Boat Trader® Why I Boat Photo Contest

OFFICIAL RULES AND REGULATIONS

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT IMPROVE ODDS OF WINNING. VOID WHERE PROHIBITED.

SPONSOR: Boat Trader®, a division of Dominion Marine Media

CONTEST DATES. The Boat Trader® Why I Boat Contest (the “Promotion”) begins at 9:00 a.m. Eastern Time (“ET”) on Monday, June 1, 2015 and ends at 11:59 p.m. Eastern Time (“ET”) on Tuesday, June 30, 2015 (the “Promotion Period”).  Entries received after Tuesday, June 30, 2015 will be disqualified.  One winner will be selected by highest number of votes on or around Tuesday, July 7, 2015.

ELIGIBILITY REQUIREMENTS. The Promotion is open to legal residents of the fifty (50) United States

and the District of Columbia who are age eighteen (18) years old or older (or the age of majority in their state or residence) as of the date the contest begins. This offer is void wherever prohibited or restricted and subject to all applicable federal, state, and local laws. Employees and their immediate family (parent, child, sibling and spouse of each) and individuals residing in the same household (whether or not related) of Dominion Marine Media, Dominion Enterprises, Landmark Media Enterprises, LLC and any of their affiliates, subsidiaries, advertising and promotion agencies, and all other entities or individuals associated with the development, administration, or fulfillment of the Promotion are not eligible to participate or win.  All applicable federal, state and local laws and regulations apply. This Promotion consists of a contest of skill (the “Contest”).

This Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook®, Instagram®, or Twitter®.

AGREEMENT TO OFFICIAL RULES. By participating in the Promotion, the participant (“Entrant”) fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor and/or Administrators, which are final and binding in all matters related to the Promotion. The award of a prize is contingent upon Entrant’s complying with all conditions and fulfilling all requirements set forth herein.

HOW TO ENTER:THE CONTEST OF SKILL.  A degree of skill is required to win.

To enter, Entrants must have a Facebook, Instagram, or Twitter account and be logged into the account to enter the Contest.  Entrants may set up a free Facebook, Instagram, or Twitter account at www.facebook.com, www.instagram.com, or www.twitter.com, respectively.

During the Contest Period, Entrants may visit the contest website, http://woobox.com/42atjy, fill in the required form fields (first name, last name, city, state, email address), upload an original photo (the “Entry” or “Entries”), and enter a brief caption/description (no more than 400 characters) creatively showing why you love to boat. Entrants may also enter the contest by sharing a photo and caption on a public Twitter or Instagram account using the hashtag #WhyIBoat.

The Entry must comply with the following requirements to be eligible:

1. The Entry must be the original work of the Entrant.
2. The Entry must be submitted as an attachment in one of the following formats: JPEGs (JPG), Non-Animated GIFs or PNGs.
3. The Entry file size must be no larger than 10MB (Ten Megabytes).
4. The Entry may not have won previous awards.
5. The Entry may not have been published previously.
6. The Entry must not infringe upon the rights of any third-party, including, without limitation, copyright, trademark, and rights of publicity and/or privacy.
7. The Entry must be suitable for publication and may not be violent, immoral, offensive, illegal, pornographic, obscene, indecent or similarly inappropriate as deemed solely by Sponsor.
8. The Entry may not contain any content that is or may be perceived to be defamatory or that represents the Entities in a negative way or in any manner not consistent with Entities’ brand and/or reputation as deemed solely by Sponsor.
9. The Entry may not contain any mention, discussion, logo, trademark, service mark, storefront, trade dress, mascot, photograph, or other image of any business or company, other than the Sponsor. The Entry may not mention or show property names or physically identify a property by filming their front sign or some other unique feature or distinguishable architecture.
10. The Entry may not copy, incorporate, or include music or video unless the Entrant is the lawful copyright owner thereof.
11. The Entry may not include the likenesses of any identifiable persons other than the Entrant, unless written permission is obtained by the Entrant.
12. The Entry cannot be dangerous or unsafe to make or produce, or include activities that are dangerous, unsafe, or present unreasonable risk of harm to person or property, or suggest or imply to any person to undertake any dangerous, unsafe or unduly risky activity as deemed solely by Sponsors.
13. The Entry may not in any other way violate applicable laws and regulations.  Any photo in violation of any of the above requirements and restrictions will be deemed void.  By submitting an Entry in the Contest, each Entrant represents and warrants that these requirements have been met. Failure to satisfy these requirements, as determined in Sponsor’s sole and absolute discretion, may result in ineligibility with respect to all Entries submitted by or on behalf of that Entrant.

