OFFICIAL RULES "DESIGN – WIN - SKI" CONTEST
For "Warren Miller’s Off the Grid"
NO PURCHASE NECESSARY TO PARTICIPATE OR WIN.
1. Introduction.
Participants may submit their artwork, design or illustration through the Warren
Miller Entertainment “DESIGN – WIN - SKI” CONTEST microsite. Participants’
contest submissions can be created using any art medium. A digital photograph
or scanned version of the art work must be made available for ranking through
the contest system. Original artwork must be made available from the contest
winner to the ski manufacturer in order to redeem Grand Prize. The Grand Prize
is a pair of skis with the winners design laminated on the top of the skis (ARV
$1500 USD). Second and third prizes to be determined by Warren Miller
Entertainment.
2. Eligibility.
The Contest is open only to individuals, 18 years of age or older at the time of
entry, who are legal residents of the United States or Canada (excluding the
Province of Quebec). Employees of Warren Miller Entertainment (herein after
referred to as Warren Miller); and its subsidiaries and agents, and the immediate
family (defined as parents, children, siblings, spouse and grandparents) of each
such employee, together with those with whom such employees are domiciled,
are not eligible. By participating in the Contest, Participants warrant that they are
eligible to participate under the applicable law governing procurement of prizes
and awards. Organizer reserves the right to disqualify any Participant if
Organizer determines that Participant did not follow these Official Rules, or if
Participant’s participation in the Contest or receipt of prize would violate
applicable law. Participants may be required to submit proof of their eligibility.
Void where prohibited by law.
3. Entry.
The Contest starts October 1st, 2006 and ends on December 15th, 2006 (the
“Contest Period”). Oct 1st 2006 - Nov 20th 2006 is the Submission Period.
Participants may only submit during this timeframe. Nov 20th – Nov 30th top 10
designs chosen by Warren Miller Entertainment judging committee. Dec 1st 2006
to Dec 15th 2006 is the Ranking Period. Participants may only rank during this
timeframe. Entries must be submitted during the Submission Period to be
considered. Participants may submit multiple entries. All registration information
provided by entrant must be true and correct. Warren Miller Entertainment is not
responsible for late, incomplete, invalid, mutilated, illegible or misdirected entries.
Warren Miller Entertainment reserves the right in its sole discretion to disqualify
any individual it finds tampering with the operation or entry process of the
Contest, or acting in violation of these Official Rules or applicable law.
Submissions delayed past the submission deadline of the Contest Period will not be accepted for review.
4. Requirements. A. Artwork must be submitted to Warren Miller
Entertainment, either digitally via the “DESIGN - WIN – SKI”
CONTEST microsite or via freight carrier (USPS, FedEx, UPS,
etc) to 2540 Frontier Ave, #104, Boulder, CO, 80301 from October
1st, 2006 to December 16th, 2006. Artwork must be received
no later than 5pm on December 16th, 2006. Postmark date of
December 16th, 2006 will not be sufficient.
B. All submitted artwork must be a complete work.
C. All components of the sequence must be the original creation of the
Participant.
D. Submissions must include a “title slate” that identifies the original creator, the
title of the submission, the age of the creator, and a comment on using “Warren
Miller’s Off the Grid” in the creative process.
E. Entries may not contain profanity, nudity, pornographic images, violent
images, anti-competition messages or material considered illegal. Entries
containing any such aspects and/or that are in violation of law or otherwise
deemed by Warren Miller to be inappropriate will be disqualified.
F. Each entry must be submitted on an individual basis only (i.e., no joint or
corporate entries) and all components of the entry must be the original creation
of the Participant. Only non-commercial work may be submitted. The entry may
not include confidential information, trade secrets, trademarks or copyrighted
material belonging to any person or entity other than the Participant absent a
suitable license or permission agreement (proof of which is required).
K. Participants are responsible for securing necessary permissions and licenses
for material contained in submissions.
L. Design must include ScottyBob Skis’ and “Warren Miller’s Off the Grid” logos
Any entry that does not comply with these restrictions or any other requirement
herein is subject to disqualification.
5. Judging.
The “DESIGN - WIN - SKI” microsite will act as the medium in which participants
will submit and rank art work submissions. Warren Miller Entertainment will
determine the top 10 entries, and the rankings will be determined from there.
Rankings of the top 10 will be selected through automated self-ranking
technology. This technology ensures that participants are only able to rank a
submission once on a scale of 1 to 10, 10 being the highest. Participants are not
limited to ranking a specific number of submissions. The winning artwork will be
based on the highest average ranking for the duration of the contest.
