MY MINN KOTA CONTEST - RULES & REGULATIONS
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- Oscar Martin
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1 MY MINN KOTA CONTEST - RULES & REGULATIONS DESCRIPTION OF THE CONTEST: The "My Minn Kota Contest" (the "Contest") is sponsored by Minn Kota - Johnson Outdoors Marine Electronics, Inc. (the "Sponsor"). The Contest is designed to give eligible entrants (each an "Entrant") the opportunity to submit entries (a photo, title and explanation in the form of a description) of oneself along with their Minn Kota product. Minn Kota product must be visible to be eligible. The first 35 entrants who submit a valid entry will receive a Minn Kota hat. One entrant will be chosen at random from the total entrants at end of Contest to receive a Minn Kota Prize Pack (stated in Section 5) in accordance with these Official Rules. 2. ELIGIBILITY: The Contest is open only to legal residents of the fifty (50) United States, District of Columbia, and Canada, who are at least 18 years of age at the time of entry. The Contest is intended for viewing and participation in the United States only and shall be construed and evaluated only according to United States law. Do not proceed if you are not located in the United States at time of entry. Void where prohibited by law. Employees of Sponsor, and its respective parents, subsidiaries, affiliates, promotion and advertising agencies ("Sponsor Entities"), and members of their immediate families (spouses and parents, children and siblings and their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are not eligible to enter or win. The Contest is subject to all applicable federal, state and local laws. 3. HOW TO ENTER: NO PURCHASE NECESSARY. Contest begins at 9:00am CST on April 30 th, 2013, and ends at 12:00am CST on May 13 th, 2013 ("Contest Period"). Entries must be submitted during the Contest Period. Limit one (1) Entry per person. Multiple entries from the same person will result in disqualification of all entries submitted by that person. To enter, you must submit your entry using the entry form on MINN KOTA s Facebook page ( and follow the instructions on the site. No other method of entry will be accepted. You must provide your full name, valid address, telephone number, mailing address, etc. all applicable form data. Sponsor or its designated representatives reserve the right to disqualify any Entry that does not conform to these Official Rules as determined by Sponsor in its sole discretion. Incomplete or illegible entries will not be considered. Sponsor's clock is the official clock and sole determinant for the purposes of a valid Entry in this Contest. The Entry is time stamped when the Entrant clicks on the Submit button at the completion of the Entry process. By participating, each Entrant covenants, warrants and represents that such entrant s Entry is the original work of the Entrant, has not been previously published, has not won previous awards, and does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the Entry contains any material or elements that are not owned by the Entrant, or which are subject to the rights of third parties, the Entrant is responsible for obtaining, prior to entry, any and all releases and consents
2 necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Entry. In the case of individuals appearing recognizably in the Entry who are under the age of eighteen, Entrant must obtain written permission from the minor's parent or guardian. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any Entrant at any time. Failure to provide such requested proof may, in Sponsor s sole discretion, render the Entry null and void. By submitting an Entry, the Entrant represents and warrants that the Entrant and any other identifiable person in the Entry have consented to the Entry and its use in accordance with these Official Rules. Entry is restricted to original works that have not previously been published and to which the entrant holds the rights. Works that have been submitted to other previous or ongoing contests will not be accepted. The contest is open to amateurs only. If you make an income from the sale or publication of your photographs or are a member of a professional photographers association you are not eligible to enter in the contest. 