TimeoutFTW One in a Million Contest

OFFICIAL RULES

 

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.

INFINITI IS AN OFFICIAL CORPORATE PARTNER OF THE NCAA®

 

The following promotion is intended for participants in the forty-eight (48) contiguous United States only and shall be construed and evaluated according to the laws of the United States. Further eligibility restrictions are contained in the official rules ("Official Rules") below. Entrants are providing information to Infiniti and not to Twitter or Instagram. THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH TWITTER OR INSTAGRAM.

 

1. DESCRIPTION: The TimeoutFTW One in a Million Contest (the "Contest") begins on or about Tuesday, February 26, 2019 and ends at 11:59:59 pm Pacific Time (“PT”) on Sunday, March 17, 2019 (“Contest Period”). The Contest offers eligible Entrants (as defined in Section 2) the opportunity to share a video to Instagram or Twitter featuring such Entrant’s own original basketball trick shot(s) for consideration by the judges, as described in Section 3.  The Sponsor of this Contest is INFINITI Division of Nissan North America, Inc., One Nissan Way, Franklin, TN 37067 ("Sponsor" or “Infiniti”). The administrator of this Contest is Creative Zing Promotion Group ("Administrator"), 2265 Lee Road, Suite 229, Winter Park, FL 32789.

 

2. ELIGIBILITY: Contest is open only to legal residents of the forty-eight (48) contiguous United States and Washington, D.C. (i.e., excluding Alaska, Hawaii, Guam, Puerto Rico and all other U.S. territories and possessions), who are physically located and residing therein. Each "Entrant" must be at least thirteen (13) years of age at the time of entry and meet all other requirements. Eligible Entrants who are under the legal age of majority in their state of primary residence (“Minor”) should obtain their parent or legal guardian’s permission to participate. Entrant must be a registered user of Twitter or Instagram for entry (collectively, the “Social Media Platforms”). Registration on the Social Media Platforms is free and can be obtained at www.twitter.com, or www.instagram.com, respectively. Entrant must be the rightful owner (or have authorized use) of the social media account associated with the entry. In the event of a dispute as to the identity of a winner, the winner will be deemed the natural person in whose name the email account associated with the social media account was opened.  Employees, shareholders, officers, directors, agents, and representatives of Sponsor, Administrator, the National Collegiate Athletic Association (“NCAA®”), CBS Broadcasting, Inc., Turner Broadcasting Systems, Inc., (collectively, "Contest Entities") and each of their respective parent companies, affiliates, divisions, subsidiaries, agents, representatives and promotion, and advertising agencies are not eligible to participate in the Contest. Immediate family and household members of such individuals are also not eligible to enter or win. For purposes of the Contest, "Household Members" shall mean those people who share the same residence at least three months a year and "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. Void in Alaska, Hawaii, Guam, Puerto Rico and all other U.S. territories and possessions, and where prohibited.

 

3. HOW TO PARTICIPATE:

 

Twitter and Instagram Entry:  The Social Media Platform used for Contest entry must be set to public, not private.  During the Contest Period, the Entrant must log into his or her Instagram or Twitter account and create a public post featuring the Entrant’s basketball trick shot(s) video (“Video” or “Submission”). The Submission must include the hashtags #TimeoutFTW and #InfinitiContest (the Required Hashtags”) to be valid. If entering via Instagram, the Required Hashtags must be in the caption (not as a comment) on the post. Videos cannot be posted as Instagram stories. If the Submission consists of a Video previously posted to Instagram, the Video must be reposted with the Required Hashtags during the Contest Period.  Failure to re-post previously posted Videos or include the Required Hashtags in the caption may result in disqualification.  Entrant can enter one (1) time per calendar day, as long as each Video is unique (the same Video cannot be reposted each day).  Entries must be received by 11:59:59 pm PT on March 17, 2019. 

 

Contest Judging:  Throughout and immediately following the Contest Period, eligible Submissions will be reviewed and evaluated by representatives of the Contest Entities. Eligible Submissions will be judged in accordance with the following weighted criteria (“Judging Criteria”):

 

Grand Prize Winner: The Entrant with the highest total score as per the Judging Criteria will be deemed the potential Grand Prize winner and subject to verification of eligibility and compliance with these Official Rules, such potential winner will be declared the official “Grand Prize Winner”.  

