OFFICIAL CONTEST RULES
Participation in this Contest constitutes entrant's full and unconditional agreement to these Official Rules and the Administrator's decisions, which are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED. A PURCHASE OF ANY KIND WILL NOT INCREASE YOUR CHANCE OF WINNING. ALL DETERMINATIONS MADE BY FREEHUB MAGAZINE OR ADMINISTRATOR ARE FINAL. ENTRY INTO THE CONTEST CONSTITUTES ACCEPTANCE OF THESE OFFICIAL RULES.
BY PARTICIPATING, ENTRANT ACKNOWLEDGES THAT THEY ARE PARTICIPATING AT THEIR OWN RISK AND THAT NEITHER THE ADMINISTRATOR NOR FREEHUB MAGAZINE IS RESPONSIBLE FOR ANY PHYSICAL HARM OR DEATH THAT MAY BEFALL ANY ENTRANT AS A RESULT OF PARTICIPATION IN THIS CONTEST. PARTICIPANTS SHOULD NOT EXPOSE THEMSELVES OR OTHERS TO ANY DANGEROUS, HARMFUL OR ILLEGAL BEHAVIOR OR ACTIVITY AT ANY TIME DURING THIS CONTEST. PARTICIPANTS AGREE TO ABIDE BY ALL APPLICABLE LAWS.
“The Perfect Day” Powered by The Freehub Contest (the “Contest”) is a video submission skill based contest administered by Freehub Media (the “Administrator”). The Contest consists of the following:
The Contest is open to users worldwide who: (i) at the time of entry, are at least 13 years of age or older; and (ii) have not purchased anything for the purpose of entering the Contest (collectively, the “Eligibility Criteria”). For purposes of this Contest, “Entrant” means the person who actually submits the Submission (as defined below) on behalf of himself/herself individually or with respect to participation of a minor (as defined in his or her state of residence), such individual shall clear his or her participation in the Contest and his or her understanding of these Official Rules with his or her parent or legal guardian(s) who shall also be the Entrant for such individual hereunder. Employees of the Administrator, affiliates, subsidiaries, advertising, promotion, fulfillment or other coordinating agencies, individuals providing services to the Administrator through an outsourcer or temporary employment agency during the Contest Period (collectively, the “Contest Entities”), and their respective immediate family members and persons living in their same household whether related or not, are not eligible to participate in the Contest. Participation in the Contest constitutes Entrant’s full and unconditional agreement to and acceptance of these Official Rules (“Official Rules”). VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
The Contest begins at 12:00:01 a.m. Pacific Time (PST) on September 1st, 2017 and ends at 11:59:59 p.m. PT on October 1st, 2017 (the "Contest Period"). All Submissions must be entered into the Contest during Entry Period.
4. HOW TO ENTER:
Any Entrant may register for the Contest by visiting https://freehubmag.com/perfectday (the “Website”) during the Contest Period and then navigating to the Entry Submission Form.
5. ENTRY REQUIREMENTS:
By entering a video (a “Submission”), the Entrant certifies, represents, and warrants that (i) the Submission is Entrant’s original video or audio visual content, footage and photographs–¬ and does not infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or violate of any applicable law or regulation when used as contemplated in these Official Rules; (ii) has all rights and licenses necessary to grant to Freehub Magazine the rights granted to the Submissions and Appearances (defined below) and (iii) consists of one (1) video that conforms to the following Submission Guidelines and Restrictions (collectively, the “Entry Requirements”):
- Must not be of poor visual and/or audio quality.
- Submission must be original. (videos submitted with an upload date prior to the start of the contest date will not be accepted)
- No duplicate Submissions may be submitted.
- Submission must not contain material that violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement.
- Submission does not contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media or musical material) without written permission;
- Submission must not disparage the Freehub Magazine or any other person or party affiliated with the Contest.
- Submission must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous.
- Submission cannot be profane, pornographic, sexually explicit or suggestive or contain nudity.
- Submission cannot be violent or promote firearms/weapons.
- Submission cannot promote alcohol, illegal drugs or tobacco.
