2015 Icebreaker Challenge Video Contest
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: Icebreaker Challenge, (the “Contest”) is open only to legal residents of the fifty (50) United States and the District of Columbia and legal residents of Canada, Germany, Switzerland, France, Czech Republic, Slovakia, Hungary, Poland, Bulgaria, Slovenia, Croatia, Romania, Estonia, Latvia, Lithuania, Russia, Ukraine, Kazakhstan, Kyrgyztan, and Belorus (‘Northern Hemisphere Region’) (i) are at least nineteen (19) years old at the time of entry (“Contestant”). To be eligible to win the Grand Prize, Contestants and their Guest must have all travel related documents (including passports and any required visas) necessary to travel by commercial airline from the Northern Hemisphere Region to New Zealand, as further described below. Employees of Icebreaker, and any of their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Contest is subject to all applicable federal, state, provincial, and local laws and regulations and is void outside the Northern Hemisphere Region and where prohibited.
Sponsor: Icebreaker Limited, Level 2, Lot 3 130 Ponsonby Road, Auckland, New Zealand.
2. Agreement to Official Rules: Participation in this Contest constitutes Contestant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, including (without limitation) the liability release, which are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
The Contest begins on 1 June, 2015 at 12:00 a.m. Eastern Time (“ET”),
and ends on 31 August, 2015 at 11:59 p.m. ET (the “Contest Period”).
Sponsor’s computer is the official time-keeping device for the Contest.
4. How to Enter: During the Contest Period, visit the website at challenge.icebreaker.com (the “Website”) and follow the links and instructions to complete and submit the application form, including accepting these terms and conditions, and your video file based on the specs detailed on the Website (such video file is hereafter referred to as your “Submission”).
After you have submitted your Submission and subject to Sponsor approval, your Submission will be posted for the Public Voting Period consistent with the details set forth in Section 5 and 6 of these Official Rules.
By uploading your Submission, you agree to these terms and conditions and that your Submission conforms to the Video Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove your Submission and disqualify you from the Promotion if it believes that your Submission fails to conform to the Guidelines and Restrictions.
You are also agreeing to be safe, and not engage in risky behaviour when making your Submission.
Limit: Each video can only be entered once. Submissions received from any person or email address in excess of the stated limit will be void. Submissions generated by script, macro or other automated means are void. Contestant must have permission from all individuals that appear in the Submission (if any) to use their name and likeness in the Submission and to grant the rights set forth herein. If requested, Contestant must be able to provide such permissions in a form acceptable to Sponsor.
Rights Granted: Uploading a Submission constitutes Contestant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, worldwide, non-exclusive license to reproduce, modify, distribute, publish, create derivative works from, perform, publicly display and otherwise use such submissions 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 and commercially or otherwise. If requested, Contestant will sign any documentation that may be requested by Sponsor or its designees to make use of the non-exclusive rights Contestant is granting to use the Submission. Released Parties (as defined in Section 9, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, unintelligible, garbled, delayed or misdirected Submissions, all of which will be void.
In the event of a dispute as to any Submission, the authorized account holder of the email address used to register will be deemed to be the Contestant and must comply with these Official Rules. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each Contestant may be required to show proof of being an authorized account holder.
5. Public Voting: After you have submitted your Submission and subject to Sponsor approval, your Submission may be posted in a gallery on the Website where the public will be invited to view the Submissions and vote on the Submission they feel is the most apt, original and interesting. The Public Voting Period will extend to 31 August 2015.
6. Winner Determination: During the Public Voting Period, the public will be able to vote on their preferred Submission, as described above. Following the Public Voting Period, Sponsor will determine the Grand Prize Winning Contestant, based on the Submission that has received the greatest number of valid votes for the European Region on the Website. In the event of a tie, representatives of the Sponsor will serve as judges to determine the winner by scoring how apt, original and interesting the tied Submissions with respect to their consistency with the Sponsor’s brand, in the judges’ sole discretion, and the highest scoring Submission shall win.
If Sponsor suspects or has knowledge that you purchased, bartered for, or otherwise offered consideration, or used an online voting or viewing service or group to obtain views for your Submission, your Submission is subject to disqualification in Sponsor’s sole discretion.
7. Winner Requirements: The selected Grand Prize Winning Contestant will be notified by email on or around 14 September, 2015. Except where prohibited, the Grand Prize Winning Contestant and Guest will be required to sign and return a Declaration of Compliance, Liability and Publicity Release, Liability Waiver and Release, tax forms, and any additional documents required for prize acceptance, which must be received by Administrator within five (5) calendar days of the date notice or attempted notice is sent, in order to claim his/her prize. If the Grand Prize Winning Contestant cannot be contacted, fails to execute and return the Declaration of Compliance, Liability and Publicity Release and any additional paperwork within the required time period (if applicable), does not comply with these Official Rules, is ineligible to win the prize, or the prize is returned as undeliverable, the Grand Prize Winning Contestant forfeits the prize. If the Grand Prize Winning Contestant is disqualified for any reason, the prize may be awarded to a runner-up selected by Sponsor using the judging criteria and selection process described in Section 6.
Acceptance of any prize shall constitute and signify the Grand Prize Winning Contestant’s agreement and consent that Sponsor and its designees may use the Contestant’s name, city, state or province, likeness, Submission and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Without limiting the generality of these Official Rules, the Grand Prize Winning Contestant hereby irrevocably transfers, conveys and assigns to Sponsor the entirety of the rights, title and interest in and to the Submission, including copyright and other intellectual property and the right to secure copyright registrations thereof in perpetuity including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. The Grand Prize Winning Contestant agrees to take, at Sponsor’s expense, any further action (including, without limitation, execution of affidavits, licenses, and other documents) reasonably requested by Sponsor to effect, perfect, or confirm Sponsor’s rights set forth above in these Official Rules, including this paragraph. Each Grand Prize Winning Contestant accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. The Grand Prize Winning Contestant will indemnify Sponsor, Released Parties (as defined in Section 9, below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms.
