who are the age of majority in the state/providence of residence as of the Start Date of the Promotion. Directors, officers, employees, agents and representatives of Sponsor, Sponsor’s franchisees, and Promotional Partners, and each of their respective parent, sister, affiliates, subsidiaries, advertising and promotional agencies, and all other corporations, partnerships, sole proprietorships or other legal entities or individuals associated with the development, administration, or fulfillment of this Promotion (collectively, the “Promotion Entities”), and the immediate families of such persons (defined as spouse, child, sibling, parent or grandparent or so-called “step” or “half’ variations of any of the preceding individuals, regardless of where they live), and those living in their same households, whether or not related, or a winner of any other of Sponsor’s official Sweepstakes during 180 days prior to the start date of the above-referenced Sweepstakes are ineligible to enter, win or collect prizes in the Promotion. The Promotion is subject to all applicable federal, state, provincial, territorial, municipal, and local laws, regulations, and ordinances.
4. How to Enter: To enter the Contest, an Entrant (“Entrant”) must visit the Promotion website at http://www.inkedupworldtour.com/13th (“Website”) at any time during the Submission Period and download the guidelines for entering. Once Entrant has completed their design, to enter, entrant must submit and complete the following, which shall be defined collectively as a “Submission”: (a) an official entry form, with all required information; (b) electronically agree to the Official Rules, and; (c) submit their original design, including the following (please see subsection 4.A. below for required recipe contents): 1) Include the words ‘Rockstar Energy Drink’ AND Rockstar’s iconic ‘Double R Star’ somewhere on the design; and 2) Use Rockstar’s Logos or re-draw and interpret Rockstar’s Logos. Limit: You may enter in up-to two (2) designs into the Contest throughout the Submission Period. Any attempt by any Entrant to enter more than the stated number of Submissions by using multiple/different email addresses, identities, registrations, or any other methods will void that Entrant's Submissions and that Entrant may be disqualified at Sponsor’s sole discretion.
Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents will void all entries made by, or associated with, the applicable Entrant. In the event of a dispute over who submitted a Submission, the authorized subscriber of the e-mail account provided in connection with the Submission, as of the actual time of entry, will be deemed to be the Entrant. The “authorized account subscriber” is defined as the natural person who is assigned an e-mail address by an Internet access provider, online service provider or other organization (e.g. business, education, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
Recipe Content Requirements, Terms and Restrictions:
A. Design Requirements:
i. Design must: (a) be an original design, (b) not be a copy or imitation of an existing design; (c) not have previously won awards or been used to enter into any other contest; (d) have never been published, and (v) not violate the rights of any other person or entity.
ii. Design must include the words ‘Rockstar Energy Drink’ AND Rockstar’s iconic ‘Double R Star’ somewhere on the design. Entrants also have the option to use Rockstar’s Logos or re-draw and interpret Rockstar’s Logos. By entering, Sponsor hereby grants each Entrant a limited, revocable right and license to use the Rockstar trademarks and service marks but only in direct connection with creating the Submission as set forth in these Official Rules. Nothing herein shall be deemed to grant Entrant any other rights or licenses except as specifically set forth herein.
B. Submission Terms:
i. Entrants agree to and understand that Submissions will be made available to the public, including without limitation, posting on the Internet. Whether or not Submissions are published on the Internet, Sponsor does not covenant or guarantee any confidentiality with respect to any Submissions.
ii. Each Submission must be an original creation of the submitting Entrant which is under no restriction, contractual or otherwise, that will prevent Sponsor’s use of the Submission and each Submission must be free of any and all liens, encumbrances and claims of third parties. Entrant acknowledges, agrees and warrants that, nothing in the Submission infringes on any copyrights, confidential information, trade secrets or trademarks belonging to any person or entity other than the Entrant absent a suitable license, clearance or permission agreement (proof of which is required upon submission), or violates any person's rights of privacy or publicity and that all necessary releases and permissions have been secured. Entrant agrees to indemnify and hold harmless each of Sponsor and Administrator, and each of their owners, officers, directors, employees, franchisees and affiliated organizations, and their respective officers, directors and employees, from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by Entrant of these Official Rules or the warranties and representations made by Entrant in this paragraph. Modifying, enhancing or altering a third party’s preexisting work does not qualify as Entrant’s original creation.
