NO PURCHASE NECESSARY TO ENTER, PLAY OR CLAIM A PRIZE. A PURCHASE or payment WILL NOT Impact AN ENTRANT’s OPPORTUNITY TO WIN.
OPEN ONLY TO LEGAL RESIDENTS OF THE 48 CONTIGUOUS U.S. states AND THE DISTRICT OF COLUMBIA WHO ARE AT LEAST 18 YEARS OLD AT THE TIME OF ENTRY.
The Ram® Trucks Caves Contest (“Contest”) is sponsored by the Chrysler Group LLC, 1000 Chrysler Drive, Auburn Hills, MI 48326-2766 (“Sponsor”), and is administered by Prize Logic, LLC, an independent judging organization, 25200 Telegraph Road, Suite 405, Southfield, MI 48033 (“Administrator”).
1. CONTEST PERIOD AND BRIEF OVERVIEW: The Contest begins on September 12, 2013, at 10:00 A.M. Eastern Time (“ET”) and ends on October 6, 2013, at 11:59:59 P.M. ET (“Contest Period”). During the Contest Period, an eligible entrant can enter the Contest by following the instructions set forth in Section 3 of these official rules (“Official Rules”). Public voting will start on September 12, 2013, at 10:00 A.M. ET and end on October 9, 2013, at 11:59:59 P.M. ET (“Voting Period”). Judging will take place from October 10, 2013, through October 17, 2013. Sponsor’s computer is the official timekeeping device for the Contest.
2. ELIGIBILITY: This Contest is open only to legal residents of the 48 contiguous U.S. states and the District of Columbia who are at least eighteen (18) years old at the time of entry. Officers, directors and employees of Sponsor, Ignite Social Media, Administrator, Federated Media, Art of Manliness, LLC, BobVila.com, LLC, Charles & Hudson, and each of their respective parent companies, subsidiaries and affiliates, distributors, contributors, dealerships and companies involved in the implementation and execution of the Contest (collectively, “Contest Entities”) and each of their respective immediate family members (i.e ., spouse, parent, child, sibling and the “steps” of each) and persons living in the same household of each are not eligible to participate in the Contest. Void in Alaska, Hawaii and where prohibited or restricted by law. By participating in this Contest, an individual who enters the Contest (individually, “Entrant” and collectively, “Entrants”) agrees to be bound by these Official Rules and that the decisions of Sponsor shall be final and binding in all matters pertaining to the Contest.
i) A title for his or her entry (up to 60 characters in length);
ii) An essay describing why he or she should receive a garage upgrade (up to 1,000 characters in length); and
iii) At least one (1) photograph and no more than three (3) photographs of his or her garage (sheds, driveways, carports and open land are not permitted).
Submitting an entry constitutes Entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, nonexclusive license to use, reproduce, modify, publish or create derivative works from and display the entry in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, Entrant will sign any documentation that may be required for Sponsor or its designees to make use of the nonexclusive rights Entrant is granting to use the entry. This license expressly includes a right (but not the obligation) for Sponsor to modify submissions to remove any third party intellectual property. Each Entrant irrevocably waives any and all so-called moral rights they may have therein. Each Entrant hereby acknowledges that such Entrant does not reserve any rights in or to the entry.
Entry Limit: Each Entrant is limited to one (1) entry into the Contest. Entrants attempting to use multiple Facebook accounts or identities may be disqualified, at Sponsor’s sole discretion. Entries received from any individual in excess of the stated limitation will be void.
4. ENTRY REQUIREMENTS: The description of each entry:
· Must be in English, except for commonly understood foreign words;
· Must use one of the following file formats: .jpg, .png, .gif or .tiff for the photographs(s);
· Must not exceed 2MB;
· Must include a garage with a door that opens and closes and is used to store automobiles (sheds, driveways, carports or any other open land do not constitute a garage for purposes of the Contest);
· Must not prominently include any identifiable person(s) other than the Entrant;
· Must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
· Must be entirely the original work of Entrant;
· Must not disparage the Contest Entities;
· Must not prominently feature brand names, logos or trademarks other than Sponsor’s trademarks in any other element of the entry, which Sponsor has granted Entrant a limited license to use for purposes of this Contest as set forth below;
· Must not promote any cause other than the Contest theme;
· Must not contain material that is inappropriate, indecent, lewd, pornographic, obscene, hateful, tortious, defamatory, slanderous or libelous (as determined by Sponsor, at Sponsor’s sole discretion);
· Must not contain, facilitate, reference or use material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, ethnicity, religion, nationality, disability, sexual orientation, political orientation, citizenship, ancestry, marital status or age (as determined by Sponsor at Sponsor’s sole discretion);
· Must not contain any viruses, spyware, malware or other malicious components that are designed to harm the functionality of a computer in any way; and
· Must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Entry is created.
