Families Who Rock Contest Rules
Families Who Rock Contest Rules
Official Rules for the “Families Who Rock Contest" Contest
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED BY LAW.
Open to legal residents of the continental United States and Washington DC (EXCLUDING RESIDENTS OF HAWAII, ALASKA, OVERSEAS MILITARY INSTALLATIONS, PUERTO RICO, AND OTHER U.S. TERRITORIES) who as of November 9, 2012 are 18 years of age or older.
Sponsor: Rolling Stone LLC (“Rolling Stone”)
1. How to Enter:
a. To enter the “Families Who Rock” Contest (the “Contest”), you must submit the following photograph, a title and statement to demonstrate how your family rocks (each, a “Submission”), which shall include:
1. an original photograph of you and your immediate family demonstrating how your family rocks (the “Photo”); and
2. a statement of 500 words or less telling us how you and your family are a family who rocks (“Written Entry”).
To submit your Submission, visit the rollingstone.com website at www.rollingstone.com/myfamilyrocks and follow the registration and entering directions provided therein. Limit one entry per family. If more than one (1) entry is submitted by a family, only the first entry received will be judged. Contest begins at 9:00 a.m. (Eastern Standard Time) on 11/9/2012. All Submissions must be received by 11:59 p.m. (Eastern Standard Time) on 12/14/2012. For the applicable privacy policies, visit http://www.rollingstone.com/services/privacypolicy and https://www.hyundaiusa.com/privacy-policy.aspx.
By participating in the Contest entrants hereby agree to the collection and usage of their personal information and acknowledge that they have read and accepted the terms of both of these privacy policies.
b. No mechanically reproduced or computer generated Submissions permitted. Not responsible for lost, late or misdirected Submissions, or Submissions containing incorrect or incomplete information. Not responsible for any problems or technical malfunctions of any telephone network or lines, computer, on-line, or Internet systems or services, servers, computer equipment, software, failure of any email or entry or confirmation or winner’s notice on account of technical problems or traffic congestion on the Internet, problems with the rollingstone.com website or any combination thereof, including any injury or damage to entrant’s or any other person’s computer resulting from downloading any materials in connection with the Contest. Submissions become the property of Sponsor and Hyundai Motor America and will not be acknowledged or returned.
2. By entering this Contest, you agree to the following:
a. SUBMISSION GUIDELINES:
1. Submissions cannot:
〈 Contain any material containing the name, likeness, image, photograph or other identifying elements of any person, other than the entrant and entrant’s immediate family, without written permission of such person;
〈 Contain any trademarks, logos or copyrighted material (such as company names, music, photographs or works of art), unless such material is owned by entrant or used with written permission of the owner;
〈 promote the use of alcohol, drugs, tobacco, firearms/weapons, any activities that may appear unsafe or dangerous or any particular political agenda or message;
〈 Depict, or itself be in, violation of any law;
〈 Be obscene, sexually explicit, pornographic, offensive, illegal, hateful or obscene, or that promotes violence or harm;
〈 Contain any virus, Trojan horse or other harmful or malicious code or
〈 Defame, misrepresent, slander, libel or contain disparaging remarks about other people or companies.
2. You shall be solely responsible for your own Submission and the consequences of submitting and publishing your Submission in the Contest. You affirm, represent, and warrant as follows:
〈 you own or have all necessary licenses, rights, consents, and permissions to publish the Submission and to grant Sponsor the rights to use the Submission as set forth in these Official Rules. Without limiting the preceding sentence, you represent that you have obtained all of the rights, licenses and permissions from each person that appeared in the Submission or helped create the Submission or whose intellectual property is included in the Submission. You MUST be the parent/legal guardian of any child depicted in the Photo, or have permission from a parent/legal guardian of each child depicted to submit the Submission in this Contest;
〈 the Submission is your original work;
〈 the publication and use of the Submission as provided in these Official Rules does not and will not violate or infringe upon the rights of any third party, including without limitation copyrights, trademarks or rights of publicity or privacy; and
〈 Sponsor and its licensees, assigns and promotional partners (including without limitation Hyundai Motor America Communications Company, L.P. (“Hyundai Motor America”)) will not be required to pay any sums or incur any obligations to any person or entity as a result of their use, exhibition, publication or exploitation of the Submission or any portion thereof.
b. Sponsor and/or its designed representatives will review all Submissions received. If any Submission fails to conform to these Official Rules, or Sponsor otherwise determines that the Submission is inappropriate, would reflect poorly on Sponsor or the Contest or could adversely affect the reputation or goodwill of Sponsor, Sponsor may remove and make ineligible for the Contest such Submission at any time. Sponsor also reserves the right, at Sponsor’s option, to edit any Submission, including blurring out third parties, or to require entrant to blur or edit the Submission in order to make the it eligible for entry in the Contest.