iii. By uploading the Submission, the Entrant agrees, for zero compensation, to grant to Sponsor all intellectual property rights in the Entry and each of its constituent parts, which rights include, without limitation, the Sponsor’s right to publish, make available to the public and/or reproduce the Submission through any media available at any time in perpetuity and in any medium now known or hereinafter developed, including but not limited to in any promotional materials, whether related or un-related to the Contest, and at any other location, whether physical or online, that Sponsor, in its sole discretion, deems appropriate and necessary for the operation and promotion of this Contest or otherwise. In addition, Entrant warrants that any so called “moral rights” in the Entry have been waived and Entrant acknowledges and agrees that Sponsor may use any ideas from any Entry or other submitted materials, whether or not Entrant has been awarded a prize in connection with any such Entry or other materials. Entrant agrees to release, defend, indemnify and hold harmless each of Sponsor and Administrator, and each of their owners, employees, directors, officers, agents, franchisees, subcontractors, and licensees from all claims, demands, and causes of action of any nature whatsoever which Entrant or Entrant’s heirs, representatives, executors, administrators, or any other persons acting on Participant’s behalf or on behalf of Participant’s estate, have or may have by reason of: (i) Sponsor’s exercise of any rights granted by Entrant in this paragraph; (ii) claims based on violation of any right of publicity or rights of personality, infringement of copyright or trademark, libel, slander, defamation, invasion of privacy, loss of earnings or potential earnings in connection with Sponsor’s use of the Entry and any portion thereof, or the likeness of any natural person therein.
C. Submission Content Restrictions: Submissions must not contain material that:
i. References tobacco, smoking or smoking products or alcoholic beverages, or otherwise contains or depicts someone smoking or intoxicated;
ii. Violates or infringes another’s rights, including without limitation, privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
iii. Contains material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
iv. Contains or displays any commercial/corporate advertising other than that of Sponsor (including but not limited to corporate logos, brand names, trademarks, slogans, political, personal and religious statements);
v. Contains indecent, violent, or unsafe behavior or situations, profanities or obscenities, including but not limited to nudity, or pornography, or is otherwise inappropriate, indecent, profane, obscene, hateful, tortuous,
slanderous or libelous;
vi. References persons or organizations without their written permission;
vii. Disparages any persons or organizations;
viii. Includes threats to any person, place, business, or group;
ix. Is unlawful, in violation of or contrary to all applicable federal, state, or local laws and regulations.
Failure of any Submission to comply with the above “Submission Requirements” and “Submission Content Restrictions,” as determined by Sponsor, in its sole discretion, may result in disqualification of Entrant. Without limitation, Sponsor reserves the right in its sole discretion to disqualify any Entry that, in their sole opinion, refers, depicts or in any way reflects negatively upon the Sponsor, the Contest or any other person or entity, does not comply with these Official Rules or if Sponsor receives notification about any potential infringements or breaches of law or any other reason set forth herein. All Entries shall become the exclusive property of Sponsor and will not be acknowledged or returned. Entries must be suitable for presentation in a public forum, in sole determination of Sponsor.
An Entrant’s uploaded design will constitute his or her entry (“Entry”) and will be added to the online gallery of Entries, which will be located on the Website. Sponsor will not acknowledge or confirm receipt of any Entry and cannot guarantee receipt of such.
Note: Designs must be in either a .pdf, .png, or. jpeg format.
5. Grand Prize Winner Selection
A. Public Voting: All qualifying Submissions will be posted on the Website during the Voting Period. Individuals from the general public will be able to vote once per day for their favorite Submission during the Voting Period (please see section 2. above for Voting Period details). Voters can vote by visiting the Website and registering or logging into the Contest and following the links to the voting page. Limit: one (1) vote per user, per valid email address, per day. The top fifteen (15) Submissions with the most votes during the Voting Period will be deemed Finalists and will be voted on using the Judging Criteria set forth in Section 5B below. In the event of a tie, the tying Submissions will be judged using the Judging Criteria set forth in Section 5B below to determine who the Finalist will be from among all tying Submissions.
B. Judging Criteria: During the Judging Period (please see section 2. Above for Judging Period details), a panel of qualified judges, to be selected by Sponsor, will select the Grand Prize winner from among the top Fifteen (15) Finalist Submissions using the following judging criteria (“Judging Criteria”):
● Originality (25%)
● Artistic Talent (10%)
● Prominence of Rockstar branding (25%)
● Expected “Shelf Appeal” of art on a Rockstar can (10%)
● How closely Entrant followed Design Guidelines (30%)
The Finalist Submission with the highest score using the Judging Criteria set forth above will be deemed the Grand Prize Winner. In the event of a tie, the Finalist Submission with the highest score in the Expected Taste criteria will be deemed the Grand Prize Winner.
