"How I Became the Woman I Wanted To Be" Contest
October 1, 2015-October 28, 2015
PRELIMINARY INFORMATION: No purchase necessary. A purchase will not improve your chances of winning. Void where prohibited. The "How I became The Woman I Wanted To Be" ("Contest") will begin on October 1, 2015 at 3:00 PM Eastern Time and end on October 28, 2015 at 11:59 PM ET ("Contest Period"). All times in the Contest refer to Eastern Time ("ET"). Odds of winning depend upon the number of eligible entries received. Contest is subject to all applicable federal, state and local laws.
ELIGIBILITY: Open only to permanent, legal United States ("U.S.") residents who are physically residing in one (1) of the forty-eight (48) continental United States or the District of Columbia (excluding Alaska, Hawaii, Puerto Rico, Guam, The Virgin Islands and other United States territories), and who are licensed drivers, eighteen (18) years of age or older as of the start of the Contest Period. Officers, directors, and employees of Contest Entities (as defined below), members of these persons' immediate families (spouses and/or parents, children, and siblings, and each of their respective spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Contest. Contest Entities, as referenced herein, shall include NBCUniversal Media, LLC, 30 Rockefeller Plaza, New York, NY 10112 ( "Sponsor"), FCA US LLC , and each of their respective parent, subsidiary, and affiliate companies, and administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Contest.
TO ENTER: As part of your Entry (as defined below), you will be required to submit a photo or image ("Photo") and statement ("Statement") on the following theme: "How I Became The Woman I Wanted To Be". Photo and Statement must have originated with you, and you must have permission of any person who appears or is identified in your Statement or Photo. If any minors appear in your Statement or Photo, the entrant must be that minor's parent and/or legal guardian. Professional Photos with watermarks are not eligible. Statements must be in English.
All Entries become the property of Sponsor and will not be acknowledged or returned. You must submit the Photo or Statement (collectively referred to herein as the "Submissions") as part of your Entry to enter and be eligible for the Contest. By entering the Contest, entrants grant Sponsor [A1] the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the Submissions and to incorporate the Submissions in other works in any and all markets and media worldwide in perpetuity. Entrants warrant that they have the sole and exclusive right to grant such rights to Sponsor and that the reproduction, publishing, displaying, and/or other use of the Submissions will not infringe on any rights of third parties, including, without limitation, copyright, trademark, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. If any Submissions contain material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or if any Submissions do not comply with these Official Rules or meet Sponsor's standards for any reason, as determined by Sponsor in its sole discretion, such Submissions (and the related Entries) may be rejected as ineligible for consideration and/or deleted from the House of DVF Twitter page. Entries must comply with all applicable laws, rules, and regulations. Neither Sponsor nor Contest Entities shall have any obligation to copy, publish, display, or otherwise exploit the Submissions.
Entries must be received before October 19, 2015 at 11:59 PM ET to be eligible for the Contest. Sponsor's computer shall be the official timekeeper for all matters related to this Contest. You may enter only one time during the Contest Period. Multiple Entries received from any person or email address beyond this limit will void all such additional Entries. Entries generated by a script, macro, or other automated means will be disqualified. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an entrant, the authorized account holder of the Twitter account or Instagram account used to enter will be deemed to be the entrant. "Authorized account holder" of a Twitter account is defined as the person who is assigned to a Twitter account by the Twitter Website. Entry constitutes permission (except where prohibited by law) to use entrant's name, Twitter user name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval.
SELECTION AND NOTIFICATION OF FIRST ROUND FINALISTS, SECOND ROUND FINALISTS AND GRAND PRIZE WINNER: There will be two (2) rounds of judging: round 1: initial judging to determine the five (5) First Round Finalists (defined below); and round 2: public voting to determine Grand Prize Winner (defined below).
Round 1: Initial Judging for the First Round Finalists: On or about October 20, 2015, one (1) or more qualified judges selected by Sponsor ("Judges") will review all eligible Entries received during the Contest Period and select up to five (5) finalists ("Finalists", each a "Finalist") based on the following judging criteria (Originality 35%; Relevance To Theme-35% and Poise-30%. Each Finalist will advance to Round 2: Public Voting for Grand Prize Winner, subject to verification of eligibility. The selection and review process may occur on a rolling basis as Entries are received. In the event of a tie, the Initial Judges will break the tie by selecting the tied entrant who received the highest points from the Initial Judges for Poise to advance to Round 2: Public Voting. In the event a tie remains, an additional tie-breaking judge will judge the tied Entries, using the Judging Criteria, to determine which of the tied Entries will advance to Round 2: Public Voting. Sponsor reserves the right to pick fewer than five (5) Finalists if the Contest does not receive a sufficient number of eligible and qualified Entries, as determined by Sponsor in its sole discretion.
