Our Time to Shine Contest
NO PURCHASE NECESSARY
THE CONTEST IS OPEN ONLY TO 21 YEAR OLD RESIDENTS OF THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
1. THE CONTEST PERIOD: The Our Time to Shine Contest (the “Contest”) begins on Friday, May 23, 2014 at 12:00 PM (noon) Eastern Time (“ET”) and ends on Sunday, June 01, 2014 at 11:59:59 PM ET (the “Contest Period”). No purchase is necessary to enter or be selected as a winner. The Sponsor’s computer will serve as the official clock of the Contest.
2. SPONSOR: Skyy Spirits, LLC d/b/a Midori®, Campari America, 1255 Battery Street, Suite 500, San Francisco, CA 94111.
3. ADMINISTRATOR:Prize Logic LLC, 25200 Telegraph Road, Suite 405, Southfield, MI 48033.
4. ELIGIBILITY:The Contest is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least 21 years old as of the date of entry and who are not professional models or actors, as determined by Sponsor in its sole and absolute discretion. Residents of Puerto Rico, the United States Territories and Possessions, and elsewhere are ineligible to enter. Employees of Sponsor, Suntory USA, Administrator, Here Media™ Inc., Sponsor’s licensed retailers, wholesalers, and distributors and/or any of their parent and affiliate companies as well as their immediate family (spouse, parents, siblings and children) and household members of each such employee of such entities (collectively, “Contest Entities”) are ineligible to enter. The Contest is subject to all applicable federal, state, municipal and local laws and regulations. Void in Puerto Rico, the United States Territories and Possessions, and elsewhere where prohibited or restricted by law.An eligible entrant is referred to as an “Entrant” in these Official Rules
5. HOW TO ENTER:During each Contest Period, a group of exactly 3 Entrants (a “Group”) must:(a) post an original photograph of themselves either on Facebook, Twitter or Instagram (the “Photo”), (b) along with the Photo, they must answer the question: “why their friends make them shine,” and (c) include the hashtag “#OurTimeToShine” (an “Entry”).
By submitting an Entry and using the hashtag #OurTimeToShine, this constitutes each Entrant’s and Group’s full and unconditional agreement to these Official Rules and Sponsor's and Administrator’s decisions, which are final and binding in all matters related to this Contest. Being selected as winner is contingent upon fulfilling all requirements set forth herein and signing all necessary releases. These Official Rules form a binding legal agreement between the Entrant, the Group and the Sponsor with respect to the Contest.
Each Group may submit only twenty (20) unique Entries during the entire Contest Period. Entrants agree that their Entries conform to the Entry Guidelines and Content Requirements as defined in Section 6 below (the "Guidelines and Requirements"). Sponsor may remove a Group’s Entry and disqualify any Entrant from the Casting Call if Sponsor believes, in its sole and absolute discretion, that an Entry fails to conform to the Guidelines and Requirements. If Sponsor rejects any Entry, in its sole and absolute discretion, such Entry will not be considered a valid Entry.
NOTE:Due to the way Twitter and Instagram operate their services, entries from Twitter or Instagram users with "protected" accounts (i.e., Entrant has set his or her account so that only people the Entrant has approved can view his or her Tweets or posts) may not be received. If an Entrant enters via SMS from his or her wireless phone, the Entrant’s wireless service provider may charge the Entrant for each text message sent and received. Entrants should consult their wireless service provider regarding its pricing plans. Message and data rates may apply.
6. ENTRY GUIDELINES AND CONTENT REQUIREMENTS: The Answer must be in English. In addition the Photographs must comply with the following:
• Each Photograph must not exceed 5 MB in size; and
• Each Photograph must be in one of the following formats: .jpg, png., or .gif.
• Must include all of the members of each Group and all of the members of the Group must be at least 21 years old in each Photograph;
• Must be entirely the original work of the Group;
• Must not have been submitted previously in a promotion of any kind and has not been exhibited or distributed previously in any media;
• Must not contain material that violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights, including copyright infringement, or legal or moral rights of any third party, living or deceased (e.g., names, logos, symbols, slogans, Photographs that belong to others,Photographs of other people, quotes from other people, or parodies of other people);
• Must not disparage Sponsor, Administrator, or any other third party (e.g., any person, product, location, retailer, company or brand);
• Must not in any way contain any names, logos, symbols, slogans, , parodies, or trademarks of any retailer other than those of Sponsor;
• Must not include personally-identifiable information;
• Must not contain material that is inappropriate, indecent, lewd, pornographic, obscene, hateful, tortious, defamatory, slanderous or libelous, or features gratuitous violence dangerous stunts, real weapons of any kind, or drug use;
• Must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
• Must not contain material that is unlawful, in violation of, or contrary to any laws or regulations;
• Must have been legally created (i.e., does not violate any laws or regulations in the making of the Photographs).