 

Runner-Up Prize Finalists: The eight (8) Entrants with the next highest total scores as per the Judging Criteria will be deemed potential Runner-Up Prize finalists and subject to verification of eligibility and compliance with these Official Rules, potential finalist will be declared the official “Finalist”.  The eight (8) Finalists will compete head-to-head in a tournament-style vote, conducted through an Instagram story poll on @infinitiusa.  The Finalist with the highest number of votes in each poll will progress to the next round until one (1) Runner-Up Prize Winner has been determined.  The exact dates and brackets for the voting will be communicated directly to each Finalist.

 

In the event of a tie determining the Grand Prize Winner or the Finalists, the tied Submissions will be re-evaluated by the Contest Entities in accordance with the aforementioned Judging Criteria and the Entrant with the highest rating on “Creativitywill be deemed the potential Grand Prize Winner or Finalist. Judges decisions are final and binding. Final judging scores will not be revealed or publicly announced.  In the event of a tie during the head-to-head voting, the Contest Entities will conduct additional Instagram polls until all such ties are broken.

 

Participation in the Contest constitutes Entrant's full and unconditional agreement to, and acceptance of these Official Rules. Sponsor reserves the right to disqualify any Entrant that Sponsor determines to be in violation of any term contained in these Official Rules. Sponsor's decision not to enforce a specific provision of these Official Rules does not constitute a waiver of that provision or of the Official Rules generally. Sponsor has the right to change the Contest Period, and all other dates or deadlines set in connection with this Contest, at any time and in its sole discretion and notice will be posted on Sponsor’s social media and the Official Rules.

 

4. SUBMISSION REQUIREMENTS: Each Submission must be received in accordance with Section 3 and meet the criteria below.

 

Submissions must meet the following criteria:

 

Submissions are subject to the following Content Restrictions:

·         Submissions must NOT contain trick shots that are inherently dangerous, excessively risky or potentially life-threatening;

·         Submission must NOT contain material which is (or promoting activities which are) illegal, sexually explicit, obscene, pornographic, violent, discriminatory, offensive, threatening, profane, or harassing;

·         Submission must NOT include prominent mention or depiction of any copyrighted material (including but not limited to music, video games, films, books, television programming, etc.) and must not infringe on any third-party trademarks (including, but not limited to third party elements, brand names, product names, logos, insignia, location signage, photographs, artwork, etc.);

 

IMPORTANT: Entrant’s Submission may appear in the Sponsor’s social media stream. If Entrant does not want his or her Submission to be made public, he or she should not enter the Contest. Contest Entities reserve the right to request that an Entrant edit or completely remove any content that may intentionally or unintentionally violate the Official Rules. Contest Entities will determine in their sole discretion which Entries have satisfied the eligibility requirements. Sponsor reserves the right to waive the Contest entry requirements set forth herein in its reasonable discretion.  Without in any way limiting the effect of the rest of these Official Rules, any Entrant who incorporates any intellectual property owned by a third party into his or her Submission without permission is solely responsible for any such use of the intellectual property and such Submission shall be disqualified from the Contest. 

 

5. WINNER/FINALIST NOTIFICATION: On or about Tuesday, March 19, 2019, the potential Grand Prize winner and potential Runner-Up Prize finalists as determined by the judging results will be contacted via the Social Media Platform associated with his or her Submission, either by direct message or a public facing comment, depending upon the platform. The potential winner and finalists will be required to respond (as directed by the Administrator and/or Sponsor) to the notification within twenty-four (24) hours (or a shorter time if required by exigencies) of first attempted notification. The failure to respond timely to the notification may result in disqualification and the Administrator will select an alternate potential winner or finalist based on the judging results.

