HOT ROD POWER TOUR ON CONTIS CONTEST OFFICIAL RULES

Transcription

1 HOT ROD POWER TOUR ON CONTIS CONTEST OFFICIAL RULES 1. INTRODUCTION: Motor Trend Group, LLC (owner and publisher of Hot Rod Magazine), ( Sponsor ) is offering the Hot Rod Power Tour on Contis Contest (the Contest ). NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A purchase will not improve your chances of winning. VOID WHERE PROHIBITED. 2. ELIGIBILITY: The Contest is open only to legal residents of the 50 United States and the District of Columbia (the Territory ), who are 18 years of age or older as of 5/25/18. Employees of the Sponsor, Continental AG, sponsors and exhibitors of the 2018 Hot Rod Power Tour, and their respective parents, subsidiaries, affiliated companies, dealers and agents, and the foregoing employees household or immediate family members (defined as parent, spouse, child, sibling or grandparent) are NOT eligible to enter the Contest. Void outside of the Territory. 3. TIMING: Contest begins at 12:00:00 a.m. Eastern Daylight Time ( EDT ) on 5/25/18 and ends at 11:59:59 p.m. EDT on 6/15/18 (the Contest Period ). During the Contest Period, there will be two (2) separate Entry Periods. The First Entry Period beings at 12:00:00 a.m. EDT on 5/25/18 and ends at 11:59:59 p.m. EDT on 6/8/18. The Second Entry Period begins on 12:00:00 a.m. EDT on 6/9/18 and ends at 11:59:59 p.m. EDT on 6/15/ HOW TO ENTER: During the Contest Period, eligible entrants may enter this Contest by visiting the Sponsor s Facebook page at (the Page ) and replying to the Hot Rod Power Tour on Contis Contest post on the Page by posting a clear photograph of the entrant with his/her motor vehicle (the Photo ) along with the hashtag #HRPTonContisContest (an Entry ). The motor vehicle must be capable of being equipped with Continental tires in the price range as set forth in Rule 8 of these Official Rules. Entry Limit: One (1) Entry per entrant/facebook account during each Entry Period. Any non-winning Entries made during the First Entry Period will not carry forward to the Second Entry Period. Entrants must have a Facebook Account to participate. An entrant can create a Facebook account at no cost at Creation of a Facebook account requires entrant to agree to Facebook's Statement of Rights and Responsibilities, Data Use Policy, and Community Standards, available at 1

2 IMPORTANT: Message and data rates may apply if an entrant enters this Contest on his/her mobile device. Not all mobile telephone providers provide the service necessary to participate in this Contest. Entrants should consult their wireless provider s pricing plans. Mobile entry is not required to enter or win the Prize in this Contest. 5. CONTENT REQUIREMENTS: Each Entry must comply with each of the following, as determined by the Sponsor in its sole and absolute discretion: Must be entrant s sole and original work; The motor vehicle in the Photo must be owned by the entrant; Must be a clear Photo, with the entrant and the motor vehicle clearly visible; Must not be obscene, indecent, lewd, pornographic, violent, tortious, defamatory, libelous or otherwise inappropriate; Must not contain the name/logo of any third party, including any competitor of Sponsor; Must not contain material that violates or otherwise infringes another s rights, including but not limited to privacy, publicity or intellectual property rights, like copyright, when used as provided for in these Official Rules; Must comply with Facebook s Privacy Policy and Terms of Service; Must not include the name, likeness, photograph, or other indicia identifying any person, living or dead, without that person s written permission (which can be provided to Sponsor at its request and satisfaction). Minors must not be referenced without such permission from minor s parent or legal guardian; Must not include any personal information (full name, address, telephone number, etc.); Must not contain material that promotes bigotry, hatred, or harm against any group or individual or promote discrimination based on nationality, race, gender, religion, disability, sexual orientation or age; Must not promote illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; Must not describe or depict any activity that is contrary to or violates any state or federal law or regulation; and Must not contain, facilitate, reference or use material that contains prohibited content which shall include, but is not limited to content that promotes, suggests, or encourages: o gambling, including without limitation, any content related to online casinos, sports books, bingo or poker; o the use of prostitution, pornography, nudity, profanity or other adult content, or violence; o the taking up of arms against any person, government or entity or otherwise challenge or seek to overthrow any government. 2