Round 2: Public Voting for Grand Prize Winner: Beginning on or about October 26, 2015, the Finalists' Entries will be posted on www.eonline.com (the "Website") in a randomized manner for public viewing and voting. On or about October 26, 2015 at 8:01 A.M. ET until October 28, 2015 at 11:59 P.M. ET, or on such other dates and at such other times as determined by the Sponsor in its sole discretion (the "Voting Period"), visitors to the Website may vote for his or her favorite Finalist according to Judging Criteria, voting rules, and procedures established by Sponsor, which will be posted on the Website. The Finalist who receives the most votes during the Voting Period, as determined by Sponsor in its sole discretion, will be the potential grand prize winner ("Grand Prize Winner"), subject to verification of eligibility and compliance with these Official Rules. In the event of a tie, ties will be broken as described with regards to Finalists. The Voting Period, voting rules and procedures and voting methods are subject to change, at the Sponsor's sole discretion, and any changes will be posted on the Website. Voting is currently limited to one (1) vote per person per day during the Voting Period, but Sponsor reserves the right to change the limit on the number of votes, in its sole discretion. Notification regarding any such change will be announced on the Website. Grand Prize Winner will be required as a condition of continued eligibility to sign an Affidavit of Eligibility, Waiver of Liability, and, except where prohibited, Publicity Release (collectively, "Contest Documents"), and other documents provided by prize provider if necessary, within two (2) business days of such notification. Noncompliance within this time period will result in disqualification. If the potential Grand Prize Winner cannot be reached or if it is found ineligible, if it cannot or does not comply with the foregoing requirements and these Official Rules, if its prize or prize notification is returned as undeliverable, or if it does not satisfactorily execute all of the Contest Documents, potential Grand Prize Winner will be disqualified and Sponsor will award the Grand Prize (defined below) to the runner-up round 2 Finalist. The remaining Finalists will not win a prize.
PRIZE: There will be one (1) prize awarded ("Prize") to the Grand Prize Winner. Prize is one DVF- inspired, custom wrapped (1) FIAT 500X vehicle. Grand Prize Winner is solely responsible for any and all expenses related to acceptance and use of the Prize apart from its cost and any delivery/freight charges related to its delivery to a FIAT-selected FIAT dealership near winner's residence ("Dealer"), including but not limited to: fees for title, license and registration; insurance; taxes and gasoline. Prize color, trim level, and other Prize options and equipment are to be Sponsor-selected and are subject to availability. At the time Prize is delivered, Grand Prize Winner must have a valid driver's license and provide a valid social security number and evidence of vehicle insurance. Delivery of Prize must be taken from the Dealer on an agreed upon date. If Grand Prize Winner is unable to pick up the Prize at the Dealer, an additional delivery fee may apply which will be solely the Grand Prize Winner's responsibility.
Estimated Retail Value ("ERV") of Prize is Thirty-two Thousand five hundred dollars ($32,500.00). Actual Retail Value ("ARV") of Prize may vary. Any difference between ERV and ARV will not be awarded. Sponsor will furnish an Internal Revenue Service Form 1099 to Winner for the ARV of Prize for the tax year in which Prize was won (for prizes worth more than six hundred dollars ($600)).
All details of Prize will be determined by Sponsor in its sole discretion. Sponsor reserves the right to substitute a similar Prize (or Prize element) of comparable or greater value. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of Grand Prize Winner. Prize cannot be transferred by Grand Prize Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winner. If Prize is unclaimed within a reasonable time after notification from Sponsor, as determined by Sponsor in its sole discretion, it will be forfeited, and time permitting, an alternate Winner may be selected from the remaining eligible entries at Sponsor's sole discretion.
CONDITIONS: By entering the Contest, each entrant agrees for entrant and for entrant's heirs, executors, and administrators (a) to release and hold harmless Contest Entities, Twitter, and each of their respective officers, directors, and employees (collectively, "Released Parties") from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant's participation in the Contest and/or his/her acceptance, possession, use, or misuse of Prize or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Contest and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to Prize, including express warranties provided exclusively by Prize supplier that are sent along with Prize; (c) if selected as a Winner, to the posting of such entrant's name on the Website and the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Contest itself, and to be bound by all decisions of the Sponsor, which are binding and final. Failure to comply with these conditions may result in disqualification from the Contest at Sponsor's sole discretion.
ADDITIONAL TERMS: Sponsor reserves the right to permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Contest or the operation thereof is unlawful and subject to legal action by Sponsor, which may seek damages to the fullest extent permitted by law. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations), or other "force majeure" event will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to entrants' or to any other person's computer relating to or resulting from entering or downloading materials or software in connection with the Contest. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsor reserves the right to cancel, modify, or suspend the Contest or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Sponsor reserves the right to select Winners in a random drawing from among all eligible, non-suspect entries received prior to the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted at Website. Sponsor may prohibit any entrant or potential entrant from participating in the Contest, if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsor, or Sponsor's agents or representatives; or behaves in any other disruptive manner (as determined by Sponsor in its sole discretion). Sponsor reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Contest.
DISPUTES: The Contest is governed by, and will be construed in accordance with, the laws of the State of New York, and the forum and venue for any dispute shall be in New York, New York. If THE controversy or claim is not otherwise resolved through direct discussions or mediation, it shall THEN be resolved by FINAL AND binding arbitration administered by JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof ("JAMS Rules"). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in new york. All proceedings brought pursuant to this paragraph will be conducted in the County of new york. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY'S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
WINNER ANNOUNCEMENT: For the name of the Winner, available after November 1, 2015, send a self-addressed, stamped envelope to be received by "How I became The Woman I Wanted to be," Contest, 60 West 42nd Street, Suite 650, New York, NY 10165 before January 15, 2016.
SPONSOR: NBCUniversal Media, LLC, 30 Rockefeller Plaza, New York, NY 10112
This Contest is in no way sponsored, endorsed or administered by, or associated with Twitter. Entrants are providing information to Sponsor and not to Twitter.
[A1]The UGC will be on Twitter. If Fiat wants to use any UGC they should be reaching to the individual and get permission.