Are You #ArmorTough Terms and Conditions
PLANET OTTERBOX CONTEST
Being Otters, we are a fun loving bunch. But, in certain situations, we have to get serious. Contest rules are one of those situations where all seriousness comes into play.
By participating in the Contest, each Entrant (as defined below) fully and unconditionally agrees to be bound by and accepts these Official Rules and the decisions of OtterBox, LLC (“Sponsor” or “OtterBox”) or its designee (including, without limitation, decisions regarding eligibility of entries, judging of entries, selection of prize winners, and the awarding of prizes), which decisions are final and binding in all respects.
1. ELIGIBILITY. The “Planet OtterBox” contest (the “Contest”) is open only to individuals who are Planet OtterBox readers and, as of the date of entry, are permanent legal residents of the fifty (50) United States or the District of Columbia (excluding residents of Rhode Island, Florida, and New York), and are at least eighteen (18) years of age (nineteen (19) years of age in AL and NE, twenty-one (21) years of age in MS). Void where prohibited by law and in any location outside the fifty (50) United States and the District of Columbia. Employees of OtterBox, its subsidiaries, affiliates, and divisions, and the immediate family members (defined as parents, spouses, children, siblings, grandparents, grandchildren and their respective spouses, whether by current marriage, past marriage, adoption or as in-laws) or members of the same household (whether related or not) of each such employee are eligible to enter, but are NOT allowed to win any of the prizes. Individuals who have previously won a prize from an OtterBox-sponsored contest or giveaway are ineligible to enter another OtterBox sponsored contest or giveaway for six (6) months. For the purpose of the Contest, the entrant (“Entrant”) is the natural person who submits their photo to Instagram in accordance with the instructions set forth in these Official Rules. OtterBox reserves the right to request that Entrants provide a form of identification prior to the award of any prize.
2. TIMING. The Contest begins September 3, 2013 at 12:00 a.m. Mountain Standard Time (“MST”) and ends September 23, 2013 at 11:59 p.m. MST (the “Contest Period”).
3. HOW TO ENTER. No purchase is necessary to enter or win, and purchase does not improve likelihood of winning. Void where prohibited by law. Each entry consist of a Submission (as defined below) that meets all of the Submission Requirements (as defined below)
- Enter via Instagram – To enter to win, submit a photo or video showing that you are tough enough for the Toughest Case Ever Built with the hastag #ArmorTough
- Failure to include the hashtag #ArmorTough on the photo or video will result in automatic disqualification
- All photos and videos must be yours
- All participants must follow OtterBox on Instagram in order to be considered
- All submissions must be received by 11:59 p.m. MST on September 23rd, 2013
All entries must be received by 11:59 p.m. MST on September 23, 2013.
4. SUBMISSIONS. Each Submission must comply with the following requirements (the “Submission Requirements”):
- All Submissions submitted must show Entrant is tough enough for the Toughest Case Ever Built in a photo or video of no more than 15 seconds in length. All Submission must not contain any of the following content that:
- is sexually explicit or suggestive;
- unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group;
- is profane;
- promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing);
- promotes any activities that may appear unsafe or dangerous;
- promotes any particular political agenda or message;
- is obscene or offensive;
- endorses any form of hate or hate group;
- appears to duplicate any other submitted submission;
- contains any personal identification, such as license plate numbers, e-mail addresses or street addresses;
- contains copyrighted materials owned by others or any trademarks, names or logos owned by others;
- communicates messages inconsistent with the positive images and/or good will to which Sponsor wishes to associate;
- And/or violates any law.
- The Submission, in its entirety, must be a single work of original material created by the Entrant. By entering the Contest, each Entrant represents, acknowledges, and warrants that (a) the submitted Submission is an original work created solely by Entrant, (b) the Submission does not infringe on the copyrights, trademark rights, moral rights, rights of privacy or publicity, or other intellectual property rights of any person or entity, and (c) no other party has any right, title, claim, or interest in the Submission.
C. All Submissions that do not comply with these Official Rules or that otherwise contain prohibited or inappropriate content deemed unacceptable by Sponsor, in its sole discretion, will be disqualified and will not be published. Sponsor makes the final determination as to which Submissions are eligible to take part in this Contest. Sponsor reserves the right to modify the criteria, dates, & guidelines of the Contest at any time.
