HTC #ReplaceMyGift PHOTO CONTEST
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ENTRY IS OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA, CANADA, TAIWAN, THE UNITED KINGDOM, GERMANY, INDIA, SINGAPORE, FRANCE, HONG KONG, VIETNAM, AUSTRALIA, AND MALAYSIA WHO ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AT THE TIME OF ENTRY (OR THE APPLICABLE AGE OF MAJORITY IN HIS/HER JURISDICTION OF RESIDENCE, WHICHEVER IS OLDER, BUT IN ANY EVENT NO YOUNGER THAN EIGHTEEN (18) YEARS OF AGE). This contest is in no way sponsored, endorsed or administered by, or associated with INSTAGRAM. THIS IS A SKILL-BASED CONTEST; WINNERS WILL BE SELECTED BASED ON THE SKILL OF THEIR ENTRY AND NOT ON CHANCE.
1. CONTEST PERIOD: The HTC #ReplaceMyGift Photo Contest (the “Contest”) starts on December 18, 2013 at 12:00:00 AM Pacific Time (PT) and ends January 5, 2014 at 11:59:59 PM PT (the “Contest Period”).
2. ELIGIBILITY: THE CONTEST IS OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA, CANADA, TAIWAN, THE UNITED KINGDOM, GERMANY, INDIA, SINGAPORE, FRANCE, HONG KONG, VIETNAM, AUSTRALIA, AND MALAYSIA (EACH COUNTRY, A “REGION”) WHO ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AT THE TIME OF ENTRY (OR THE APPLICABLE AGE OF MAJORITY IN HIS/HER JURISDICTION OF RESIDENCE, WHICHEVER IS OLDER, BUT IN ANY EVENT NO YOUNGER THAN EIGHTEEN (18) YEARS OF AGE). Employees, officers, directors, and immediate family members of HTC America, Inc. (the “Sponsor”) and their affiliated and subsidiary companies, advertising and promotion agencies, including but not limited to, legal and financial advisors, and any and all other companies associated with this Contest (collectively referred to as the “Contest Entities”) are not eligible to enter. Void outside of the Regions identified above and where prohibited by law. For purposes of this Contest, “immediate family members” means parents, spouses, children, siblings, in-laws, grandmothers, or grandfathers and persons living in the same household of these individuals and “employees” means any compensated individual designated as a full-time or part-time employee or third-party consultant.
The Sponsor, and/or its designated representatives reserve the right to review all Entries received during the Contest Period and may only consider those Entries that conform to these Official Rules, as determined by the Sponsor in its sole discretion. Entries that do not comply with these Official Rules, as determined in Sponsor’s sole discretion, will be disqualified from the Contest. Decisions of the Sponsor are final and binding.
In the event of a dispute over the identity of an entrant, the Entry will be declared made by the authorized holder of the Instagram username at the time of entry, and the entrant may be required to provide identification sufficient to show that he/she is the authorized account holder of such username account. It is the sole responsibility of the entrant to notify the Sponsor in writing if the entrant changes his or her username during the Contest Period. Proof of submission of Entry does not constitute proof of delivery of Entry. Each Entry submission must be manually entered and uploaded by the individual entrant; automated and/or repetitive electronic submission of Entries (including but not limited to Entries made using any script, macro, bot, or contest service) will be disqualified and transmissions from these or related email or IP addresses may be blocked.
REQUIREMENTS OF ENTRIES: Entries may not contain, as determined by the Sponsor, in its sole discretion, any content that:
- is intended to embarrass or harm any person or company;
- is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
- promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
- is obscene or offensive; endorses any form of hate or hate group; appears to duplicate any other submitted Entries;
- misrepresents or contains defamatory remarks about other people or companies, or makes false statements about any product or device;
- contains trademarks, logos, or trade dress owned by others, without permission;
- contains any personal identification, such as personal names or e-mail addresses;
- contains copyrighted materials owned by others, without permission;
- contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;
- contains look-alikes of celebrities or other public or private figures, living or dead;
- communicates messages or images inconsistent with the positive images and/or good will to which we wish to associate; and/or
- violates any law.
Entry must be the original work of the entrant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. Entrant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Entry. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof may, if requested, render Entry null and void. By submitting an Entry, entrant warrants and represents that he/she and any persons appearing or who are identifiable in the Entry consent to the submission and use of the Entry in the Contest and to its use as otherwise set forth herein.
By submitting an Entry, entrant acknowledges and agrees that Sponsor may obtain many Entries in connection with this Contest and/or other contests staged and/or promoted by the Sponsor, and that such Entries may be similar or identical in theme, idea, format or other respects to other Entries submitted in connection with this Contest and/or other contests sponsored by the Sponsor or submitted for other reasons or other materials developed by the Sponsor. Entrant waives any and all claims entrant may have had, may have, and/or may have in the future, that any Entry and/or other works accepted, reviewed and/or used by the entrant may be similar to his/her Entry, or that any compensation is due to entrant in connection with such Entry or other works used by Sponsor.