Grand Prize: The potential Grand Prize  winner (or his or her parent or legal guardian if a Minor) will be required to verify address and complete, sign, and return within three (3) days (or a shorter time if required by exigencies) an affidavit of eligibility, a liability release, and, unless prohibited by law, a publicity release and other legal documents as may be required by Sponsor in its sole discretion (collectively, the "Prize Claim Documents") covering eligibility, liability, advertising, publicity and media appearance issues. Failure to return the Prize Claim Documents within the specified time period may result in forfeiture of the prize and selection of an alternate winner based on the judging results. Pending the completion and return of the Prize Claim Documents and verification of eligibility and compliance with the Official Rules, the potential winner will be confirmed as the official “Grand Prize Winner” and award the prize as described in the Official Rules. For tax reporting purposes, the Grand Prize Winner (or his or her parent or legal guardian if a Minor) must provide the Contest Entities with his or her social security number before the prize will be awarded. An IRS Form-1099 will be issued to the Grand Prize Winner (or his or her parent or legal guardian if a Minor) in February 2020 for the actual value of the prize received.

 

Runner-Up Prize:  Each potential Runner-Up Prize finalist (or his or her parent or legal guardian if a Minor) will be required to verify address and complete, sign, and return within three (3) days (or a shorter time if required by exigencies) an affidavit of eligibility, and, unless prohibited by law, a publicity release and other legal documents as may be required by Sponsor in its sole discretion (collectively, the "Finalist Qualification Documents"). Failure to return the Finalist Qualification Documents within the specified time period may result in forfeiture of the prize and selection of an alternate winner based on the judging results.  Pending the completion and return of the Finalist Qualification Documents and verification of eligibility and compliance with the Official Rules, the potential finalist will be confirmed as a “Finalist” and proceed to the voting phase.  The exact dates and brackets for the voting will be communicated directly to each Finalist. At the conclusion of voting and based on the voting results (or tie-breakers, if applicable), one (1) Runner-Up Prize Winner will be determined.  The Runner-Up Prize Winner (or his or her parent or legal guardian if a Minor) will be required to complete a “Prize Acceptance Form” as directed by the Administrator and/or Sponsor. 

 

A prize will not be awarded/fulfilled until all such properly executed documents are returned. Sponsor, in its sole discretion, will attempt to contact up to three (3) potential winners of a prize in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed. Administrator reserves the right to disqualify anyone not fully complying with the Official Rules.

6. PRIZE DESCRIPTION: There are a total of two (2) prizes available, as described below.

 

GRAND PRIZE (1 total): The Grand Prize consists of a 5-day/4-night trip (the “Trip”) for the Grand Prize Winner and one (1) guest to attend each of the games held during the NCAA® Men’s Division 1 Basketball Final Four®  (semifinals and championship games) in Minneapolis, MN scheduled for April 6 -8, 2019 (the “Event”). The Trip will consist of the following:  (a) Round-trip coach class airfare for winner and guest from a gateway airport near the winner’s permanent residence to an airport in Minneapolis, MN (if Winner lives within a 200 mile radius of the destination, the Contest Entities may substitute airfare by providing ground transportation or a ground transportation allowance of $300; airports selected are at the sole discretion of Contest Entities); (b) Hotel accommodations for four (4) nights at a hotel selected by the Contest Entities (one room, double-occupancy, room and tax only); (c) $500 spending allowance for incidental expenses, awarded in the form of a check; and(d) Event tickets consisting of: two (2) tickets to attend Session 1 of the Final Four® games;  two (2) tickets to attend Session 2 of the Final Four games; and two (2) tickets to attend the Championship Game. Approximate Retail Value (“ARV”) of Grand Prize: $4,550.  Actual value will depend on the point of departure, airfare fluctuations and seasonal pricing; any difference between the ARV and the actual cost of the Trip will not be awarded. The seat locations and section for each game will be determined by Sponsor in its sole discretion.  Tickets may not be sold or resold by the winner. Tickets are subject to Terms and Conditions specified thereon. Sponsor assumes no responsibility for cancelled, delayed, suspended, or rescheduled games or events beyond its control. Trip must be taken on dates determined by the Sponsor, which are currently contemplated to take place in April 5 – April 9, 2019.

 

RUNNER-UP PRIZE (1 total): The Runner-Up Prize consists of one (1) autographed professional basketball jersey, selected at the sole discretion of the Sponsor. ARV: $400.

