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LifeProof Standard Official Contest Rules
Posted June 12, 2012
The following official rules and regulations apply to all contest promotions (each, a “Promotion” or a “Contest”) sponsored by TreeFrog Developments, Inc., a Delaware corporation, DBA “LifeProof,” 4711 Viewridge Ave, Suite 150, San Diego, CA 92123 (“LifeProof”). Specific terms for the Promotion can be found in the announcement (the “Promotion Announcement”) for the Promotion which incorporates these Official Contest Rules.
1. NO PURCHASE NECESSARY TO ENTER OR WIN. A purchase will not increase your chances of winning.
2. PROMOTION PERIOD. The Promotion shall continue during the time period set forth in the Promotion Announcement (such time period, the “Promotion Period”).
The Promotion is open to participants (“Participants”) who are age 18 years or older at the time of entry. The Promotion is not open to: (a) employees or internally contracted vendors of LifeProof or its parent/subsidiaries, agents and affiliates; (b) the immediate family members or members of the same household of any such employee or vendor; (c) anyone professionally involved in the development or administration of the Promotion; or (d) any employee whose employer’s guidelines or regulations do not allow entry in the Promotion or acceptance of the prize(s). The Promotion is not open to individuals outside the United States. LifeProof reserves the right to limit, or restrict upon notice, participation in the Promotion to any person at any time for any reason in its sole discretion.
4. HOW TO ENTER. Please refer to the Promotion Announcement for instructions on how to enter the Contest.
a. Submission Format and Content Requirements. Please refer to the Promotion Announcement for any restrictions on submissions for entry into the Contest (each, a “Submission”).
b. Failure to Meet Requirements. Submissions not meeting the requirements set forth in the Promotion Announcement, or that contain prohibited, inappropriate, or irrelevant content, as determined by LifeProof in its sole discretion, will not be eligible for judging and will be disqualified. All Submissions suspected by LifeProof, in its sole discretion, of violating the proprietary rights of any third party (including intellectual property rights and rights of privacy/publicity), or any local, state or federal law(s) will be disqualified. Publication of a Submission by LifeProof does not mean the Submission has been deemed by LifeProof to be in compliance with these Official Rules.
c. Submissions. LifeProof’s clock is the official time keeping device for the Contest. Submissions must be received by the date and time listed in the Promotion Announcement to qualify. No hand, mail or email deliveries will be accepted. Once you register and upload your Submission in the Contest, you may not further modify or edit your submission. The Participant will be identified in the manner set forth in the Promotion Annoucement. In the event of dispute regarding the identity of a Participant, the dispute will be resolved by LifeProof in its discretion. Neither LifeProof nor any of its agents or affiliates will liable for any disputes between collaborators related to a Submission. Unless otherwise stated in the applicable Promotion Announcement, each Participant can provide only provide one Submission per Contest. Entries must be received during the Promotion Period. LifeProof is not responsible for late, lost, delayed, damaged, misdirected, incomplete, void, corrupted, garbled, illegible, and/or unintelligible entries, or for any problems, bugs or malfunctions Participants may encounter when submitting their entries. Only complete valid entries will be accepted. LifeProof will not verify receipt of entries. Participants must provide all information requested to be eligible to win. LifeProof reserves the right to disqualify false entries or entries suspected of being false. Incomplete, unreadable, or unintelligible entries, in the sole discretion of LifeProof, will be disqualified. All entries submitted become the sole property of LifeProof and will not be acknowledged or returned.
3. JUDGING CRITERIA. All entries will be judged based on criteria set forth in the Promotion Announcement. LifeProof’s decision will be final, and no binding correspondence will be entered into.
4. NOTIFICATION OF WINNER. The potential winner will be notified in the manner set forth in the Promotion Announcement.
5. PRIZE AWARD.
a. Prize. Subject to the terms of these Official Rules, once confirmed by LifeProof, the winner(s) of a Contest will be identified as set forth in the Promotion Announcement. The value of each prize is set forth in the Promotion Announcement.
b. Limit one prize per Participant. Potential winners are not entitled to any surplus between actual retail value of prize and stated approximate retail value (ARV); and any difference between stated ARV and actual value of the prize will not be awarded. No substitution, assignment, transfer, or cash redemption of prize will be allowed or provided; provided, however, that LifeProof reserves the right to substitute a prize with another prize of equal or greater value should the advertised prize become unavailable for any reason. Prizes may be subject to their own separate terms and conditions. Prizes may be awarded in the form of voucher(s), coupon(s) and/or gift card(s), in LifeProof’s sole discretion. If a potential winner is unable to participate in or accept the prize or any portion of the prize for any reason, LifeProof shall have no further obligation to the Participant. Neither LifeProof nor any of its prize suppliers will replace any lost or stolen prizes, cards or certificates. In no event will LifeProof be responsible for awarding more than the stated number of prizes.