4. JUDGING PERIOD: During the Judging Period, all Entries will be judged by a judging panel using the following equally-weighted judging criteria: i) originality of bad gift; ii) creativity of Entry; iii) ability of Entry to portray humor; and iv) overall “badness” of the gift received (the “Judging Criteria”). The four (4) Entries amongst all entrants from the United States and the District of Columbia that receive the highest scores from the Judging Panel will be deemed potential Grand Prize winners. The (8) Entries throughout all other participating Regions (excluding the United States and the District of Columbia) that receive the highest scores from the Judging Panel will be deemed potential Grand Prize winners. A combined total of twelve (12) Grand Prizes will be awarded. In the event of a tie for determining a Grand Prize winner, all tied Entries will be judged by a “tie-breaking” judge selected by Sponsor who will use the Judging Criteria above to break the tie.
All potential Grand Prize winners will be notified on or about January 10, 2014via Instagram using the Instagram username provided at time of entry. The potential winners may be required to sign and return to Sponsor: 1) Affidavit of Eligibility/Liability Release (or Declaration if a Canadian entrant) including a publicity release; 2) Entrant Release for receipt by Sponsor by the due date indicated in the notification correspondence; and 3) any additional forms as required by the Sponsor. If any required documents are not returned within the number of days specified in the notification correspondence, or if any notification is returned as undeliverable, the potential Grand Prize winner may be disqualified and a runner-up may be selected at the Sponsor’s sole discretion. Designation as a Grand Prize winner is subject to proof of compliance with these Official Rules, maintaining compliance with these Official Rules and approval by Sponsor. The judges and Sponsor’s decisions are final and binding in all matters relating to this Contest, including interpretation and application of these Official Rules.
5. GRAND PRIZES (12) (Six (6) for the United States and District of Columbia and six (6) throughout all other participating Regions): An HTC One mobile device. Approximate Retail Value (“ARV”): $599.99 USD each. The total ARV of all prizes is $7,199.88 USD. Except as provided herein, no prize substitution is allowed except at the discretion of Sponsor, who reserves the right to substitute a prize (or prize component) with one of comparable or greater value. Grand Prize winners are responsible for all applicable federal, state, provincial, local and withholding taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided, including but not limited to mobile phone service. By accepting a prize, winners acknowledge compliance with these Official Rules.
6. LICENSE/GRANT OF RIGHTS: Entrant will retain ownership to his/her Entry subject to the version of the Instagram Terms of Service applicable to the Entrant based on country of residence. However, by entering the Contest, and to the extent allowed by law, Entrants grant the Contest Entities and their respective affiliates, licensees, promotional partners, developers, legal representatives, assigns, agents and licensees, a perpetual , worldwide, royalty-free, non-exclusive, sub licensable, unconditional and transferable license to edit, modify, cut, rearrange, add to, delete from, reproduce, encode, store, modify, copy, transmit, publish, post, broadcast, display, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), the entrant’s Entry, name, address, image, voice, likeness, statements, background and biographical material including, but not limited to, all materials submitted in connection with the Contest, as well as any additional photos, portraits, documents, or other materials relating to the Entrant and arising out of his/her participation in this Contest (with or without using the entrant’s name) in any and all media, including but not limited to print, digital and electronic media, computer, DVD, CD, audio and audiovisual media (whether such media is now existing or hereafter devised), in any language, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation to entrant or any third party.
7. LIMITATION OF LIABILITY: Entrant’s waive and release Sponsor and its affiliates from any and all claims that entrants may now or hereafter have in any jurisdiction based on “moral rights” or “droit moral” or unfair competition with respect to Sponsor’s exploitation of Entries without further notification or compensation to entrants of any kind, and agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Sponsor and each of its affiliates, licensees, or any other person in connection with this Contest, on the grounds that any use of any Entry, or any derivative works, infringe, or violate any of entrants rights therein.
