NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. No travel or accommodations will be awarded with any prize
EXCEPT FOR THE MARKS OF THE SPONSOR (ADDRESSED BELOW), ENTRY MUST NOT CONTAIN ANY THIRD-PARTY TRADEMARKS, LOGOS, TRADE DRESS OR PROMOTION OF ANY BRAND, PRODUCT, OR SERVICE.
ELIGIBILITY: The Relive Summer Contest (“Contest”) begins on September 10, 2014 at 12:01 a.m. Pacific Time (“PT”) and ends on September 30, 2014 at 11:59 p.m. PT (“Promotion Period”). The time shall be determined by Sponsor’s timekeeping systems, but Sponsor may rely on the timekeeping systems of Instagram in its sole discretion. Sponsor shall have the sole discretion in determining the timeliness of any action or inaction related to this Contest. All times mentioned in these Official Rules are Pacific Time unless expressly noted otherwise.
The Contest is open to legal residents of the 50 United States, Puerto Rico, and the District of Columbia who are at least 18 years old and the age of majority in their jurisdictions of residence as of the date of entry. Void where prohibited. Employees of Red Bull North America, Inc. (“Sponsor”), and its parent companies, subsidiaries, affiliates, advertising agencies, public relations agencies, prize suppliers, including any vendors providing services in connection with this Contest (collectively, the “Sponsor Affiliates”), and employees, agents, directors, officers (including members of their immediate family – i.e., spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren – or those living in the same household) of Sponsor or any Sponsor Affiliates are not eligible to participate in the Contest. Contest is subject to all applicable federal, state, and local laws.
To participate, you must have an Instagram® account that is open to the public (an account where anyone can subscribe to follow your photos). You are not eligible to participate if your Instagram account is set to the private option (where a user must approve all follow requests). If you are not a registered Instagram user, you can download one of Instagram’s mobile apps to sign up for Instagram. There is no charge to become a registered user of Instagram.
TO ENTER: To enter this Contest, complete the following steps during the Promotion Period:
1. Follow “@RBsoundselect” on Instagram;
2. Post an image of the theme (the “Theme”) of your favorite musical memory of summer to your Instagram account (the “Image”); and
3. Include “#relivesummer” in the caption for the Image.
In the planning, creation, and distribution of your entry or entries (including, without limitation, the Image(s)), you warrant and represent that you will abide by all laws, regulations, and ordinances and that you will not harm, attempt to harm, or threaten to harm any person (including yourself) or property. You further warrant and represent that you will take the highest level of care in planning, creating, and distributing your entries.
Each entry must meet all of the Required Representations and Warranties set forth below to the fullest extent applicable for that entry. Failure to complete any step outlined in, or to follow any of, the Official Rules may result in your disqualification.
REQUIRED REPRESENTATIONS AND WARRANTIES: By participating in this Contest, you represent and warrant that all of your entries (including, without limitation, the Image(s)) comply with the following criteria as applicable (collectively, the “Required Representations and Warranties”):
(i) Your entry or entries must be your own original work or you must have all the rights necessary to post or re-post the content. Each entry must not contain any material that would violate or infringe upon the rights of any person or entity, including without limitation copyrights, trademarks or rights of privacy or publicity, or that is defamatory, threatening, indecent, obscene or offensive, or that is unlawful, in violation of or contrary to any applicable laws or regulations, or which requires a license from any third party.
(ii) You must have the express written consent of any identifiable persons appearing or referenced in your entry or entries to their Persona (as defined below) being used in the ways set out in these Official Rules, including Sponsor’s right to use your entry or entries for any future commercial purpose without restrictions. Upon request, you will obtain written consent of any such persons for Sponsor in the form identified by Sponsor. If any person appearing in any entry is under the age of majority in their jurisdiction of residence, the written consent and signature of a parent or legal guardian is required.
(iii) Except for the marks of the Sponsor (addressed below), the entry and image must not contain or reference any names, products or services of any company or entity or any third party trademarks, logos, trade dress or promotion of any brand, product, or service. Sponsor grants you the limited permission to display each of their marks and products in your entry and image solely for purposes of entering this Contest and subject to these Official Rules.