Sponsor will attempt to notify potential Grand Prize Winner of his/her winning status via the cellular telephone number, and/or e-mail address provided in connection with the Grand Prize Winner’s Entry within a week of the Winner Selection, at Sponsor’s discretion. Potential Grand Prize Winner must respond within seventy-two (72) hours of notification attempt. Failure to respond to notification within the stated time will result in forfeiture of the Prize. Awarding of any prize is subject to verification of potential Winner's eligibility and full compliance with these Official Rules. Except where prohibited, the selected potential Winner may be required to complete and return to Sponsor or its designated agent an Affidavit of Eligibility and a Liability/Publicity Release Form (“Affidavit and Release”) within three (3) days of receiving the Affidavit and Release. Failure to return the signed Affidavit and Release within three (3) days following the date of delivery thereof may result in forfeiture of the Prize. If a potential Winner cannot be contacted as specified above, or if he/she fails to return the signed Affidavit of Eligibility by the deadline specified above, or if a potential winner is deemed ineligible for any other reason in Sponsor’s sole discretion, the potential winner will be disqualified and the second to the highest scoring Submission from the Judging Period may be selected in the original winner’s place. Up to two (2) alternate winners may be selected, after which the Prize will remain un-awarded.
Exactly one (1) Grand Prize (“Grand Prize”) will be awarded. One Grand Prize Winner (“Grand Prize Winner”) will be selected from among the top fifteen Finalists (as described in the Grand Prize Winner Selection section above) and awarded a Rockstar/Sullen/Inked Up Prize Pack consisting of: (a) one (1) Rockstar t-shirt; (b) one (1) Rockstar beanie; (c) a year supply of Rockstar (12 mixed cases); (d) two (2) Sullen t-shirts; (e) one (1) Sullen Hat; (f) a year subscription to Inked Magazine; and (g) any other benefits Sponsor may provide in connection with the Promotion.
Total Approximate Retail Value (“ARV”) of Grand Prize: up to $650 USD.
Prizes will be awarded "as is" with no warranty or guarantee express or implied by Sponsor. Winners may not substitute, assign or transfer any Prize or part thereof, or redeem Prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute a Prize (or any portion thereof) with one of comparable or greater value. Further, Sponsor reserves the right to forfeit or award any unclaimed or leftover Prize at its sole discretion. Additional restrictions may apply. All expenses not specified herein are the Winner’s responsibility. Taxes on and in connection with any Prize are the sole responsibility of the Winner. Sponsor, or its designated agent, may issue a Form 1099 to the Winner for any prize with an ARV of $600 or more. Any registered trademarks are not intended to suggest or imply the sponsorship, endorsement, or the approval this Contest.
7. Prize Limitations: If the actual value of the prize is less than the stated ARV, the difference will not be awarded. All expenses not specifically mentioned herein are not included and are solely the Winner’s responsibility. Sponsor will not replace any lost, mutilated, or stolen certificates or prizes
Sponsor is not responsible if the Grand Prize, or any part thereof, cannot be awarded due any acts of God, action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, 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 Sponsor’s sole control, and shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the air carrier(s), hotel(s), or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. Sponsor will be held harmless for any liability, loss, injury or damage, including, without limitation, personal injury, death or damage to personal or real property, to Entrant or any other person or entity due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use or misuse of any prize (including any travel or activity related thereto). The Promotion Entities and Promotional Parties shall not be responsible for any loss or damage to baggage.
All expenses not specified herein are the Winners’ responsibility. Taxes on and in connection with a Prize are a Winner’s sole responsibility; Sponsor or its designated agent may issue a Form 1099 to Winner for prizes with an ARV of $600 or more. Prizes are not transferable. No prize, cash or other substitutions allowed except at Sponsor’s sole discretion or as otherwise provided herein. Sponsor reserves the right to substitute a prize of equal or greater value if an advertised prize becomes unavailable. All gift certificates and/or gift cards awarded pursuant to this Promotion shall be subject to the terms and conditions of the applicable certificates and cards, and the laws and regulations of the Winner’s jurisdiction of residence.
8. GENERAL TERMS AND LIMITATIONS OF LIABILITY AND RELEASES: All Entries related to this Promotion become the exclusive property of Sponsor and none will be acknowledged or returned. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor and/or Administrator. All such Entries are subject to verification. By entering or otherwise participating in the Promotion and/or accepting any Prize, each Entrant hereby fully and unconditionally agrees to be bound by these Official Rules and the decisions of Promotion Entities, or their respective designated agent, which are final and legally binding in all respects, and agrees to waive any right to claim any ambiguity in these Official Rules. Sponsor reserves the right to modify or revise these Official Rules at any time and for any reason. The Entrant also agrees to assume all risk of loss, damage, destruction, delay or misdirection of materials/mail/email submitted to or from Sponsor or Administrator, and further agrees that all prizes are awarded upon the condition that the Promotion Entities or any of their respective parent companies, subsidiaries, officers, directors, partners, principals, partnerships, employees or agents (collectively, the “Released Parties”) shall have no liability whatsoever and shall be held harmless for any injuries, losses, or damages of any kind to persons or property, including death, sustained, in whole or in part, directly or indirectly, in connection with or resulting from acceptance, possession or use/misuse of any Prize, or participation in this Promotion or participation in any Promotion-related activities and further acknowledges that said Released Parties have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to any prize awarded in connection with the Promotion.
