ARNETTE® #LIVEARNETTE AMBASSADOR CONTEST
This Contest is in no way sponsored, endorsed or administered by Facebook®. You understand you are providing your information to Sponsor, and not to Facebook and such information will be used for the purposes of recording participation in the Contest and winner notifications. Facebook is completely released of all liability by each entrant in this Contest. Any questions, comments or complaints regarding the Contest must be directed to the Sponsor and not Facebook.
Contest Description: Sponsor is offering the ARNETTE® #LIVEARNETTE AMBASSADOR CONTEST (the “Contest”). Subject to and in accordance with these Official Rules one (1) winner will be selected, based on the judging criteria in these Official Rules, to be the 2013 ARNETTE Ambassador, who is adept at social networking communication, to post on his/her personal social media accounts about his/her LIVEARNETTE lifestyle and the style, quality and benefits of the brand. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of the Sponsor, which shall be final and binding with respect to all aspects of the Contest, including without limitation, eligibility and/or disqualification of entries and/or entrants.
1. Eligibility: The Contest is open only to legal residents of the 50 United States and the District of Columbia, Puerto Rico and Canada (except Quebec) who are 18 years of age or older and of the age of majority in their jurisdiction of residence as of March 15, 2013.
Employees, officers, and directors of Sponsor, its affiliated companies, and its parent company, their immediate family members and those living in the same household are not eligible to enter or win. Void where prohibited, taxed or restricted by law. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of the Sponsor, which shall be final and binding with respect to all aspects of the Contest, including without limitation, eligibility and/or disqualification of entries and/or entrants.
(The selected entrant will also be required to have or to open, and to actively participate in social media via, one or more social media (Facebook, Twitter, Pinterest and/or Instagram) account(s) as a condition of being confirmed as the winner – see Rules 3, 4 and 7 below)
2. Timing: The Contest begins at 12:00:01 am ET on March 15, 2013 and ends at 11:59:59 pm ET April 30, 2013 (the “Contest Period”).
3. How to Enter (No Purchase Necessary): During the Contest Period, visit the ARNETTE Facebook page at Facebook.com/Arnette, “Like” the page (if you are not already a fan of the page), follow the online instructions to allow the Contest application and complete and submit your entry by: (a) completing all required entry information, including your email address and social media (Facebook, Twitter, Pinterest and/or Instagram) account, daytime phone number and age acknowledgement; and (b) submitting a short essay (500 words or less) as to how you are living the LIVEARNETTE lifestyle by living/sharing/participating in at least one of the following qualities/activities:
· Wake boarding
· BMX riding
· MX riding
· Passion for ARNETTE riders
· Owning and collecting ARNETTE eyewear
· Communicating with ARNETTE via social media
· Passion for pop culture
Additionally, if selected you must have the availability to regularly participate in social media, as described in these Official Rules, and work as an independent contractor for Sponsor for a 12-month period, as required by Sponsor. If you have been convicted of felony you are not eligible. Upon submission of the completed entry, you will receive one (1) entry into the Contest. Your entry will be subject to moderation by Sponsor and must comply with the following:
§ Restrictions: The entry may not (in the opinion of the Sponsor, in its sole and absolute discretion) be offensive, insulting, defamatory, slanderous, pornographic, vulgar, obscene, pornographic or blasphemous, may not in any way violate principles of public order and morality or potentially cause damage in any way to minors, and may not be illegal for any reason. Furthermore, the entry must not violate the laws in force – including but not limited to copyright law and data protection law – or contain distinctive marks, intellectual or industrial property rights or other third-party rights; must not include material protected under copyright without express authorization from the third parties. If Sponsor deems the entry to be invalid for any reason, your entry will not be posted and you will not receive an entry into the Contest. Notwithstanding the foregoing, the posting/publication of an entry by the Sponsor as contemplated in these Official Rules does not constitute a representation by the Sponsor that the entry meet the terms and conditions of these Official Rules and entries and entrants remain subject to review and validation at any time by the Sponsor.
§ Entry Limit: There is a limit of one (1) entry per person and per e-mail address during the Contest Period. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than one (1) entry by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified, in the sole and absolute discretion of the Sponsor. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to the identity of the entrant, the Sponsor reserves the right to deem the entrant to be the authorized account holder of the email address used to enter. 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. The potential winner may be required to show proof of being an authorized account holder.