ENTRANT IS RESPONSIBLE FOR OBTAINING PERMISSION TO USE  THE PICTURE, IMAGE, VOICE, LIKENESS AND/OR NAME OF ANY THIRD PARTIES SHOWN IN THE ENTRY.  Sponsor may require that any such third parties sign a waiver and release prior to the posting of the Entry on the Website or the granting of any prize.

Each registered user may submit an unlimited number of Entries. Entrants may not enter the Contest with multiple email addresses or under multiple identities.  Incomplete and/or duplicate Entries are not permitted and will be deemed void. The use of any device to automate the entry process is absolutely prohibited, and any such Entries shall be void. Use of any device or artifice to circumvent the Official Rules will result in ineligibility with respect to all entries submitted by or on behalf of that Entrant.

USE OF TRADEMARKS AND SLOGANS. For the sole purpose of participation and entry in this Promotion, Sponsor hereby grants each Entrant a non-exclusive, royalty-free license to use the trademarks and copyrights owned by Sponsor in the creation of the Entry, subject to the entry restrictions and guidelines contained in these Official Rules.  This license extends only to Entries submitted to Sponsor in accordance with these Official Rules.  This license does not extend to Entries created in connection with the Promotion, but not submitted to Sponsor in accordance with these Official Rules.  Use of trademarks, copyrights, and other intellectual property owned by Sponsors in any form of media not submitted to Sponsor in connection with this Promotion and in accordance with these Official Rules constitutes an unauthorized use and infringement of the intellectual property rights of Sponsor. Sponsor hereby reserves all rights and remedies available to Sponsor at law or in equity to enforce these Official Rules, including, but not limited to, the enforcement of any trademark, copyright, and other intellectual property rights owned by Sponsors.

SELECTION OF FINALISTS AND WINNER(S). During the Promotion Period, Sponsor will post the  Entries in compliance with the Official Rules at http://woobox.com/42atjy.  All Entries will be reviewed for content before being posted on the Website. Entries submitted may or may not be posted on the Website, in the sole and absolute discretion of Sponsor. Sponsor shall have absolutely no obligation to give feedback or reasoning for why any Entry is not posted on the Website. Sponsor shall have the sole right to reject or remove an Entry from the Website at any time.

During the Promotion Period, the public may vote on the Entries posted on the Website at http://woobox.com/42atjy by visiting the Website and following the voting instructions. Limit: Each user may vote one (1) time per day each day during the Voting Phase. Multiple votes for a single Entry submitted by the same Facebook user on the same day will result in none of the additional votes being counted.

JUDGING. One Grand Prize winner will be selected on or about Tuesday, July 7, 2015, based on receiving the greatest number of user generated Internet votes.  In the unlikely event of a tie, the Entry received earliest by the Sponsor will be deemed the winner.

PRIZES. ONE (1) GRAND PRIZE: One winner will receive a YETI Tundra 50 Cooler. Approximate Retail Value (“ARV”): $379.99.