(iv) Each entry must be appropriate for public viewing. Without limiting the foregoing, each entry must not be lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, violate any laws or otherwise contain content which Sponsor in its sole discretion decides is inappropriate or objectionable. Your entry or entries must also not disparage or cast a negative light on any person, entity, or brand, product, or service.
(v) Each entry must comply with all of Instagram’s requirements and terms regarding the use of their services.
Sponsor reserves the right in its sole discretion to not consider any entry for the Contest if it believes the entry violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these Official Rules. You agree to reimburse Sponsor and Sponsor Affiliates in full in respect of any losses, damages, and expenses, including reasonable attorney fees that they may sustain from the breach of a representation or warranty made by you or the use of any rights granted by you to Sponsor hereunder. By entering, you warrant that your entry or entries comply with the requirements set out above including those at (i)-(v) above. By entering, you grant to Sponsor a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, sub-licensable, freely assignable license to reproduce your entry and any Image(s) and to otherwise use, exploit, copy, modify, adapt, edit, publish and display the entry and/or Image(s) in any form, manner, venue, media or technology now known or later developed for any and all purposes, including, without limitation, for purposes of trade, advertising, and promotion as Sponsor and its licensees or assignees determine, without further compensation, notification, or permission. Further, by entering, you hereby waive any moral rights you may have in any entry or entries in favor of the Sponsor.
By submitting any entry or entries, you also grant to Sponsor the worldwide, perpetual, irrevocable, fully sub-licensable, and freely transferable right, but not the obligation, to use any and all names, identities, titles, likenesses, distinctive appearances, physical likenesses, images, portraits, pictures, photographs (whether still or moving), screen personas, voices, vocal styles, statements, gestures, mannerisms, personalities, performance characteristics, biographical data, signatures, and any other indicia or imitations of identity or likeness listed, provided, referenced, or otherwise contained in the entry and/or image (all attributes, collectively, per person, a “Persona”) for purposes of advertising and trade, in any format, medium, or technology now known or later developed without further notice, approval, or compensation, unless prohibited by law.
WINNER SELECTION: On or about October 1, 2014 a representative of Sponsor chosen by Sponsor in its sole discretion will select one (1) potential Grand Prize winner. The one (1) potential Grand Prize winner will be the representative’s favorite entry as selected in its sole discretion. Sponsor’s representative may consider the quality of the entry, the Theme, and other details, but is not obligated to and will select the winner entirely in its discretion.
GRAND PRIZES: The one (1) Grand Prize winner will, upon verification of eligibility and compliance with these Official Rules, receive a Red Bull Sound Select merchandise package including a selection of merchandise selected by Sponsor in its sole discretion. The approximate retail value of the Grand Prize is $300.
All prizes are awarded "AS IS." Neither Sponsor nor Sponsor Affiliates make or offer any warranty or guarantee, either express or implied (including, without limitation, quality, merchantability and fitness for a particular purpose) in connection with this Contest or any prize. No issuer of any offered prize is sponsoring this Contest. Prize details and availability are subject to change, in which case a prize of equal value may be substituted at Sponsor's sole discretion. Prizes consist only of the items listed, are non-transferable, with no cash redemption or substitution except at Sponsor's sole discretion. Sponsor will determine all prize details (brand, model, size, etc.) in its sole discretion. Federal, state, or local taxes on prizes, if any, and any other costs, fees or expenses not listed above are the sole responsibility of each winner.
NOTIFICATION: Potential winner(s) will be notified by direct message or by comment on Instagram after he or she has been selected as a potential winner. Sponsor may require the potential winner to verify that he or she is the owner of the relevant Instagram account. Potential winner must respond to the notification message and provide all requested information within twenty-four (24) hours of the first contact or attempted contact from Sponsor or the potential prize may be forfeited. To claim any prize, Sponsor may require winner to complete, sign, and return an Affidavit of Eligibility/Liability Release/Publicity Release forms, and other applicable documents, which may require a social security number, before claiming and prize. All required documents must be completed and returned to Sponsor within ten (10) days of the date and time listed on the documents. At Sponsor’s discretion, winner(s) may be required to produce picture or some other form of proper identification to claim any prize. Sponsor reserves the right to substitute any prize with prize of equal or greater value. If a potential winner cannot be contacted, fails to timely claim the prize, is disqualified, fails to timely execute and return any required forms, or if the prize notification is returned as undeliverable, an alternate winner will be selected from among the remaining eligible entries by random draw or as solely determined by Sponsor. If by reason of printing or other error, more prizes are claimed than the number of prizes set forth in these Official Rules, a random drawing will be held to award the advertised number of prizes in the relevant category. Under no circumstances will more than the advertised number of prizes be awarded.