§ Consent to Use: Your participation in the Contest constitutes your express consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display your entry 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. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to the Sponsor hereunder to use the entry. Entrant waives any and all moral rights (or similar rights) in his/her entry in favour of the Sponsor and any person authorized by Sponsor to use such entrant’s entry.
In Sponsor’s sole opinion, entries which do not meet any of these requirements and/or which Sponsor deems negative, offensive or controversial in any way, may be disqualified and removed from public view, at the Sponsor’s sole and absolute discretion.
4. Judging and Selection of Winner: All eligible entries received will be judged according to the following weighted criteria by a panel of judges appointed by the Sponsor (the “Judging Panel”):
· Enthusiasm and motivation for the ARNETTE brand (50%)
· Effective communication (25%)
· Creativity and originality (25%)
Judging will take place on or about May 1, 2013 (the “Judging Date”) and the potential winner selected by the Judging Panel on the basis of the highest total score for the above criteria, subject to verification of eligibility and compliance with the Official Rules. Odds of being selected as the eligible winner of the Prize (see Rule 7 below) depend on the number and calibre of eligible entries submitted and received during the Contest Period in accordance with these Rules.
5. TIEBREAKER: In the event of a tie between two or more eligible entries based on total score, the entry – from amongst all such eligible entries that are tied – with the highest score on criterion 1in Rule 4 above will be deemed to be the higher-scored entry. In the event there is still a tie between two or more eligible entries based on the score for criterion 1, the eligible entry – from amongst all such eligible entries that are still tied – with the highest score on criterion 2 in Rule 4 above will be deemed to be the higher-scored entry. In the event of a tie based on the scores for criteria 1, 2 and 3, a new panel of judges will be appointed by the Sponsor to break the tie in accordance with the preceding procedure.
6. Winner Notification: Potential winner will be notified by email within one (1) week following the Judging Date and will be required to sign within seven (7) days of delivery by Sponsor and return to Sponsor, where legal, the Sponsor’s form of Affidavit of Eligibility and Liability/Publicity Release (the “Release”) immediately upon being selected as a potential winner. If any potential winner does not respond to the above e-mail notification within seven (7) days of such notification, or rejects the Prize, or in the event of any noncompliance by the entrant with these Official Rules, the Sponsor reserves the right, in its sole and absolute discretion, to disqualify such entrant, in which case, the entrant with the next highest-scored entry (subject to Rule 5) will be selected as the potential winner, and the above notification procedure will be followed. In the event of Prize forfeiture, no compensation will be given. Prior to, and as a condition of, being confirmed and declared the winner, the selected entrant may be required by the Sponsor, at its sole and absolute discretion, to provide his/her written consent to a background check (including a record of criminal convictions). If the potential winner is a Canadian resident, he/she will first be required, as a condition of being declared the winner, to correctly answer a mathematical skill-testing question, to be posed by the Sponsor (or its representatives), at is sole election, either: (i) by telephone or e-mail, at a pre-arranged, mutually convenient time; or (ii) in the Release.
7. Prize: One (1) winner will be selected to receive a prize (the “Prize”) consisting of: (i) a Sponsor’s prize pack consisting of: ARNETTE backpack, sticker packs, hats and shirts (approximate retail value (ARV): US$250/CAN$257, and (ii) being the LIVEARNETTE Ambassador (the “Ambassador”) for one (1) 12-month period (the “Contract Period”), commencing within five (5) business days following confirmation of the selected entrant as the winner. The Ambassador, will be retained by the Sponsor as an independent contractor (and not an employee), in a “work for hire” relationship, and will periodically receive the following during the Contract Period: Five (5) pairs of ARNETTE sunglasses and/or goggles during the 12-month period, approximate retail value (ARV) US$750/CAN$770. Prize must be accepted as awarded and is not transferable, assignable or convertible to cash. No substitutions except at Sponsor’s sole option. Sponsor reserves the right, in its sole and absolute discretion, to substitute the Prize or a component thereof with a prize of equal or greater approximate retail value, including, without limitation, but at Sponsor’s sole and absolute discretion, a cash award.. All taxes, gratuities, and unspecified expenses are the sole responsibility of the winner. Total ARV of the Prize: US$1,000/CAN$1027.