7. GENERAL ENTRY TERMS:Entries generated by script, macro or other automated means are void. The authorized account holder, defined below, of the e-mail address from where the Entry is generated will be deemed to be the representative of the Group. The members of the Group retain ownership of their Entry. Sponsor obtains an unlimited, worldwide, non-exclusive license to post and use the Entry as part of the Contest in perpetuity. In addition, Entrants hereby grant Sponsor and its affiliates, agents, representatives, licensees, promotional partners, successors and assigns), and anyone authorized by and of them a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Entries 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 social media platforms, including but not limited to Facebook, Twitter, Instagram, Tumblr, YouTube, etc.
Ownership of Entry will remain with the Group unless the members of the Group are declared to be a winner and they sign the Affidavit of Eligibility/Liability & Publicity Release as set forth below. Once an Entry is uploaded to 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.
EACH ENTRANT REPRESENTS, UNDERSTANDS AND ACKNOWLEDGES THAT HE/SHE WILL NOT BE PAID FOR OR RECEIVE ANY FORM OF COMPENSATION OR ROYALTY (OTHER THAN THE BEING GRANTED THE OPPORTUNITY TO PARTICIPATE IN THE PRIZE AND ADVERTISEMENT AS SET FORTH IN SECTION 10) IN EXCHANGE FOR GRANTING SPONSOR THE NON-EXCLUSIVE LICENSE TO POST THE ENTRY. 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 Entry and agrees not to sue or assert any claim against Contest Entities arising out of or connected to the use of the Entry. 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 Entry. Contest Entities are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Entries -- all of which will be void. In the event of a dispute as to any Entry, the authorized account holder (determined at time of the Entry) of the e-mail 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 e-mail address by an Internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address. Each Entrant may be required to show proof of being an authorized account holder.
8. SPONSOR’S IP/LIMITED LICENSE:Sponsor grants Entrants a limited, revocable, non-sublicensable license to use Sponsor’s name, product, trademarks and logos (collectively, “Sponsor’s IP”) for the sole purpose of entering this Contest. Entrants are not permitted to make any further use of Sponsor’s IP for any purpose whatsoever. In addition, Entrants recognize that all right, title, and interest in Sponsor’s IP shall vest exclusively to the Sponsor, and Entrant agrees that he/she has not and will not take any action that might harm or adversely affect such rights. No right, title, or interest in and to the Sponsor’s IP, except for the limited license granted to Entrant in these Official Rules, is transferred or created. Each Entrant further acknowledges and agrees that Sponsor’s IP rights are valid and enforceable, and that Entrant shall do nothing to challenge the validity or enforceability of Sponsor’s IP in any forum. Entrants agree that the use of Sponsor’s IP is permitted only for the purpose of submitting an Entry in this Contest, and that any use of Sponsor’s IP (whether in the Entry or otherwise) beyond this scope infringes the rights of Sponsor and will result in irreparable harm to Sponsor.
9. JUDGING PHASE AND SELECTION OF THE WINNERS:Each Entry will be judged by a panel of qualified judges selected from the Contest Entities (the “Judges”). The Judges will judge each Entry according to the following weighted factors: (1) originality (34% of the Score), (2) uniqueness of responses to question (33% of the Score), and (3) creativity (33% of the Score) of the Entry. The Judges will rank all Entries using this method and members of the Group with highest score will be named a potential winner, subject to verification and compliance with these Official Rules.