To be eligible to BE DECLARED A Grand Prize WINNER, the potential Grand Prize winner must transfer all intellectual property rights that he or she does or may have in the ENTRY AND IMAGE and any related materials (as determined in Sponsor’s sole discretion). By entering this Contest the potential Grand Prize winnerS expressly agree to complete all paperwork required to complete this transfer (the “Intellectual Property Assignment”) before he or she will be permitted to claim any part of the GRAND Prize or be declared A Grand Prize Winner.
NO LIABILITY & INDEMNIFICATION: By entering this Contest, you agree to release, discharge and hold harmless Sponsor, Sponsor Affiliates, Instagram, LLC, and their respective directors, officers, employees, agents and assigns (the “Released Parties”) from any claims, losses, and damages arising out of, or relating to, your participation in this Contest or any Contest-related activities (including, without limitation, the concert) and the acceptance and use, misuse, or possession of any prize awarded hereunder (including, without limitation, any misrepresentation made by you in connection with the Contest; any non-compliance by you with these Official Rules; claims brought by persons or entities other than the parties to these Official Rules arising from or related to your involvement with the Contest; acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in this Contest; any malfunction, error or other problem arising in connection with the collection, processing, or retention of entry information; or any typographical or other error in the printing, offering or announcement of any prize or winner). The foregoing includes, without limitation, any claim for personal injury, property loss or damage, or death arising in any way in connection with the Contest.
OTHER TERMS: Decisions of Sponsor on all matters related to the Contest are final and binding. Sponsor reserves the right to cancel or modify the Contest for any reason, including but not limited to, if fraud, misconduct or technical failures destroy the integrity of the Contest, or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper administration of the Contest as determined by Sponsor, in its sole discretion. Sponsor reserves the right to disqualify or prohibit the participation of an individual if fraud or tampering is suspected, or if the individual fails to comply with any requirement of participation or with any provision in these Official Rules. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL & CIVIL LAWS. SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND/OR SEEK DAMAGES FROM ANY INDIVIDUAL MAKING ANY SUCH ATTEMPTS TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.
GOVERNING LAW & MANDATORY ARBITRATION: Any disputes arising under this Contest and/or these Official Rules will be governed by relevant U.S. federal statutes and regulations and the internal laws of the State of California. Sponsor and each entrant agree that any such claim or dispute between the parties, or between a party and any agent, employee, successor, or assign of the other, related to this Contest and/or these Official Rules (including the applicability of this arbitration clause) shall be resolved by binding arbitration administered by the JAMS under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS’ website (www.jamsadr.com) or by calling JAMS at 949-224-1810. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.
RIGHT TO DISQUALIFY: Sponsor reserves the right to disqualify or prohibit the participation of an individual if fraud or tampering is suspected; if the individual fails to comply with any requirement of participation or with any provision in these Official Rules; if the individual’s behavior or communication at any point is disruptive, may or does cause damage or to any person, property, or reputation of Sponsor, or is otherwise not in accordance with all applicable laws and generally accepted social practices as determined in Sponsor’s sole discretion.
SEVERABILITY: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
NO AFFILIATION WITH INSTAGRAM: This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram or any other named or depicted people or entities other than Sponsor and Sponsor Affiliates. Any questions, comments or complaints regarding the Contest should be directed to Sponsor.
WINNER LIST: To obtain a list of winners, visit @RBsoundselect on Instagram where the winners will be announced.
SPONSOR: Red Bull North America, Inc., 1740 Stewart Street, Santa Monica, CA 90404.