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Rules & Regulations
ROCKSTAR PURE ZERO INSTAGRAM CONTEST
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT IMPROVE ODDS OF WINNING. OPEN TO LEGAL RESIDENTS OF THE FIFTY UNITED STATES AND DISTRICT OF COLUMBIA. VOID WHERE RESTRICTED OR PROHIBITED.
The “Rockstar Pure Zero Instagram Contest” (the “Promotion” or “Contest”) will commence at 12:00:01 PM Pacific Time (“PT”) on March 5, 2013 (“Start Date”) and ends at 11:59:59 AM PT on March 10, 2014 (“End Date;” and Start Date and End Date collectively, the “Promotion Period”).
1. SPONSOR/PROMOTIONAL PARTNER. The Promotion is sponsored by Rockstar, Inc. (“Sponsor”) - FORD IS NOT THE SPONSOR ACCORDING TO PARAGRAPH 11
2. ELIGIBILITY. The Promotion is open to legal residents of the fifty (50) United States and District of Columbia (“Eligibility Area”) who are 18 years of age or older (19 or older in Alabama and Nebraska) as of the Start Date of the Promotion. Directors, officers, employees, agents and representatives of Sponsor, Sponsor’s franchisees, 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 or Contests during 180 days prior to the start date of the above-referenced Sweepstakes or Contests 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.
3. HOW TO PARTICIPATE. NO PURCHASE NECESSARY. There is one (1) way to enter into the promotion:
Instagram Entry: To enter the Promotion, you must be a registered member of Instagram with an account in good standing. To become a registered member of Instagram (registration is free), go to www.Instagram.com and follow the instructions to become a registered member and create an account (“Instagram Account”). Once registered, to enter: (a) follow @rockstarenergy and @officialfordracingtag on Instagram; (b) Instagram a video showing why you deserve to go to the rally school; and (c) include the hashtag #Drivelikearockstar as well as tag @rockstarenergy and @officialfordracing in the caption of your video to receive an automatic entry (“Entry”) into the Contest. All Submissions must be received by the End Date (the “Submission Deadline”). SPONSOR’s Promotion computer is the official clock for the Promotion. All Submissions must meet the standards set out in these Official Rules including, but not limited to, the Submission Requirements and Content Restrictions (specified below). SPONSOR reserves the right in its sole and unfettered discretion to disqualify any entry that it believes contains inappropriate content, that does not comply with these Official Rules, or that is not consistent with the spirit or theme of the Contest.
Entrants must adjust their Instagram account settings to allow for viewing of Video Entries and receipt of Messages from Promotion Entities. For this purpose, Entrants will have to set their Instagram and account settings to ‘Public', and take any further necessary steps to ensure receipt of any communication from the Promotion Entities. It is solely Entrant's burden to take any steps necessary to adjust their Instagram account settings so that Video Entries may be viewed by, and messages can be sent by, the Promotion Entities. An Entrant's non-receipt of a message from Promotion Entities for any reason, including for failure on behalf of Entrant to adjust Instagram account settings, shall be Entrant's, and not Contest Entities', fault. Similarly, Promotion Entities shall not be held liable if they are not able to view an Entrant's entry for any reason, including the failure on behalf of Entrant to adjust their Instagram account settings accordingly.
Promotion Entities will not acknowledge or confirm receipt of any Entries, regardless of entry method used. Promotion Entities are not responsible for Internet provider or glitches or outages that result in the non-receipt of any participants’ entry attempts. Promotion Entities are not responsible for Entries that are garbled, corrupted, or otherwise unascertainable or incomprehensible. All Entries must be submitted by the End Date, any Entries or entry attempts received thereafter will be destroyed.
Limit one (1) Entry per person/Instagram account during the entire Promotion Period. Any person who attempts to participate by using multiple email addresses, multiple identities, or by using any device or artifice to participate in violation of the terms stated in these official Rules, may be disqualified by Sponsor in its sole discretion. Any use of robotic, repetitive, automatic, programmed or similar participation methods or agents will void such participation in the Promotion. In the event of a dispute over who is an Entrant, the authorized subscriber of the e-mail account used to Enter the Promotion as of the actual time that such information was received by Sponsor, 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. Promotion Entities may require an Entrant to show proof of being the authorized account holder. Entrants may be required to indicate their acceptance to the Official Rules where indicated at the time of registration; provided, however, that any Entrant’s participation in the Promotion constitutes, and is deemed, such Entrant’s full and unconditional agreement to the Official Rules and any and all decisions of Promotion Entities, which are final and binding in all respects. All Entrants agree to waive any right to claim ambiguity in the Promotion and/or these Official Rules.
Note: Entrants must adhere to the below Entry Terms and Restrictions.