NOTE : If any entry fails to comply with any of these entry requirements or any other provisions of these Official Rules, Sponsor and Administrator reserve the right to disqualify the Entrant.
Sponsor grants Entrants a limited, revocable, non-sublicensable license to use Sponsor’s name, product, trademarks and logos (collectively, “Sponsor’s IP”) for the sole purpose of entering this Contest. Entrants are not permitted to make any further use of Sponsor’s IP for any purpose whatsoever. In addition, Entrants recognize that all rights, titles and interests in Sponsor’s IP shall vest exclusively to the Sponsor, and Entrant agrees that he or she has not taken and will not take any action that might harm or adversely affect such rights. No rights, titles or interests in and to the Sponsor’s IP, except for the limited license granted to Entrant in these Official Rules, are transferred or created. Each Entrant further acknowledges and agrees that Sponsor’s IP rights are valid and enforceable, and that Entrant shall do nothing to challenge the validity or enforceability of Sponsor’s IP in any forum. Entrants agree that the use of Sponsor’s IP is permitted only for the purpose of making a submission in this Contest, and that any use of Sponsor’s IP (whether in the entry or otherwise) beyond this scope infringes the rights of Sponsor and will result in irreparable harm to Sponsor.
5. PUBLIC VOTING, JUDGING AND WINNER SELECTION : After the successful submission of an entry during the Contest Period, each entry will be visible within a gallery on the Website (“Gallery”) and will be subject to review by an agent of Sponsor to ensure initial compliance with the entry requirements. The posting or publication of an entry in the Gallery does not mean the entry has been deemed to comply with these Official Rules. During the Voting Period, eligible voters may vote by visiting the Website, log in with to his or her Facebook account (or create an account if he or she does not already have one), accept the Facebook permissions request and follow the on-screen instructions to submit a vote. The voter must “Like” the Ram Trucks Facebook page if he or she does not already “Like” the page. After the Voting Period ends, the entries will be judged by a panel of qualified judges selected by Sponsor’s marketing and brand teams (“Judges”). The Judges will evaluate each entry and the public rating component will be factored in according to the following weighted criteria: (1) “Creativity” – 40%, (2) “Cause for Garage Renovation” – 40%, and (3) “Public Appeal,” which may, at the Judge’s sole and absolute discretion, include the results of the voting from the public vote – 20%. If there is a tie, the tiebreaker will be the score awarded for Cause for Garage Renovation. The three (3) Entrants with the highest overall scores will be deemed the potential winners (individually, “Winner” and collectively, “Winners”), pending verification of eligibility and compliance with these Official Rules, as determined by Sponsor, at Sponsor’s sole discretion. In no event will there be more than three (3) Winners selected in the Contest. The Judges’ decisions are final and binding.
Limit one (1) vote per person, per entry, per day during the Voting Period. A “day” starts at 10:00:00 A.M. ET and ends at 9:59:59 A.M. ET the next calendar day, except on October 9, 2013, when a day will start at 10:00 A.M. ET and end at 11:59:59 P.M. ET. Votes received from any person in excess of this limitation will be void. Votes generated by script, macro or other automated means are void. One (1) person may not submit multiple votes using different email addresses, Facebook accounts or identities. Voting must be completed by the actual person casting the vote. A person may not vote on behalf of another person. Subsequent votes during one day by a single person may, at Sponsor’s sole discretion, be disqualified. Votes beyond the limits set forth herein may not be counted. Votes intended to subvert the integrity of the voting process as determined by Sponsor, at Sponsor’s sole discretion, are void. Payment or other consideration or inducement, including but not limited to merchandise, cash, online currency, discounts, vote trading or anything deemed to have value in exchange for votes, is prohibited.
6. PRIZE , CONDITIONS AND APPROXIMATE RETAIL VALUE (“ARV”):
Prize (3): The prize is a garage renovation, the specifics of which are based on the Sponsor’s discretion, and a $5,000 check made payable to the Winner (collectively, “Prize”).
Prize Conditions: A Winner must be available to accept the Prize either on November 8, 2013, November 15, 2013, or November 22, 2013. Each Winner must also clean his or her garage to a condition reasonably acceptable to Sponsor prior to acceptance of the Prize. For avoidance of doubt, the garage must be completely cleaned and emptied prior to acceptance of the Prize. Each Winner will be responsible for all costs and expenses relating to cleaning of his or her garage. The Prize is non-transferable and non-assignable, and no substitution, exchange or cash equivalent will be allowed, except by Sponsor at Sponsor’s sole discretion. Prize may not be redeemed for cash, nor may Prize be transferred or offered for sale or auction, and can be substituted only, at Sponsor’s sole discretion, with prizes of equal or greater value. No more than three (3) Prizes will be awarded. Limit one (1) Prize per household.