3 6. GENERAL ENTRY TERMS: By entering, entrant represents and warrants that included Photo is in compliance with all of the foregoing Content Requirements and grants Sponsor an unlimited, worldwide, non-exclusive license to post and use the Entry, including the photograph, in perpetuity. Ownership of Photo will remain with the entrant, unless the entrant is declared to be a winner and the Sponsor requests that winner transfer ownership of the Photo to Sponsor. The winner shall execute a rights transfer document transferring ownership of the Photo to the Sponsor, if Sponsor so requests. Once an Entry, including Photo, is entered into the Contest, any such posting will be deemed made at the direction of the entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act. Notwithstanding the foregoing, entrants hereby grant Sponsor and its parent and affiliates, agents, representatives, licensees, promotional partners, successors and assigns), and anyone authorized by and of them a royalty-free, irrevocable, worldwide, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Photos, in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes across any and all digital platforms, including but not limited to the Facebook, Twitter, Instagram, Tumblr, YouTube, etc. EACH ENTRANT REPRESENTS, UNDERSTANDS AND ACKNOWLEDGES THAT HE/SHE WILL NOT BE PAID FOR OR RECEIVE ANY FORM OF COMPENSATION OR ROYALTY (OTHER THAN BEING GRANTED THE OPPORTUNITY TO PARTICIPATE INTHE SWEEPSTAKES). Each entrant waives all intellectual property rights, privacy/publicity rights or other legal or moral rights that might limit or preclude Sponsor's use of the respective Photo and agrees not to sue or assert any claim against Contest Entities arising out of or connected to the use of the Photo. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Photo. In the event of a dispute as to any Entry, the authorized account holder (determined at time of the Entry) of the address used to make the Entry will be deemed to be the entrant and must comply with these Official Rules. The "authorized account holder" is the natural person assigned an address by an Internet access provider, online service provider or other organization responsible for assigning addresses for the domain associated with the submitted address. Each entrant may be required to show proof of being an authorized account holder. 7. Drawing and Odds of Winning: On or about 12 p.m. (noon) Pacific Daylight Time on 6/18/2018, two (2) winners, one (1) from each Entry Period, will be selected in a random drawing from all eligible entries received during the relevant Entry Period. The entrants selected as potential winners must comply with all terms and conditions set forth in these Official Rules. Winning a prize is contingent upon fulfilling all such requirements. The drawing will be conducted by the Sponsor or its designated representative, whose decision is final and binding in all matters relating to the Contest. Odds of winning depend on the number of eligible entries received during the Contest Period. 3

4 Potential winners will be notified (the "Notification") by private message on Facebook (or any other method at the discretion of Sponsor) within approximately twenty (20) days after the above-mentioned random drawing. If a potential winner cannot be contacted within twenty (20) days after the first attempt to contact such potential winner, an alternate entrant may or may not be selected as an alternative potential winner at random from all eligible entries received during the Contest Period. 8. Prizes and Approximate Retail Value (ARV): A. Prize (2, 1 for each Entry Period): Each Prize a set of Continental Tires to fit your motor vehicle, up to $1,200 retail value each ($1, ARV). B. ARV The total ARV of all Prizes to be awarded in the Contest is $2, Limit one Prize per person. C. Each Prize is nontransferable and must be accepted as awarded. No cash or other substitution may be made, except by Sponsor in the event that a Prize or part thereof cannot be awarded for any reason; in such event, Sponsor will in its sole discretion award a substitute Prize or part thereof of equal or greater value. Subject to the conditions herein, all Prizes will be awarded. Each winner is solely responsible for the following in relation to a Prize awarded to him/her: a) any and all applicable taxes (including but not limited to the following taxes: federal, state, local taxes and sales tax); and b) any and all applicable fees and expenses that are not specifically set forth herein as included with a Prize and are related to the acceptance, award, installation, use and enjoyment of a Prize (including but not limited to the winner s sole responsibility where applicable for: installation [including any required motor vehicle/engine modifications and/or required additional parts/components], emissions inspection(s), motor vehicle registration, motor vehicle license, motor vehicle title, insurance, gas, maintenance, service fees, usage fees, personal expenses, meals and incidentals). Except for any applicable standard manufacturer written warranty statement that may be provided with a Prize, Sponsor is awarding each Prize on an AS-IS basis without warranty, guaranty or representation of any kind express or implied, including without limitation any implied warranty of merchantability, fitness for a particular purpose, usability by a winner, or where applicable legality for use in a winner s state or compliance with emissions regulations. 9. Prize Fulfillment/Publicity/Release: Each potential winner will be required to sign and return an Affidavit, Waiver, Release and Indemnity Agreement, within twenty (20) days of the date of notification, failing which that potential winner will be disqualified and another winner may or may not selected in the place of the disqualified person at random from all entries received. In addition, each potential winner may be required to provide vehicle registration and/or title at the request of Sponsor to prove that the winner is the owner of the motor vehicle in the Photo. If a Prize has an ARV of $600 or more then the winner of that Prize must also provide his/her social security number or taxpayer identification number and complete an IRS 4