THIS PRIZE DOES NOT CREATE ANY EMPLOYMENT RELATIONSHIP BETWEEN THE SPONSOR AND ANY PARTICIPANT OR THE WINNER.
8. Responsibilities of the Winner/Ambassador: As a condition of receiving the above Prize and being appointed as the Ambassador (see Rule 7 above), the winner/Ambassador will be required to enter into the Sponsor’s form of Ambassador independent contractor agreement (the “Ambassador Agreement”), under which he/she will, among other things, agree to:
a. Represent the ARNETTE brand by posting at least twice per month to his/her social media account/s, i.e. Facebook, Twitter, Pinterest, Instagram, about his/her LIVEARNETTE lifestyle and the style, quality and benefits of the ARNETTE products;
b. Understand and comply in all respects with Sponsor’s social media policy and any other disclosure requirements stipulated by the Sponsor; and
c. Assign all copyright in all postings, comments and/or other materials created by the Ambassador pursuant to the Ambassador Agreement and to waive any and all moral rights in all such materials in favour of the Sponsor and those authorized by the Sponsor to use such materials.
9. Right to Terminate Winner-Sponsor Relationship: Under the Ambassador Agreement, the Sponsor will reserve the right to terminate its relationship with the Ambassador for a variety of reasons, including, but not limited to:
a. Ambassador fails to satisfactorily perform the responsibilities stipulated in these Official Rules and/or the Ambassador Agreement.
b. Any act or statement by the Ambassador which, in Sponsor’s sole opinion, reflects negatively on the Sponsor and/or any of its affiliates or their respective products or services.
Under the Ambassador Agreement, the Ambassador will have the right to terminate his/her relationship and forfeit any items not yet received under the Ambassador as at the date of termination in the event of the following: a) Personal injury or illness; or b) Family illness or loss requiring his/her significant attention.
10. General: All federal, state, provincial and other rules and regulations apply. No purchase necessary. Void where prohibited. Any participant suspected of tampering with or disrupting any aspect of the Contest may be disqualified, at the sole and absolute discretion of the Sponsor. All decisions of Judging Panel and Sponsor are final. By your participation in the Contest, you (i) agree to be bound by these Official Rules, (ii) represent and warrant that your entry is original, owned by you, and not previously published, (iii) agree to release, indemnify, and hold Sponsor, its affiliates and parent, their employees, officers, directors, and agents (the “Released Parties”) harmless from any and all claims, liabilities, losses, and damages of any kind arising, in whole or in part, directly or indirectly, from your participation in the Contest or your acceptance, possession, use, or misuse of the Prizes.
11. Additional Terms: 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 beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Should Sponsor terminate the Contest, Sponsor reserves the right to select winners in a fair and reasonable manner from among all eligible participants prior to termination. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with or the operation of the Contest or to be acting in violation of these Official Rules or any other Contest or in an unsportsmanlike or disruptive manner. 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 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.
12. Limitations of Liability: The Released Parties are not responsible for : (1) any incorrect or inaccurate information, whether caused by participants, printing 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 or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability; (3) unauthorized human intervention in any part of the process or administration of the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; (5) late, lost or undeliverable entries; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participation in the Contest or receipt or use of misuse of any part of the Prize. No more than one (1) Prize will be awarded.
13. Disputes: Except where prohibited, participant 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 federal or state courts located in California, in the United States; (2) any legal action, suit or proceeding arising out of or relating to this Contest or the transactions contemplated hereby must be instituted exclusively in a court of competent jurisdiction located within the County of Orange, State of California and in no other jurisdiction and each party further irrevocably consents to personal jurisdiction and exclusively in, and agrees to service of process issues or authorized by, any such court; (3) 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 attorney’s fees; and (4) under no circumstances will participant be permitted to obtain awards for, and participant 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 participant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California, in the United States without giving effect to any choice of law or conflict or law principles.
15. Winner: The winner information will be posted on the ARNETTE Facebook page on or about May 6, 2013.
16. Sponsor: The Contest is sponsored by the holder of the ARNETTE brand Oakley, Inc. (“Sponsor”) located at One Icon, Foothill Ranch, CA 92604.
Posted By Arnette Social on February 13th, 2013
ARNETTE® #LIVEARNETTE AMBASSADOR CONTEST