c. Sponsor, and its licensees, assigns and promotional partners (including without limitation Hyundai Motor America) shall own all right, title and interest in each of the Submissions and have the right to edit, publish, copy, distribute, broadcast, exhibit, advertise, promote, exploit, display, create derivative works from and otherwise use, and license others to use and edit, in whole or in part, the Submissions, worldwide in any media, formats, editions, and derivations, now known or hereafter developed, for all possible editorial, advertising and promotional purposes, without further permission, notice or compensation, in perpetuity, to the fullest extent permitted by law. Without limiting the previous sentence, Sponsor and Hyundai Motor America may publish, display and use your Submission in Rolling Stone magazine and on rollingstone.com, and in advertisements for the products and services of Hyundai Motor America and on Hyundai Motor America’s websites including social media and Hyundaiusa.com. You waive any and all “moral rights” or similar rights that you may have in any jurisdiction.
d. You consent to the use by Sponsor and its licensees, assigns and promotional partners (including without limitation Hyundai Motor America) of your name, image, voice, likeness and biographical information worldwide in any media, now known or hereafter developed, for all possible editorial, advertising and promotional purposes without further permission, notice or compensation, in perpetuity, to the fullest extent permitted by law. Without limiting the foregoing, you agree that your name, image, voice, likeness and biographical information may be used in advertising materials for the goods and services of Hyundai Motor America.
e. You release and hold harmless Sponsor, Wenner Media LLC its licensees, assigns and promotional partners (including without limitation Hyundai Motor America and National Academy of Recording Arts & Sciences, Inc.), each of their respective parent companies, subsidiaries, affiliates and related companies, and the respective officers, directors, employees, agents, successors, licensees, and assigns of each of the foregoing (collectively, "Released Parties") from any violation of any personal or proprietary right you may have in connection with the foregoing uses of the Submission and/or your name, image, voice, likeness and biographical information, including without limitation any claims of libel, slander, invasion of right of privacy, publicity or personality, or copyright infringement.
3. Judging/Selection of Winner:
a. INITIAL JUDGING: Submissions will be judged by a qualified panel of judges selected by Sponsor (“Judges”) who will consider the following criteria (“Judges’ Criteria”): creativity/originality (25%), relevance to theme (25%), composition of Photo (25%) and clarity of Written Entry (25%). Up to the top twelve (12) Submissions with the highest rating according to the Judges’ Criteria will be declared “Online Finalist” Submissions (subject to eligibility verification). In the event of a tie, the entry with the higher score first in creativity/originality category and then in the relevance to theme category will be declared the Online Finalist. If a tie continues, the tied Submissions will be re-judged by a new judge using the Judges’ Criteria. Each potential Online Finalist (or his/her parent/legal guardian if Online Finalist is a minor) will be required to sign and return a background check authorization and/or driving check authorization and an Affidavit of Eligibility, Liability and Publicity Release ("Affidavit") within three (3) days of receipt of notification, as well as provide Sponsor, if needed, completed permission waivers, in order to be eligible to compete in the Online Voting phase. Sponsor reserves the right, in its sole discretion, to select fewer than twelve (12) Online Finalists or to cancel the Contest if it does not receive a sufficient number of eligible and qualified Submissions. If a potential Online Finalist cannot be contacted, or does not return the Affidavit within the required time period, he/she will be disqualified and Sponsor, in its sole discretion and time-permitting, will determine an alternate Online Finalist based on the Judges’ Criteria from among the remaining eligible Submissions.
b. ONLINE VOTING/SELECTION OF WINNERS: The twelve (12) Online Finalist Submissions will be posted on the Sponsor's website, where consumers will be asked to vote for the Submission they think is best according to the criteria. The Online Voting period will start at 12:00 p.m. noon ET on or about January 3, 2013 and will end at 11:59 p.m. ET on January 17, 2013. Each Online Finalist's first name and state of residence will be displayed with his/her Entry. After the close of the Online Voting period, the Judges will choose one winner based on the following factors, with the weight accorded by them (1) the number of online votes cast for the Online Finalist (50%); and (2) the results of the Judges’ Criteria (50%).The decisions of the Judges will be final and binding on all matters relating to the Contest. The Grand Prize winner will be announced on or about January 28, 2013.
c. Decisions of Sponsor are final on all matters relating to the Contest.
d. Winner will be notified by e-mail or telephone on or around January 19, 2013.
