- TOOLS & TIPS
FREEDOM OF JANKO – WIN A SIGNED TENNIS RACKET CONTEST
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.
This promotion is in no way sponsored, endorsed or administered by or associated with Instagram®. You understand you are providing your information to Sponsor and not to Instagram and such information will be used for the purposes of recording participation in the Contest and winner notifications. Instagram 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 Instagram.
This Promotion requires the use of the Instagram™ API and is not endorsed or certified by Instagram, Inc. or Burbn, Inc. All Instagram™ logos and trademarks displayed in this Promotion are property of Instagram, Inc.
Contest Description: Sponsor is offering FREEDOM OF JANKO – WIN A SIGNED TENNIS RACKET CONTEST (the "Contest"). Subject to and in accordance with these Official Rules, five (5) winners will be selected, based on the judging criteria in these Official Rules. 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, who are 18 years of age or older and of the age of majority in their state of residence as of October 3, 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.
(2) Timing: The Contest begins at 1200:01 am PST on October 3, 2013 and ends at 11:59:59 pm PST on October 16, 2013 (the "Contest Period").
This Promotion is not open to: Employees, officers and directors of the Sponsor, its parent companies, affiliates, subsidiaries, divisions, advertising, promotional, fulfillment and marketing agencies, (collectively "Promotion Entities"), their immediate families (parent, child, sibling & spouse) and persons living in the same households of such individuals (whether related or not), are not eligible to participate in the Promotion. Void in Quebec, all U.S. territories, (excluding Puerto Rico), and where prohibited by law, rule or regulation.
(3) How to Enter (No Purchase Necessary): During the Contest Period, visit any Sunglass Hut store and take a photograph of yourself wearing an Oakley® Style Switch™ sunglass ("Photo"), according to the Judging Criteria. Then, using the Instagram API, post the Photo to your Instagram page with the hashtag #freedomofjanko" and tag "@oakley" and "@sunglass hut." Upon submission of the completed entry with Photo, you will receive one (1) entry into the Contest. Message, data rates or other charges may apply; check your mobile plan for rates and details. Participation may not be possible on all carriers. Note that proof of Photo Submission does not constitute proof of delivery or receipt
By entering, you agree that you are giving Sponsor the right to post your Photo on its website and/or public website and the Instagram pages of Sunglass Hut, Sheckler and/or Oakley where it maintains accounts.
Your entry will be subject to moderation by Sponsor and must comply with the following:
(4) Judging and Selection of Winner: All eligible Photo entries received will be judged according to the following weighted judging criteria by a panel of judges appointed by the Sponsor (the "Judging Panel").
*Use of Oakley and Sunglass Hut logos
(4) Judging Panel: All eligible entries received will be judged according to the Judging Criteria by the Judging Panel on the basis of the highest total scores in the above criteria, subject to verification of eligibility and compliance with the Official Rules. Thirty (30) Contest Entries will be selected as semi-finalists ("Semi-Finalist/s") by the Judging Panel on or about October 18, 2013. Odds of being selected as an eligible Semi-finalist of a Prize (see Rule 7 below) depend on the number and caliber of eligible entries submitted and received during the Contest Period in accordance with the Rules.
Janko Judging: The thirty (30) Semi-Finalists will personally be judged by Janko Tipsarevic, according to the weighted Judging Criteria, and five (5) potential winners will be selected as potential winners.
All judging will be completed on or about October 20, 2013 ("Judging Date") and the five (5) potential winners will be notified by phone and/or e-mail on or about October 21, 2013.
(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 the "creativity" criterion in 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 the "creativity" criterion, the eligible entry – from amongst all such eligible entries that are still tied – with the highest score on the "brand relevance" criterion 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, and 2, 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).
(7) Prize: Five (5) winners will each receive a prize (the "Prize") consisting of one (1) tennis racquet (unstrung), personally autographed by Janko Tipsarevic, approximate retail value (ARV) $175. 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 all Prizes: $875.
(8) Right to Use Your Work and Information About You: By submitting a contest entry ("Contest Entry"), you: (a) represent and warrant that your photos are your wholly original work, not previously published, and do not incorporate or include anything that is owned by any third party or would require the consent of any third party and your photo does not violate any copyright, trademark, publicity right, privacy right or any other right of any third party; (b) agree with all terms and conditions as set forth is these Official Rules; (c) automatically grant to the Sponsor an exclusive, world-wide, royalty free, irrevocable license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute and display your photos; (d) agree that upon selection as a winner of any prize, you agree that your photos shall legally be considered a "work made for hire," with all rights therein, including, without limitation, the exclusive copyright, transferred to and being the property of the Sponsor; (e) agree that upon selection as a winner of any prize, in the event your Contest Entry is considered not to be a "work made for hire," you irrevocably assign to the Sponsor all right, title, and interest in and to your photos (including, without limitation, the copyrights) in any and all media whether now known or hereafter devised, in perpetuity, anywhere in the world, with the right to make any and all uses thereof, including, without limitation, for purposes of advertising or trade; and (f) agree that by submitting a Contest Entry, you grant to the Sponsor the right to distribute your photos on any of its websites or in any of its advertising and/or products without any compensation. The rights granted under this paragraph shall extend to the Sponsor and its affiliated companies with respect to all entries and all other submitted materials related to the Contest, including those submitted by non-winners and winners.
By submitting a Contest Entry, you grant to the Sponsor and its affiliated companies the right, except where prohibited by law, to use your name, likeness, picture, address (city and state), voice, biographical information, the photos in your Contest Entry and written or oral statements, for advertising and promotional purposes in promoting or publicizing the Sponsor, its products or services, without compensation unless required by law. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of your name, picture, likeness, address (city and state), e mail address, biographical information, or entry. The rights granted under this paragraph shall extend to the Sponsor, its affiliated companies with respect to all entrants in the Contest, including non-winners and winners. The Sponsor however, does not have any obligation to use the winning or non-winning Contest Entries for any purpose.
(9) General: All federal, state 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, Shaun White 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.
(10) 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.
(11) 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 to each potential winner.
(12) 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.
Sponsor is not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, including without limitation with respect to any third party website or service, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one's ability to enter the Promotion, including any injury or damage to participant's or any other person's computer relating to or resulting from participating in this Promotion or downloading any materials in this Promotion. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Promotion should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Promotion. In such case, Sponsor may select the winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Promotion or web site. Sponsor may prohibit an entrant from participating in the Promotion or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.
(14) Winner: The winner information will be posted on the Oakley and Sunglass Hut Instagram pages on or about October 21, 2013.
(15) Sponsor: The Contest is sponsored by Oakley, Inc. ("Sponsor") located at One Icon, Foothill Ranch, CA 92604.
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