NO PURCHASE NECESSARY
Sponsor: Retrospec, 2300 E 48th Street, Vernon, CA 90058
Region: Continental United States of America.
Time Zone: Pacific Time (PT).
Contest Webpage: retrospec.com/pages/contest
Language (for Finalist Bio): English.
Contest is open only to legal residents of the Continental United States of America, 18 years of age or older. See Rule 14 below for additional eligibility requirements. Void where prohibited by law.
By participating in the Contest, you agree to these Official Rules and Sponsor’s decisions, which are final and binding in all respects and not subject to appeal.
- CONTEST PERIOD: Contest begins on February 10, 2020 and ends on March 1, 2020. The dates and times of the various stages comprising the Contest are set forth in the following chart. Sponsor’s computer is the official clock for the Contest. With regard to the public voting phases of the Judging, Sponsor reserves the right in its sole discretion to modify the start and end dates/times of the public vote by posting a notice to such effect on the Contest Webpage. Sponsor further reserves the right to modify the timing of public announcement of Finalists and Grand Prize winners for any reason by posting notice to such effect on the Contest Website and/or on Social Media.
|Stage of Contest||Start Date||End Date|
|Submission Period||February 10, 2020 @ 12:00am PST||March 1, 2020 @ 11:59pm PST|
|Top 5 Finalists Announced||March 2, 2020||March 2, 2020|
|Public Voting||March 2, 2020||March 5, 2020 @ 11:59pm PST|
|Public Announcement/Contact of Winners||March 6, 2020||March 6, 2020|
2. CONTEST THEME: Design your own Zed Longboard with your unique design.
3. HOW TO ENTER: Go to retrospec.com/pages/contest and follow these steps:
- Complete entry form with all required information including your name and email address.
- Check the box indicating you are over the age of 18 and that you have read, understand, and fully agree to these Official Rules. YOUR ENTRY WILL NOT BE ACCEPTED IF YOU DO NOT INDICATE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THE OFFICIAL RULES.
- Create an ORIGINAL design for a Zed Longboard on a paper flat longboard template, scan and/or upload the design as a .pdf or .ai file and then submit it to the Contest Webpage.
All entries must be received by March 1, 2020 at 11:59pm PST
BY ENTERING THE CONTEST, YOU UNDERSTAND AND AGREE THAT YOUR PERSONAL INFORMATION WILL ONLY BE USED FOR PURPOSES OF CONTEST ADMINISTRATION. YOU WILL RECEIVE APPROXIMATELY EIGHT (8) TRANSACTIONAL E-MAIL MESSAGES FROM SPONSOR REGARDING YOUR PARTICIPATION IN THE CONTEST. IF YOU DO NOT WISH TO RECEIVE SUCH E-MAIL MESSAGES, THE SOLE RECOURSE IS FOR YOU NOT TO PARTICIPATE IN THE CONTEST.
YOU WILL NOT RECEIVE ANY PROMOTIONAL/MARKETING E-MAILS FROM SPONSOR NOR WILL YOUR PERSONAL INFORMATION BE USED FOR PROMOTIONAL/MARKETING PURPOSES UNLESS YOU EXPRESSLY AGREE TO SUCH USE BEFOREHAND.
4. ENTRY RESTRICTIONS:
a. You may submit as many entries as you like. If submitting more than one (1) entry/design, each entry/design submitted must be unique: DO NOT SUBMIT THE SAME EXACT DESIGN MORE THAN ONCE. Violation of entry limit will result in only the initial entry/design being accepted. However, if Sponsor determines in its sole discretion that a person has engaged in egregious, repeated or blatant violations of the entry limit, such person will be disqualified from the Contest altogether and all of his/her entries/designs declared void.
b. Proof of submission does not constitute proof of receipt or proof of entry.
c. Assistance from other persons or joint/group/team submissions is prohibited.
d. Technical specifications for designs are set forth on the Contest Website, made a part of these Official Rules and are incorporated herein by reference. In the event of any inconsistency between such technical specifications and these Official Rules, the technical specifications will prevail, govern and control with regard to the acceptable parameters for the design; in all other respects, these Official Rules will prevail, govern and control.
e. Make sure you are satisfied with your design prior to submitting your entry, as changes to the design will only be allowed by Sponsor in its sole discretion as set forth below.
f. Design must be submitted at time of entry; partial/piecemeal submissions will NOT be accepted. Artist statements are encouraged, but not necessary.
