NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. CONTEST IS OPEN TO ALL PEOPLE OVER 13 YEARS OLD AS DEFINED BELOW WHO ARE RESIDENTS OF THE 50 UNITED STATES, THE DISTRICT OF COLUMBIA AND WORLDWIDE, EXCEPT FOR QUEBEC, CUBA, IRAN, IRAQ, SYRIA, NORTH KOREA, SUDAN, LIBYA, LIBERIA, ZIMBABWE, MYANMAR (BURMA)).
ENTRY IN THIS CONTEST CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES.
- BINDING AGREEMENT.
In order to enter the Contest, you must agree to these Official Rules (“Rules”). Therefore, please read these Rules prior to entry to ensure you understand and agree. You agree that submission of an entry in the Contest constitutes agreement to these Rules. You may not submit an entry to the Contest and are not eligible to receive the prizes described in these Rules unless you agree to these Rules. These Rules form a binding legal agreement between you and California Direct with respect to the Contest.
To be eligible to enter the Contest, you must be: (1) 13 years or older on the submission date (2) not a resident of Brazil, Quebec, Cuba, Iran, Iraq, Syria, North Korea, Sudan, Libya, Liberia, Zimbabwe, or Myanmar (Burma); (3) have access to the Internet as of 16 December 2013; (4) Download the Mobli app and register. Employees, interns, contractors, and official office-holders of Gasol Foundation, Mobli, California Direct and their parent companies, subsidiaries, affiliates, and their respective directors, officers, employees, advertising and promotion agencies, representatives, and agents (“Contest Entities”), and members of the Contest Entities’ and their immediate families (parents, siblings, children, spouses, and life partners of each, regardless of where they live) and members of the households (whether related or not) of such employees, officers and directors are ineligible to participate in this Contest. Sponsor reserves the right to verify eligibility and to adjudicate on any dispute at any time.
The Contest is sponsored by California Direct LLC. (“California Direct” or “Sponsor”), a California corporation with principal place of business at 6114 La Salle Aveneue, Suite 209, Oakland CA 94611.
The Contest begins at 06:00:00 A.M. Pacific Time (PT) Zone in the United States on 16 December 2013 and ends at 11:59:59 P.M. PT on February 28, 2014 (“Contest Period”). ENTRANTS ARE RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS.
- HOW TO ENTER.
NO PURCHASE NECESSARY TO ENTER OR WIN. To enter the Contest, visit the Contest www.gasolfoundation.com/pictureofhealth (“Contest Site”) during the Contest Period and follow the instructions for photos or videos for the Contest (“Photographs”). Sponsor will not accept entries submitted via any other means. The Photographs must meet the “Photograph Requirements,” described below.
LIMIT ONE (1) ENTRY PER PERSON PER DAY. Subsequent entries will be disqualified. Team entries and entries on behalf of entities are void. All entries must be received by 11:59:59 p.m. (PT) on February 28, 2014. Entries are void if they are in whole or part illegible, incomplete, damaged, counterfeit, obtained through fraud, or late. All entries will be deemed made by the authorized account holder of the account used to submit the Photographs at the time of entry, and the potential winner may be required to show proof of being the authorized account holder for that account. The “authorized account holder” is the natural person assigned to the account at the time of account creation.
- PHOTOGRAPH REQUIREMENTS.
Entrants must submit Photographs or videos. By submitting an entry in the Contest, regardless of country of entry, each entrant represents and warrants that his or her Photographs conform to these Official Rules and meet the following criteria:
- It must be an original work that does not contain, incorporate or otherwise use any content, material or element that is owned by a third party or entity.
- It must not have previously been submitted in any competition and/or won an award or prize of any kind.
- It must not be or include content which is derogatory, offensive, threatening, defamatory, disparaging, libelous or contain any content that is in appropriate, indecent, sexual, profane, indecent, tortuous, slanderous, discriminatory in any way, or that promotes hatred or harm against any group or person, or otherwise does not comply with the theme and spirit of the Contest.
- It must not contain content, material or any element that is unlawful, or otherwise in violation of or contrary to all applicable federal, state, provincial or local laws and regulations the laws or regulations in any state where the Photographs were created.
