Men In Blazers – Defy Labels Contest Official Rules
PRELIMINARY INFORMATION: No purchase necessary. A purchase will not improve your chances of winning. Void where prohibited. Men In Blazers - Defy Labels Contest (“Contest”) will begin on Monday, February 1, 2016 at 12:00:01 AM ET and ends March 1, 2016 at 12:00:01 AM ET (“Contest Period”). The Contest Period will consist of four (4) separate and individual Entry Periods (the ""), as detailed in the chart below. One (1) person with the best Entry (as defined below) for each Entry Period will be selected (the "”), for a total of four (4) Finalists throughout the entire Contest Period. From the four (4) Finalists, one (1) Grand Prize Winner (“Winner”) will be selected. These rules shall apply to all Contest Periods. All times in the Contest refer to Eastern Time (“ET”). Odds of winning depend upon the number of eligible entries received. Contest is subject to all applicable federal, state and local laws.
ELIGIBILITY: Open only to permanent, legal United States (“U.S.”) residents who are physically residing in one (1) of the fifty (50) United States or the District of Columbia (excluding Puerto Rico, Guam, the Virgin Islands and other United States territories), and who are eighteen (18) years of age or older as of the start of the Contest Period. Employees of the Mini USA ("Mini"), BMW of North America, LLC and each of their respective subsidiaries, affiliates, shareholders, officers, directors, agents, representatives, and employees (collectively, "Mini Entities") and officers, directors, and employees of Manhouse Productions, LLC, Men in Blazers LLC, NBC Sports, NBCUniversal Media LLC, and their respective affiliate and parent companies (collectively, the “Contest Entities”), members of these persons’ immediate families (spouses and/or parents, children, and siblings, and their spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Contest. Mini Entities and Contest Entities, as referenced herein, shall include Sponsors (as defined below) and their respective parent, subsidiary, and affiliate companies, and administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Contest.
CONTEST DESCRIPTION: The Contest consists of a four Entry Periods (each a “Entry Period”) conducted over the Contest Period. Each Entry Period will consist of: (i) an Entry Period start date and a Entry Period end date, and (ii) a selection of a Finalist conducted on or about the Entry Period end date (“, as specified in the chart below, from among all eligible Entries received during the corresponding Entry Period. Entries for each Entry Period must be received on or before the Entry Period End Date for that particular Entry Period as specified below. The timing of your Entries will determine which Entry Period they are entered into. Entries not selected as a Finalist during its corresponding Entry Period will not be rolled over into the following Entry Period during the Contest.
By entering the Contest, entrants grant Sponsors the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the Caption or Image and to incorporate the Caption or Image in other works in any and all markets and media worldwide in perpetuity, including but not limited on-air broadcast of the Men In Blazers (“Series”). Entrants warrant that they have the sole and exclusive right to grant such rights to Sponsors and that the Sponsors' reproduction, publishing, displaying, and/or other use of the Caption or Image will not infringe on any rights of third parties, including, without limitation, copyright, trademark, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. If any Caption or Image contains material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or if any Caption or Image does not comply with these Official Rules or meet Sponsors' standards for any reason, as determined by Sponsors in their sole discretion, such Caption or Image (and the related Entries) may be rejected as ineligible for consideration. Entries must comply with all applicable laws, rules, and regulations. Sponsors shall have no obligation to copy, publish, display, or otherwise exploit the Caption or Image.
Limit one (1) Entry per person, per Entry Period during the Contest Period. Multiple Entries received from any person or Twitter/Instagram account beyond this limit will void all such additional Entries. Entries must be received no later than the Entry Period End Date at 11:59:59 AM ET of the corresponding Entry Period to be eligible for the Contest. Sponsors' computer shall be the official timekeeper for all matters related to this Contest. Any person found to have used multiple Social Media Site accounts to enter will be deemed ineligible and disqualified. For purposes of these Official Rules, a “day” will start at 12:00:01 AM ET and end at 11:59:59 PM ET. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an entrant, the authorized account holder of the Twitter/Instagram account used to enter will be deemed to be the entrant. "Authorized account holder" is defined as the person who is assigned to a Twitter/Instagram account by the relevant Social Media Site. Entry constitutes permission (except where prohibited by law) to use entrant's name, Twitter/Instagram user name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval.
