“YOU VS. ARMOR SERIES” THE OFFICIAL CONTEST RULES
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. The Contest is a skill-based contest, and chance plays no part in the determination of winners.
The “You vs. Armor” contest (the “Contest”) is open only to individuals who, 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 not eligible to enter. 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 fills out the Contest entry form and submits the form with the Specimen (as defined below) 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.
The Contest begins May 15, 2013 at 12:00 a.m. Mountain Standard Time (“MST”) and ends June 15, 2013 at 11:59 p.m. MST (the “Contest Period”).
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 consists of an online entry form and a single Specimen (as defined below) that meets all of the Specimen Requirements (as defined below).
- Enter via YouTube to enter to win, submit a video response on YouTube describing your “You vs. Armor” challenge. The Specimen must meet the Specimen Requirements as set forth below.
Limit one (1) entry per person, regardless of method of entry. All entries must be received by OtterBox, via electronic submission, by 11:59 p.m. MST on June 15, 2013.
Each Specimen submitted with an entry must comply with the following requirements (the “Specimen Requirements”):
1. All Specimens submitted must describe Entrant’s “You vs. Armor” experience in a video of no more than 30 seconds in length. All Specimens must be in English and must not contain any drawings, photographs, artwork, or logos that the entrant does not have legal permission to use.
2. The Specimen, 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 Specimen is an original work created solely by Entrant, (b) the Specimen 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 Specimen.
3. The Specimen must not, in the sole discretion of Sponsor, contain obscene, provocative, defamatory, sexually explicit, or otherwise objectionable or inappropriate content.
Specimens that fail to comply with the Specimen Requirements will be void. Sponsor reserves the right to examine the original Specimen in order to confirm compliance with these Official Rules.
All entries will be judged by a panel made up of OtterBox marketing/promotional professionals (the “Judges”). The Judges will review all eligible entries submitted and judge each such eligible Specimen on the basis of creativity, writing quality, video quality and originality (the “Criteria”). The Judges will then review all eligible entries submitted via YouTube, and judge each such eligible Specimen using the Criteria.
CONTEST WINNER SELECTION; NOTIFICATION
The judges will select ten winners from among all eligible submitted entries. The Prize Winners will be selected by subjective analysis of the judges based on the judging criteria set forth above. Decisions of the judges are final and binding. OtterBox will award: (a) one (1) Grand Prize to the Grand Prize Winner, and (b) four (4) Second Prizes to the Second Prize Winners and (c) 5 Third Prizes to the Third Prize Winners. The Prize Winners will be chosen on or around July 10, 2013, and will be notified by YouTube message. In the event that not enough eligible entries are received, not all the Prizes may be awarded. 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.
The Grand Prize Winner will receive their video shot as an OtterBox commercial, prizing includes a vacation for (2) two to a location selected by the Grand Prize Winner from among a list provided by OtterBox of eligible vacation packages within the continental United States. The Grand Prize shall not exceed $6,500.00.The Grand Prize vacation includes: round trip coach airfare for two (2) from the airport nearest the Grand Prize Winner’s residence to the selected location, hotel accommodations, and spending money (not to exceed $500.00), in sum not to exceed the total prize award. All travel arrangements and accommodations are at the discretion of OtterBox and may be made with the assistance of a professional travel agent or tour operator selected by OtterBox. All other travel-related expenses, including but not limited to luggage fees, gratuities and incidental hotel and personal expenses are the sole responsibility of the Grand Prize Winner. The Second Prize Winners will receive an Armor Series Prize Pack. Third Prize Winners will receive an Armor Series Case of their choice. Approximate retail value (“ARV”) of the Prizes is $7,500.00.The actual value of the Grand Prize will depend upon airfare fluctuations and the Grand Prize Winner’s point of departure and selected location. Any difference between the ARV and the actual value of the Grand Prize will not be awarded. 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.
Except where prohibited by law, entry into 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, without consideration, notice, review or consent. Potential Prize Winners and their travel guests (if any) must sign and return an Affidavit of Eligibility, as applicable, a Release of Liability form, and a Publicity Release (where not prohibited by law) within (a) ten (10) days following attempted notification (in the case of the potential Prize Winner), or (b) prior to participation in the Prize or the issuance of travel documents related to the Prize (in the case of the travel guest). Prize Winners and their travel guests, as applicable, may be required to participate in a filmed program or event featuring the Prize Winner’s Submission and activities related thereto. Noncompliance with the entry requirements set forth herein or return of prize notification as undeliverable will result in disqualification from the Contest and selection of an alternate potential Prize Winner. Grand Prize Winner and travel guest must possess required travel documents (e.g., valid photo I.D) prior to departure and must travel together on the same itinerary. If any travel guest of a Prize Winner is deemed a minor in his/her state of residence, Prize Winner must be minor’s parent/legal guardian.
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.
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, including without limitation any and all claims for defamation, libel, slander, and/or invasion of privacy or publicity, which Entrant, their heirs, representatives, executors, administrators or any other person acting on Entrant’s behalf or on behalf of Entrant’s estate have or may have. Prize Winners are solely responsible for the actions of their guests who accompany Prize Winners on any awarded trip, and Prize Winners agree to indemnify and hold harmless OtterBox and its affiliates, subsidiaries, partners, or agents from and against all claims, damages or liabilities arising from the actions of Prize Winner’s guests. By participating in this Contest, Entrants accept and agree to be bound by these Official Rules. Any violation of these Official Rules may result in disqualification.
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.
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.
The names of the Prize Winners will be available online at http://blog.otterbox.com before July 18, 2013.
Sponsor is Otter Products, LLC, 209 South Meldrum St., Fort Collins, Colorado 80521.