- It must not contain any content, material or element that displays any third party advertising, slogan, logo, trademark or otherwise indicates a sponsorship or endorsement by a third party, commercial entity or that is not within the spirit of the Contest, as determined by Sponsor, in its sole discretion.
- It must not reference any person, group, or organizations without their written permission.
- It cannot contain any content, element, or material that violates a third party’s intellectual property rights, including but not limited copyrights, trademarks, patents, trade secrets, logos, contract and licensing rights, rights of publicity or privacy, moral rights, or any other intellectual property rights.
- It must not be subject to any third party agreement(s) which may require Sponsor to pay any sum of money to any person or entity as a result of its use or exploitation of the Photographs or rights therein.
- Photographs must represent a picture of health (food, exercise, sport, activity, smile, etc)
During the Contest Period, the Sponsor, its agents and/or the Judges will be evaluating each entry to ensure that it does not violate the Photograph Requirements. While the Sponsor, its agents and/or the Judges will make every effort to review the submitted Photographs to ensure that they meet the Photograph Requirements; they may not be able to view all Photographs during the Contest Period.
There will be weekly and Grand Prize judging, by panel of curators selected by Sponsor.
During the First Round of judging, a panel of curators will evaluate and attribute a score to each entrant’s photographs or videos made up of scores based upon the below-listed criteria during the period beginning on December 16, 2013 6:00 AM PT and ending on February 28, 2014 at 11:59 PM PT.
- a. How original are the Photographs?
- b. How creative are the Photographs?
- c. How well do the Photographs fit the relevant category?
On or before February 28th, 2014, the Semi-Finalists will be evaluated by the a panel of expert Judges based on the following criteria, each of equal weight:
- a. How original are the Photographs?
- b. How creative are the Photographs?
- c. How well do the Photographs fit the relevant category?
Judges will evaluate and attribute a score to each entry made up of scores based upon the above-listed criteria. Note, each entrant’s photographs and videos will be judged together as one entry.
The ten (10) entries that receive the highest overall scores will be selected as the “Finalists.” Further, the Finalist that receives the highest overall score will be selected as the Grand Prize Winner. In the event a Finalist is disqualified for any reason, the Photographs that received the next highest total score will be chosen as the Finalist. In the event a Grand Prize Winner is disqualified for any reason, the Finalist’s Photographs that received the next highest total score will be chosen as the Grand Prize Winner. The Grand Prize Winner will be publically announced on the Mobli platform @GasolFoundation and the Gasol Foundation website as detailed in Section 8, and subsequently on the Contest Site.
On or about March 7, 2014, the Finalists will be selected and notified by telephone and/or email, at Sponsor’s discretion. If a Finalist does not respond to the notification attempt within 2 days from the first notification attempt, then such Finalists may be disqualified and an alternate Finalist will be selected from among all eligible entries received based on the judging criteria described herein. Except where prohibited by law, each Finalist may be required to sign and return a Declaration of Eligibility and Liability and Publicity Release and provide any additional information that may be required by Sponsor. If required, Finalists must return all such required documents within 7 days following attempted notification or such Finalist may be deemed to have forfeited the prize and another Finalist will be selected based on the judging criteria described herein. Further, Finalists warrant that they are able to attend the LA Laker – Memphis Grizzlies basketball game in LA on April 13th, 2014 and photo shoot week in the event they are selected as the Grand Prize Winner. If a Finalist is unable to so attend, such Finalist may be disqualified and an alternate Finalist may be selected from among all eligible entries received based on the judging criteria described herein.
In the event that no Photographs are received, no prize will be awarded. Determinations of Judges are final and binding.
The weekly prize winners will be awarded a variety of prizes from signed memorabilia to athletic equipment to electronics, Approximate Retail Value (ARV) is USD $600. The ten (10) individuals selected as Finalists will receive an autographed picture of Marc and Pau Gasol along with a Mobli Tshirt.
Failure to return any required forms by 15 March, 2014 may prevent the Finalist from participating in the trip.
