2015 BMW i8
Best Car Photo Wins! / NEW: $18 Entry Fee
WIN YOUR NEW CAR OFFICIAL CONTEST RULES: 2015 BMW I8
I. Description of Contest
The Win Your New Car Contest (“Contest”) is sponsored by Win Your New Car, LLC, 10319 Westlake Drive, Suite 376, Bethesda, MD 20817. (“Sponsor”). Sponsor will award one Grand Prize to a winner chosen by a team of judges (“Judges”) selected from all eligible entries received during the Promotion Period defined below in Section IV. This Contest is subject to specific restrictions, qualifications, and conditions that are listed below. VOID WHERE PROHIBITED.
II. Description of Grand Prize
A. The Grand Prize will be awarded to Entrants submitting the best photo (as defined below in Section V) during the Promotion Period as determined by the Judges in their sole and absolute discretion. YOU MUST PAY $18 TO COMPETE FOR THIS ITEM.
B. The Grand Prize:
Subject to Section V.C, the Grand Prize is one (1) 2015 BMW i8 with no options, verifiable retail value: $135,700. One (1) Grand Prize will be awarded to the qualified Grand Prize winner submitting the best Photo. The odds of winning are approximately 1 in 16,000. The winner will not be able to choose the color of the Grand Prize or any options thereto.
C. The Grand Prize is not transferable, assignable, redeemable for cash or exchangeable by the winner for any other prize. Subject to Section V.C below, Sponsor reserves the right in its sole and absolute discretion to substitute a prize of equal or greater value for the Grand Prize. Prizes are awarded without warranty of any kind from Sponsor, express or implied, without limitation, except where this would be contrary to federal, state, provincial, or local law or regulation.
A. The Contest is open to the first sixteen thousand (16,000) residents of the contiguous United States (except Arizona, California, Florida, New York and Vermont) who: (i) are 18 years of age or older at the time of entry in the Contest, (ii) own a computer with Internet access, (iii) own a valid (not suspended) driver’s license, (iv) complete an entry form online during the Promotion Period, (v) pay the entry fee and (vi) submit an original Photo (“Entrants”). Offer void where prohibited or restricted by law. To be eligible to win, Photos must be received by Sponsor in the format designated in Section III above. The Contest is not open to people under 18 years of age, who do not have a valid driver’s license or officers, directors, or employees of Sponsor, or its affiliates, licensees, parents, subsidiaries, divisions, advertising and promotion agencies, or members of the immediate family or household of each. The term “immediate family” includes spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws,” or by current or past marriage(s), remarriage(s), adoption, co-habitation or other family extension, and any other persons residing at the same household whether or not related. Any false information provided within the context of the Contest by any Entrant concerning identity, postal address, telephone number, ownership of right or non- compliance with these rules or the like may result in the immediate elimination of the Entrant from the Contest. By entering, Entrant agrees to abide and be bound by these Official Contest Rules and the decisions of the Sponsor and Judges, which are final and binding on all matters pertaining to this Contest.
B. Photos that are libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, disparaging of the Sponsor or otherwise contains objectionable material may be disqualified in the Sponsor’s sole and absolute discretion. Only original submissions that are personally created will be eligible to win the Grand Prize. Sponsor further reserves the right to disqualify any Photos that it believes in its sole and absolute discretion infringes upon or violates the rights of any third party or otherwise does not comply with these Official Contest Rules.
IV. Promotion Period
The Contest promotion begins on July 1, 2014 at 12:00:01 a.m. Eastern Standard Time (EST) (“Contest Beginning Date”) and ends December 30, 2014 at 11:59:59 p.m. EST (“Contest Ending Date”) (the dates from the Contest Beginning Date through the Contest Ending Date are collectively the “Promotion Period”), provided in the Judges sole and absolute discretion enough entries are received as described in Section V. below. All entries must be received during the Promotion Period. IMPORTANT NOTICE TO ENTRANTS: EACH ENTRANT IS RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN HIS/HER RESPECTIVE JURISDICTION. Notwithstanding anything to the contrary above, if the total number of entries equaling first fourteen thousand (18,000) is received earlier than December 30, 2014 at 11:59:59 p.m. the Contest will be closed immediately at that time and that date then will be deemed the Contest Ending Date.