 

CUMULATIVE ARV OF ALL PRIZES: $4,950

 

General Prize Provisions: Limit one (1) prize per Household. Winner cannot assign or transfer the prize to another person. No cash alternatives or prize substitution is allowed except at the discretion of Contest Entities. If a prize cannot be awarded due to circumstances beyond the control of the Contest Entities, a substitute prize of equal or greater retail value may be awarded. Other restrictions may apply. Any depictions of prizes are for illustrative purposes only. ALL FEDERAL, STATE AND LOCAL TAXES, AND ANY OTHER COSTS AND EXPENSES, ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER.  

 

Grand Prize Provisions: If the Grand Prize Winner is a Minor, his or her guest must be such winner’s parent or legal guardian. Guest must be at least eighteen (18) years of age and will be required to verify eligibility and to execute a Guest Release, as directed by the Administrator. Failure to return the executed Guest Release within the specified time period may result in forfeiture of participation for the guest.  Winner and his/her guest must travel together on same itinerary for the Trip. Winner and his/her guest agree to undertake the Trip at their own risk. Airline will be selected by Contest Entities in their sole discretion. Airline carrier’s regulations and conditions apply. Once Trip dates have been booked, no changes, extensions or substitutions are permitted, except at Contest Entities’ sole discretion.  Contest Entities will not replace any lost or stolen tickets or travel vouchers. Any costs of travel exceeding the allowance provided herein shall be the sole responsibility of winner. For the avoidance of doubt, winner shall be solely responsible for all costs, expenses, and incidentals associated with prize acceptance and use, including, but not limited to, additional ground transportation, meals, beverages, gratuities, phone calls, insurance, taxes, and any other expenses not specifically mentioned as being included. Once travel commences, no unscheduled stopovers are permitted; if an unscheduled stopover occurs, full airfare may be charged to the winner from stopover point for the remaining segments, including return, of the Trip. Contest Entities are not liable for any expenses incurred as a consequence of flight cancellation/delay. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. Airline tickets are non-refundable/non-transferable and are not valid for upgrades. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. Winner is responsible for all applicable travel and other insurance, all applicable airport charges, including, without limitation, any baggage charges, airport taxes, fuel charges and any applicable Federal inspection fees.

 

Trip Conduct:  Winner and his/her guest shall conduct themselves with due regard to the public conventions and morals. They shall not, while representing the Contest Entities during the Trip, commit an offense involving moral turpitude under local laws or ordinances. Winner and his/her guest shall not commit any act that will tend to degrade the Contest Entities in society or bring the Contest Entities into public hatred, public disrepute, contempt, scorn, or ridicule, or that will tend to shock, insult or offend the community or public morals or decency or prejudice the Contest Entities. In the event the winner or his/her guest engage in behavior that (as determined by Contest Entities in their sole discretion) is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, the Contest Entities reserve the right to terminate the Trip early and send the winner and/or guest home with no further obligation related to the prize.

 

Contest Entities maintain no control over the personnel, equipment, or operation of any air, water or surface carrier, transportation company, restaurant or venue (“Providing Party”) and Sponsor is merely an independent supplier of the Trip and is not in any way related to each Providing Party.  The Contest Entities shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to (a) by wrongful, negligent, or unauthorized act or omission on the part of any of those Providing Parties or any of their agents, servants, employees or independent contractors, (b) by any defect in or failure of any vehicle, equipment, instrumentality, service, product, or accommodation that is owned, operated, furnished, or otherwise used by any of those suppliers, (c) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Contest Entities, or (d) by any cause, condition or event whatsoever beyond the control of the Contest Entities.