All entries must comply with the Requirements and applicable law. Scores
provided by the ranking participants are at their sole discretion and are not
subject to review or appeal. Based on the content of submissions, Warren Miller
Entertainment reserves the right not to select any winning submissions.
The contest site manager will review all submissions to ensure they comply with
rules outlined herein, and ensure there are winners for each level of prizing; one
(1) grand prize (Submission Winner) with corresponding one (1) second (Ranking
Winner) and one (1) third place winner.
ScottyBob Skis will award the grand prize to the highest average ranked image.
The grand prize winner is not eligible to qualify for secondary and tertiary prizes.
Second and Third prizes will be determined through ranking system described
above.
In the event of a tie for first place, the winner will be selected based on the length
of time the participant has held the top position. This is determined through the
tracked results generated from the automated-self ranking technology.
The potential winners will be required to sign and return an affidavit of eligibility
and release of liability, as well as a publicity release, except where prohibited by
law, within seven (7) days of receipt of notification as a potential winner. Failure
to return a signed affidavit within seven (7) days may result in forfeiture of the
prize, except where prohibited by law. Proof of sending will not be deemed to be
proof of receipt by Warren Miller Entertainment.
7. Winning and Notification.
The selection of the winning submission will be determined
on or about January 11th, 2006. Failure to comply with any
term or condition in these Official Rules may result in disqualification.
Potential winners may waive their right to receive a prize.
Warren Miller Entertainment will attempt to notify potential
winners by reasonable means, using the contact information
provided on the registration form. If for any reason a potential
winner cannot be reached after reasonable attempt has been
made, the prize will be awarded to an alternate winner. Winners
are required by law to pay any applicable local, state and
federal taxes, and any other charges including, but not limited
to, duties, customs fees or other fees, on prizes.
Warren Miller Entertainment, Inc. has the right, in its sole discretion, to substitute
prizes of an equal or greater value. Prize(s) may not be transferred, assigned, or
redeemed for cash.
All promotion winners will be required to complete and sign an affidavit of
eligibility and release of liability and a prize acceptance form indemnifying
Warren Miller Entertainment from any liability in connection with the promotion or
its prizes, and a publicity release, all of which must be returned by prepaid
overnight courier within fourteen (14) days of issuance of notification (winners
must pay overnight courier fees). Failure to return above-mentioned prize
documents within the time noted or return of prize notification as undeliverable
will result in the winner being disqualified and an alternate winner being selected.
If winner(s) is under the age of majority in any state, then a parent or legal
guardian will have to execute the affidavit and waiver on winner(s) behalf, and
accompany him or her on any trip(s).
8. Ownership and License of Submissions.
All entries become the property of Warren Miller Entertainment and ScottyBob
Skis. Warren Miller Entertainment and ScottyBob Skis assume that all materials
contained in entries are original and are the works and property of the entrant,
along with rights granted therein. By submitting your entry you grant Warren
Miller Entertainment and ScottyBob Skis, a license to use the entry materials in
any manner, including, but not limited to, reviewing, using, reproducing,
sublicensing, distributing, publicizing, and displaying your entry and the materials
and works contained therein. You warrant that you have all requisite right, title,
and interest in such entry materials and works to grant the rights provided herein,
including the right to submit the entry materials and works to Warren Miller
Entertainment and ScottyBob Skis You warrant that such entry materials and
works and your submission of same to Warren Miller and ScottyBob Skis do not
infringe any third-party right. You warrant that you, at any time requested by
Warren Miller Entertainment and ScottyBob Skis, shall execute such documents
and do such acts as may be reasonably required by Warren Miller Entertainment
and ScottyBob Skis, to perfect Warren Miller Entertainment’s and ScottyBob
Skis’s rights and license in the entry materials and works. You acknowledge that
Warren Miller Entertainment and ScottyBob Skis shall have the right to use the
entry materials and works in any manner, including, without limitation, to sell or
distribute the entry materials and works without payment of any royalty or fee to
any person or entity and without acknowledgment of you. You further license
Warren Miller Entertainment and ScottyBob Skis, to modify the entry materials
and works and create derivative works from the entry materials and works and
acknowledge that the opportunity to participate in the promotion constitutes valid
and sufficient consideration for such license. You shall indemnify and hold
Warren Miller Entertainment and ScottyBob Skis, and its respective officers,
directors, employees, agents, parents, subsidiaries, successors, and assigns,
harmless from any liability or damages of any kind, including Warren Miller
Entertainment’s attorney's fees and costs, resulting from any defects in your right
to license the entry materials to Warren Miller Entertainment and ScottyBob Skis,
as set out herein, including any claim of infringement or other proprietary right of
any person or entity.