The Grand Prize Winner will also receive a 2 night – 3 day trip for 2 to Los Angles, tickets to the LA Lakers – Memphis Grizzlies game, and a photo opportunity with Marc and Pau Gasol. The Grand Prize Winner in order to attend the game will also be entitled to (1) round-trip airfare (coach) for Grand Prize Winner to travel from the major airport closest to each individual’s residence to the airport closest to game; (2) double-occupancy hotel accommodation during the game; (3) return transfers from airport to accommodation and (4) reasonable meal costs up to $200 per day. Hotel, flights and meals at Sponsor’s discretion. Destination is subject to any applicable travel restrictions and/or health and safety issues. You are responsible for any other expenses including cost to obtain a passport and any other incidental travel cost not expressly stated above, including but not limited to, additional meals, additional ground transportation, passenger tariffs or duties, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of the winner. Grand Prize is not redeemable for cash. The Approximate Retail Value (“ARV”) of the Prize is US$10,000. The ARV may be adjusted depending on the state or jurisdiction of residence of the winner.
Once the travel schedule has been arranged, it cannot be altered and failure of a Grand Prize Winner and/or guest to follow such schedule shall not obligate Sponsor in any way to provide the Grand Prize Winner and/or guest with alternate arrangements. In the event that a Grand Prize Winner is unable, for whatever reason, to accept Grand Prize then California Direct reserves the right to award the prize to another Finalist. Failure to return any required forms by March 15, 2014 may prevent the Grand Prize Winner from participating in the trip.
The ARV may be adjusted depending on the state or jurisdiction of residence of the winner.
Terms Applicable to All Prizes. Odds of winning any prize depends on the number of eligible entries received during the Contest Period and the skill of the entrants. No transfer, substitution or cash equivalent for prizes is allowed, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize, in whole or in part, of equal or greater monetary value if a prize cannot be awarded, in whole or in part, as described for any reason, including export laws. Value is subject to market conditions, which can fluctuate and any difference between actual market value and ARV will not be awarded. The prize may be subject to restrictions and/or licenses. Contest Entities have not made and Contest Entities are not responsible in any manner for any warranties, representations, or guarantees, express or implied, in fact or law, relating to the prize, regarding the use, value or enjoyment of the prize, including, without limitation, its quality, mechanical condition, merchantability, or fitness for a particular purpose, with the exception of any standard manufacturer’s warranty that may apply to the prize or any components thereto.
If the grand prize winner is a minor they must be accompanied by a legal guardian.
PAYMENTS TO POTENTIAL WINNERS ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO CALIFORNIA DIRECT ALL DOCUMENTATION REQUESTED BY CALIFORNIA DIRECT TO PERMIT IT TO COMPLY WITH ALL APPLICABLE FEDERAL, STATE, PROVINCIAL, LOCAL AND FOREIGN TAX REPORTING AND WITHHOLDING REQUIREMENTS. ALL PRIZES WILL BE NET OF ANY TAXES CALIFORNIA DIRECT IS REQUIRED BY LAW TO WITHHOLD. ALL TAXES IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNERS. In order to receive a prize, potential winners must submit the tax documentation requested by California Direct or otherwise required by applicable law, to California Direct or the relevant tax authority, all as determined by applicable law, including, where relevant, the law of the potential winner’s country of residence. The potential winners and finalists are responsible for ensuring that they comply with all the applicable tax laws and filing requirements. If a potential winner or finalist fails to provide such documentation or comply with such laws, the prize may be forfeited and California Direct may, in its sole discretion, select an alternative potential winner.
- GENERAL CONDITIONS.
All federal, state, provincial and local laws and regulations apply. California Direct reserves the right to disqualify any entrant from the Contest if, in California Direct’s sole discretion, it reasonably believes that the entrant has attempted to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other entrants, viewers, California Direct, or the Judges.
- INTELLECTUAL PROPERTY RIGHTS.
As between you and Sponsor, each entrant shall retain ownership of all intellectual property rights in the entry (including moral rights) subject to these Official Rules. However, by entering the Competition, and to the extent allowed by law, entrant grants, but solely in relation to the promotion and/or advertising of the California Direct Photography Prize or California Direct service only, to Mobli Inc., Gasol Foundation, California Direct and California Direct’s affiliates, licensees, promotional partners, developers and third party marketing entities (“Permitted Users”) a non-exclusive, perpetual, worldwide, royalty-free license to modify, rearrange, copy, reproduce and adapt the images only to fit the format required for product web pages and marketing materials, and to publish and use the Photographs themselves and the content of and elements embodied in the Photographs, including any names, locations and likenesses, for the duration of the rights, in any and all media, including but not limited to digital and electronic media, computer, and audiovisual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner without further review, notice, approval, consideration, or compensation. California Direct will not commercially exploit the Photographs and all such rights of commercial exploitation remain with entrants.