6. ADDITIONAL CONDITIONS. The Promotion is void where prohibited or restricted by law, and is subject to applicable federal, state and local laws. The Promotion is subject to these Official Rules.
a. Originality. By participating in the Promotion, Participant warrants and represents that his or her Submission:
i. is original and has been legally created, and that Participant owns all rights to the Submission including, without limitation, the copyrights in the recording and the elements and performances contained therein;
ii. does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party;
iii. has not been entered in any previous contest or won any previous award;
iv. has not been published or distributed previously in any media; and
v. complies in all respects with the requirements set out in these Official Rules.
b. Third Party Rights. While Submissions may feature products from LifeProof and its affiliates, the Submission must not include the LifeProof logo unless it is physically part of a LifeProof product. Legal considerations may also restrict Participant’s ability to depict recognizable third party marks, copyrights, brands or other property without proper licenses. The Submission must not contain any elements that would infringe upon any third party’s rights (intellectual or otherwise), and must not include any commercial content that: (i) promotes any product or service other than one owned or branded by LifeProof, or (ii) disparages LifeProof, its affiliates, partners, customers, competitors or any third party in any way. This means that, all trademarks, service marks, copyrighted materials, including names on any and all props used in the filming of the Submission, and venues must be generic in nature. LifeProof’s determination as to whether Participant’s submission potentially violates the rights of any third party is final.
c. Permissions and Releases.
i. Participant acknowledges and agrees that he or she is responsible for obtaining any and all documents, policies and authorizations necessary to make the Submission and submit it to LifeProof in connection with the Promotion, including but not limited to publicity releases, permits and venue permissions, as may be necessary; and Participant represents and warrants to LifeProof that he or she has done so and can make written copies of such permissions available to LifeProof upon request.
ii. Participant specifically warrants and represents that he or she has obtained permission from each person whose name, image, likeness and/or voice (“Likeness”) is included in the Submission, and that such person(s) has/have granted Participant all necessary rights to use the person’s Likeness as described in these rules, and that Participant can make written copies of such permissions available to LifeProof upon request. If the Likeness of a minor is included, such grant of rights must include written permission from the minor’s parent or legal guardian authorizing the use of the minor’s likeness on behalf of the minor.
iii. The Submission must be produced using non-union (e.g., non-SAG) talent or talent that has not been and is not currently under any union or guild agreement that results in any ongoing obligations resulting from the use, exhibition or other exploitation of the Submission.
iv. Further, Participant warrants and represents that he or she has obtained written permission when filming any part of the Submission on private property not owned or controlled by Participant, where such permission is required.
d. Additional Content Limitations. The Submission must not include anything in its theme or language that would offend parents whose younger children view the Submission, and must not include any nudity, sex, explicit activity, violence or drug use, nor any references to same. The Submission must not contain content that would receive a rating higher than “G” under the U.S. Motion Picture Association of America standards.
e. License Grant. By uploading or otherwise making a Submission, Participant irrevocably grants LifeProof and its affiliates, legal representatives, assigns, agents and licensees, the unconditional, world-wide, irrevocable and perpetual right and permission, royalty-free, to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), for any purpose, the Participant’s Submission and ideas and materials contained therein, including, but not limited to, the recording and the performances contained therein (in each case, as submitted or as edited/modified in any way by the LifeProof, in its sole discretion), as well as to use Participant’s Likeness, and/or statements regarding his/her participation in the Promotion (with or without using the Participant’s name) in any and all media without limitation as to time or territory, and without additional compensation or approval from the Participant, or any other party. Participant waives all intellectual property rights, privacy/publicity rights or other legal or moral rights that might preclude LifeProof’s use or modification of the Submission, and agrees not to sue or assert any claim against the LifeProof for the use of the Submission or Participant’s Likeness or statements. The grant of rights under this paragraph includes all rights of paternity, integrity, disclosure, and withdrawal and any other rights that may be known as or referred to as “moral rights” (“Moral Rights”). If Moral Rights cannot be assigned under applicable law, then to the full extent allowed by law, Participant hereby waives such Moral Rights in favor of LifeProof and consents to any action of LifeProof which would violate such Moral Rights in the absence of such consent.