4. Prize: One (1) Grand Prize winner will receive the following Grand Prize package (the “Prize”):
a. A trip to Los Angeles, California, with an approximate retail value (“ARV”) of $15,000, which includes:
♣ Round-trip coach airfare for the winning family, including Winner and up to a total of seven (7) of Winner’s immediate family members (“Travel Companions”) from the Winner’s and Travel Companions’ nearest major gateway airport departing on Friday, February 8, 2012 and returning on Monday, February 11, 2012;
♣ Three (3) nights deluxe hotel stay (suite-level accommodations);
♣ Ground transportation via car service for the weekend of the Event;
♣ Access for the Winner and Travel Companions to the 55th Annual GRAMMY Awards, currently scheduled to take place on February 10, 2013 (the “Event”);
b. A customized 2013 Hyundai Santa Fe, with an ARV of $54,940; and
c. A photo shoot for the Winner and Travel Companions shot by an industry photographer on the same weekend of the Event (the “Photo Shoot”), the photos of which will run in an advertorial in Rolling Stone magazine and on rollingstone.com for Hyundai.
d. Total ARV of all Prizes: $69,940. Actual retail value may vary. Winner will not receive the difference between the actual and approximate retail value. If winner cannot travel on the dates required to attend the Event, winner will forfeit the Prize in its entirety and Sponsor may, at its option, either select a second place winner in his or her place or be relieved of liability for fulfillment of the Prize. Certain restrictions and blackout dates may apply. Winner is responsible for any expenses not expressly included in the Prize description, such as additional ground transportation expenses, incidentals, meals, beverages and any other expenses. Winner and Travel Companions must travel on the same itinerary.
e. Prize is nontransferable, cannot be redeemed for cash, and must be accepted as awarded, but Sponsor reserves the right to substitute any prize or prize element with a prize of equal or greater value should the advertised prize become unavailable for any reason. Winner may elect to decline the vehicle element of the Prize. Prize will not be fulfilled outside the 50 United States and District of Columbia, or where prohibited, taxed or restricted by law. WINNER WILL BE RESPONSIBLE FOR ALL REGISTRATION, TAX, TITLE, LICENSE AND DEALER FEES, HANDLING CHARGES, INSURANCE and all other taxes (federal, state, and local) and incidental expenses not listed herein related to acceptance and use of any prize. All other unspecified expenses related to the vehicle and its delivery are the sole responsibility of the winner.
f. Winner is solely responsible for as any dealer prep, emissions inspection, gasoline, vehicle maintenance, and any other costs incurred in claiming, registering, or using the prize. Winner must have a valid driver's license, the ability to acquire auto insurance and meet eligibility requirements of these Official Rules. Prize will be awarded if properly claimed. All options and upgrades on vehicle are the sole responsibility of winner. Vehicle will only be released upon proof of valid driver’s license currently in force and satisfactory proof of insurance. Accessories and options may vary. Interior/exterior color subject to availability. Accessories are subject to change without notice. Sponsor reserves the right to change product specifications at any time without incurring any obligations. No assignment, transfer, conversion to cash or cash redemption or substitution of the prize is permitted, except Sponsor reserves the right to substitute the prize with a prize of comparable or greater value should the prize become unavailable. Winner is not eligible for any cash back or rebate which may be available on the vehicle at time of delivery. All other costs and expenses not specified herein, if any, are the responsibility of the winner. All prize details are at the sole discretion of the Sponsor. Prize value is an approximation. Any difference between the approximate value and the actual cost of the prize will not be awarded.
a. A participant may be disqualified and be ineligible to win the Contest, in Sponsor’s discretion, if the participant:
i. has been convicted of a felony or has felony charges pending against him or her;
ii. has been convicted of any crime (felony or misdemeanor) that, Sponsor determines in its sole discretion, involves drugs or alcohol, domestic violence, or child endangerment or has charges of such crime pending against him or her;
iii. has an outstanding arrest warrant (felony or misdemeanor) against him or her;
iv. is subject to a restraining order; or
v. if the results of the Online Finalist’s and/or Winner’s background check and/or driving record check do not meet Sponsor’s standards, subject to Sponsor’s sole discretion.