V. How to Enter
B. All Photos becomes the property of Sponsor and will not be returned. Photos may be published on Sponsor’s Website during and after the Contest Promotion Period. As a condition of entry, Entrants grant Sponsor a perpetual, royalty-free, fully-paid, non-exclusive, limited license (with the right to sublicense, use, broadcast, copy, edit, modify, make available and distribute) Photos or any part therein in connection with the operation, conduct, administration, advertising and promotion of the Contest via all types of communication to the public, including but not limited to, the right to make all or any part of the Photos available to the public for promotional and publicity purposes via the Website, email messages, and social media messages.
C. If too few entries are received during the Promotion Period, the Sponsor has the right to either: (i) refund the entry fee or (ii) substitute a prize of lesser value, subject to the following provisions. If there are less than five hundred (500) official Contest entries, then Sponsor will refund all of the entry fees. If there are between five hundred (500) official Contest entries and nine hundred ninety-nine (999) official Contest entries, Sponsor has the right to substitute as the Grand Prize a Gift Card for a one (1) $500 gift card to the Tire Rack (www.tirerack.com) (verified retail value $500.00). If there are between one thousand (1000) official Contest entries and two thousand nine hundred and ninety-nine (2999) official Contest entries, Sponsor has the right to substitute as the Grand Prize a Gift Card for a one (1) day BMW M Driving School in South Carolina (verified retail value $1,450.00), plus $1,500.00 for hotel, travel and food expenses. If there are between three thousand (3000) official Contest entries and four thousand nine hundred ninety-nine (4,999) official Contest entries, Sponsor has the right to substitute as the Grand Prize a Gift Card for a two (2) day BMW M Driving School in South Carolina (verified retail value $3,595.00), plus $2,500.00 for hotel, travel and food expenses. If there are between five thousand (5,000) official Contest entries and eight thousand nine hundred ninety-nine (8,999) official Contest entries, Sponsor has the right to substitute as the Grand Prize a new 2014 Mazda3 5-door hatchback sedan (verified retail value $18,945). If a new 2014 Mazda3 5-door hatchback sedan is not available, then Sponsor reserves the right to substitute a different automobile with the same or higher suggested retail price. If there are between nine thousand (9,000) official Contest entries and ten thousand nine hundred ninety-nine (10,999) official Contest entries, Sponsor has the right to substitute as the Grand Prize a new 2014 Porsche 911 Carrera (verified retail value $50,400). If a new 2014 Porsche Boxster is not available, then Sponsor reserves the right to substitute a different automobile with the same or higher suggested retail price.
If there are between eleven thousand (11,000) official Contest entries and fourteen thousand (14,000) official Contest entries, Sponsor has the right to substitute as the Grand Prize a new 2014 Porsche Boxster (verified retail value $85,250). If a new 2014 Porsche Boxster is not available, then Sponsor reserves the right to substitute a different automobile with the same or higher suggested retail price.
VI. Judging and Awarding of Contest Prize
A. Contest consists of three (3) rounds of evaluation. In Round One, each judge in a panel of three judges (“Judges”) will select ten (10) entries in each Category from among all eligible entries based on the following criteria (“Judging Criteria”): (1) Creativity; (2) Photographic quality; (3) genuineness/authenticity of the content. The entries selected in Round One will proceed to Round Two. In Round Two, the Judges will collectively select a First Place Winner in each Category based on the Judging Criteria. In Round Three, the Judges will select a Grand Prize Winner from among the First Place Winners based on the Judging Criteria. In the event of a tie, the tied entries will be re-submitted to the Judges for a re-judging between the tied entries alone. In the event that a tie remains after re-judging, the entry with the highest score in the creativity criteria will be declared the winner.