10. THE PRIZE AND APPROXIMATE RETAIL VALUE:Subject to verification and compliance with these Official Rules, the Group will receive a four (4) day/three (3) night trip to New York City, New York (the “Prize”).The Prize includes round trip coach class airfare for each member of the Group between the major commercial airport closest to Group Representative’s (defined in Section 11) residence and New York City, New York (departure and arrival airports determined by Sponsor in its sole discretion); three (3) nights standard hotel accommodations, dual occupancy rooms (selected by Sponsor in its sole and absolute discretion); tickets to “Dance on the Pier” which will be Sunday, June 29, 2014 at Pier 26 from approximately 4 PM to 10 PM; Two Hundred Fifty Dollar ($250) per diem for each Member of the winning Group for food, ground transportation and other similar expenses, and the Group will be featured in Midori® advertisement (created by Here Media™).This advertisement will run across Here Media’s network (OUT.com/Advocate.com/SheWired.com/Gay.net).
The winners must travel to New York City on June 27, 2014 and return home at night on June 30, 2014.
Each winner must travel on dates as determined by the Sponsor or the Prize will be forfeited. No guests will be allowed to travel with a winner.Travel is subject to the restrictions and conditions set forth below. All hotel accommodation booking arrangements will be administered by Sponsor’s authorized designee. All travel must be booked prior to departure. All winners must travel from the same airport and on the same itinerary.Travel is subject to capacity controls, availability, weather, seasonal influences, and certain other restrictions, all of which are subject to change. No changes will be made to travel details once any element(s) of the travel arrangements have been booked, except at Sponsor’s sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth in these Official Rules and those set forth by Sponsor’s travel prize supplier, as detailed in any contract issued by such supplier.
All costs and expenses not specifically included herein are solely each winner’s responsibility.Each winner is solely responsible for obtaining any desired or necessary travel documents (including government-issued photo identification). Each winner hereby acknowledges that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance for any part of the Prize.Each winneris responsible for all in-room charges (e.g., mini-bar, movies), telephone calls, meals, beverages, gratuities, upgrades, personal incidentals, amenities and any other fees and expenses not specifically mentioned in these Official Rules. Each winner will be required to provide a major credit card upon hotel check-in and all in-room charges will be charged to the credit card.
If the Group Representative lives within two hundred fifty (250) miles from the New York metropolitan area, then the Sponsor will provide the Group Representative with Two Hundred Fifty Dollars ($250) to reimburse the Group for travel expense and the Sponsor will not be responsible for airfare.
The ARV for the Prize is $3,800 per person. The total ARV for this Contest will be $11,400.ARV may vary from actual value, depending on date and point of departure. Any difference between stated and actual value shall not be awarded.
11. NOTIFICATION AND VERIFICATION.The Entrant who submitted the winning Entry using his/her Facebook/Twitter/Instagram account will be notified by the Sponsor on or about June 01,2014(the “Group Representative”).If the winning Entry was posted on Facebook, then the Group Representative will be notified by a posting on his/her timeline with instructions on how to contact the Sponsor to claim the Prize.If the winning Entry was posted on Twitter, then the Group Representative will be contact via Direct Mail on Twitter with instructions on how to contact the Sponsor to claim the Prize.If the winning Entry was posted on Instagram, then the Sponsor will post instructions on how to contact the Sponsor to claim the Prize will post next to the Group Representative winning Entry.If a potential member of the winning Group is unable or unwilling to participate in any element of the Prize, he/she will forfeit the Prize.If as a result of Group members not willing to participate in the Prize or if Group Members are disqualified, there are less than three (3) Entrants in the Group, the Sponsor may disqualify the entire Group and the Group next highest Score will be selected as an alternate winner, subject to verification and compliance with these Official Rules.If the Group Representative does not contact the Sponsor be contacted within three (3) calendardaysof attempted first notification, then the Group will forfeit the Prize next highest Score will be selected as an alternate winner, subject to verification and compliance with these Official Rules. The Group Representative will be responsible for contacting the other members of the Group to inform them of the Prize and to sign the Release as set forth below.Before being declared a winning Group, the Group Representative and each member of the potentially winning Group will be required to execute and return a General Release and an Affidavit of Eligibility/Liability & Publicity Release (together, “Release”), a tax acknowledgment form, and a background check authorization form, within three (3) calendardaysfrom the date it is postmarked as having been sent by the Sponsor or its representative, or the Prize may (in Sponsor’s sole discretion) be forfeited. The Release will contain, among other things, the representation and warranty that each potential will (i) make no disparaging comments about Sponsor and/or its brands or products, (ii) that he/she has no record of any criminal behavior and that (iii) he/she has no alcohol/drug abuse or addiction issues.Sponsor reserves the right, in its sole discretion, to disqualify any potential winning Group based on such background check if Sponsor determines, in its sole discretion, that awarding the Prize to such potential winner will bring the Contest Entities into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Contest.