ARV: The ARV of each Prize is up to $30,000. The actual value may vary based on the actual renovation selected by Sponsor. Any difference between the stated ARV and actual value will not be awarded.
7. HOW TO CLAIM THE PRIZE: On or about October 18, 2013, the potential Winners will be sent an email notification at the email address provided when registering for the Contest with further instructions on how to claim the Prize. Each potential Winner will be required to execute an Affidavit of Eligibility, a Liability Release and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”). Each potential Winner may also be required to sign and return a background check authorization with the Prize Claim Documents. Sponsor reserves the right to disqualify the potential Winner based on the results of such background check if Sponsor determines (at its sole discretion) that awarding the Prize to any such individual might reflect negatively on the Sponsor. If a potential Winner fails or refuses to sign and return all Prize Claim Documents by the date stated in the prize notification, the potential Winner may be disqualified and an alternate Winner may be selected. In the event that an email notification or any other winner notification is returned as undeliverable, or if there is no response to an email notification, or any other winner notification is not received within the stated time period or if a potential Winner does not comply with these Official Rules, that potential Winner may, at the Sponsor’s sole discretion, be disqualified, and the Prize he or she may have been entitled to will be forfeited. If a potential Winner is disqualified for any reason, the Entrant whose entry receives the next highest score, as set forth in Section 5, may be named an alternate potential Winner. The Winners may also be announced on the Website.
EACH WINNER WILL BE ISSUED A FORM 1099 FOR TAX PURPOSES IN THE AMOUNT OF THE ACTUAL RETAIL VALUE OF THE PRIZE AND MUST SUBMIT HIS OR HER SOCIAL SECURITY NUMBER OR TAXPAYER ID NUMBER, AS REQUIRED BY LAW. ALL FEDERAL, STATE AND LOCAL TAXES IMPOSED ON THE ACCEPTANCE OF THE PRIZE ARE SOLELY THE RESPONSIBILITY OF EACH WINNER.
8. LIMITATION OF LIABILITY: By participating in this Contest, Entrants agree that the Contest Entities and their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, Web masters and their respective officers, directors, employees, representatives, designees and agents (“Released Parties”) are not responsible for lost, late, incomplete, stolen, misdirected, postage due or undeliverable email notifications, direct messages or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; or garbled, corrupt or jumbled transmissions, service provider/Internet/Website/UseNet accessibility, availability or traffic congestion; or any technical, mechanical, printing or typographical or other error; or unauthorized human intervention; or the incorrect or inaccurate capture of registration information; or the failure to capture, or loss of, any such information. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any Website users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Contest and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction, or unauthorized access to the Website or any Contest-related website(s). The Released Parties are not responsible for any injury or damage, whether personal or property, to participants or to any person’s computer related to or resulting from participating in the Contest and/or accepting a Prize. The Released Parties shall not be responsible or liable for entries that are entered by any automated computer, program, mechanism or device, for any entries in excess of the stated limit or for entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules, and all such entries may, at Sponsor’s sole discretion, be disqualified.
If, for any reason, an entry is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an entry in the Contest, the Entrant’s sole remedy is to enter the Contest again to receive another entry. If, for any reason, the Contest is not capable of running as planned, Sponsor reserves the right, at its sole discretion, to cancel, terminate, extend, modify or suspend the Contest and/or proceed with the Contest, including the selection of Winners in a manner it deems fair and reasonable, including the selection of Winners from among eligible entries received prior to such cancellation, termination, modification or suspension. This Contest is subject to all federal, state and local laws and regulations.