b. Sponsor reserves the right to disqualify any person tampering with the entry process, the operation of rollingstone.com or who is otherwise in violation of the Official Rules. Sponsor further reserves the right to cancel, terminate or modify the Contest in the event the Contest is not capable of completion as planned, including but not limited to infection by computer virus, bugs, tampering, printing errors, or technical failures of any kind. In the event of a dispute as to entries submitted by multiple users having the same email account, the authorized subscriber of the email account used to enter the Contest at the actual time of entry will be deemed to be the entrant and must comply with these Official Rules. Authorized account subscriber is deemed to be the natural person who is assigned an email address by an Internet access provider, on-line service provider or other organization which is responsible for assigning email addresses or the domain associated with the submitted email address. CAUTION: ANY ATTEMPT BY ANY PARTICIPANT TO DELIBERATELY DAMAGE THE WEBSITE OR TAMPER WITH OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH ENTRANT(S) TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING CRIMINAL PROSECUTION.
a. Employees, directors and officers of Sponsor, Hyundai Motor America and its dealers, their respective parent companies, affiliates, subsidiaries, advertising or promotional agencies, and their immediate family members and/or those living in same household are not eligible.
b. All federal, state, and local taxes are the sole responsibility of the winner, who will receive an IRS Form 1099 reflecting the final actual value of any prize valued at $600 or more. Consult with your tax professional regarding potential tax implications.
c. Potential winners must execute an Affidavit of Eligibility/Release of Liability Form(s) within 5 days of notification. All Travel Companions must execute a Release of Liability Form prior to ticketing. Noncompliance, or return of prize notification as undeliverable or inability to contact winner within three (3) days after notification will result in disqualification and selection of an alternate winner. Potential winners and Travel Companions must and hereby do consent to a background check and a driving record check. Travel Companions must be 18 years or older, or if any of Travel Companions are under the age of 18, they must be accompanied by a parent/legal guardian.
d. By participating in the Contest, entrants, winners and Travel Companions agree to release and hold harmless the Released Parties from and against any and all liability whatsoever for any loss, harm, damage, injury, cause of action, claim, cost or expense (including without limitation any property damage, personal injury and/or death) arising out of or in connection with the (i) the Submission; or (ii) the Contest, including without limitation participation in any Contest-related activity, travel to or from any Contest-related activity, and/or possession, acceptance, use or misuse of any prize and for any claims based on publicity rights, copyright infringement, defamation or invasion of privacy.
Released Parties shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by any performer(s)/event(s), air carrier(s), hotel(s), or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. The passenger contracts in use by the airlines or other transportation companies shall constitute the sole contracts with respect to the winner's and his/her travel companion’s transportation and such contracts shall be solely between the winner, his/her travel companion and such transportation companies. Released Parties shall not be parties to such contracts and shall assume no responsibility in this connection. Released Parties shall not be liable for any loss, theft or damage of cash, cameras, jewelry, securities, heirlooms, negotiable papers or other valuables. Winner and Travel Companions will be solely responsible for obtaining valid identification relating to acceptance and use of the travel prize. If in the judgment of Sponsor, air travel is not required due to prize Winner’s proximity to prize location, ground transportation will be substituted for roundtrip air travel at Sponsor’s sole discretion. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates.
Released Parties are not responsible if the Contest cannot take place or if the Prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather, acts of terrorism, interruptions in transportation, power or communication facilities, labor strikes or lockouts or any other cause beyond Released Parties’ reasonable control.
Sponsor’s failure to enforce any term of these rules shall not constitute a waiver of that provision.
e. Each entrant hereby acknowledges and agrees that the relationship between the entrant and Sponsor is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the Submission 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 Submission, other than as set forth in these Official Rules. Each entrant understands and acknowledges that Sponsor has wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to them or being developed by their own employees. Each entrant also acknowledges that many ideas or stories may be competitive with, similar to, or identical to the Submission and/or each other in theme, idea, plot, format, or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material that has or may come to Sponsor from other sources.
f. By participating, entrants agree to be bound by these Official Rules and the decisions of the judges, which shall be final and binding with regard to all matters relating to the Contest.
g. ARBITRATION and WAIVER OF CERTAIN DAMAGES: As a condition of participating in this Contest, entrants agree that (a) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential or any other indirect damages, (b) all causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved exclusively by arbitration under the rules of the American Arbitration Association before a single arbitrator located in New York County, New York; and (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred including costs associated with entering this promotion, but in no event attorney’s fees or any equitable or injunctive relief. Disputes arising from this Contest will be determined according to the laws of the State of New York, without reference to its conflict of laws principles.
7. The Sponsor of the Contest is Rolling Stone LLC, 1290 Avenue of the Americas, New York, NY 10104.
8. Winner’s List:
For names of prize winners, until 4/30/2013, send a separate, stamped, self-addressed, No.10 envelope to: “Families Who Rock Contest” Attention: Rolling Stone Marketing, 1290 Avenue of the Americas, New York, NY 10104.