Official Rules for OakHeart Challenge Sponsorship
NO PURCHASE NECESSARY TO ENTER OR WIN.
1. Eligibility: The Challenge is open only to legal residents of the fifty (50) United States (excluding Utah) or the District of Columbia who (a) have qualified to participate in the Great Urban Race Championship, (b) are at least twenty-five (25) years old, and (c) received an invitation from Sponsor to participate in this Challenge. Employees of the Arrowhead Promotion & Fulfillment Co., Inc. (“Administrator”), Bacardi U.S.A., Inc. (“Sponsor”), or any other alcohol beverage company, their respective distributors, wholesalers, retailers (including bartenders/staff), or licensees, as well as the immediate family (spouse, parents, siblings, and children) and household members of those employees, are not eligible to enter.
2. How to Enter:
a. Submit Your Entry: Visit OakHeartChallenge.com/EntryForm and complete the entry form. As part of the form, you will be required to explain why your team deserves to win and to upload a photo of your team completing a challenge (your “Entry”). Entries must be received by 8:00 AM CT on November 11, 2013, and there is a limit of one (1) entry per team. If you attempt to get more entries, you may be disqualified. By entering, you indicate your full agreement to these Official Rules and Sponsor’s decisions regarding the Challenge, which are final and binding. Winning a prize is contingent upon fulfilling all requirements in these Official Rules.
b. Content Requirements: Your Entry must not: (a) violate any third party rights, including, but not limited to, copyrights, trademark rights, or rights of privacy and publicity; (b) contain defamatory statements or threats; (c) be obscene or indecent; (d) depict any risky behavior; or (e) prominently feature any third party trademarks or logos (other than Sponsor’s trademarks or logos). Sponsor reserves the right to edit or refuse to post any Entry for any reason.
c. Representations and Warranties: By entering, you represent and warrant that: (a) the Entry is an original work; (b) you own all rights to the Entry; (c) your Entry does not violate any third party’s rights; and (d) to the extent the Entry features any individual other than yourself, you have obtained written permission from each individual to grant the rights to Sponsor described in the “Sponsor’s Rights to Entries” section below, and can make written copies of such permissions available to Sponsor upon request.
3. Sponsor’s Rights to Entries: You do not transfer ownership of your Entry by entering the Challenge. However, by entering, you irrevocably grant Sponsor, its agents, licensees, and assigns the unconditional and perpetual (non-exclusive) right and permission to copyright, reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your Entry as-is or as-edited (with or without using your name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you or any other party.
4. Winner Selection Process:
a. Judging: Sponsor will evaluate all Entries according to the following Judging Criteria: (a) creativity and originality; (b) how well the Entry reflects the OakHeart brand; and (c) how well the Entry reflects team spirit. Sponsor will select up to ten (10) finalists based on the judges’ scores.
b. Voting: The finalists will be posted on OakHeartChallenge.com from November 18, 2013 to December 2, 2013, and website visitors will be invited to vote for their favorite finalists, based on the Judging Criteria. There is a limit of one (1) vote per person per day, and individuals may not use multiple accounts to vote.
c. Voting Fraud: You may not attempt to obtain votes by any fraudulent or inappropriate means, including, without limitation, by: (i) circumventing (or encouraging others to circumvent) the vote limits; (ii) using any automated system to vote; or (iii) offering any inducements to others in exchange for votes. Sponsor, in its sole discretion, reserves the right to reject any votes obtained through fraudulent or inappropriate means.
5. Winner Requirements:
a. Forms: Except where prohibited, each member of the winning team will be required to complete and return an affidavit of eligibility, a liability/publicity release, and Bacardi’s Endorsement agreement within one (1) day of notification. If anyone fails to sign and return these documents within the required time period, the finalist with the next highest score may be awarded the prize.
b. Trip Documentation: The winning team will be required to document their trip with images and videos. Sponsor will provide the winning team with further details at the time of notification. Any content produced while documenting the trip will be considered part of the Entry and subject to the provisions of Sections 2(b), 2(c), and (3) above.
6. Prize: One (1) winner will receive $3,000. The prize will be awarded as gift cards and divided among the team members. The prize will be awarded during the Great Urban Race in Puerto Rico and must be claimed in person. A winner is responsible for paying any applicable income taxes and any other costs and expenses not listed above. Any prize details not specified above will be determined by Sponsor, in its sole discretion. A prize may not be transferred and must be accepted as awarded.
7. General Conditions: In the event that the operation, security, or administration of the Challenge is impaired in any way, Sponsor may, in its sole discretion, either: (a) suspend the Challenge to address the impairment and then resume the Challenge; or (b) award the prizes according to the criteria set forth above from among the eligible entries received up to the time of the impairment (with or without reference to the public votes). Sponsor reserves the right, in its sole discretion, to disqualify and seek damages from any individual who tampers with the operation of the Challenge, violates these Official Rules, or acts in a disruptive or unsportsmanlike manner. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Proof of sending any communication to Sponsor by mail shall not be deemed proof of receipt of that communication by Sponsor. The Challenge is subject to federal, state, and local laws and regulations and is void in Utah and where prohibited.
8. Release and Limitations of Liability: By entering, you agree to release and hold harmless the Sponsor, Administrator, their respective parents, subsidiaries, affiliates, and each of their respective officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Challenge or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Challenge (including the voting process); (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Challenge or the processing of entries; or (g) injury or damage to persons or property. You further agree that in any cause of action, in no event shall the Released Parties be liable for attorney’s fees. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
10. Disputes: You agree that any and all disputes, claims, and causes of action arising out of, or connected with, the Challenge or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Florida. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of the Sponsor in connection with the Challenge, shall be governed by, and construed in accordance with, the laws of Florida, without giving effect to any choice of law or conflict of law rules (whether of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Florida.
11. Winners’ List: The winner will be posted on OakHeartChallenge.com.
12. Sponsor and Administrator: The Challenge is sponsored by Bacardi U.S.A., Inc., 2701 Le Jeune Road, Coral Gables, FL 33134, and is administered by Arrowhead Promotion & Fulfillment Co., Inc., 1105 S.E. Eight Street, Grand Rapids, MN 55744.
This Challenge is in no way sponsored by, endorsed by, administered by, or associated with, Twitter.