The winner will be selected thirty (30) days following the Contest Ending Date (Subject to Section IV above, if the total number of first sixteen thousand (16,000) entries is received prior to December 30, 2014, the contest will be closed at that time and the winner will be selected 30 days from the closing date.) Decisions of the Judges are final and binding. Entrants need not be present to win. The winner will be notified by phone and/or e-mail. The Contest winner understands and agrees that Sponsor intends to publish online and possibly in print the name and photograph of the winner. The Contest winner understands and agrees that without further compensation by accepting the Grand Prize the winner will be required to sign an Eligibility Affidavit / Likeness & Liability Release (“Release”).
B. In order to receive prizes, the winner will be required to complete and return the Release within fourteen (14) days of notification. If a winner fails to comply with these Official Contest Rules or fails to execute and return the Release within fourteen (14) days of Grand Prize notification, then that person will be disqualified and the Photo with the next highest score will be the alternative Contest winner. In the event that the alternative Contest winner fails to comply with these Official Contest Rules or fails to execute and return the Release within fourteen (14) days of prize notification, then the alternative Contest winner will be disqualified and the Photo with the next highest score will be the second alternative Contest winner. In the event that the second alternative Contest winner fails to comply with these Official Contest Rules or fails to execute and return the Release within fourteen (14) days of prize notification, then Sponsor will have the option to award the Grand Prize to a third alternative Contest winner or choose not to award that prize. In order to receive the Grand Prize, a winner may not be required to: (i) purchase any goods or services, (ii) pay any money, or (iii) submit to a sales promotion effort. The Grand Prize winner will be posted on the Website no more than five (5) days after Sponsor receives the Release from a Grand Prize or alternative Grand Prize winner. The Grand Prize will be delivered to the Grand Prize winner’s residence within the continental United States (excluded those state not eligible as stated in section III.A free of charge. Upon request, Sponsor will send the name of the winner to other contestants.
C. Win Your New Car will pay the state sales tax for the grand Prize for the state the winner resides in. Any other fees required to register the grand prize are the responsibility of the winner. Submitting a Contest entry constitutes permission to post the winner’s name on the Sponsor’s website and use of the winner’s name and hometown for purposes of advertising without further compensation unless prohibited by law. By accepting the Grand Prize, the winner agrees that Sponsor, its affiliates, distributors, advertising and promotional agencies and suppliers and all of their respective parents, subsidiaries, agents, directors, officers, employees, representatives and assigns (collectively “Agents”) shall have no liability for any damage, loss or injury that may arise in whole or in part, directly or indirectly, from the acceptance, possession, use or misuse of the Grand Prize or participation in this Contest. To the extent permitted by law, Entrants agree to hold Sponsor and its Agents harmless from any injury or damage.
VII. Warranty and Indemnity
A. Each Entrant certifies and covenants that their entry Photo is original and that they are the sole and exclusive owner and right holder of the Photo, and that they have the right to enter the Contest. Each Entrant agrees not to submit any Photo that: (1) infringes any third party proprietary, intellectual property, industrial property, personal rights or other rights, including without limitation, copyright, trademark, patent, trade secret or confidentiality obligation; or (2) otherwise violates applicable law in any of the United States of America. Entrants waive: (i) any right to publicity, privacy or moral rights relating to the Photo or their participation in this Contest, and (ii) any right to inspect or approve uses of the Photo or any part thereof or to be compensated for any such uses. To the extent these rights may not be waived legally, Entrants agree not to assert them.