5 form W-9. If a winner is a minor in his/her state of residence, all required documents (the Affidavit of Eligibility, Liability Release, and Publicity Release) must be executed by the winner's parent or guardian. If any Prize or Prize notification is returned as non-deliverable, the potential winner will be disqualified and another random drawing will be held to select a potential replacement winner. Notwithstanding the foregoing, at no time Sponsor shall not be required to hold more than three (3) drawings to select substitute winner for a Prize. Allow 6 to 8 weeks for verification and shipment of a Prize. 10. Release: By participating in the Contest and/or accepting a Prize, an entrant/winner agrees to defend, release and hold harmless the Sponsor, Continental AG, sponsors and exhibitors of the Event (and where applicable any supplier of a service or product included with a Prize) and their respective parents, subsidiaries, affiliates, divisions, advertising and promotion agencies, and the foregoing companies officers, directors, shareholders, members, managers, employees, representatives, agents and all others associated with the development and execution of the Contest (collectively the Releasees ) from and against any actions, claims and/or liability for injury, loss or damage of any kind (including any for the violation or infringement of any proprietary or personal right of any individual or entity, and any personal injury, death and/or property damage) resulting in whole or in part, directly or indirectly, from participation in the Contest, and/or the use, acceptance, or possession of a Prize, and/or participation in a Prize-related activity. By participating in the Contest and/or accepting a Prize, an entrant/winner consents to and gives the Sponsor and its representatives, licensees, assignees, parents, subsidiaries, affiliates, divisions, advertising and promotion agencies (collectively the Licensees ): a) The right to photograph/video a winner and a winner s property (including an awarded Prize); and b) The right in perpetuity to use, reuse, publish and display an entrant s/winner s name, address, entry form information, statements, quotes, opinions, blog(s), picture, portrait, likeness, voice, video, photograph(s), biographical information, Prize information, and winner-submitted photograph(s)/video/text (in whole or in part, as may be adapted, edited or modified, as solely determined by licensees) for advertising, trade, publicity and promotional purposes in any media now known or hereafter discovered, worldwide, and on the World Wide Web, without review, notification or approval, all without limitation or additional consideration, unless prohibited by law. 11. Limitation Of Liability/Disputes: Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any Prize(s) awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan or the appropriate Michigan State Court located in Oakland County, Michigan; (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, but in no event attorneys fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and each 5

6 entrant hereby waives all rights to claim, indirect, 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. 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 Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan. Entrants agree that the statute of limitations for asserting any claims with respect to this Contest shall be no longer than a period of one (1) year from the time the cause of action accrued, or the cause of action shall be forever barred. 12. Miscellaneous: All entries become the sole property of Sponsor and none will be acknowledged or returned. In the event of a dispute, an Entry will be deemed made by the authorized account holder of the Facebook account used at the time of entry. The "authorized account holder" is deemed the natural person who is assigned to Facebook account by Facebook. A potential winner may be requested to provide Sponsor with proof that the potential winner is the authorized account holder of the address associated with the winning entry. If for any reason the Contest is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, human error or any other causes beyond the control of Sponsor that corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Contest, Sponsor reserves the right in its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any private message on Facebook or entry to be received by Sponsor on account of technical problems or traffic congestion on the Internet or on the Page, any combination thereof, or otherwise, including any injury or damage to entrant's or any other person's computer related to or resulting from participation or downloading any materials in the Contest. Sponsor is not responsible for late, lost, illegible, incomplete, stolen, or misdirected entries. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY THE PAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Subject to all federal, state and local laws and regulations. Void where prohibited or restricted. In the event of any conflict with any Contest details contained in these Official Rules and Contest details contained in any Contest-related 6

7 materials (including but not limited to point of sale, television, and print advertising, promotional packaging, and other promotion media), the details of the Contest as set forth in these Official Rules shall prevail. 13. Use Of Information: The collection and use of entrant information will be governed by Sponsor's online privacy policy, available for viewing at Winners List: A winners list will be available by sending a self address stamped envelope by 8/31/18 to: Hot Rod Power Tour on Contis Contest, Winners List, 831 S. Douglas St., El Segundo, CA Winner s list will be available until 7/31/ Sponsor: Motor Trend Group, LLC, (owner and publisher of Hot Rod Magazine and whose address is 831 South Douglas Street, El Segundo, CA This Contest in no way sponsored, endorsed or administered by, or associated with, Facebook. 7