By entering the Contest, each Entrant agrees: (i) to be bound by these Official Rules and by all applicable laws and by the decisions of Sponsor and Administrator, which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his or her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Contest; (iv) the entry is the Entrant’s own original, previously unpublished and previously unproduced work; (v) the entry does not contain any computer virus (as applicable), is otherwise uncorrupted, is wholly original with Entrant and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (vi) the entry does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; (vii) the entry does not and will not violate any applicable laws, and is not and will not be defamatory or libelous; and (ix) to forever and irrevocably agree to release, defend, indemnify and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the Contest, including, but not limited to, any Contest-related activity or element thereof, and the Entrant’s entries, participation or inability to participate in the Contest; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) typographical or printing errors in these Official Rules or any Contest materials; (d) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, nonuse, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a Prize (or any component thereof); (e) any change in the prizes (or any components thereof) due to unavailability or due to reasons beyond Sponsor’s control, including, but not limited to, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slowdown, civil disturbance, insurrection, riot or any other cause beyond any of the Released Parties’ control, or as otherwise permitted in these Official Rules; (f) any interruptions in or postponement, cancellation or modification of the Contest; (g) human error; (h) incorrect or inaccurate transcription, receipt or transmission of any part of any entry (including, without limitation, the registration information or any parts thereof); (i) any technical malfunctions or unavailability of the Website or any telephone network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software, Internet service provider or mail service utilized by any of the Released Parties or by an Entrant; (j) interruption of or inability to access the Contest, the Website or any other Contest-related website(s) or any online service via the Internet due to hardware or software compatibility problems; (k) any damage to Entrant’s (or any third person’s) equipment used to access the Contest and/or its contents related to or resulting from any part of the Contest; (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions; (m) any late, lost, stolen, mutilated, misdirected, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries; (n) any wrongful, negligent or unauthorized act or omission on the part of any of the Released Parties; (o) lost, late, stolen, misdirected, damaged or destroyed prize (or any element thereof); (p) the negligence or willful misconduct by Entrant or (q) any breach or alleged breach of any of the warranties, representations or agreements of Entrant hereunder.
Without limiting the foregoing, everything regarding this Contest, including the Website and Prize components, is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusions of implied warranties, so some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.
9. DISPUTES: Except where prohibited, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (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, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan. Entrants agree that the statute of limitations for asserting any claims shall be a period of one (1) year from the time the cause of action accrued, or the cause of action shall be forever barred.
11. PUBLICITY RIGHTS: By participating in the Contest and/or accepting a Prize, each Entrant (and any minor Entrant’s parent or legal guardian) agrees to allow Sponsor and/or Sponsor’s designee the perpetual right to use his or her name, biographical information, photos and/or likeness, entry and statements for Contest, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered worldwide including, but not limited to, live television, on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law.
12. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each Entrant hereby acknowledges and agrees that the relationship between the Entrant and the Sponsor is not a confidential, fiduciary or other special relationship, and that the Entrant’s decision to provide the Entrant’s entry to Sponsor for purposes of the Contest does not place the Sponsor in a position that is any different from the position held by members of the general public with regard to elements of the Entrant’s entry. Each Entrant understands and acknowledges that the Sponsor has wide access to ideas, stories, designs and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each Entrant also acknowledges that many ideas or photos may be competitive with, similar or identical to the entry and/or each other in theme, idea, format or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of any Sponsor’s use of any such similar or identical material. Each Entrant acknowledges and agrees that the Sponsor does 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 the copyright in and to the entry. Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of the Sponsor’s actual or alleged exploitation or use of any entry or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief and Entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
13. NO OBLIGATION TO USE: Sponsor shall have no obligation (express or implied) to use any entry, or to otherwise exploit any entry or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of any entry for any reason, with or without legal justification or excuse, and contestants shall not be entitled to any damages or other relief by reason thereof.
14. DATES AND DEADLINES/ANTICIPATED NUMBER OF CONTESTANTS: Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Sponsor cannot accurately predict the number of entrants who will participate in the Contest.
15. FURTHER DOCUMENTATION: If Sponsor shall desire to secure additional assignments, certificates of engagement for the entry or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each Entrant agrees to sign the same upon Sponsor’s request therefor.
16. GENERAL: Any attempted form of participation in this Contest other than as described herein is void. If it is discovered that any Entrant attempts to receive additional entries in excess of the stated limitation, that Entrant may, at Sponsor’s sole discretion, be disqualified from the Contest. In the event of a dispute as to the identity of the Winner, the winning entry will be declared made by the authorized account holder of the email address associated with the Facebook account used to submit the entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning email addresses for the domain associated with the submitted email address. Sponsor and Administrator reserve the right to disqualify any individual found, in Sponsor’s or Administrator’s sole discretion, to be tampering with the operation of the Contest, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of a Contest. Any use of robotic, automatic, macro, programmed, third-party or like methods to participate in the Contest may void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE THE CONTEST OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. All entries and/or materials submitted will not be returned. In the event of any conflict with any Contest details contained in these Official Rules and Contest details contained in any Contest promotional materials (including, but not limited to, point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Contest as set forth in these Official Rules shall prevail.
17. WINNERS LIST: To obtain any legally required winners list, interested individuals should place a self-addressed, stamped business-size envelope (omit return postage if mailing from Vermont) in an envelope and mail it to Ram® Trucks Caves Contest – Winners List Request, P.O. Box 251328, West Bloomfield, MI 48325. Winner List requests will be accepted only after October 17, 2013, and must be received by December 2, 2013.
Facebook is a registered trademark of Facebook, Inc.
This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook, Inc.
Sponsored by Chrysler Group LLC, 1000 Chrysler Drive, Auburn Hills, MI 48326-2766.