EACH ENTRANT ACCEPTS THE CONDITIONS STATED IN THESE OFFICIAL RULES, AGREES TO BE BOUND BY THE DECISIONS OF THE SPONSOR JUDGES, WARRANTS THAT HE OR SHE IS ELIGIBLE TO PARTICIPATE IN THIS CONTEST, AND AGREES TO RELEASE, INDEMNIFY, AND HOLD HARMLESS CONTEST ENTITIES AND EACH OF THEIR PARENT COMPANIES, DIVISIONS, SUBSIDIARIES, AFFILIATES, ADVERTISING, PROMOTION, AND PUBLIC RELATIONS AGENCIES, AND THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENCIES OF EACH FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITY, AND DAMAGES OF ANY KIND, (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) ASSERTED AGAINST ANY OF THEM, INCURRED, SUSTAINED, OR ARISING IN CONNECTION WITH THE USE, ACCEPTANCE, OR MISUSE OF A PRIZE, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY, OR FROM THE RESPECTIVE ENTRANTS’ BREACH OF ANY AGREEMENT OR WARRANTY ASSOCIATED WITH THE CONTEST, INCLUDING THESE OFFICIAL RULES. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, THE CONTEST ENTITIES AND EACH OF THEIR LICENSEES RESERVE THE RIGHT TO SEEK ANY AND ALL REMEDIES AVAILABLE FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
This Contest is governed by the laws of the State of Washington in the U.S., and is subject to all applicable federal, state, and local laws. Any and all legal actions or claims arising in connection with this Contest must be brought in a court of competent jurisdiction in the State of Washington.
8. INTERNET: Entrants further agree that the Contest Entities and Instagram, and any of their respective parents, subsidiaries, affiliates and each of their respective officers, directors, shareholders, agents and employees, and any Internet access providers (collectively “Released Parties”) are not responsible for the following: (a) Electronic transmissions, Entries, photos or submissions that are lost, late, incomplete, garbled, destroyed, misdirected or not received by Sponsor or its agents for any reason; (b) Any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures and/or human error that may occur in the transmission, receipt or processing of Entries or related materials; or for destruction of or unauthorized access to, or alteration of, Entries, photos or related material; (c) Failed or unavailable hardware, network, software or telephone transmissions, damage to Entrants’ or any person’s computer and/or its contents related to or resulting from participation in this Contest, or (d) Causes that jeopardize the administration, security, fairness, integrity, or proper conduct of this Contest; (e) Any entries submitted in a manner that is not expressly allowed under these rules (all such entries will be disqualified); (f) Any printing errors in these Official Rules or in any advertisements or correspondence in connection with this promotion. Sponsor reserves the right, in its sole discretion, to cancel or suspend this Contest should virus, bugs, fraud, hacking, or other causes corrupt the administration, security, or proper play of the Contest. In such cases, notice to this effect will be posted at http://blog.htc.com and prize winners will be determined from all Entries received prior to cancellation using the Judging Criteria identified above. If, in Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest or if technical difficulties compromise the integrity of the Contest, the Sponsor reserves the right to void suspect Entries and/or terminate the Contest and award the prizes in its sole discretion using the Judging Criteria above. The use of any automated launching or entry software or any other mechanical or electronic means that permits the participant to automatically enter repeatedly is prohibited.
10. COUNTRY SPECIFIC NOTICES: If any provision of these Official Rules is invalid under the law, rules or regulations of any participating Region, the invalidity of such provision shall not affect the validity of the remaining provision. In addition to the tax liability disclosures in these Official Rules, winners are subject to, and must abide by, the income reporting and, if applicable, the payment of any taxes due pursuant to the laws, rules and regulations of the winners jurisdiction of residence.
For Germany: (i) Released Parties shall be fully liable for intent and gross negligence as well as for damages caused by injury to life, body or health; (ii) In an event of slight negligence, Released Parties shall be liable only for breaches of a material contractual obligation (cardinal duty). A “cardinal duty” shall be defined as an obligation whose fulfillment makes the implementation of this contract possible and on the fulfillment of which the contracting parties may therefore generally rely; (iii) in the event of slight negligence, as outlined in Clause (ii), Released Parties shall not be liable for any lack of commercial success, lost profits and indirect damages; (iv) Liability in accordance with the above Clauses (ii) and (iii) shall be limited to typical, foreseeable damages; (v) This limitation of liability shall apply mutatis mutandis to the benefit of the employees, agents and vicarious agents of the Released Parties; (vi) Any potential liability on the part of the Released Parties for any warranties and for claims based on the German Product Liability Act shall not be affected.
For UK: Notwithstanding anything elsewhere in these Official Rules, no person’s or entity’s liability for death or personal injury caused by its negligence shall be limited in any way, and nor shall their ability for fraud or for any other matter where liability may not as a matter of law be limited or excluded. Where these Official Rules provide for discretion exercisable by a Contest Entity that could otherwise be capable of causing a significant imbalance in the parties’ rights and obligation hereunder, to the detriment of a consumer and contrary to the requirement of good faith, shall be exercised reasonably and in good faith.
11. WINNER’S LIST: For the names of the Prize Winners (available on or around January 15, 2014), go to http://blog.htc.com/2013/01/replacemygift-winners/.
12. SPONSOR: HTC America, Inc. 13920 SE Eastgate Way, Suite 200, Bellevue, Washington, 98005.