NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN ONLY TO LEGAL RESIDENTS OF THE U.S. (D.C.), AGES 18 AND OLDER, WITH A TWITTER ACCOUNT AND A PUBLIC INSTAGRAM ACCOUNT. VOID WHERE PROHIBITED BY LAW.
USE CAUTION AND COMMON SENSE WHEN PARTICIPATING IN THIS CONTEST. RESPECT AND ENSURE THE SAFETY OF YOURSELF AND OTHERS. DO NOT TRESPASS OR HARM ANYONE’S PROPERTY.
The Red Bull King of the Rock Instagram Contest (“Contest”) call for entry period begins on September 5, 2012 at 12:00:00 a.m. Pacific Time (“PT”) and ends on September 11, 2012 at 11:59:59 p.m. PT (“Promotion Period”). The Contest is open to legal residents of the 50 United States and the District of Columbia, who are at least 18 years of age and the age of majority in their jurisdiction of residence at time of entry. Void where prohibited. Employees of Red Bull North America, Inc. (“Sponsor”) and its parent companies, subsidiaries, affiliates, advertising agencies, public relations agencies, prize suppliers, including any vendors providing services in connection with this Contest (collectively, the “Sponsor Affiliates”), and employees, agents, directors, officers (including members of their immediate family – i.e., spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren – or those living in the same household) of Sponsor or any Sponsor Affiliates are not eligible to participate. Contest is subject to all applicable federal, state, and local laws. To participate, entrants must have a Twitter® account and an Instagram® account that is open to the public (an account where anyone can subscribe to follow your photos). You are not eligible to participate if your Instagram account is set to the special private option (where a user must approve all follow requests).
During the Promotion Period, (i) take a picture of yourself with a basketball in hand in a unique or unexpected location; and (ii) upload the image to Instagram and include both “@redbullSFO” and “#TakeMeToTheRock” in the caption for the uploaded photo. Each submitted entry must meet all of the Required Representations and Warranties set forth below. Failure to complete any step outlined in, or to follow any of, these Official Rules will result in disqualification of attempted entry.
You may submit as many entries as you wish. Sponsor is not responsible for lost, late, misdirected entries or entries not received regardless of cause. In the event of a dispute over who submitted an entry, the entry will be deemed to have been directly submitted by the authorized account holder of the primary e-mail address associated with the Instagram account identified or the Instagram account identified, as applicable to the manner of entry). The authorized account holder is deemed to be the natural person who is assigned to the e-mail address associated with the submitted email account by the relevant entity responsible for assigning e-mail addresses for the relevant domain. Entries become the property of Sponsor and will not be returned.
In the planning, creation, and distribution of your entry (including, without limitation, the submitted image), you warrant and represent that you will abide by all laws, regulations, and ordinances and that you will not harm, attempt to harm, or threaten to harm any person (including yourself) or property. You further warrant and represent that you will take the highest level of care in planning, creating, and distributing your entry (including, without limitation, the submitted image).
REQUIRED REPRESENTATIONS AND WARRANTIES:
To be eligible, all entries (including, without limitation, the submitted image) must comply with the following criteria:
(i) Your entry and image must be your own original work, created by and/or featuring you; must not have been previously published, released or distributed in any form; must not have been entered into any other drawing or competition nor won any award; and must not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity. Modification of an existing image does not count as original for purposes of this Contest. The entry and image must not contain any material that would violate or infringe upon the rights of any third party, including without limitation copyrights, trademarks or rights of privacy or publicity, or that is defamatory, threatening, indecent, obscene or offensive, or that is unlawful, in violation of or contrary to any applicable laws or regulations, or which requires a license from any third party
(ii) You represent that you have 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, you 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 (e.g., phone number, address, etc.).
(iii) Excepting those of Sponsor, the entry and image must not feature or substantially reference (as determined solely by Sponsor) any names, products or services of any company or entity or any third party trademarks, logos, trade dress or promotion of any brand, product or service.
(iv) The entry and image must be appropriate for public viewing. Without limiting the foregoing, the entry and image must not be lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, violate any laws or otherwise contain content which Sponsor in its sole discretion decides is inappropriate or objectionable.
