LifeProof Gap Year Giveaway
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.
1. DESCRIPTION: The “LifeProof Gap Year Giveaway” (the "Contest") invites eligible entrants (each, an “Entrant” and collectively, “Entrants”) to compete for a sixty (60) day “Gap Year Experience” as described herein. The Sponsor of this Contest is Otter Products, LLC, (d/b/a LifeProof) 209 South Meldrum Street, Fort Collins, Colorado 80521 ("Sponsor"). The administrator of this Contest is Creative Zing Promotion Group, LLC ("Administrator"), 2265 Lee Road, Suite 229, Winter Park, Florida, 32789. Sponsor and Administrator shall collectively be referred to as the “Contest Entities”. Void where prohibited or restricted by law.
The Contest will operate as follows:
2. ENTRANT ELIGIBILITY: In order for an Entrant to participate in the Contest and to be considered as a potential Finalist or Winner, the Entrant must meet the following eligibility criteria:
· Entrant must be a legal United States resident physically residing within the fifty (50) United States or the District of Columbia;
· Entrant must be at least eighteen (18) years of age and the age of majority in his or her state of primary residence at the time of entry;
· Entrant must NOT be under any contractual obligation with any company or organization which might be a conflict of interest or interfere with an Entrant’s ability to participate in the Contest or sign the Contest releases. Conflicts of interest include, but are not limited to, other companies with which an Entrant has a relationship where participation in this Contest could constitute a breach of an employment or other agreement;
· Entrant, if selected as a Finalist, must consent to a background check as a condition of being considered or confirmed as a Finalist. Such background check may include (but is not limited to) investigation of criminal or other arrest or conviction record, and any other factor deemed relevant by Contest Entities to help ensure that an individual’s participation in the Contest will not, in Contest Entities’ sole discretion, bring the Released Parties (as defined below) into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Released Parties, as determined by Sponsor in its sole and absolute discretion. If requested, Entrant agrees to sign a waiver authorizing the release of personal and background information. Contest Entities reserve the right to contact any person or entity, including any third party, referenced in the background check;
· Entrant, if selected as a Finalist, must be in good health and available to travel during the 2-month time period designated by the Sponsor and possess (or have the ability to obtain) the necessary travel insurance, government-issued identification, driver’s license, passport or visa(s), proof of which must be delivered to the Contest Entities upon request;
· Entrant must be a registered YouTube user in order to participate. Registration on YouTube is free and can be obtained by going to www.youtube.com and following the onscreen instructions to open an account. Registration is subject to acceptance of YouTube’s Terms, located at http://www.youtube.com/t/terms and YouTube’s Community Guidelines, located at https://www.youtube.com/t/community_guidelines;
· Entrant must be the rightful owner (or have authorized use) of the email address identified on the entry form. In the event of a dispute over the identity of an Entrant in the Contest, the Entrant will be deemed the authorized account holder of the email address associated with the Submission and he/she must comply with these Official Rules. “Authorized Account Holder” is defined as the natural person in whose name the email account was opened. In the event a dispute regarding the identity of an Entrant cannot be resolved to Sponsor’s satisfaction, the affected entry may be deemed ineligible and an alternate potential Finalist or Winner will be selected; and
· Entrant must not be an employee, owner, shareholder, officer or director of Contest Entities or any of the foregoing’s parent companies, affiliates, divisions, subsidiaries, agents, representatives, promotion and advertising agencies, together with the immediate family members and/or those living in the same household of such persons (collectively, “Household Members”). For purposes of the Contest "Household Members" shall mean those people who share the same residence at least three months a year; "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses.
3. HOW TO ENTER & SUBMISSION CRITERIA: During the Submission Period, eligible Entrants must follow the steps below to enter.
Step 1: The Entrant must first produce a one (1) minute video (the “Video”) explaining how he or she would utilize the Gap Year Experience prize (as described in Section 7). The Video must be posted to YouTube as “Unlisted”, remain live until September 1, 2019 and include two (2) hashtags #LifeProofGapYear and #Contest (the “Required Hashtags”) in the Video title and at the start of the Video. This can be accomplished by superimposing the Required Hashtags on the Video or by having the Entrant simply hold a sign with the Required Hashtags at the start of the Video. Once the Video is uploaded, the Entrant must copy the Video link, then proceed to Step 2.