f. Indemnification. Participant agrees to indemnify and hold LifeProof, and its affiliates, officers, directors, agents, co-branders or other partners, and any of their employees (collectively, the “Indemnitees”), harmless from any and all claims, damages, expenses, costs (including reasonable attorneys’ fees) and liabilities (including settlements), brought or asserted by any third party against any of the Indemnitees due to or arising out of the Participant’s Submission in the Promotion, or the Participant’s conduct in creating any Submission or otherwise in connection with the Promotion, including but not limited to claims for trademark infringement, copyright infringement, violation of an individual’s right of publicity or right of privacy, or defamation. Participant further agrees to release LifeProof from any and all claims that any advertising, marketing or other materials subsequently produced, presented, and/or prepared by or on behalf of LifeProof infringes Participant’s rights with regard to any elements, characters or ideas contained in any submission in the Promotion.
g. Agreement to be Bound. By participating, Participants agree: (i) to be bound by these Official Rules and the decisions of LifeProof, which shall be final and binding, and (ii) to waive any right to claim ambiguity in the Promotion or these Official Rules, except where prohibited by law. All potential winners are responsible for the payment of any and all taxes, duty, national insurance and/or licenses and or other fees that may apply to such prizes; and the potential winner(s) may be issued an IRS Form 1099 or other tax documentation for the approximate retail value of any awarded prize. All potential winners are responsible for obtaining all necessary travel documents, including valid passports, visas and travel insurance, and complying with all health or other government regulations.
h. Release. By participating, all Participants agree to release and hold harmless LifeProof and its directors, employees, officers, licensees, licensors and agents, and their respective advertising and promotion entities and any person or entity associated with the production, judging, or administration of the Promotion (collectively, the “Released Parties”), from and against any and all rights, claims and causes of action whatsoever that they may have, or which may arise, against any of them for any liability for any matter, cause or thing whatsoever, including but not limited to any injury, loss, damage, whether direct, compensatory, incidental or consequential, to person(s), including death and damage to property, arising in whole or in part, directly or indirectly, from their acceptance, possession, use or misuse of a prize in the Promotion, or their participation in the Promotion, or their participation in any Promotion or prize-related activity. Each potential winner acknowledges that the Released Parties have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to any prize or the Promotion. Apart from manufacturer warranties (which may not be available in all geographies), all warranties are hereby disclaimed; and each potential winner will accept the prize “AS IS.” No support services are provided with any prize. None of the Released Parties are responsible for: (i) lost, late, misdirected, undeliverable, incomplete or indecipherable entries due to system errors or failures, or faulty transmissions or other telecommunications malfunctions and/or entries; (ii) technical failures of any kinds; (iii) failures of any of the equipment or programming associated with or utilized in the Promotion; (iv) unauthorized human and/or mechanical intervention in any part of the submission process or the Promotion; or (v) technical or human error which may occur in the administration of the Promotion or the processing of entries.
i. Disqualification. LifeProof reserves the right to disqualify any Participant it finds to be tampering with the entry process or the operation of the Promotion or violating these Official Rules, and reserves the right to cancel the Promotion should it suspect fraud or for reasons out of the control of LifeProof. DISPUTES REGARDING THESE OFFICIAL RULES AND/OR THE PROMOTION WILL BE GOVERNED BY THE INTERNAL LAWS OF THE STATE OF CALIFORNIA, USA. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROMOTION. SHOULD SUCH AN ATTEMPT BE MADE, LIFEPROOF RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
j. Compliance with Laws. All Participants are solely responsible for compliance with any applicable laws, rules and regulations, contractual limitations and/or office or company policies, if any, regarding Participant’s participation in trade promotions or acceptance of promotional prizes; and by entering the Promotion, Participant confirms that he or she is not in violation of any of the foregoing and has obtained the consent of his or her employer to participate, if applicable. If a Participant is not permitted to accept any received prize, then the Participant may return such prize to LifeProof; and LifeProof will refund the cost of shipment, as appropriate.
k. Modification or Cancellation; Alternative Prizes. Where permitted by law, LifeProof reserves the right in its discretion to (i) add, modify, change or discontinue the Promotion at any time, and/or (ii) offer alternative prizes of equal value, should the original prizes become unavailable due to circumstances beyond its control.
7. PUBLICITY. Participant acknowledges and agrees that LifeProof may use the Promotion (including any Submission, including, without limitation, videos and photos) for publicity, advertising or other marketing purposes, in any media, and may use the name, likeness, and hometown name and/or prize information of potential winners as part of that publicity, without additional compensation to the potential winners.
9. OFFICIAL RULES AND WINNERS’ LIST. For a copy of these Official Rules or the names of winners for a specific contest, please send an email to email@example.com for receipt within 10 days of the end of the applicable Promotion Period.