A. Entry Terms:
i. Entrants agree to and understand that Entries will be made available to the public, including without limitation, posting on the Internet. Whether or not Entries are published on the Internet, Sponsor does not covenant or guarantee any confidentiality with respect to any Entries.
ii. Each Entry 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 Entry and each Entry must be free of any and all liens, encumbrances and claims of third parties. Entrant acknowledges, agrees and warrants that, nothing in the Entry 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. Entrant represents that he or she has the express consent of any identifiable persons appearing in the entry or image to their likeness being used in the ways set out in these Official Rules, including Sponsor’s right to use the entry and image for any future commercial purpose without restrictions. Upon request, Entrant will obtain written consent of any such persons for Sponsor. If any person appearing in the entry or image is under the age of majority in their state of residence, the written consent and signature of a parent or legal guardian is required. The entry and image must not contain any personally identifiable information of any person.
iv. By uploading the Entry 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 Entry through any media available at any time during, or after, the Promotion Period on any related websites, in any promotional materials, whether related or un-related to the Promotion, 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 Promotion. In addition, Entrant warrants that any so called “moral rights” in the Entry have been waived in favor of Sponsor 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 Entrant’s behalf or on behalf of Entrant’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; or (iii) Entrant’s violation of any representation, warranty, or covenant in this Section A or Section B.
v. Entrants are responsible for securing necessary permissions, location releases, and licenses for any material contained in the Entries.
vi. Sponsor is not responsible for any expenses incurred in the production and delivery of the Entries.
B. Entry Content Restrictions: Entries 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 any clothing or adornments determined to be unacceptable in Sponsor’s sole discretion, 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 applicable federal, state, or local laws and regulations.
4. WINNER SELECTION AND NOTIFICATION.
On or about March 11, 2014, or as soon thereafter as reasonably practicable, the Entries will be reviewed by a panel of judges to be selected by the Sponsor (the “Rockstar Panel of Judges”). The Rockstar Panel of Judges will review each of the Entries based on the criteria of Originality of why Entrant deserves to go to Rally School (worth 40%), Creativity of incorporating Rockstar and Ford in the video (worth 10%), and Creativity of incorporating Brian Deegan in the video (worth 10%). The highest judged Entry, as determined solely by the Rockstar Panel of Judges will be selected as the potential Grand Prize Winner. In the event of a tie, the Rockstar Panel of Judges will re-evaluate the tied entries based on Originality until a tie is resolved.
All decisions of Sponsor are final and binding in all respects, including as to the selection and final determination of Winners. Potential Winners will be selected on or about March 11, 2014, or as soon thereafter as reasonably practicable, and will be notified via email.
Winner Notification: 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 an alternate winner may, at Sponsor’s sole discretion, be randomly selected in his/her place from among all remaining eligible Entries. Up to one (1) alternate winner drawing may be conducted for each un-awarded Prize, after which the Prize will remain un-awarded.
5. PRIZES. Each Grand Prize Winner will receive:
Exactly one (1) Grand Prize (“Grand Prize”) will be awarded. One Grand Prize Winner (“Grand Prize Winner”) will be selected from among the Entries (as described in the Winner Selection section above) and awarded a Grand Prize consisting of: (a) a rental car for travel between Winner’s city of residence and where Grand Prize will take place, if Winner lives within 150 miles of where Grand Prize will take place; if Winner lives more than 150 miles away from where the Grand Prize will take place, Grand Prize will include round trip coach airfare for one departing from a major International airport closest to Winner’s residence and arriving in a major international airport closest to location where Grand Prize will take place, or airports of Sponsor’s selection); (b) double occupancy hotel accommodations for one (1) at a hotel of Sponsor’s choosing, check-in and check-out times to be determined by hotel and/or Sponsor, at their sole discretion; (c); in either event, travel must be taken for a minimum of two (2) nights between April 5 to 6, 2014; (d) transportation between hotel and location where Grand Prize will take place, and between airport and hotel, if applicable; (e) two days of driving instruction at O’Neil Driving School; (f) any other benefits Sponsor may provide in connection with the Promotion.
Total Approximate Retail Value (“ARV”) of Grand Prize: up to $3,247 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.
6. PRIZE LIMITATIONS AND TRAVEL RESTRICTIONS: Grand Prize ARV may vary depending upon points of departure and destination and seasonal fluctuation of hotel rates and airfares, if applicable. 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. Travel and lodging are subject to availability, certain restrictions, blackout dates and Sponsor’s approval. Airline carrier and hotel regulations and conditions apply. Winner must take Trip on Sponsor-selected dates or Prize will be forfeited in its entirety and, at Sponsor’s discretion, awarded to an alternate winner. All travel must begin/end with the same major airport. Stopovers, open jaws, circle trips or frequent traveler mileages are not permitted. Travel must be made through Sponsor’s agent and Sponsor shall determine airline and flight itinerary in its sole discretion. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers, certificates or prizes. Grand Prize cannot be used in conjunction with any other promotion or offer and airline tickets issued in conjunction with the Prize are not eligible for frequent flyer miles. Once passengers are ticketed, an airline change fee must be paid by the winner to change flights or dates of travel. Additional costs not specifically provided for herein including, but not limited to, seat assignments, baggage fees, etc. are determined by selected airline and will be the responsibility of the Winner.
Sponsor is not responsible if the Grand Prize, or any part thereof, cannot be awarded due to travel cancellations, delays or interruptions due to 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 a 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.
7. 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.
8. 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.
10. WINNER NAMES AND OFFICIAL RULES: For the names of the Winners and/or a copy of these Official Rules, send an email request to SWEEPSTAKES@ROCKSTARENERGY.COM with the subject line “Rockstar Pure Zero Instagram Contes”. 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.”
11. 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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