If the potential winning Group is found to be ineligible or not in compliance with these Official Rules, declines to accept the entire Prize, Sponsor is unable to contact the potential winning Group, or in the event that the winning Group is declared ineligible, disqualified or forfeits the Prize for any reason, the next highest ranking Group available will be selected as an alternate winning Group, subject to verification and compliance with these Official Rules.No more than one (1) Group will be selected to be the winning Group of the Contest. Contest Entities shall not be held responsible for any delays in awarding prizes for any reason.
12. TAXES AND OTHER EXPENSES:Each winner will be responsible for federal, state and local taxes and other expenses as set forth in the Release.
13. GENERAL CONDITIONS:Those who submit Entries will be required to irrevocably assign and transfer to Sponsor any and all rights, title and interest in her Entry, including, without limitation, all copyrights, and agree to waive all moral rights in that Entry. Sponsor reserves the right to substitute an alternate prize of equal or greater value in the event all or part of a prize set forth above becomes unavailable. Prize is non-substitutable and, except at Sponsor’s sole discretion, non-transferable. All federal, state, and local laws and regulations apply. Participation in this Contest constitutes agreement by the Entrants to the terms and conditions of these Official Rules.
15. WARRANTY AND INDEMNITY: Entrants warrant that their Entries are original and that each Entrant is the sole and exclusive owner and rights holder of the submitted Entry and that the Entrant has the right to submit the Entry in the Contest. Each Entrant agrees not to submit any Entry that (1) infringes any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, patent, trade secret or confidentiality obligations; or (2) otherwise violates applicable U.S. law. To the maximum extent permitted by law, each Entrant on behalf of herself indemnifies and agrees to keep indemnified Contest Entities at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Entrant, or breach of any warranty set forth herein. To the maximum extent permitted by law, each Entrant agrees to defend, indemnify and hold harmless Contest Entities, and each of their respective affiliates, directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from: (a) any material uploaded or otherwise provided by the Entrant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, or (b) any misrepresentation made by the Entrant in connection with the Contest.
Each Entrant further agrees to release and hold harmless Contest Entities from any and all claims that any advertising subsequently produced, presented, and/or prepared by or on behalf of Sponsor infringes Entrant's rights with regard to any Entry. Although each Entry will be reviewed by the Sponsor before being judged, posted or published, the posting or publication of an Entry does not mean the Entry has been deemed to be in compliance with these Official Rules. Any Entry that does not comply with these Official Rules or that otherwise contains prohibited or inappropriate content as determined by Sponsor, in its sole and absolute discretion, will be disqualified, and if posted on the Website or any websites related to this Contest, removed there from.
16. ELIMINATION:Any false information provided within the context of the Contest by any Entrant concerning identity, mailing address, telephone number, e-mail address, ownership of right or any other non-compliance with these Official Rules or the like may result in the immediate elimination of the Entrant and/or Entry from the Contest.
Sponsor reserves the right to disqualify any person found or suspected of tampering with the entry process or the operation of this Contest, to be acting in violation of these Official Rules, to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
17. INTERNET: Sponsor and Administrator are not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission. If, for any reason, the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, Sponsor may, in its sole discretion, cancel, terminate, modify and/or suspend the Contest and post such notice at the Website. In the event the Contest is canceled, terminated, modified and/or suspended, Sponsor may judge the Entries received up until that time and, provided there are enough eligible Entries to conduct the Contest, will proceed with the Contest as defined herein.
18. NOT AN OFFER OR CONTRACT OF EMPLOYMENT:Under no circumstances shall the submission of an Entry into the Contest, the awarding of the Prize, or anything in these Official Rules be construed as an offer or contract of employment with Sponsor and/or Administrator.
19. LIMITATION OF LIABILITY: The Contest Entitiesare not responsible for illegible, lost, late, incomplete, stolen, misdirected, postage due, or undeliverable e-mail or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/web site/use net accessibility, availability, or traffic congestion, or any technical, mechanical, programming, printing, or typographical or other error, or unauthorized human intervention, or the incorrect or inaccurate capture of registration information, or the failure to capture, or loss of, any such information. The Contest Entities are not responsible for any incorrect or inaccurate information, whether caused by any web site users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Contest and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to any web site(s). Contest Entities are not responsible for any injury, including death, or damage, whether personal or property, to Entrants or to any person's computer related to or resulting from participating in the Contest and/or accepting the Prize. If, for any reason, an Entry is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an Entry into the Contest, the Entrant’s sole remedy is to submit another Entry into the Contest.