- Submission cannot defame, misrepresent or contain disparaging remarks about people, brands, products or
- Submission cannot 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
- Submission must not contain unsportsmanlike conduct, extraordinarily dangerous acts, or reckless acts.
- Submission cannot communicate messages or images inconsistent with the positive images and/or goodwill to which the Freehub Magazine wish to associate.
- Submission must not depict products or brands competitive with those of the Freehub Magazine, as determined by the Freehub Magazine in its sole discretion.
- Submission cannot depict illegal activity and cannot itself be in violation of any law.
Compliance with the foregoing requirements shall be determined by Freehub Magazine in its sole discretion.
6. SELECTION OF WINNERS:
All eligible Submissions will be judged by a panel of judges who are skilled in the fields of creative, marketing, media, advertising, and/or bicycling (the “Judging Panel”).
Grand Prize Winner (GoPro Karma Kit)
The Grand Prize Winner will be determined by the Judging Panel, using the Judging Criteria, will select the highest scoring Displayed Submissions. The Winner will be announced on October 18th th via FreehubMag.com and social media (Facebook, Instagram).
People’s Choice Award (evoc X Freehub FR Enduro Pack)
Four finalist will be selected by the Judging Panel and will be displayed on FreehubMag.com. Fans can then vote for their favorite submission during the Contest Voting Period. The People’s Choice Award will be determined by accrual of the most votes during the Contest Voting Period via the Contest Website. Voting for the People’s Choice will open on October 6th, 2017 and will close on October 15th, 2017. The winner of the People's Choice Award is the video with the most votes after the Contest Voting Period. The winner of the People’s Choice Award will be announced on October 18th via FreehubMag.com and social media (Facebook, Instagram).
7. JUDGING CRITERIA:
The Winners will be determined by the Judging Panel based on the
• Originality (25%)
• Content/Storytelling (25%)
• Filming (25%)
• Editing (25%)
(collectively, the "Judging Criteria").
The Judging Panel will decide the Winners at their sole discretion. One (1) Grand Prize Winner will be determined. THE DECISIONS OF THE JUDGING PANEL ARE FINAL AND BINDING AS TO ALL ENTRANTS.
During the Contest Voting Period, consumers will be able to “vote” on their favorite Displayed Submissions via the Contest Website. Each person is limited to one (1) vote per day. Any use of robotic, macro, automatic, programmed or like voting methods will void all such votes. Any attempt by an Entrant and/or his/her respective family/friends to vote more than the number of times authorized herein using multiple names, accounts, email addresses, paying or retaining third parties to create accounts for the purposes of voting and/or any other fraudulent mechanism, as determined by Freehub Magazine in their sole discretion, shall give Freehub Magazine the right to disqualify such Entrant in their reasonable discretion. Any attempt by any person to fraudulently circumvent the voting restrictions in order to cast multiple votes will result in disqualification of all such votes received and may result in disqualification of the Finalist for whom the improper votes were received if Freehub Magazine determines that that Finalist was involved in any way in the perpetration of such fraud. At the end of the applicable Voting Period, the Displayed Submission receiving the highest number of votes will be declared the People's Choice Award Winner. In the event of a tie, the winner will be determined by the Finalist's Entry receiving the highest score (as originally judged) using the Judging Criteria.
9. NOTIFICATION AND VERIFICATION:
All Winners will be notified on Freehub Magazine’s website (i.e. FreehubMag.com) or Freehub Magazine’s social media pages (Facebook, Instagram) or notified individually via email. Should there be any question as to originality of a winning Submission, of in the event that ownership of Submission cannot be satisfactorily determined by the Freehub Magazine, Freehub Magazine reserves the right to revoke a prize and disqualify the Submission. Without limiting any other terms of these Official Rules, if a potential Winner cannot be contacted, is ineligible and/or fails to claim a prize, the applicable prize may be forfeited and awarded to an alternate Winner. In the event of a dispute regarding the identity of a prize Winner, the entry will be deemed submitted by the Authorized Account Holder of the email account specified in the entry. Should there be any question as to originality of a winning Submission, or in the event that ownership of Submission cannot be satisfactorily determined by Freehub Magazine, Freehub Magazine reserves the right to revoke a prize and disqualify the Submission. "Authorized Account Holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. No automatically generated entries will be accepted.