ONE (1) GRAND PRIZE:
1. One Trip to New Zealand from the Northern Hemisphere Region, as detailed below. Package includes (i) round-trip, coach-class airline tickets for the Selected Contestant and one (1) guest, aged 19 or over unless they are the winner’s child, (“Guest”) on or about February 2016 from a major commercial airport in either Paris in France, Frankfurt in Germany, Prague in Czech Republic or from a major commercial airport nearest the Selected Contestant’s home in either the US or Canada for a resident of the US or Canada (determined by Sponsor in its sole discretion) to Auckland, New Zealand; and (ii) 7 nights lodging in a hotel selected by Sponsor (one standard room, triple occupancy). Selected Contestant and Guest must travel and redeem prize during the date range determined by Sponsor in its sole discretion (approximately February 2016) or prize will be forfeited in its entirety; dates subject to change. Notwithstanding the foregoing, Sponsor will make reasonable efforts to select travel times acceptable to Selected Contestant and Guest. Travel subject to availability and blackout dates. Travel must be round-trip. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Sponsor will not be responsible if the Selected Content or Guest miss any portion of the trip for any reason. Travel and lodging are subject to availability. Selected Contestant and Guest must travel together on the same itinerary and are solely responsible for having any required travel-related documents (including valid government-issued photo identification and/or any required passport or visa) prior to departure and fulfilling all other travel and security requirements. Travel is subject to the terms and conditions set forth in this Contest, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, travel to and from the departure airport the Northern Hemisphere Region, passport costs, visa fees, ground transportation, meals, incidentals, gratuities, passenger tariffs or duties, airline fees, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of Selected Contestant and Guest. Travel restrictions, conditions and limitations may apply. Sponsor will not replace any lost, mutilated, or stolen tickets, passes, travel vouchers or certificates. Any and all activities related to the prize, including without limitation flying, are at the Selected Contestant’s and Guest’s own risk, including the risk of death, and subject to whatever restrictions are imposed by the entities that govern activities. If the Selected Contestant declines to accept a portion of the prize, that portion is forfeited. Terms and conditions of all passes apply. Odds of winning the prize depend on number of eligible entries received and quality of entries, as judged in accordance with these Official Rules. Approximate Retail Value (“ARV”): NZD$5000. Actual value of the prize may vary from approximate retail value. Selected Contestant will not receive difference between actual and approximate retail value. No insurance is provided as part of the prize, and obtaining any insurance (such as travel insurance, health, accident or medical insurance, or property loss or damage insurance) is the sole responsibility of the Selected Contestant and Guest. The Selected Contestant is responsible for the conduct and behaviour of Guest.
The prizes is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion, except that the Selected Contestant may elect to receive NZD$5,000 in lieu of the Grand Prize described above. Sponsor reserves the right to substitute a prize or prize component for one of equal or greater value if the designated prize should become unavailable for any reason. The Selected Contestant is responsible for all taxes and fees associated with prize receipt and/or use.
9. Release: BY ENTERING THE CONTEST OR BY ACCEPTING A PRIZE, CONTESTANTS AGREE TO RELEASE AND HOLD HARMLESS THE SPONSOR AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS, ADVERTISING/PROMOTION AGENCIES, AND PRIZE SUPPLIERS, AND EACH OF THEIR RESPECTIVE PARENT COMPANIES AND EACH SUCH COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”), FROM AND AGAINST ANY LIABILITY WHATSOEVER AND WAIVE ANY AND ALL CLAIMS OR CAUSES OF ACTION RELATED TO ANY CLAIMS, COSTS, INJURIES, LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE CONTEST OR DELIVERY, MISDELIVERY, ACCEPTANCE, POSSESSION, USE OR INABILITY TO USE ANY PRIZE (INCLUDING, WITHOUT LIMITATION, CLAIMS, COSTS, INJURIES, LOSSES AND DAMAGES RELATED TO PERSONAL INJURIES, DEATH, DAMAGE TO OR DESTRUCTION OF PROPERTY, RIGHTS OF PUBLICITY OR PRIVACY, DEFAMATION, OR PORTRAYAL IN A FALSE LIGHT, WHETHER INTENTIONAL OR UNINTENTIONAL), WHETHER UNDER A THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHER THEORY.
10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. If terminated Sponsor may, in its sole discretion, determine the Selected Contestants from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
11. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Contestant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions or votes or the tabulating of votes, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Contestant’s participation in the Contest or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third party use of any Submission.
12. Disputes: Except where prohibited, Contestant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of Oregon (Portland Division) or the appropriate Oregon State Court located in Multnomah County, Oregon; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will Contestant be permitted to obtain awards for, and Contestant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Contestant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Oregon without giving effect to any choice of law or conflict of law rules (whether of the State of Oregon or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Oregon.
Contestants’ information will be shared with Sponsor’s agents, representatives, and other third parties involved in the execution, administration, or hosting of this Contest, and may be further publicized as described herein.
14. Winners List: For a winners list or copy of these rules, send a request by email to firstname.lastname@example.org or by postal mail to Sponsor at its mailing address above.
© 2015 Icebreaker Limited. All rights reserved.