4. ENTRY REQUIREMENTS: Entries may be serious or humorous, but should be creative and original. Entries must meet criteria below. You must retain a copy of your Entry in its original format after uploading it to the Site. Entrants must like the MINN KOTA Facebook page to be eligible to win. Minn Kota product must be visible to be eligible. The Entry must not contain or reference any names, products, trademarks, logos, or trade dress of any company or entity, besides those belonging to Johnson Outdoors Inc., its subsidiaries and affiliates. Entry specifications: Format: JPG or GIF. Images that have been retouched using software or by other means will be accepted. Both color and monochrome images will be accepted File size: Up to 5 MB. (Resolution 150 dpi recommended) A title and a description must be provided Entrants may be requested to provide higher resolution images for publication or display purposes related to the contest Text Length: 1500 characters or less The Entry must be your own original work, created solely by you; must not have been previously published, released or distributed in any form; must not have won any award; and must not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity. The Entry must contain a photo, a title and a text description. Photos, or any other form of intellectual property, used in the Entry must be original and/or not require any additional clearances for Sponsor to use or post on public websites or to use in public forums of any kind. If any persons appear or are referred to in the Entry, Entrant is solely responsible for obtaining consent of that person, or in the case of minors, permission from the minor's parent or guardian, prior to submitting the Entry. Entries that are lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, violent, libelous, or that otherwise contain inappropriate content or objectionable material
3 may not be submitted and may be removed at any time in Sponsor's sole and unfettered discretion. You may not be, nor may you work with parties in conjunction with your Entry who are: 1) represented under contract (e.g., by a talent agent or manager) that would limit or impair Sponsor's ability to display your Entry in any media form; 2) subject to an acting or modeling contract that would make your/their appearance in the Entry a violation of any third-party rights; or 3) under any other contractual relationship, including but not limited to guild and/or union memberships, that may prevent Sponsor from being able to use the Entry worldwide in all media in perpetuity on a royalty-free basis, without any payment or fee obligations. Sponsor reserves the right in its sole and unfettered discretion to disqualify any Entry that it believes violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these Official Rules or the Site Usage Agreement for the Site. The decisions of Sponsor on this and all matters pertaining to the Contest shall be final and binding with no right of appeal. Entrants indemnify and hold Sponsor harmless from and against any suits, claims, losses, damages and expenses, including reasonable attorney fees that may arise from or in connection with any Entry and the use and or display of the Entry. 5. PRIZE: One (1) Minn Kota hat will be awarded to the first 35 entrants who submit a valid entry. Sponsor's clock is the official clock and sole determinant for the purposes of a valid Entry in this Contest. The Entry is time stamped when the Entrant clicks on the Submit button at the completion of the Entry process. One (1) Main Prize (the "Prize") will be awarded to the entrant selected at random from all entries received during the Entry Period. The Prize will include a Minn Kota Prize Pack containing the following gear with an approximate retail value of $225: (1) Minn Kota tan hat (2) Minn Kota black can coolers (1) Minn Kota notebook (1) Minn Kota blue Angler shirt size L (1) Minn Kota black Sweatshirt size XL (1) Minn Kota gray Frogg Toggs Rain suit size large L/XL (1) Minn Kota black travel blanket (1) Minn Kota blue tackle bag (1) Minn Kota yellow/black beach ball Sponsor reserves the right to substitute Prize pieces assuming similar approximate value. The Prize is neither refundable nor transferable. The Prize will only be awarded to the Entrant whose full name and valid address and mailing address appears on the Entry form and who also likes the MINN KOTA Facebook page. Please allow four weeks to receive the Prize from the date of being declared the winner in accordance with these Official Rules. Sponsor is responsible for delivery of the Prize only. Regular product warranty applies. Each Entry will be tied to one Entrant. If more than one person works together on an entry, the Entry will be entered under the name of the person submitting the Entry and that person shall be awarded the Prize if that Entry is selected as the winning Entry. It will be the sole responsibility of the winning Entrant to distribute the prize to any other participants.