Step 2: The Entrant must visit the Contest website located at https://www.lifeproof.com/gap-year-giveaway (the “Website”), then the Entrant must fully and accurately complete the online entry form, provide the YouTube Video link and provide written responses to the prompts below.
In fifty (50) words or less, Entrants must respond to each of the following prompts:
· Briefly describe why you deserve to win
· Briefly tell us about yourself
· Briefly describe what you hope to accomplish during your gap experience
Step 3: Entrant must confirm that they have read, understand and agree to the Official Rules and click “Submit” to receive one (1) entry into the Contest.
The completed entry form, responses and Video shall collectively be referred to the “Submission”.
All Submissions must be received by Thursday, May 16, 2019 at 11:59:59 pm PT. Limit one (1) Submission per person, for the duration of the Submission Period. Contest Entities reserve the right to edit or request the Entrant edit their Submission or reshoot their Video (as deemed necessary by the Contest Entities, in their sole discretion) and resubmit to comply with the Official Rules or 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 Submissions have satisfied the eligibility requirements. Contest Entities reserve the right to allow for minor fluctuations between the Entrant’s timing device and the actual runtime of the Video, based on clear intent to comply with the Official Rules, as determined at the sole discretion of the Contest Entities. Participation in the Contest constitutes Entrant's understanding of, 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.
Submissions must meet the following criteria:
Submissions are subject to the following Content Restrictions:
· 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.) EXCEPT for intellectual property associated with LifeProof products;
· Submission must NOT contain material which is sexually explicit, obscene, pornographic, violent, discriminatory, illegal, offensive, threatening, profane, or harassing;
4. FINALIST SELECTION & NOTIFICATION: Eligible Submissions will be reviewed and scored by Sponsor’s representatives (“Judging Panel”) based on the criteria and weighting below. The ten (10) eligible Submissions with the highest point scores will be determined potential Finalists, subject to verification of eligibility, execution of the Finalist Documents (defined below), completion of a background check (pursuant to Section 2) and compliance with these Official Rules. For consideration as a Winner, each Finalist must be available to participate in the Finalist Audition, as described in Section 5. All decisions of the Judging Panel are final on all aspects of the Contest.
· Feasibility of Experience: 30%
· Entrant Enthusiasm: 25%
· Social Media Savvy: 25%
· Uniqueness of Experience: 20%
In the event of a tie, such tied Submissions will be reevaluated in accordance with the aforementioned criteria and the Submission with the highest point score on “Feasibility of Experience” will be deemed the potential Finalists. Sponsor reserves the right to select fewer than ten (10) Finalists, no Finalists, and/or to extend the Submission Period and all other dates associated with the Contest in the event an insufficient number of eligible Submissions are received, as determined by the Contest Entities, in their sole discretion. If an insufficient number of eligible Submissions or no eligible Submissions are received, no prizes will be awarded. Judging scores will not be revealed.
On or about Tuesday, June 4, 2019 up to ten (10) Finalists, as determined by the judging results, will be notified via the email and/or at the phone number associated with the Submission. Entrant must be able to receive calls from a blocked or unknown number. Potential Finalists will be required to respond as directed by the Administrator 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 forfeiture of the potential Finalist standing and, in such case, Sponsor or Administrator may select an alternate Finalist, based on the judging results. Potential Finalists will be required to verify address and to execute and return an affidavit of eligibility, a liability release, a confidentiality release and, unless prohibited by law, a publicity release and other related documents as may be required by the Contest Entities (the “Finalist Documents”) within a reasonable amount of time, as determined by the Contest Entities in their sole discretion. All documents must be returned within the time period directed by the Sponsor and/or Administrator. Potential Finalists are bound to confidentiality and are NOT permitted to publicly announce their status as a Finalist (via social or traditional media). A Finalist’s breach of such confidentiality will result in his/her forfeiture of the Finalist standing, and, in such case, Contest Entities may select an alternate or proceed with fewer Finalists.