JUDGING: After the end of each Entry Period, one (1) Finalist will be selected, from among all eligible Entries received during the applicable Entry Period. The Grand Prize Winner (“Winner”) will be selected from the Finalists at random on or about March 1, 2016. The decisions of Sponsor are final and binding on all matters relating to this Contest. Odds of being selected as a potential Finalist or Grand Prize winner are dependent upon the total number of eligible Entries received during the applicable Entry Period. A qualified judge or judges, as chosen by Sponsor in its sole discretion, will review the eligible Entries received during the Contest Period and select a Finalist on or about the last day of corresponding Entry Period at 11:59:59 AM ET, based on the following judging criteria (“Judging Criteria”): Originality (50%) and Creativity (50%). In the event of a tie, the Judges will break the tie by selecting the tied entrant who received the highest points from the Judges for Originality. In the event a tie remains, the tied entries will be judged by an additional tie-breaking judge, using the Judging Criteria, to determine which of the tied entrants will be the Finalist or Grand Prize Winner (as applicable). Decisions of Sponsors and Judges are final and binding with respect to all matters related to the Contest. Winning is subject to verification of eligibility. Sponsors reserve the right to pick less than one (1) Finalist or Grand Prize Winner, or to extend the Contest Period if in their sole discretion, Sponsors do not receive a sufficient number of eligible and qualified Entries. Winners will be notified through the same Social Media Site in which their Entries and their correlating usernames were submitted (i.e. either (1) direct private message via Twitter or (2) comment notification via Instagram) or through the same e-mail addresses in which their Entries were submitted on or before the start of the next corresponding Entry Period, but no later than the end of the Contest Period.
Potential Finalists also may be required to execute and return an affidavit of eligibility, release of liability, Internal Revenue Service Form 1099 and, except where prohibited, publicity release (collectively, “Contest Documents”) within five (5) days of such notification. Noncompliance within this time period, with these Official Rules or the return of or inability to deliver any Prize (as defined below) or prize notification may result in disqualification and, at Sponsors' discretion, and time permitting, an alternate potential Finalist or Grand Prize Winner (as applicable) may be selected from among all eligible remaining Entries based on the Judging Criteria.
PRIZE: There will be one (1) prize awarded per Entry Period (“Prize”) to the Finalist, consisting of a Men In Blazers customized model toy Mini Cooper, as selected by Producer in its sole discretion.
Estimated Retail Value (“ERV”) of Prize is fifty dollars ($50.00) (US). Actual Retail Value (“ARV”) of Prize may vary. Any difference between ERV and ARV will not be awarded.
All details of Prize will be determined by Sponsors in their sole discretion. Sponsors reserve the right to substitute a similar prize (or prize element) of comparable or greater value. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of Finalist or Grand Prize winner. Prize cannot be transferred or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize. If Prize is unclaimed within a reasonable time after notification from Sponsors, as determined by Sponsors in their sole discretion, it will be forfeited, and time permitting, an alternate Finalist or Grand Prize winner (as applicable) may be selected from the remaining eligible entries at Sponsors’ sole discretion.
Any and all other costs and expenses associated with prize acceptance and use not specifically stated within these Official Rules as being provided, are the sole responsibility of the winner, including, without limitation, all federal, state, and local taxes, additional transportation and meals, luggage fees, gratuities, and souvenirs. If Grand Prize winner is at least 18 but still considered a minor in his/her state or place of residence, prize may be awarded in the name of his/her parent or legal guardian, who will be responsible for fulfilling all requirements imposed on winner as set forth herein. Such parent or legal guardian may also be required to accompany minor winner on trip. Prize details are at Sponsor's sole discretion. A background check of winner and/or guest may be required.
Provided that alternate arrangements are not made in advance, Sponsor shall use reasonable efforts to deliver any Prize to the correct and complete mailing address provided by Finalist, or to the closest feasible place for pickup by Finalist, within ninety (90) days after the initial broadcast or other exhibition of the Contest, or on a later date to be designated by Producer if delivery within ninety (90) days is not reasonably possible or if Producer determines for any other reason (including requirements of any Prize supplier) that delivery will occur on a later date; provided, however, that Producer may deduct, withhold or require payment of any such taxes or other obligations before delivering any Prize. Notwithstanding the foregoing, in the event Producer casually or inadvertent fails to provide any Prize within ninety (90) days after the broadcast or other exhibition of the Contest, such act(s) shall not be deemed a breach of this agreement. Furthermore, if any such payment is required, and Finalist does not pay within ninety (90) days after the broadcast or other exhibition of the Contest, then any such Prize shall be deemed forfeited. Finalist agrees to pay all shipping costs for deliveries outside the continental United States. Sponsor shall not be responsible for any delays in delivery of any Prize by a supplier, or for the condition in which it is received. Finalist’s refusal to accept any Prize shall constitute a forfeiture of that Prize, and Finalist shall not advertise or publicize its winning of any Prize, nor shall Finalist sell any Prize.
Sponsors shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prize and are not responsible or liable for any expenses incurred as a consequence thereof.