4 6. WINNER SELECTION PROCESS: On May 14 th, 2013, one (1) entrant will be selected at random from all entries received during the Entry Period. Odds of winning depend on total number of eligible entries received during the Contest Period. The Prize winner will be notified via or phone no later than May 15th, The Prize winner will be announced on or around May 16th and posted on the Site. An will be sent to the address provided by Entrant during the Entry process and the phone number provided by Entrant during the Entry process will be used. 7. GRANT OF RIGHTS AND ORIGINALS: By entering the Contest, Entrant agrees, acknowledges and understands that the Entry may be posted and/or shared on the Site or other third party sites including social media for viewing by the general public. Furthermore, Entrant grants the Sponsor in perpetuity a nonexclusive license to publish, display, reproduce or otherwise use the Entry for the Sponsor and its designees in its sole discretion whatsoever and without further notice or compensation. Sponsor does not guarantee the posting of any Entry and reserves the right not to post an Entry, or remove an Entry once posted, for any or no reason. All Entries become the exclusive property of Sponsor. Winners agree to sign any documents that may be necessary to affect the assignment of the licensing rights. Except where prohibited, Entrant hereby grants to Sponsor the non-exclusive, royalty-free, transferable and sub-licensable right and permission to use Entrant's name, likeness, voice, opinion and biographical information and the name, likeness, voice, opinion and biographical information of any identifiable person appearing in the Entry for publicity or promotional purposes. If you are selected as a winner, you may be asked to provide Sponsor with your Entry in its original highest-quality format. Failure to do so may result in disqualification, and the selection of an alternate winner. 8. CONDITIONS OF PARTICIPATION: Conduct. Sponsor reserves the right in its sole discretion, to modify the terms and conditions of the Contest, cancel, terminate, and/or suspend the Contest and to disqualify any Entrant that tampers with the entry process, violates these official rules, or acts in a disruptive or unsportsmanlike manner. Without limiting the foregoing, Sponsor may reject any Entry, if in Sponsor's sole judgment, the Entrant has been disqualified, has questionable eligibility or is otherwise ineligible to enter or participate. ANY PERSON WHO ATTEMPTS DELIBERATELY TO UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL PENALTIES AND FINES; SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves sole discretion to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest. Sponsor reserves the right to select winners from eligible Entries received during the Contest Period. If there is a dispute as to the identity of the Entrant, the prize will be awarded to the authorized account holder of the address. The "authorized account holder" is defined as the natural person to whom the address is assigned by an Internet provider, online service provider or other organization such as a business or educational institution that is responsible for assigning addresses for the domain associated with the submitted address. An Entrant may be required to provide proof that he/she is the authorized account holder of the address associated with the selected Entry.
5 Incidents. Without limiting the foregoing, Sponsor may modify, cancel, terminate, and/or suspend the Contest if, in Sponsor's sole opinion, an incident of any kind occurs to corrupt or impair the administration, security, integrity, fairness or play (as intended) of the Contest, including without limitation: (i) earthquake, flood, fire, storm or other natural disaster, act of God or (ii) labor controversy or threat thereof, civil disturbance or commotion, disruption of the public markets, war or armed conflict (whether or not officially declared). Releases and Affidavits. Before being declared a winner, the selected Entrant must complete and return an Affidavit of Eligibility, a Waiver and Release, and, except where prohibited, a Publicity Release, within five (5) calendar days of the date stated on the prize Notice. Liability Release. By participating in this Contest all Entrants agree to release, indemnify and hold harmless Sponsor and Sponsor Entities from and against any liability, injury, death, loss or damages to Entrant or any person or entity, including without limitation damage to personal or real property, caused in whole or in part, directly or indirectly, by reason of their participation in this Contest (or related activities) or their acceptance, possession or use/misuse of a prize. Entry Errors/Internet. Sponsor is not responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected Entries. Sponsor is not responsible for lost or late Entries, theft or destruction or unauthorized access to or alterations of an Entry, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any Web site or any combination thereof. If for any reason the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, the Sponsor reserves the right at its sole discretion to terminate the contest. 9. PRIVACY: By participating in this Contest, Entrant grants to the Sponsor the right to use his/her likeness and name, mailing address, including city of residence, telephone number and address ("Personal Information") without further permission or compensation for the purpose of administering the Contest including but not limited to, contacting and announcing the winner, and acknowledges that the Sponsor may disclose the Personal Information to third parties or service providers of the Sponsor in connection with the foregoing. By accepting a prize in this Contest, winner grants to the Sponsor the right to use their Personal Information including any photographs or comments for publicity and promotional purposes relating to the Contest without compensation or further permission and acknowledges that the Sponsor may disclose the Personal Information to third parties or service providers of the Sponsor in connections with the foregoing. These Contest Rules supersede Sponsor's Online Privacy Policy located at: GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of participants or Sponsor in connection with the Contest shall be governed by and construed in accordance with the internal laws of the state of Wisconsin, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state laws. Claims may not be resolved through any form of class action. Venue for all suits will be in federal or state courts located in Racine, WI.
6 11. SEVERABILITY: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. 12. SPONSOR: The Sponsor of this Contest is Minn Kota - Johnson Outdoor Marine Electronics, Inc., 555 Main Street, Racine, WI, United States of America, Phone: , Facsimile: FACEBOOK: By entering contest, Entrant acknowledges the promotion is in no way sponsored, endorsed or administered by, or associated with Facebook. Entrant fully releases Facebook from any liability. Entrant is providing information to contest sponsor and not to Facebook.
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