Any portion of a prize not accepted by any winner(s) will be forfeited.  All federal and state taxes on prizes are the sole responsibility of the winner(s). The winner(s) acknowledge(s) that the prize is taxable and agrees to provide information for, and verify by signature, the appropriate IRS and other forms as determined by Sponsor. No transfer, assignment, cash redemption, or substitution of a prize is permitted except that Sponsor reserves the right, in its sole and absolute discretion, to substitute a prize (or portion of a prize) with a prize of comparable or greater value or cash value. In the event that a prize cannot be awarded for any reason or a winner is not capable of redeeming a prize for any reason, Sponsor shall not be obligated to award any prize.  If, for any reason, more than the stated number of prizes are available and/or claimed, Sponsor reserves the right to award the prizes in such category by random drawing from among eligible prize claimants in such prize category or in a manner to be determined by Sponsor in its sole and absolute discretion.  All decisions of Sponsor relating to this Contest will be final.

HOW TO CLAIM PRIZE. Sponsor will reasonably attempt to notify Prize Winner(s) via contact information provided upon entry. Winner(s) will be required to complete, sign, and return an Affidavit of Eligibility, relevant and mandated Internal Revenue Service forms, and, where lawful, a Liability/Publicity Release within ten (10) business days of receipt of notice of such winning status in order to accept and receive the prize. If the indicated forms are not signed and returned by the time indicated on the documents, or if a Prize Winner does not meet the eligibility criteria, declines the prize, cannot be contacted within the time frames set forth herein, or is otherwise unwilling or unable to comply with these Official Rules, an alternate Prize Winner may be selected at and in a manner to be determined in Sponsor’s sole and absolute discretion.

RIGHTS IN THE ENTRY. Each Entrant, as a condition of participation in the Promotion, hereby grants Sponsor the exclusive, perpetual, worldwide right to edit, adapt, modify, reproduce, publish, distribute, and otherwise use (unless prohibited by applicable law) the Entry (including all material embodied therein) in any way or in any media now or hereafter known for trade, advertising, promotional, or other purposes as Sponsor determines, in its sole and absolute discretion, without further notice or compensation to the Entrant or any other third parties.  Nothing herein shall be construed to require Sponsor to publish, distribute or in any way use the Entry (or any of the material embodied therein) should Sponsor in its sole discretion decline to do so.

PRIVACY AND PUBLICITY. Sponsor will collect personal data from Entrants, and this information may be used for the purposes of administering the Promotion, publicizing the Promotion, and other promotional purposes that benefit the Sponsor.  You are providing your information to Sponsor and not to YETI Coolers, Facebook, Instagram, or Twitter..  Unless prohibited by law, participation in the Promotion constitutes each Entrant’s consent for Sponsor to use the Entrant’s name (or username), age, hometown, and state of residence for Promotion or promotional purposes in any media now known or later developed, without payment or consideration to the Entrant.  Information collected from Entrants (and voters if applicable) is subject to Sponsor’s Privacy Policy available at http://www.dominionenterprises.com/privacy. If you do not wish to receive future offers, notices or other mailings from Sponsor, please complete the form at http://www.dominionenterprises.com/privacy/de-email-opt-out-form/.  Be sure to provide your name, email and specific information about the website or subscription(s) that you no longer wish to receive.  Please allow a few days for your request to be processed. If you “opt out” of receiving further promotional materials or notices, the only communications you will receive from Sponsor will be about transactions that you initiate.  By opting-out, residual information may nonetheless remain in Sponsor’s database and other records, which may not be permanently deleted.

GENERAL RELEASE AND WAIVER OF CLAIMS. By entering the Promotion and/or accepting a prize, each Entrant (for himself/herself and his/her heirs) hereby releases and indemnifies Sponsor, YETI Coolers, Facebook, Instagram, Twitter., the Entities, and all of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, and all of their respective directors, officers, governors, employees, shareholders, and agents (collectively, the “Releasees”) from any and all liability, loss, harm, damage, cost, expense, or claims including, but not limited to, third party claims based on: (i) publicity and/or privacy rights, defamation, and intellectual property associated with the Entrant or winner’s participation in the Promotion, redemption of any prize in connection with the Promotion, and/or use or misuse of any prize in connection with the Promotion, including, but not limited to, all reasonable counsel fees and court costs incurred, property damage, personal injury, and/or death; (ii) anything related to the production, promotion, or execution of the Contest (or participation therein), including preemption, cancellation, or rescheduling; and (iii) anything that may occur in connection with acceptance and/or use of the prizes or while participating in the Promotion, even if caused or contributed to by the negligence of Releasees.