Sponsor reserves the right, in its sole discretion, without prior notice or obligation and at any time, to cancel, terminate or suspend this Promotion, or any portion thereof, should virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor corrupt or impair the administration, integrity, security, fairness or proper conduct of the Promotion, or for any other reason, at their sole discretion. In such event, Sponsor, at its discretion, may select winners from the eligible, non-suspect, eligible Entries fulfilling the applicable eligibility requirements prior to the event requiring such termination, cancellation or suspension. Sponsor reserves the right to correct any typographical, printing, computer programming or operator errors, including in the Official Rules. The Released Parties are not responsible for hardware, software or telephone failures of any kind, traffic congestion on the Internet, on the Website or any other website, in any cellular telephone lines, networks, or towers, or any combination thereof, lost network connections, incomplete, garbled or delayed computer or text message transmissions, whether caused by Sponsor, users, or by any of the equipment or programming associated with or utilized in the Promotion, or by technical or human error which may occur and/or which may damage Promotion Entities’ ability to receive or store Promotion data, or which may damage a participant’s system in connection with the selected method of entry, or which may otherwise limit any participant’s ability to participate and/or redeem Prizes in the Promotion. In the event that any participant’s entry attempt is not successfully received by Promotion Entities, that participant’s sole remedy shall be to attempt to enter the Promotion once again during the Promotion Period. Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the Promotion, violates these Official Rules, or otherwise engages in fraudulent or offensive conduct with respect to this Promotion. Caution: Any attempt to deliberately damage any website or undermine the legitimate operation or administration of the Promotion is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such participant to the fullest extent of the law.
By accepting a Prize, all Winners agree that Sponsor may use any and all such Winners’ name, city and/or state/territory of residence, statements, likeness, voice, photograph and/or biographical information, without limitation, for promotional purposes relating to the Promotion, in any media or format, whether now known or hereafter developed, including but not limited to the Internet, worldwide, in perpetuity, without further consideration or payment, where permitted by law. Prizes are awarded “as is,” “where is,” with no warranty or guarantee express or IMPLIED. Prizes are nonassignable, nonsubstitutable, and nontransferable. Sponsor, at its sole discretion, reserves the right to substitute cash or prizes of equal or greater monetary value. Should a winner make any false statement(s) in any document referenced above, the winner will be required to promptly return to Sponsor the awarded Prize(s), or the cash value thereof. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision or any other provision herein. Should any provision of the Official Rules be deemed unenforceable or invalid, the other provisions of the Official Rules shall remain in full force and effect. In the event that this Promotion is challenged by any legal or regulatory authority (including but not limited to any federal or state governmental authority), Sponsor reserves the right to discontinue or modify the Promotion, as applicable, or to disqualify any participant residing in any affected geographic areas, as applicable. In such event, Sponsor shall have no liability to any participants who are disqualified due to such an action.
9. DISPUTE RESOLUTION: Except where prohibited, participants agree that: all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any participant(s), Sponsor, Administrator, and their respective agents shall be governed by and construed exclusively in accordance with the laws of the State of California without giving effect to any principles of conflicts of law of any jurisdiction. Participants agree that any action at law or in equity arising out of or relating to this Promotion, or awarding of the Prizes, shall be filed only in the state or federal courts located in the State of California and the participants hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Except where prohibited, by participating in this Promotion, the participants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Promotion, or awarding of the prizes, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Promotion but in no event attorneys' fees; and (c) under no circumstances will any participant be permitted to obtain awards for, and hereby waives, all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above may not apply to you.
11. WINNER NAMES AND OFFICIAL RULES: For the name of the Winner and/or a copy of these Official Rules, send an email request to SWEEPSTAKES@ROCKSTARENERGY.COM with the subject line “Rockstar 13th Artist Contest”. All requests for a copy of the Official Rules and the names of winners must be made by May 31, 2014. Please note in the subject line of your correspondence whether you are requesting “Official Rules” or the names of “Prize Winners.”
12. SPONSOR: Rockstar, Inc., 101 Convention Center Dr., Suite 777, Las Vegas, NV 89109.
Any and all registered names or trademarks used in this Promotion are for identification purposes only. All trademarks and registered trademarks are the property of their respective owners, and their use does not signify such owners’ approval or endorsement of, or connection with, Sponsor or this Promotion.
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