Total ARV of the Grand Prize is $1,099.99
The ARV of the People's Choice Award is $200.00
Total ARV of all Prizes is $1299.99
11. ADDITIONAL PRIZE TERMS:
Prizes are not assignable or transferable and may not be sold. Winners are responsible for all federal, state, local and income taxes associated with winning prize. Winners will be required to furnish his/her social security number for the sole purpose of preparation of any tax forms as
required by law.
By accepting a prize, each Winner further agree to release the Freehub Magazine, from any and all liability, loss or damage of any kind arising out of or in connection with Winners' participation in this Contest or with respect to the awarding, receipt, possession, use and/or misuse of any prize.
No confidential relationship is established by any Entrant and the Contest Entities as a result of entering the Contest. None of the information submitted by the Entrant will be treated as trade secrets, confidential information or as protected data under any obligation. Potential Entrants do not receive by way of or under the Contest any intellectual property or other rights in any copyrights, patents, trademarks, trade names, technology, trade secrets or know¬how of the Freehub Magazine or any third party.
The prizes are a single indivisible package; and any refusal of a Winner (or potential Winner as the case may be) to accept any terms or any portion of a prize package or any attempt to transfer, sell, fail to cooperate with, renounce, repudiate and/or refuse any part of a prize package may immediately disqualify the Winner (or potential Winner) from the Contest and/or cause such Winner (or potential winner) to forfeit all or any portion of the prize package in the Freehub Magazine’s sole discretion. In the event of disqualification of a Winner, Freehub Magazine may select the Entrant with the next highest ranking as determined by the Judging Panel as the Winner. ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.
13. GENERAL TERMS:
Freehub Magazine or its designated representative has the right, but not the obligation, to monitor/screen Submissions and Entrant’s Contest account. By entering, Entrant acknowledges that Freehub Magazine has no obligation to use or post any Submission or permit any Entrant to participate who enters a Submission that violates or is not eligible under these Official Rules. 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, Freehub Magazine reserves the right, at its sole discretion, to cancel, modify or terminate the Contest or any portion thereof. any attempt by an entrant or other individual to deliberately damage or undermine the legitimate operation of this CONTEST, including but not limited to any fraudulent claims, may be a violation of criminal and civil laws – and should such an attempt be made, Freehub Magazine reserves the right to seek remedies and damages from any such individual, to the fullest extent permitted by law, including criminal prosecution. Proof of entering or making a Submission will not be deemed to be proof of receipt by Freehub Magazine of entry. Any use of robotic, automatic, programmed or like entry methods will void all Submissions affected by such methods and be deemed tampering. Persons engaging in any of the foregoing activities may be disqualified. Freehub Magazine’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. By participating, Entrants agree to be bound by these Official Rules and the decisions of Freehub Magazine, Administrator and Judging Panel and waive any right to claim ambiguity in the Contest or these Official Rules. In addition, Entrants agree to receive news and offers from Freehub Magazine, Administrator, and Freehub Magazine’s affiliates and promotional partners and supporters. Freehub Magazine reserves the right to make changes or additions to these Official Rules and/or change the dates of the Contest at any time. This Contest is governed by the laws of the State of California. By entering, Entrants consent to the jurisdiction and venue of the federal, state and local courts located in Santa Clara County, California for the resolution of any disputes. By making a Submission, your agree that (i) any and all disputes, claims, and causes of action arising out of or in connection with the Contest, or any prizes awarded, shall be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to actual out¬of¬pocket costs incurred, including costs associated with entering the Contest, but in no event attorney’s fees; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses.