GRAND PRIZE: There will be one (1) prize awarded (“Grand Prize”) to the Winner during the Contest Period (“Grand Prize”), which will include a trip to see the Men In Blazers Panic Room in New York, New York which will include round-trip coach air transportation for two (2) people from a major U.S. gateway airport nearest the Winner's home, ground transportation to/from designated New York/New Jersey airport (or arrival city airport), hotel accommodations (one (1) room, double occupancy), as selected by Producer in its sole discretion.
Estimated Retail Value (“ERV”) of Prize is Two Thousand Seven Hundred and Fifty dollars ($2,750.00) (US). Actual Retail Value (“ARV”) of Prize may vary. Any difference between ERV and ARV will not be awarded.
Actual value of trip depends upon the city of departure, time of travel, any airfare fluctuations and/or current market conditions at time of prize fulfillment, and any difference between the stated ARV and the actual value if any, will not be awarded. Winner and guest must be able to travel on dates specified by Sponsor or such portion of trip prize will be forfeited. Sponsor reserves the right to change dates for trip. Guest of winner for each trip must be of legal age of majority in his/her jurisdiction of residence (and at least 18) unless a child or legal ward of winner; then winner will be required to execute and return such documents on behalf of such child or legal ward. Trip is subject to air/hotel availability and other conditions and restrictions. If the winner lives within 100 miles of the destination city, the air transportation portion of trip will not be awarded and ground transportation will be substituted and no additional compensation or substitution will be provided. Airline/flight times to be selected by Sponsor at its sole discretion; one or more stopovers may be required. Once trip has been booked, no change, extension or substitution of trip dates is permitted except by Sponsor, in its sole discretion. Sponsor will not replace any lost or stolen tickets, travel vouchers or similar items once they are in winner's possession or in the possession of a guest. Neither Mini Entities nor Contest Entities shall not be responsible for any cancellations, delays, diversions, substitutions, or any acts or omissions whatsoever by the air carriers, hotels, or other transportation companies or any other persons providing any of these services and accommodations to passengers, including any results thereof, such as changes in services or accommodations necessitated by same. Prize conditions may be added or modified by companies providing those portions of the prize. The prize restrictions/conditions stated herein are not all-inclusive and may be subject to additional restrictions/conditions, which may be stated in the affidavit and release and/or prize travel documents. Winner and guest are responsible for obtaining travel documents as well as travel insurance (and all other forms of insurance), that they may wish to obtain for the trip (at their own expense) and hereby acknowledge that the neither Mini Entities nor Contest Entities have not and will not obtain or provide travel insurance or any other form of insurance for the trip. Winner and his/her guest must arrive at the designated U.S. gateway airport in time for the flight. Tickets are subject to certain terms and conditions as specified by Producer and issuer thereon. Winner and guest must comply with all venue, stadium, and event rules and regulations. Failure to do so may result in forfeiture of such portion(s) of prize. Sponsor reserves the right to remove or deny entry to winner and any guest who engage in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person at the game.
CONDITIONS: By entering the Contest, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless Mini Entities, Contest Entities, Social Media Sites, and their respective officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the or Contest and/or his/her acceptance, possession, use, or misuse of Prize or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Contest and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to Prize, including express warranties provided exclusively by Prize supplier that are sent along with Prize; (c) if selected as a Winner, to the posting of such entrant’s name on FoxSports.com or on Crowd Goes Wild’s Twitter page (the “Website”) and the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Contest itself, and to be bound by all decisions of the Sponsors, which are binding and final. Failure to comply with these conditions may result in disqualification from the Contest at Sponsors’ sole discretion.
ADDITIONAL TERMS: Sponsors reserve the right to permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Contest or the operation thereof is unlawful and subject to legal action by Sponsors, who may seek damages to the fullest extent permitted by law. The failure of Sponsors to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsors (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to entrants’ or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the Contest. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsors reserve the right to cancel, modify, or suspend the Contest or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Sponsors reserve the right to select Winners in a random drawing from among all eligible, non-suspect entries received prior to the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted at Website. Sponsors may prohibit any entrant or potential entrant from participating in the Contest, if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsors, or Sponsors’ agents or representatives; or behaves in any other disruptive manner (as determined by Sponsors in their sole discretion).
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 New York, 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 JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof (“JAMS Rules”). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in new york. All proceedings brought pursuant to this paragraph will be conducted in the County 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 RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
WINNER ANNOUNCEMENT: For the name of the Winner, available one (1) week after the associated Contest Period, please send a self-addressed, stamped envelope to: Men In Blazers – Defy Labels Contest, Men In Blazers c/o Manhouse Productions LLC, 325 Hudson Street, Suite 601, New York, New York 10013.
The Mini Entities (as defined in the Official Rules) will have no liability or responsibility for any claim arising in connection with participation in this Contest or any prize awarded.