Entries that do not comply with the above requirements may not be eligible and, if submitted, may be removed at any time in Sponsor’s sole discretion. Sponsor reserves the right in its sole 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. Entrants agree to reimburse Sponsor and Sponsor Affiliates in full in respect of any losses, damages, and expenses, including reasonable attorney fees that they may sustain from the breach of a representation or warranty made by the entrant or the use of any rights granted by the entrant to Sponsor hereunder. By entering, entrant warrants that the submitted entry and image comply with the entry requirements set out above including those at (i)-(iv) above. By entering, entrant grants to Sponsor a perpetual, irrevocably, non-exclusive, worldwide, royalty-free, sub-licensable, assignable license to reproduce that entry and image and to otherwise use, exploit, copy, modify, adapt, edit, publish and display the entry image in any form, manner, venue, media or technology now known or later developed for any and all purposes, including, without limitation, for purposes of trade, advertising, and promotion as Sponsor and its licensees or assignees determine, without further compensation, notification, or permission. Further, by entering, the entrant hereby waives any moral rights the entrant may have in the entry and/or image in favor of the Sponsor. At Sponsor’s request and in its sole discretion, entrants may be required to execute an assignment and release transferring all rights and ownership of their entry and/or image to Sponsor, the form of such assignment to be determined by Sponsor.
The time shall be determined by Sponsor’s timekeeping systems, and Sponsor may also rely on time processing of Instagram. Sponsor shall have the sole discretion in determining the timeliness of any action or inaction related to this Contest.
Sponsor reserves the right to disqualify any entrant in its sole discretion. If any process fails to operate properly or appears to be tampered with or tainted with errors, fraud or unfair practices, Sponsor reserves the right to use another means to determine the winner(s), i.e. ask Judging Panel (defined below) to determine qualifying entries. All entries are subject to verification.
On or around September 12, 2012, a judging panel that consists of qualified representatives selected by Sponsor (the “Judging Panel”) will review the eligible entries. The Judging Panel will judge such eligible entry based on the following criteria: (a) creativity, (b) originality, and (c) appropriateness for the Contest theme. The Judging Panel will determine one (1) potential winner for the Contest. To be clear, the Judging Panel may judge multiple entries that submit similar images; in such a case, the Judging Panel may consider the timing of such entries in making its decision but will not be bound to designate as a potential winner the first submission of such similar photos.
All winners are subject to verification.
PRIZES: The one (1) Grand Prize Winner shall be awarded two (2) tickets to the 2012 Red Bull King of the Rock Finals scheduled to be held in San Francisco, CA on September 22. The prize includes paid travel arrangements to San Francisco, CA and hotel accommodations as follows: round-trip airfare for Grand Prize Winner and one (1) guest (guest restrictions below), coach class, between a major airport near Grand Prize Winner’s residence and an airport in or near San Francisco, CA, in Sponsor’s sole discretion (arriving September 21, 2012 and departing September 23, 2012); hotel accommodations for two (2) consecutive nights (September 21 and 22, 2012) and at a hotel of Sponsor’s selection in or around San Francisco, CA (one standard room/double occupancy); hotel transport. Total approximate retail value of prizes: US $2,000.
Any and all travel arrangements must be made through Sponsor’s agent. Any other costs and expenses associated with prize acceptance and use not specifically provided herein (such as security fees, gratuities, luggage fees, meals and transportation, and incidental charges) are the responsibility of the winner and his/her guest. Ground transportation may be provided in lieu of air transportation if finalist resides within a 100 mile radius of destination, and no compensation or substitution will be provided for difference in value. Finalist and travel companion must possess and show valid travel documents, prior to departure (e.g. valid driver’s license, passport, or other acceptable government-issued identification). Any travel guest must be eighteen (18) years of age or older and the age of majority in his/her jurisdiction of residence. Winner and travel guest must sign a Release of Liability/Publicity prior to any ticketing for travel. Once airline tickets have been ticketed, no changes by finalist will be permitted. Sponsor will determine airline, airports, flight itinerary, and hotel in its sole discretion. Travel and accommodation restrictions, conditions, and limitations may apply. Sponsor will not replace any lost, mutilated, or stolen tickets or travel vouchers.