5. FINALIST AUDITION: Finalists will be required to attend a Finalist Audition at LifeProof Headquarters in San Diego, CA, where Finalists will participate in in-person interviews and complete social media assignments utilizing LifeProof products. It is currently contemplated that the Finalist Audition will take place from Sunday, July 14 – Wednesday, July 17, 2019. Each Finalist will receive the following accommodations in conjunction with the Finalist Audition: (a.) Round-trip economy class air transportation for the Finalist from a major airport with regularly scheduled commercial flights (as selected at the sole discretion of Contest Entities) to San Diego, CA (or, in Contest Entities’ sole discretion, $300 in lieu of air travel if Finalist lives within a 200 mile radius of San Diego); (b.) One (1) standard hotel room for three (3) nights at a hotel selected by the Contest Entities (room rate & tax only); (c.) Ground transportation in San Diego between the airport and the hotel and between the hotel and the Finalist Audition locations; (d.) $150 spending allowance, awarded in the form of a check, to help offset incidental expenses. Approximate Retail Value (“ARV”): $2000. Further instructions regarding the Finalist Audition will be provided by the Sponsor upon Finalist confirmation. The Trip is for Finalist only.
As a condition of participation in the Finalist Audition, each Finalist must agree to be photographed, videotaped, interviewed, participate in publicity and complete the social media assignments (the “Production”). Acceptance of trip shall constitute and signify Finalist’s agreement and consent that Sponsor and its designees may use Production materials including but not limited to the Finalist’s name, city, state, likeness, and Submission for promotional, advertising or other purposes, worldwide, in perpetuity, in any and all media now known or hereafter devised, including the Internet, in any manner, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Finalist will not be compensated for his or her participation in any television appearance, if applicable. If it is ever determined that the Production in which Finalist appears falls within the jurisdiction of any union or guild agreement ("Guild Agreement"), then: (a) Finalists agree to accept the minimum scale payments payable pursuant to such Guild Agreement (if any, it being agreed that none will be payable if any coverage waiver applies); (b) Sponsor will have the option to secure unlimited and extended editing rights on the Internet and in new media by paying $100 to the applicable Finalist(s); and (c) upon Sponsor’s request, Finalist(s) will execute any standard union/guild performer agreement.
Travel must take place on dates designated by Sponsor. The dates of departure and return are subject to change at Sponsor’s sole discretion. All details are at the sole discretion of the Sponsor. If a Finalist is unable to participate in the Finalist Audition during the dates chosen by Sponsor, such Finalist forfeits all rights to proceed in the Contest. Actual value of trip will depend on point of departure, any airfare fluctuations and seasonal pricing; any difference will not be awarded. All travel arrangements must be made through Contest Entities. 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 the Finalist. For the avoidance of doubt, the Finalist shall be solely responsible for all costs, expenses, and incidentals 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 Finalist 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. Contest Entities will not obtain travel insurance on behalf of the Finalist. Travel is subject to flight availability and other travel restrictions may apply. Finalist 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. Finalist cannot assign or transfer the opportunity to another person, except at discretion of Sponsor. Other restrictions may apply.
6. WINNER SELECTION & NOTIFICATION: At the Finalist Audition, each Finalist will have the opportunity to showcase himself or herself to representatives of the Sponsor. Upon completion of the Finalist Audition, the Sponsor will select up to four (4) Winners based on a combination of the previous judging results and the following: 1. Finalist’s interview results; 2. Finalist’s ease of conversation and enthusiasm; 3. Finalist’s social media savvy; and 4. Finalist’s ability to think quickly and formulate proper responses under pressure.
On or about Monday, July 22, 2019, up to four (4) Winners will be notified via the email and/or phone. Potential Winners will be required to respond as directed by the Administrator. The failure to respond timely to the notification may result in forfeiture of the potential Winner standing and, in such case, Sponsor or Administrator may select an alternate Winner, based on the combination of initial judging results and the results of the Finalist Audition. Potential Winners will be required to execute and return a prize acceptance form, a work for hire agreement, waivers and/or other agreements as specified by the Contest Entities (the “Prize Acceptance Forms”) within a reasonable amount of time, as determined and communicated by the Contest Entities in their sole discretion.
7. PRIZE DESCRIPTION: There are up to four (4) prizes available. Each prize consists of approximately sixty (60) consecutive days in which the Winner will embark on the Gap Year Experience reflected in his or her Submission, up to the maximum of $25,000 USD. The $25,000 will be distributed as follows: 1.) Winner will receive an initial cash stipend of $5,000; 2.) Contest Entities will assist the Winner with select travel coordination and prepayment of roundtrip airfare to and from the Winner’s home market and prepayment of any pre-planned lodging accommodations; and 3.) The remaining balance after the initial stipend, the prepaid airfare and the prepaid lodging expenses will be distributed to the Winner in approximately four (4) equal payments at the end of each two (2) week period throughout the duration of the Winner’s Gap Year Experience and contingent on the delivery of the “Assignment Materials” as defined below. In addition, the Winner will be awarded $7,500 USD in the form of a check to help offset income tax liability for the year in which the prize is fulfilled. Prize ARV: $32,500.