9. General Terms and Conditions.
Participating in the Contest constitutes Participant’s full and unconditional
agreement to and acceptance of these Official Rules. No purchase is necessary
to enter or win, and no obligation of any kind is implied. Except where prohibited
by law, participation in the Contest constitutes the winner’s consent to Warren
Miller Entertainment’s use of the winner’s name, city, state, province or county,
and country, likeness, photograph, statements made by the winner about the
Contest, Warren Miller Entertainment, and/or prize information for promotional
purposes in any media without further payment or consideration. Participation in
this Contest constitutes the winner’s consent to ScottyBob Skis’s use of
participant’s submitted artwork for promotional purposes in any media without
further payment or consideration. BY ENTRY IN THE CONTEST, YOU AGREE
TO RELEASE AND HOLD HARMLESS WARREN MILLER ENTERTAINMENT
AND SCOTTYBOB SKIS, ITS RELATED COMPANIES, AND THEIR
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, AS
WELL AS THE INDIVIDUAL JUDGES, FROM AND AGAINST ANY CLAIM OR
CAUSE OF ACTION ARISING OUT OF PARTICIPANTS PARTICIPATION IN
THE CONTEST, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR
INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR RECEIPT,
POSSESSION, USE OR MISUSE OF ANY PRIZE. WARREN MILLER
ENTERTAINMENT RESERVES THE RIGHT TO CANCEL OR MODIFY THIS
CONTEST FOR ITS CONVENIENCE OR IF FRAUD, TECHNICAL FAILURES
OR ANY OTHER FACTOR BEYOND WARREN MILLER ENTERTAINMENT’
REASONABLE CONTROL IMPAIRS THE INTEGRITY OF THE CONTEST AS
DETERMINED BY WARREN MILLER ENTERTAINMENT IN ITS SOLE
DISCRETION. ANY DISPUTES ARISING FROM OR RELATING TO THE
CONTEST OR THE SELECTION OF WINNING SUBMISSIONS WILL BE
RESOLVED BY WARREN MILLER ENTERTAINMENT IN ITS SOLE
DISCRETION. WARREN MILLER ENTERTAINMENT is not responsible for any
injury or damage to persons or property which may be caused, directly or
indirectly, in whole or in part, from downloading any material from Warren Miller
Entertainment’s Web site, regardless of whether the material was prepared by
Warren Miller Entertainment or a third party, and regardless of whether the
material is connected to Warren Miller Entertainment’s Web site by a hypertext
link. All federal, state, provincial and local laws and regulations apply.
10. Uses of Personal Information
The Organizer uses your Personal Information (i) to notify you about this contest
and (ii) to contact you to ask questions about your work. The Organizer also will
use your Personal Information when the Organizer notifies you about similar
contest the Organizer holds in the future. Your Personal Information may be
shared with our employees, independent contractors, agents or other related and
unrelated Organizer entities and/or business partners acting on Organizer's
behalf to notify you about this contest or to notify you about future contests. We
do not share this information with non-Organizer companies except to the extent
necessary to complete the uses described above and, when we do share it, it is
subject to their agreement to treat it as confidential business information and with
the understanding that it may not be used for any purpose other than to perform
their function.
The Organizer may disclose the Personal Information in response to legal
process, for example, in response to an order from court or governmental body.
11. Miscellaneous.
Participant agrees that: (1) any and all disputes, claims, and causes of action
arising out of or connected with this Contest, or any prizes awarded, other than
the administration of the Contest or the determination of winners shall be
resolved individually, without resort to any form of class action; (2) 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
attorneys’ fees; and (3) under no circumstances will entrant be permitted to
obtain awards for and entrant hereby waives all rights to claim punitive, incidental
and consequential damages and any other damages, other than for actual out-ofpocket
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 you ,Warren Miller Entertainment and ScottyBob Skis in connection
with the Contest, shall be governed by, and construed in accordance with, the
laws of the Ste of New York, without giving effect to any choice of law or conflict
of law rules of provisions.
12. Laws
These are the official Contest Rules. This Contest is subject to all federal, state
and municipal laws and regulations. These Contest Rules are subject to change
without notice in order to comply with any applicable federal, provincial and
municipal laws or the policy of nay other entity having jurisdiction over the
Sponsors.
13. Right to Modify/Terminate Contest
Sponsor reserves the right to modify scheduling of the contest without prior
notice. Sponsor reserves the right to terminate or suspend the contest without
notice, at any time and for any reason.
|