B. To the maximum extent permitted by law, each Entrant indemnifies and agrees to keep indemnified the Sponsor and its Agents harmless at all times from and against any liability, claims, demands, losses, awards, damages, costs and expenses: (i) resulting from any act, default or omission of the Entrant and/or a breach of any warranty set forth herein; (ii) caused or claimed to be caused by participation in the Contest and/or use or acceptance of the Grand Prize won, except to the extent that any death or personal injury is caused by the negligence of the Sponsor; or (iii) for or in respect of which the Sponsor will or may become liable by reason of or related or incidental to any act, default or omission by the Entrant under these Official Contest Rules including without limitation resulting from or in relation to any breach, non-observance, act or omission whether negligent or otherwise, pursuant to these Official Contest Rules by the Entrant.
C. Sponsor makes no warranty, representation or guarantee, express or implied, in fact or in law, relative to the use of the Contest Grand Prize including, but not limited to, quality, merchantability or fitness for a particular purpose. IN NO EVENT WILL SPONSOR BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES) ARISING OUT OF THIS CONTEST.
A. The Contest is subject to all applicable federal, state, provincial and local laws and regulations. Void where prohibited by law. Sponsor may prohibit Entrants from participating in the Contest and disqualify entries if they attempt to enter the Contest through means not described in the Official Contest Rules, attempt to disrupt the Contest or circumvent the Official Contest Rules, act in an un-sportsmanlike manner or with an intent to annoy or harass any other Entrant or sponsor(s). Sponsor reserves the right to cancel or suspend the Contest should virus, bugs, unauthorized human intervention, or other causes beyond the control of the Sponsor corrupt the administration, security, fairness, integrity, or proper operation of the Contest. All decisions are final. Sponsor reserves the right to disqualify any individual who tampers with the entry process. Caution: Any attempt by an individual to deliberately damage any web site or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to notify the authorities and to seek damages from any such individual to the fullest extent of the law.
B. Sponsor is not responsible and assumes no responsibility for late, lost, misdirected, undeliverable or incomplete entries due to system errors or failures, or faulty transmissions or other telecommunications malfunctions and/or online entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, or faulty transmissions, or for any problems or technical malfunction(s) of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, or entries not received by Sponsor on account of technical problems or traffic congestion on the Internet, or at a web site, or any combination thereof, including any injury or damage to Entrant’s or any other person’s computer related to or resulting from entering the Contest or uploading any material for the Contest, or other telecommunications malfunctions that may limit an Entrant’s ability to participate. Sponsor reserves the right to modify or cancel the Contest in the event that the Website used to administer any aspect of the Contest becomes technically corrupted.
C. Entrants agree that Sponsor and its Agents shall not be liable for, and Entrants hereby discharge and release Sponsor and its Agents from all losses or injuries of any kind resulting from: (i) acceptance/possession and/or use/misuse of the Grand Prize, (ii) participation in the Contest, (iii) individual, joint or collective technical malfunctions of the telephone network and/or transmission line, computer on-line system, computer equipment, hardware and/or software, (iv) any delay or distortion of an entry resulting from data transmissions that are garbled, incomplete, misdirected, lost, mutilated, delayed, corrupted, illegible or otherwise not in compliance with these Official Contest Rules, or (v) any use or exploitation of any Photo or content therein. Entrants also agree that Sponsor and its Agents are not responsible or liable for any injury or damage to an Entrant or third person’s computer related to or resulting from the Contest. The Sponsor and its Agents are not liable for damage to a user’s computer system (including, without limitation, any server failure or lost, delayed or corrupted data or other malfunction) due, either directly or indirectly, to an Entrant’s participation in the Contest or downloading of information or uploading any Photo in connection with the Contest.
D. These Contest rules shall be governed and construed in accordance any with the laws of the State of Maryland, USA without regard to the conflicts of laws or principles thereof. To the extent permitted by law, the rights to litigate, to seek injunctive relief or to make any other recourse to judicial or other procedure in case of disputes or claims resulting from or in connection with this Contest are hereby excluded, and all Entrants expressly waive any and all such rights. If any provision(s) of these Official Contest Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.