LEX BRODIE’S TIRE: “WHERE DO YOUR TIRES TAKE YOU” PHOTO CONTEST.
Official Rules (as official as we can make them) =)
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. INTERNET ACCESS REQUIRED.
1. Eligibility: LEX BRODIE’S TIRE: “WHERE DO YOUR TIRES TAKE YOU” PHOTO CONTEST(the “Contest”) is open only to legal residents of the Big Island of Hawaii who are at least eighteen (18) years old at the time of entry. Employees of Hawaii Tire Co. dba Lex Brodie’s Tire & Service Center, and immediate family members (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: LEX BRODIE’S TIRE & SERVICE CENTER, 170 WIWOOLE STREET, HILO, HAWAII 96720. This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook.
3. Timing: The Contest begins on September 1, 2017 at 12:00:01 a.m. Pacific Time ("PT"), and ends on September 30, 2017 at 11:59:59 p.m. PT (the "Promotion Period”). Sponsor’s computer is the official time-keeping device for the Contest.
4. How to Enter: During the Promotion Period, entrants (each an “Entrant”) must visit www.facebook.com/LexBigIsland (“Lex Brodie’s Tire & Service Center-Big Island Facebook Page”) and submit an entry (“Entry(ies)”) by: (1) clicking on the “WHERE DO YOUR TIRES TAKE YOU PHOTO CONTEST” tab; (2) uploading an original photo of your adventure on the Big Island of Hawaii showing your vehicle, tires and location (see Sections 5 & 6 below for photo content details); (3) entering a caption for the photo explaining where you are (caption will be visible to the public); (4) confirm that only images of yourself appear in the photo (applicable if any images of people appear in the photo);(5) agreeing to these Official Rules;(6) and You are the legal owner of the vehicle pictured in the photo.
Once submitted, an Entry cannot be deleted, canceled, or modified. You may submit only one (1) Entry per day throughout the Promotion Period. Multiple Entrants are permitted to share the same email address and/or Facebook account. In the event of a dispute as to any registration, the authorized account holder of the email address linked to the Facebook account used to register will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being an authorized account holder.
5. Certain Entry and Content Terms:
i. Each Entry must depict the Entrant’s definition- “Where does your tires take you to enjoy the Big Island Lifestyle” and be accompanied by an original caption. Each Entry will be judged based on the photo and caption as specified in Section 7 (“Winner Selection”) below.
ii. Entrant assumes all risks associated with the creation and production of the Entry. Sponsor is not responsible for any injury, damages, expenses or death incurred in the production, creation or delivery of the Entries. Entrant must comply with all applicable laws and behave in a safe and responsible manner in the production and creation of the Entry.
iii. Entrant agrees and understands 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.
iv. Each Entry must be: (a) be an original creation of the submitting Entrant; (b) be under no restriction, contractual or otherwise, that will prevent Sponsor’s use of the Entry; and (c) be free of any and all liens, encumbrances and claims of third parties.
v. Entrant acknowledges, agrees and warrants that, (a) Entrant’s Entry and all content thereof is the original work of Entrant (the “Entry IP”); (b) only images of Entrant appear in the Entry (applicable if any images of people appear in the Entry); (c) Entrant owns all right, title and interest in the Entry IP; (d) the Entry IP does not infringe upon any intellectual property rights or other rights of any third party or violate any applicable laws; (e) nothing in the Entry infringes 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 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. Modifying, enhancing or altering a third party’s preexisting work does not qualify as Entrant’s original work.
vi. By entering the Contest and/or submitting an Entry, Entrant hereby grants to Sponsor a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, reference, store, cache, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Entry in any form, medium or technology now known or later developed, in whole or in part, for any purposes. Entrant also grants Sponsor the right to sublicense these rights to third parties. You agree that neither Sponsor nor any third party has any obligation to provide any compensation to you for your Entry or the licenses granted herein. 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, 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.
vii. Entrants are responsible for securing necessary permissions, location releases, and licenses for any visual material contained in the Entries.
6. Entry Content Restrictions: Entries must not contain material that:
i. Contains an image or likeness of any person other than the Entrant;
ii. References tobacco, smoking or smoking products or alcoholic beverages, or otherwise contains or depicts someone smoking or intoxicated;
iii. Violates or infringes another’s rights, including without limitation, privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
iv. 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;
v. Contains any unacceptable clothing or adornments, 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);
vi. 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;
vii. References persons or organizations without their written permission;
viii. Disparages any persons or organizations;
ix. Includes threats to any person, place, business, or group; or
x. Is unlawful, in violation of or contrary to all applicable federal, state, or local laws and regulations.