g. Receipt of entries will be acknowledged (including by being posted on the Contest Website if preliminarily determined to be eligible as per Rule 7 below) but such acknowledgement is NOT otherwise binding upon Sponsor.
h. Entries generated by script, macro, robotic, programmed or like means are prohibited and will be disqualified.
i. In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the Authorized Account Holder of the e-mail account provided on entry form, as of date of entry. Authorized Account Holder means the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the provided e-mail address.
j. If using a mobile device to participate in the Contest, you will be solely responsible for wireless Internet access and other charges. Be sure to review your wireless carrier’s usage agreement BEFORE participating in the Contest via mobile device. Wireless Internet access may not be available in all areas and on all mobile devices.
i. Content that may infringe the trademark or copyright or other intellectual property rights of someone else (e.g., brand names or logos, product names, events, professional sports teams, even color combinations, or photographs or artwork belonging to someone else). This includes but is not limited to a name or nickname or symbol or image associated with another person (living or deceased).
ii. Content that may be or may contain images that are insulting, abusive, inciting violence, threatening, intimidating, obscene, inflammatory, sexually explicit, profane, offensive, harassing, derogatory, degrading, defamatory, harmful, discriminatory or unlawful or invasive of another’s privacy;
iii. Personal information (e.g., phone number, e-mail address of entrant or any other person);
iv. Is not related to the Contest Theme set forth in Rule 2 above;
v. Has been previously published; or
vi. Disparages or damages the goodwill and/or business reputation of Sponsor or its current or former brand(s).
✝Sponsor in its sole discretion may condition preliminary determination of eligibility, selection as a Finalists and/or the award of prize upon a person providing adequate proof of such consents, upon Sponsor’s request and without compensation.
6. GRANT OF RIGHTS IN DESIGN: In exchange for the opportunity to participate in the Contest, as good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged:
a. Entrant grants to Sponsor and its designees the non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicensable right and license to use, perform, exhibit, reproduce and/or otherwise exploit his/her design (and, if entrant is selected as a Finalist as set forth below, his/her Retrospec Zed Longboard submission) in any manner and in any and all distribution channels, venues or media now known or hereafter devised, without further notice or any compensation to such individual.
b. Entrant, as applicable, further
i. waives any “Moral Rights of Authors” or similar natural rights of ownership he/she may have in the design; and
ii. agrees, upon Sponsor's request and without compensation of any kind, to execute any additional documents so as to effect, record or perfect the grant of rights contemplated by this Rule.
c. Entrant further understands and agrees that
i. Sponsor has wide access to ideas, stories, designs and other literary/artistic materials submitted to it from outside sources or being developed by its own employees and that such ideas/stories/designs/literary/artistic materials may be competitive with, similar to (or even identical to) entrant’s design and that Sponsor shall have no liability to such individual or any third party in conjunction therewith; and
ii. Sponsor and its agencies do not have any duty of confidentiality or other fiduciary duty to entrant relative to entrant’s design.
7. POSTING OF DESIGNS:
a. If Sponsor, based on its preliminary and non-binding determination, concludes that an entry/design is eligible, the Sponsor’s designated internal design team will select FIVE (5) finalists to be posted on the Contest Webpage and (including but not limited to) Social Media. Such posting does not, however, constitute any representation of selection of entrant as an official Grand Prize winner in the Contest. SPONSOR MAY LATER REVERSE OR RESCIND A PRELIMINARY DETERMINATION THAT AN ENTRY/DESIGN IS ELIGIBLE WITHOUT EXPLANATION, NOTIFICATION OR LIABILITY OF ANY KIND.
b. Persons should allow the entire duration of the submission period for Sponsor to conduct its preliminary review of entries/designs.
c. THE POSTING OF AN ENTRY/DESIGN REPRESENTS SOLELY THE VIEWS/OPINIONS OF THE APPLICABLE ENTRANT AND DOES NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. SPONSOR IS MERELY REQUESTING PERSONS TO PROVIDE A DESIGN AND DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH SAME. SPONSOR WILL NOT EDIT OR MODIFY DESIGNS SUBMITTED AS ENTRIES IN CONJUNCTION WITH OFFERING THE CONTEST.