The Contest Entities shall not be responsible or liable for Entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), in excess of the stated limit, or for Entries that are late, forged, destroyed, lost, misplaced, stolen, misdirected, tampered with, incomplete, deleted, damaged, garbled, or otherwise not in compliance with the Official Rules, and all such Entries will be disqualified.
IN NO EVENT WILL THE CONTEST ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF AN ENTRANT’S ACCESS TO AND USE OF THE WEBSITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE WEBSITE OR ANY OTHER WEB SITE ASSOCIATED WITH THIS CONTEST.WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.ENTRANTS SHOULD CHECK THEIR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
By entering the Contest, each Entrant agrees: (i) to be bound by these Official Rules and by all applicable laws and decisions of Sponsor and Administrator which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action, or proceeding against any Contest Entities in connection with the Contest; and (iv) to forever and irrevocably agree to release, defend, indemnify, and hold harmless each of the Contest Entities from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liabilitycosts and expenses (including, without limitation, reasonable outside attorneys’ fees) for any injuries, losses or damages of any kind to persons, including death, or property resulting in whole or in part, directly or indirectly, from: (a) the Contest, including but not limited to any Contest-related activity or element thereof, and the Entrant’s Entry, participation or inability to participate in the Contest, (b) the violation of any third party privacy, personal, publicity or proprietary rights, (c) typographical or printing errors in these Official Rules or any Contest materials, (d) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof), (e) any change in the prizing (or any components thereof) due to unavailability, or due to reasons beyond Sponsor’s control, including but not limited to by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual 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 any of the Contest Entities’ control, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation, or modification of the Contest, (g) human error, (h) incorrect or inaccurate transcription, receipt or transmission of any part of the Entry (including, without limitation, the information or any parts thereof), (i) any technical malfunctions or unavailability of the Website or any telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Contest Entities or by an Entrant, (j) interruption or inability to access the Contest, the Website or any other Contest-related web pages, or any online service via the Internet due to hardware or software compatibility problems, (k) any damage to Entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Contest, (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (m) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged Entries, (n) any wrongful, negligent, or unauthorized act or omission on the part of any of the Contest Entities, (o) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof), (p) the collection, use and/or sharing of Entrant’s personally identifiable information by Sponsor or its designees or (q) the negligence or willful misconduct by Entrant.
20. DISPUTES:THE CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN THE STATE OF NEW YORK. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY AMERICAN ARBITRATION ASSOCIATION, IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN THE STATE OF NEW YORK. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE STATUTE OF LIMITATIONS FOR ASSERTING ANY CLAIMS SHALL BE A PERIOD OF ONE (1) YEAR FROM THE END DATE OF THE PROMOTION PERIOD.ENTRANTS AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
21. GENERAL: All federal, state and local laws and regulations apply. Sponsor reserves the right to disqualify any Entrant found, in its sole opinion, to be tampering with the operation of the Contest; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of this Contest. Any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Contest will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.If any provision of these Terms and Conditions or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Terms and Conditions valid and enforceable. Sponsor’s and/or Administrator’s interpretation of these Terms and Conditions is final and binding in all matters related to the Promotion. Sponsor’s failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision. All Entries and/or materials submitted become the property of Sponsor and will not be returned. Void in all jurisdictions except those specifically included herein, in Puerto Rico and wherever restricted or prohibited by law. In the event of any conflict with any Contest details contained in these Official Rules and Contest details contained in Contest Materials (including but not limited to point of sale, television, and print advertising, packaging, and other Contest media), the details of the Contest as set forth in these Official Rules shall prevail. Entrants are responsible for determining the corresponding time zone in their respective locations.
22. WINNERS LIST:Winners will be announced on OUT.com/ourtimetoshinewinners on or about June 6, 2014.
Midori is a registered trademark of Suntory Limited Corporation.All rights reserved.Used by permission.
© 2014 Campari America, San Francisco, CA. All rights reserved.