If you are a copyright owner and you believe your copyrighted materials have been used in a way that constitutes copyright infringement, please see our DMCA Notice Policy.
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.
7. Winner Selection: The top 10 entries will be selected and the winners will be announced on October 4, 2017. October 5, 2017 through October 12, 2017 you will have 8 days to tell your family and friends to like and comment the photo. The photo with the most likes and comments will be chosen as the overall winner. The grand prize winner will be announced on October 16, 2017.
All Entries received will be judged by a panel of Sponsor’s employees who are skilled in the field of creative marketing, media and advertising. The Entries will be judged according to the following factors: (1) artistic composition of the photo; (2) photo caption; and (3) an image showcasing your vehicle and tires enjoying life on the BIG ISLAND. The panel of judges will evaluate the Entries based on the above factors and select the Best Entries. The decision made by the judging panel is final and non-appealable.
One (1) Winner will win a set of 4 Cooper Tires valued up to $1600.00. Tires must be mounted to the winner’s vehicle. Vehicle must be registered in Winners name. Winner agrees to pay the difference in price if tires for their vehicle require a larger size; which in turn will exceed the cost of the 1600.00 prize offer. Winner does not get to have the difference in cost if the tires that are required for their vehicle is valued under $1600.00. NO CASH PRIZES. Winner has up to One (1) year to mount tires to their vehicle.
Sponsor shall not be engaging an independent judging organization. Sponsor’s decisions as to the administration and operation of the Contest and the selection of the potential winners are final and binding in all matters related to the Contest. All potential winners will be notified by email on or about October 4, 2017, or as soon thereafter as reasonably practicable. Except where prohibited, each potential winner may be required to sign and return an Affidavit of Compliance and/or a Liability and Publicity Release (collectively the “Affidavit and Release”) which must be received by Sponsor, within five (10) days of the date notice or attempted notice is sent, in order to claim the prize. If a potential winner of any prize cannot be contacted, or fails to sign and return the Affidavit and Release within the required time period, the potential winner forfeits the prize. Receiving a prize is contingent upon compliance with these Official Rules. In the event that a potential winner is disqualified for any reason, the forfeited prize will remain unawarded or Sponsor may award the prize to an alternate winner. Sponsor will contact winners one to two weeks after winners are officially confirmed to make arrangements for prize fulfillment.
For All Prizes: Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize (or a component thereof) for one of equal or greater value if the designated prize should become unavailable for any reason. Actual prize may differ from promotion images. Winner will be solely responsible for all, as applicable: sales tax and all other federal, state, local or other tax liabilities; and all other fees and expenses associated with receipt and use of any prize. Sponsor makes no representation or warranty that any of the prizes can be sold, bartered, or traded for at the stated ARV. Values are subject to market conditions, which can fluctuate and any difference between actual market value and ARV will not be awarded. All prizes are awarded “AS IS.” Sponsor has not made and is not responsible for any warranties, representations, or guarantees, express or implied, in fact or law, relating to the prize, including, without limitation, their quality, mechanical condition, merchantability, or fitness for a particular purpose.
9. Release: By receipt of any prize, winners agree to release and hold harmless Sponsor, Administrator, Facebook, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize or participation in any Contest-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery.
Entrants and winners further understand and agree that all rights under Section 1542 of the Civil Code of California ("Section 1542") and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
10. Publicity: Except where prohibited, participation in the Contest constitutes each winner’s consent to Sponsor’s and its agents the perpetual, irrevocable and royalty free right to use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for any marketing and/or promotional purposes whatsoever in any media now or hereafter known, worldwide, without further payment or consideration.
11. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, 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. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
12. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Contest or receipt or use or misuse of any prize. If for any reason an Entrant's Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry in the Contest, if it is possible. No more than the stated number of prizes will be awarded.
13. Disputes: Except where prohibited, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court located in Orange County, California; (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 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 California without giving effect to any choice of law or conflict of law rules.
15. Official Rules: For a copy of these Official Rules send a hand-printed, self-addressed, return postage stamped envelope to: Official Rules – Lex Brodie’s Tire, 170 Wiwoole Street, Hilo, Hawaii 96720.