Participants agree that personal data entered during the registration, including name, mailing address, phone number, and email address may be processed, stored, shared and otherwise used for the purposes and within the context of the Contest. This data will also be transferred into the United States. By entering, entrants agree to the transmission, processing, sharing and storage of this personal data in the United States.
- 12. PUBLICITY.
By accepting a prize, entrant agrees to Sponsor and its agencies use of his or her name and/or likeness and Photographs for advertising and promotional purposes without additional compensation, unless prohibited by law.
- WARRANTY AND INDEMNITY.
Participants warrant that their Photographs are their own original work and, as such, they are the sole and exclusive owner and rights holder of the submitted Photographs and that they have the right to submit the Photographs in the Contest and grant all required licenses. Each entrant agrees not to submit any entry that (1) infringes any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, patent, trade secret, privacy, publicity or confidentiality obligations; or (2) otherwise violates the applicable state, federal, provincial or local law. Participants also warrant that they have not submitted their entry on behalf of a team or any other entity.
To the maximum extent permitted by law, each entrant indemnifies and agrees to keep indemnified Contest Entities at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the entrant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, each entrant agrees to defend, indemnify and hold harmless the Contest Entities from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising out of or accruing from (a) any Photographs or other material uploaded or otherwise provided by the entrant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by the entrant in connection with the Contest; (c) any non-compliance by the entrant with these Rules; (d) claims brought by persons or entities other than the parties to these Rules arising from or related to the entrant’s involvement with the Contest; (e) acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in this Contest; (f) any malfunction or other problem with the Contest Site; (g) any error in the collection, processing, or retention of entry information; or (h) any typographical or other error in the printing, offering or announcement of any prize or winners.
Any false information provided within the context of the Contest by any entrant concerning identity, mailing address, telephone number, email address, ownership of right or non-compliance with these Rules or the like may result in the immediate elimination of the entrant from the Contest.
Contest Entities are not responsible for any malfunction of the entire Contest Site or any late, lost, damaged, misdirected, incomplete, illegible, undeliverable, or destroyed Photographs due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet or at the Contest Site, or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit an entrant’s ability to participate.
- RIGHT TO CANCEL, MODIFY OR DISQUALIFY.
If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, California Direct reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest. California Direct further reserves the right to disqualify any entrant who tampers with the submission process or any other part of the Contest or Contest Site. Any attempt by an entrant to deliberately damage any web site, including the Contest Site, or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, California Direct reserves the right to seek damages from any such entrant to the fullest extent of the applicable law.
- NOT AN OFFER OR CONTRACT OF EMPLOYMENT.
Under no circumstances shall the submission of an entry into the Contest, the awarding of a prize, or anything in these Rules be construed as an offer or contract of employment with either California Direct, or the Contest Entities. You acknowledge that you have submitted your Photographs voluntarily and not in confidence or in trust. You acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between you and California Direct or the Contest Entities and that no such relationship is established by your submission of Photographs under these Rules.
- FORUM AND RECOURSE TO JUDICIAL PROCEDURES.
These Rules shall be governed by, subject to, and construed in accordance with the laws of the State of California, United States of America, excluding all conflict of law rules. If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Contest are hereby excluded, and all Participants expressly waive any and all such rights.
By entering the Contest, you agree that exclusive jurisdiction for any dispute, claim, or demand related in any way to the Contest will be decided by binding arbitration. All disputes between you and Sponsor of whatsoever kind or nature arising out of these Rules, shall be submitted to Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect in the San Jose, California, USA area, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred.
- WINNER’S LIST.
You can see a list of winners after March 15th, 2014 by visiting www.gasolfoundation.com/pictureofhealth or @gasolfoundation on the Mobli platform.