THE ENFORCEMENT AND INTERPRETATION OF THESE CONTEST RULES SHALL BE EXCLUSIVELY DETERMINED BY FREEHUB MAGAZINE IN THEIR SOLE DISCRETION. ALL ENTRANTS AGREE TO BE BOUND BY ALL SUCH FREEHUB MAGAZINE DETERMINATIONS AND ACKNOWLEDGE THAT SUCH DETERMINATIONS ARE FINAL AND NONAPPEALABLE.
14. LIMITATIONS OF LIABILITY AND RELEASE:
Freehub Magazine is not responsible for: (i) technical problems or technical malfunction which may affect the operation of the Contest, including but not limited to any of the following occurrences (a) hardware or software errors; (b) faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; (c) errors or limitations of any Internet service providers, servers, hosts or providers; (d) garbled, jumbled or faulty data transmissions; (e) failure of any e¬mail transmissions to be sent to or received; (f) any inability to upload or download any information in connection with participation in the Contest; (g) inaccessibility of Contest platform or the Website, in whole or in part for any reason, or traffic congestions on the Internet; (h) lost, late, delayed, corrupted or intercepted e¬mail or Submission transmissions; (i) unauthorized human or non¬human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; (j) destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an account used in connection with the Contest, including but not limited to, undeliverable contact attempts that result from any form of active or passive email filtering by a user’s Internet service provider and/or email client or for insufficient space in user’s account to receive email; (k) any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Website or Contest platform; (ii) flood, earthquake or other acts of God; (iii) work stoppages or other labor interruptions; or (iv) any personal injury, death, or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment resulting from participation in the Contest, use of the Website, Contest platform, filming of Submissions, or the download of any information from the Website or Contest platform.
IN NO EVENT WILL CONTEST ENTITIES BE LIABLE TO ENTRANTS FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH ENTRANTS’ PARTICIPATION IN THE CONTEST, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT FREEHUB MAGAZINE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Entrant acknowledges that Contest Entities, and their respective parents, subsidiaries, affiliates, successors, assigns, officers, directors, shareholders and prize providers (collectively "Released Parties" and individually “Released Party”) shall not be liable for any injury, death, damage, loss, expense, accident, delay, inconvenience, or other irregularity that may be caused or contributed to (i) by any wrongful, negligent, or unauthorized act or omission on the part of any other suppliers or any of their agents, servants, employees, or independent contractors (collectively, “Suppliers”); (ii) by any defect in or failure of any vehicle, equipment, accessories, instrumentality, service, product, or accommodation that is owned, operated, furnished, or used by any of those Suppliers; (iii) by the wrongful, negligent, or unauthorized act or omission on the part of any other person or entity not directly employed by that Released Party; or (iv) by any cause, condition, or event whatsoever beyond the control of that Released Party. Entrant hereby waives, releases and discharges each Released Party from and against any claims, damages or liability, even if caused by the negligence or willful misconduct of the Released Party, for any injury, damage, loss, expense, accident, delay, inconvenience, or irregularity arising out of or relating to any person (including, but not limited to, death) or property of any kind resulting in whole or in part, directly or indirectly, from participation in this Contest or in any
Contest related activity or from acceptance, possession, use or misuse of any prize.
By entering the Contest, Entrants acknowledge that they are familiar with the provisions of California Civil Code Section 1542, which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
Accordingly, by entering the Contest, Entrants (on their behalf and on behalf of their heirs, executors, administrators, personal representatives, predecessors, successors and assigns of any of the foregoing, and all other persons and entities asserting rights of or acting on behalf of the entrant) hereby waive and relinquish any right or benefit which Entrant or such persons has, have or may have against Contest Entities under Section 1542 of the Civil Code of the State of California, or under any similar statutory or common law of any other jurisdiction to the full extent that any such person may lawfully waive such rights and benefits pertaining to the releases set forth in these Official Rules, the Website and Contest platform TOU and applicable
privacy policies. In the event of early termination of the Contest for any reason at Freehub Magazine’s sole discretion, a notice will be posted on the Website, Template Site and Contest platform and judging will be conducted from among the eligible Entrants received prior to termination using the process
described in Paragraphs 5 and 6.
https://freehubmag.com/policies or more information about Contest Entities’ information collection and use practices.
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