During the Gap Year Experience and as a condition of receiving the prize, each Winner will be required to document and share his or her Gap Year Experience using select LifeProof products, provided by the Sponsor for such purpose (the “Assignment Materials”), at the Sponsor’s sole discretion. Further instructions regarding the Assignment Materials will be provided by the Sponsor prior to fulfillment of the experience. The results and proceeds of all such Assignment Materials shall be the exclusive property of Sponsor. The Winner must sign the work-for-hire clause to effectuate such rights, as provided in the release agreement. Sponsor shall have no obligation (express or implied) to use any Assignment Materials, or to otherwise exploit any Assignment Materials or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the Assignment Materials for any reason, with or without legal justification or excuse, and the Winner shall not be entitled to any damages or other relief by reason thereof. The Winners may also be required to participate in media interviews, as determined at the sole discretion of the Sponsor. ONLY INTERVIEWS COORDINATED AND APPROVED BY THE SPONSOR WILL BE PERMITTED FOR THE DURATION OF THE GAP YEAR EXPERIENCE UNLESS APPROVED IN WRITING BY THE SPONSOR IN ADVANCE.
TRAVEL MUST OCCUR ON DATES APPROVED BY THE SPONSOR. Winner is solely responsible for obtaining any and all required travel insurance and travel documents including but not limited to a government-issued ID, a driver’s license (if needed), a valid US passport and any required travel visas. The Winner, in his or her sole discretion and at his or her own expense, may opt to bring one (1) travel companion (“Guest”). If applicable, the Guest must be at least eighteen (18) years of age and the age of majority in his or her state of primary residence. In addition, the Guest will be required to complete a Travel Companion Release and other release documents as directed by the Contest Entities. Winner (and Guest, if applicable) agrees to undertake the Gap Year Experience at his or her own risk. All travel is subject to any and all restrictions instituted by the Department of Defense and/or Department of Homeland Security at the time of travel. THE WINNER WILL BE SOLELY RESPONSIBLE FOR ALL FEDERAL, STATE AND/OR LOCAL TAXES, IF APPLICABLE, AND FOR ANY OTHER FEES OR COSTS ASSOCIATED WITH THE PRIZE THEY RECEIVE. An IRS Form 1099 will be issued to each Winner for actual amount of the prize received. No substitution is permitted, except at the sole discretion of the Sponsor. Winner cannot assign or transfer the prize to another person. If a prize cannot be awarded due to circumstances beyond the control of Sponsor, a substitute prize of equal or greater retail value may be awarded. If a Winner cannot accept a prize, or any portion thereof, as stated, the prize may be forfeited at the sole discretion of Sponsor. Other restrictions may apply.
Contest Entities maintain no control over the personnel, equipment, or operation of any air, water or surface carrier, transportation company, hotel, restaurant or venue (“Providing Party”) and Sponsor is merely an independent supplier of the travel accommodations 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.
CONDUCT: The Winner (and Guest, if applicable) shall conduct themselves with due regard to the public conventions and morals. The Winner (and Guest, if applicable) shall not, while representing the Sponsor, commit an offense involving moral turpitude under Federal, state or local laws or ordinances. The Winner (and Guest, if applicable) shall not do or commit any act or thing that will tend to degrade the Sponsor in society or bring the Winner (and Guest, if applicable) and/or Sponsor 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. Inappropriate conduct, as determined at the sole discretion of the Sponsor, may result in forfeiture and termination of the Gap Year Experience. If the Gap Year Experience is terminated early as a result of conduct, the Sponsor reserves the right to prorate the cash stipend accordingly.
8. GRANT OF RIGHTS: Each Entrant, Finalist or Winner hereby irrevocably grants to Sponsor, its designees, affiliates, successors and assigns, the non-exclusive, irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display the Submission, Production and Assignment Materials in any media now known or hereafter devised including, but not limited to all forms of electronic media, print media and all forms of internet and wireless protocol in perpetuity and throughout the universe for advertising, marketing, publicity and promotional purposes in connection with the Contest and other promotions. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission, Production or Assignment Materials for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein.
9. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each Entrant, Finalist and Winner, understand and acknowledge that the Contest Entities have wide access to ideas, designs, and other materials, and that new ideas are being developed by their own employees, suppliers, and/or business partners. Each Entrant, Finalist and Winner also acknowledges that many ideas may be competitive with, similar or identical to an idea and/or each other in theme, idea, format or other respects and agrees that he or she will not bring any action against Contest Entities or any third parties, and will not be entitled to any compensation, as a result of any Contest Entity’s or any third party’s use of any such similar or identical material. Each Entrant, Finalist and Winner acknowledges and agrees that the Contest Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of copyright, patent, trade secret, or other intellectual property rights in and to an idea and/or Submission. Nothing stated herein should be construed to create any kind of employment relationship, contractor relationship, partnership or joint venture with Contest Entities.
10. RIGHTS OF CONTEST ENTITIES: Contest Entities shall have the right and sole discretion to disqualify any Entrants, Finalists or Winners who they find to be in violation of the provisions hereof, does not fully comply with all of Contest Entities’ requirements in connection with any and all legal clearance issues, or that it finds in its sole discretion to be otherwise objectionable for any reason. The Contest Entities are not responsible for any materials provided by Entrants, Finalists or Winners which are deemed harmful or offensive to others or for any harm incurred as a result of participation in the Contest. All statements and opinions made by Entrants are those of such Entrants, Finalists and Winners only, and the Contest Entities neither endorse nor shall be held responsible for the reliability or accuracy of same. Contest Entities are not responsible for the content or practices of third-party websites that may be linked to the Website. The Website may also be linked to websites operated by companies affiliated with Contest Entities. Visitors to those sites should refer to each site’s separate privacy policies and practices.
11. CONDITIONS OF PARTICIPATION/RELEASES: Sponsor, in its sole discretion, may designate the Administrator to handle notification and fulfillment tasks on Sponsor’s behalf. All applicable federal, state and local laws and regulations apply. By participating, each Entrant, Finalist and Winner agrees to be bound by these Official Rules and the decisions of the Contest Entities, which shall be final in all respects. Each Entrant, Finalist and Winner hereby releases the Contest Entities and each of their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the "Released Parties") from any and all actions, claims, injuries, death, losses or damages arising in any manner, directly or indirectly, from participation in this Contest and/or participation in the Finalist Audition or acceptance or use of the prize (including any travel or activity associated thereto). The Released Parties shall not be liable for: (i) any injuries, losses, liabilities or damages of any kind including personal injury or death caused by the prize or resulting from acceptance, possession or use of a prize including participation in any activity or travel related thereto, or from participation in the Contest; (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) late, lost, delayed, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible Submissions, votes, communications or affidavits, regardless of the method of transmission; (v) any inability of the Finalist or Winner to accept or use any prize (or portion thereof) for any reason and such prize or portion thereof shall be forfeited; or (vi) any printing, typographical, human, administrative, technological or other errors in any materials or activities associated with the Contest. Released Parties disclaim any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Contest. Contest Entities reserve the right, in their sole discretion, to cancel, modify or suspend the Contest (or any portion of the Contest) at any time for any reason or should a virus, bug, computer problem, unauthorized intervention, extenuating circumstance or other problem/cause corrupt or inhibit the administration, security or proper participation of the Contest and, in such situation, will select the Grand Prize Winner from eligible non-suspect Submissions received prior to and/or after such action or in such manner as deemed fair and appropriate by the Contest Entities. Contest Entities may prohibit Entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines Entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any other unfair practices or intending to annoy, abuse, threaten or harass any other Entrants or Contest Entities representatives. ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE 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, CONTEST ENTITIES RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY AWARD AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD PARTY, OUT-OF-POCKET COSTS INCURRED, AND IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND 3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
12. INDEMNITY: Each Entrant, Finalist and 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 the representations, warranties or obligations herein; and (c) acceptance, possession, grant, or use of any prize, including without limitation, personal injury, death and property damage arising therefrom.
13. 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 Colorado 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 Colorado, 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 the United States federal court located in Colorado or the state courts located in Larimer County, Colorado.
15. WINNERS: To obtain the list of Winners, send your request along with a stamped, self-addressed envelope to the “Creative Zing – Gap Year" Winner List, 2265 Lee Road, Suite 229, Winter Park, FL 32789. Requests for the names of the winners must be received no later than September 30, 2019.