6. AGREEMENT TO OFFICIAL RULES AND DECISIONS. By participating in the Contest, each Entrant fully and unconditionally agrees to be bound by and accepts these Official Rules and the decisions of OtterBox or its designee (including, without limitation, decisions regarding eligibility of entries, the selection of Entrants and the winner, and the awarding of the prize), which are final and binding in all respects.
7. CONTEST WINNER SELECTION; ODDS; NOTIFICATION. One (1) Grand Prize winner and Two (2) runners-up will be chosen at random using www.random.org. The odds of winning a prize will depend upon the total number of eligible entries received in the Contest. The winners will be instructed to contact the OtterBox team within 48 hours of being notified to claim the prize. The prize will be mailed to the winner. The prize can only be claimed personally by the respective participant. It is not possible for a third party to claim the prize. Winners must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. In order to claim a Prize, each potential Prize Winner must respond to OtterBox within five (5) days of receiving notice of the award. In the event that a potential Prize Winner fails to respond within this time-frame, OtterBox may select an alternate winner based on the judges’ recommendations, which alternate winner will be subject to the terms and conditions set forth herein.
8. CONTEST PRIZES. The prize is the winner’s choice of an OtterBox Armor Series and includes some additional prizes. Approximate retail value (“ARV”) of the Prizes is $109.95. Prizes are non-transferable, non-assignable, and non- refundable, and must be accepted as awarded. Prizes are awarded “AS IS.” Unused components of any Prize shall be forfeited and have no redeemable cash value. No cash or other substitution may be made, except by OtterBox, who reserves the right (but has no obligation) to substitute a Prize (or a component thereof) with another prize (or component thereof, including cash) of equal or greater value if the Prize is not available for any reason as determined by OtterBox in its sole discretion. Each Prize Winner is fully and solely responsible for any and all applicable federal, state, international, and local taxes and assessments (including, without limitation, income taxes). The Prize Winners will be issued an IRS Form 1099 for the actual value of their respective Prizes. Entrants waive the right to assert, as a cost of winning a Prize, any and all costs of verification and redemption or travel to redeem a Prize in this Contest. OtterBox is not responsible for fraudulent calls or e-mails made to Entrants by third parties.
9. PUBLICITY. Except where prohibited by law, participation in the Contest constitutes winner’s consent to OtterBox’s use of winner’s name, biography, likeness, voice, photographs, video, opinions, statements, hometown, state and country for promotional purposes in any manner, consideration, notice, review or consent.
10. GENERAL CONDITIONS. OtterBox reserves the right, in its sole discretion, to terminate, modify, or suspend the Contest if, in OtterBox’s opinion, there is any suspected or actual evidence of tampering with any portion of the Contest, or if unauthorized intervention, fraud, technical difficulties or failures or any other factor beyond OtterBox’s reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest. OtterBox 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 these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest is a violation of criminal and civil laws, and, should such an attempt be made, OtterBox reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. OtterBox’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision or any other provision of these Official Rules.
11. RELEASE AND INDEMNITY. By entering the Contest, each Entrant, to the maximum extent permitted by law, agrees to forever and irrevocably release, indemnify and hold harmless OtterBox and its affiliates, subsidiaries, partners, or agents and their respective employees, officers, directors, and representatives from and against all claims, damages or liabilities arising in whole or in part, directly or indirectly, from Entrant’s participation and/or entry in the Contest, any Contest-related activities, and/or Entrant’s acceptance, receipt, use, misuse, or possession of or participation in any prize awarded in the Contest.
12. LIMITATIONS OF LIABILITY. OtterBox is not responsible for: (a) incorrect or inaccurate transcription of entry information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete, misdirected entries or entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software, or garbled, corrupt, or jumbled transmissions; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the entry process or the Contest; (e) printing, typographical, electronic or human errors which may occur in the offer or administration of the Contest or the processing of entries; or (f) any injury or damage to persons or property.
13. DISPUTES. Entrant agrees that this Contest shall be subject to and governed by the laws of the State of Colorado, and any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in the State of Colorado. Entrant submits to sole and exclusive personal jurisdiction to such courts in the State of Colorado for any such dispute and irrevocably waives any and all rights to object to such jurisdiction.
14. WIN LIST. The names of the Prize Winners will be available online at www.blog.otterbox.com after September 25, 2013.
15. SPONSOR. Sponsor is Otter Products, LLC, 209 South Meldrum Street, Fort Collins, Colorado 80521.