 

7. CONDITIONS OF PARTICIPATION/RELEASES: Contest is void where prohibited or restricted by law. All federal, state and local laws and regulations apply. By participating, each Entrant agrees to be bound by these Official Rules and the decisions of the Sponsor and Administrator, which shall be final in all respects. By participating in this Contest and/or by accepting any prize that he or she may win, each Entrant (or his or her parent or legal guardian if a Minor) agrees to release the Contest Entities, and their respective affiliates, divisions, subsidiaries, successors, assigns, and licensees, and each of their respective employees, shareholders, officers, directors, contractors, advertising and promotion agencies, agents and representatives (collectively, the "Released Parties") from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Contest and/or acceptance or use of any prize. Each Entrant authorizes the Contest Entities to use his/her name, voice, likeness, biographical data, city and state of residence and entry materials in programming or promotional material, worldwide in perpetuity, or on a winner's list, if applicable, without further compensation unless prohibited by law. Contest Entities are not obligated to use any of the above-mentioned information or materials but may do so and may edit such information or materials, at Contest Entities’ sole discretion, without further obligation or compensation. The Released Parties shall not be liable for: (i) late, lost, delayed, damaged, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible entries, release forms, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any and all losses, damages, rights, claims and actions of any kind in connection with or resulting from participation in the Contest; (v) acceptance, possession, grant, use of or participation in any prize or related prize event, including without limitation, personal injury, death and property damage arising there from; (vi) claims based on publicity rights, defamation or invasion of privacy; or (vii) any printing, typographical, human administrative or technological errors in any materials associated with the Contest. Contest Entities disclaim any liability for damage to any computer system resulting from participating in or accessing or downloading information in connection with this Contest. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Contest (or any portion thereof) should a virus, bug, computer problem, unauthorized intervention or other cause or problem corrupt or inhibit the administration, security or proper play of the Contest and, in such situation, to select the winner(s) from among all eligible non-suspect entries received prior to and/or after such action or in such manner as deemed fair and appropriate by the Sponsor. Sponsor may prohibit you from participating in the Contest or winning a prize if, in its sole discretion, it determines you are attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any other unfair playing practices or intending to annoy, abuse, threaten or harass any other players or Sponsor's representatives. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE CONTEST. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

 

8. INDEMNITY: Winner shall indemnify, defend and hold harmless the Released Parties from and against any and all claims, damages, actions, liability, loss, injury or expense, including reasonable attorneys’ fees and costs, arising out of or in connection with: (a) participation in the Contest; (b) a breach or allegation which if true would constitute a breach, of any of winner’s representations, warranties or obligations herein; and (c) acceptance, possession, grant, participation in, or use of any prize, including without limitation, personal injury, death and property damage arising therefrom.

 

9. ARBITRATION AND GOVERNING LAW:  Any controversy or claim arising out of or relating to the Contest shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the comprehensive arbitration rules and procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Tennessee law consistent with the federal arbitration act and applicable statutes of limitations and shall honor claims of privilege recognized at law. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty (60) days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. The arbitration of disputes pursuant to this paragraph shall be in the Entrant’s individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

This Contest is governed by US law and is subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules, or the rights and obligations of Entrant and the Contest Entities in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Tennessee, without giving effect to the conflict of laws rules thereof, and each Entrant agrees that any matters or proceedings which are not subject to arbitration as set forth above and/or for entering any judgment on an arbitration award, shall be subject to the jurisdiction and venue of Williamson County and the Middle District of Tennessee.

10. PRIVACY POLICY: Any personal information supplied by you to Sponsor will be subject to Sponsor's privacy policy posted at https://www.infinitiusa.com/privacy.html. By entering the Contest, you grant Sponsor permission to share your email address and any other personal information with the other Contest Entities for the purpose of administration and prize fulfillment.

 

11. WINNER LIST/OFFICIAL RULES: To obtain a copy of the Winner list or a copy of these Official Rules, send your request along with a stamped, self-addressed envelope to the “TimeoutFTW One in a Million" Winner List/Rules, 2265 Lee Road, Suite 229, Winter Park, FL 32789. Requests for the names of the winners must be received no later than April 30, 2019.  

 

The National Collegiate Athletic Association is neither a sponsor nor administrator of this Contest and shall bear no responsibility or liability for any aspect of the administration of the Contest. NCAA®, Final Four®, and March Madness® are trademarks of the National Collegiate Athletic Association.  

This Contest is in no way sponsored, endorsed or administered by Twitter, or Instagram. Twitter, and Instagram are completely released of all liability by each Entrant in this Contest.