LIMITATIONS OF LIABILITY. Neither Sponsor nor any other Releasee shall be responsible for non-conforming, lost, late, stolen, misdirected, illegible, or incomplete entries. Neither Sponsor nor any other Releasee shall be responsible for any incorrect or inaccurate information, whether caused by Sponsor, Releasees, Entrants, tampering, or by any of the equipment or programming associated with or utilized in the Promotion, and neither Sponsor nor any Releasee shall assume responsibility for any error, omission, defect, theft, destruction, or unauthorized access to the materials related to the Contest, or for any damage to the Entrant’s computer related to or resulting from participating in the Promotion. Sponsor reserves the right, in its sole and absolute discretion, to disqualify any individual found to be tampering with the entry process, the voting process, or the operation of the Promotion; to be acting in violation of these Official Rules; or to be acting in a non-sportsmanlike or disruptive manner; or with intent or apparent intent to annoy, abuse, threaten, embarrass, harm, or harass, in any way, any other person. If for any reason the Promotion is not capable of running as planned by reason of, but not limited to, business or market circumstances, force majeure, public health concerns, tampering, unauthorized intervention, actions by entrants, fraud, or any other causes which, Sponsor in its sole and absolute discretion, deems could corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Promotion, Sponsor reserves the right, in its sole and absolute discretion, to cancel, terminate, modify, or suspend the Promotion or any portion thereof by posting a notice on the websites. If the Promotion or any portion of the Promotion is terminated before the end of the Promotion Period or the Voting Period, Sponsor will select winner from all eligible entries received as of the termination date of the Promotion.

Entrant agrees that Sponsor and its agencies, YETI Coolers, Facebook, Instagram, Twitter, and each party’s respective affiliates, officers, directors, agents, and employees (collectively, the “Indemnitees”) will have no liability or responsibility for any claim arising in connection with participation in the Contest or the awarding of prizes. Winners hereby release and hold harmless Indemnitees from any and all claims, damages, expenses, costs (including reasonable attorneys’ fees) and liabilities (including settlements), brought or asserted against any of the Indemnitees due to or arising out acceptance or use of any prize, or use of Entrant’s name, likeness or photograph. Without limiting the foregoing, all prizes are 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 exclusion of liability for incidental or consequential damages or exclusion of implied warranties, so some of the above limitations or exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding these limitations or exclusions. Any attempt by an entrant or any other individual to deliberately undermine the legitimate operation of the promotion is in violation of criminal and civil laws, and should any such attempt be made, sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.

MISCELLANEOUS. This Promotion will be administered in the Commonwealth of Virginia, and by participating, all Entrants hereby agree that the laws of the Commonwealth of Virginia will exclusively apply to the Promotion and that any dispute with respect to this Promotion will be resolved in either the federal or state courts located in the Commonwealth of Virginia.

DISCLOSURE OF WINNER(S). To receive a list of winners, email: social@boattrader.com and/or send a self-addressed, stamped envelope marked “Boat Trader Why I Boat Photo Contest” on the back of the envelope to Dominion Marine Media (Sarah McIntosh), 150 Granby Street, 11th Floor, Norfolk, VA 23510.

SPONSOR: Boat Trader®, a division of Dominion Marine Media, 150 Granby Street, Norfolk, VA 23510.

ADMINISTRATOR: Boat Trader®   

©  May 2015 Dominion Enterprises, All Rights Reserved

 



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