All prizes are awarded "AS IS." Neither Sponsor nor Sponsor Affiliates make offer any warranty or guarantee, either express or implied (including, without limitation, quality, merchantability and fitness for a particular purpose) in connection with this Contest or any prize. Prize details and availability are subject to change, in which case a prize of equal value may be substituted at Sponsor's sole discretion. Prizes consist only of the items listed, are non-transferable, with no cash redemption or substitution except at Sponsor's sole discretion. Prizes are subject to terms, conditions, expiration dates, and restrictions imposed by the manufacturer of the prize or issuer in the case of a gift card or similar instrument. Federal, state, and local taxes on prizes, if any, and any other costs, fees and expenses not listed above as specifically included as part of the prize are the sole responsibility of winner and winner’s guest. An IRS form 1099 will be issued by Sponsor if required by law.
The odds of winning any prize depend upon the number of completed entries received.
On or around 12:00 pm PT on September 12, 2012, the potential prize winner(s) will be asked to provide a Twitter account. Then Sponsor will notify the potential winner via Twitter direct message. If a potential winner does not respond within nine (9) hours after the first attempted contact from Sponsor (whether requesting a Twitter account, a direct message, or any other communication), he or she will be disqualified and the prize awarded to an alternate winner as determined by the Judging Panel.
By entering and/or participating, entrants agree
(ii) that the decision of the Sponsor is final and binding on all matters relating to the Contest;
(iii) to be contacted by Sponsor by e-mail, telephone and/or mail; And
(iv) to release and hold Sponsor and the Released Parties (defined below) from and against any and all liability for injuries and/or damages (including death) sustained in connection with acceptance, possession, use and/or misuse of a Prize or related to participation in the Contest.
PUBLICITY & MARKETING:
NO LIABILITY & INDEMNIFICATION:
By entering this Contest, you agree to release, discharge and hold harmless Sponsor, Sponsor Affiliates, Instagram, Inc., Twitter and their respective directors, officers, employees, agents and assigns (the “Released Parties”) from any claims, losses, and damages arising out of, or relating to, your participation in this Contest or any Contest-related activities and the acceptance and use, misuse, or possession of any prize awarded hereunder (including, without limitation, any misrepresentation made by the entrant in connection with the Contest; any non-compliance by the entrant with these Rules; claims brought by persons or entities other than the parties to these Rules arising from or related to the entrant’s involvement with the Contest; acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in this Contest; any malfunction, error or other problem arising in connection with the collection, processing, or retention of entry information; or any typographical or other error in the printing, offering or announcement of any prize or winner). The foregoing includes, without limitation, any claim for personal injury, property loss or damage, or death arising in any way in connection with the Contest.
Decisions of Sponsor on all matters related to the Contest are final. Sponsor reserves the right to cancel or modify the Contest for any reason, including but not limited to, if fraud, misconduct or technical failures destroy the integrity of the Contest, or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper administration of the Contest as determined by Sponsor, in its sole discretion. Sponsor reserves the right to disqualify or prohibit the participation of an individual if fraud or tampering is suspected, or if the individual fails to comply with any requirement of participation or with any provision in these Official Rules. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL & CIVIL LAWS. SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND/OR SEEK DAMAGES FROM ANY INDIVIDUAL MAKING ANY SUCH ATTEMPTS TO THE FULL EXTENT PERMITTED BY LAW.
GOVERNING LAW & MANDATORY ARBITRATION:
Any disputes arising under this Contest and/or these Official Rules will be governed by the internal laws of the State of California. Sponsor and each entrant agree that any such claim or dispute between the parties, or between a party and any agent, employee, successor, or assign of the other, related to this Contest and/or these Official Rules (including the applicability of this arbitration clause) shall be resolved by binding arbitration administered by the JAMS under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS’ website (www.jamsadr.com) or by calling JAMS at 949-224-1810. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.
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.
NO AFFILIATION WITH TWITTER OR INSTAGRAM:
This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram, Twitter, or any named or depicted third party sponsors. Any questions, comments or complaints regarding the Contest should be directed to Sponsor.
To obtain a list of winners, visit http://win.gs/kotrinst.
Red Bull North America, Inc., 1740 Stewart Street, Santa Monica, CA 90404.