8. WINNER DETERMINATION
a. Top Five (5) Finalist Selection: Top Five (5) Finalist Selection will be comprised of evaluation of designs by an expert panel comprised of Sponsor’s employees pursuant to the following criteria: (a) originality; (b) creativity; (c) alignment with the spirit of the Retrospec brand; (d) logistical application of design.
i. Top Five (5) Finalists will be notified by e-mail and must complete, sign and return an Affidavit of Eligibility, Liability Release and a Publicity Release (where legal) within two (2) days of date of notification (or such shorter amount of time as indicated thereon.) In the event of noncompliance with this requirement, if potential Finalist cannot be contacted by Sponsor for any reason (including e-mail being classified as “SPAM” or “junk”) or if he/she is determined by Sponsor to be ineligible or otherwise in violation of these Official Rules, the Finalist prize and opportunity to possibly win the Grand Prize will be forfeited without compensation and an alternate potential Finalist may be selected as set forth above (time permitting).
ii. If Affidavit/Release is timely returned and validated by Sponsor, Finalist’s design will advance to the Public Voting round.
b. Public Voting Round
i. Top Five (5) Finalist’s Designs will be posted publicly on Sponsor’s website and including but not limited to Social Media, Contest Webpage, and otherwise. From this process, three (3) Grand Prize winners will be selected.
ii. Public Voting Round will being on March 2, 2020 and end on March 5, 2020 @ 11:59 PST.
iii. Public Voting will consist of Instagram Polls and manual voting process found on Sponsor’s Contest Webpage.
iv. The two (2) Top Five (5) Finalists not unanimously selected to be the three (3) Grand Prize winners will receive a free Retrospec longboard of their choice. Refer to Rule 6 for GRANT OF RIGHTS IN DESIGN.
v. The Three (3) Grand Prize winners will be notified by e-mail and must complete, sign and return a second Affidavit of Eligibility, Liability Release and a Publicity Release (where legal) within two (2) days of date of notification (or such shorter amount of time as indicated thereon). If the event of noncompliance with this requirement, if potential Grand Prize winner cannot be contacted by Sponsor for any reason (including e-mail being classified as “SPAM” or “junk”) or if he/she is determined by Sponsor to be ineligible or otherwise in violation of these Official Rules, the Grand Prize will be forfeited without compensation and an alternate potential Grand Prize winner selected as set forth above. (In case of Grand Prize forfeiture, Finalist [i.e., disqualified, former Grand Prize winner] will receive a Finalist Prize in lieu of Grand Prize absent extraordinary/extenuating circumstances, as determined by Sponsor in its sole discretion.)
9. ADDITIONAL CONDITIONS OF PUBLIC VOTING:
i. An individual must be a legal resident of Region, 18 years of age or older and register on the Contest Website prior to voting. A registered individual may vote for one (1) or more designs/ Retrospec Zed Longboard submissions once per day (12:00:01 a.m. – 11:59:59 p.m.) An entrant/Finalist may vote for his/her own design/ Retrospec Zed Longboard submission.
ii. An individual will not receive compensation of any kind in conjunction with voting.
iii. By voting, you agree to cooperate fully with Sponsor upon request and without compensation in any investigation that Sponsor may undertake so as to confirm the legitimacy of any public vote.
iv. The use of automated, robotic, or programmed voting mechanisms or any other device or artifice so as to manipulate or undermine the legitimacy of any public vote is prohibited and constitutes a form of tampering as discussed below In Rule 14. The preceding expressly includes but is not limited to accepting compensation or a benefit of any kind as a quid pro quo for voting for a given design/ Retrospec Longboard submission, not voting for a given design/ Retrospec Zed Longboard submission or disparaging a given design/ Retrospec Zed Longboard submission.
v. Should an entrant/Finalist wish to promote his/her design (or Retrospec Zed Longboard submission, as the case may be) in an effort to attract votes for same, any such material must comply with the content restrictions set forth in Rule 5 above as applicable so as to disclose that the entrant/Finalist is participating in a contest sponsored by Vans in the interest of winning prizing.
vi. Any violation of the restrictions as to the public voting may result in the discounting of votes determined by Sponsor in its sole discretion to be tainted and, if the violation is determined to be particularly egregious, repeated or blatant, disqualification (with prize forfeiture, if applicable) of the entrant/Finalist whose design/Retrospec Zed Longboard submission benefitted therefrom.
vii. Sponsor will display designs/ Retrospec Zed Longboard submissions in any pattern, format or sequence which may or may not be rotated or varied one or more times during the applicable voting period in Sponsor’s sole discretion. Designs/Retrospec Zed Longboard submissions will be attributed to entrants/Finalists in a uniform manner to be determined by the Sponsor in its sole discretion.
viii. By participating, you understand and agree that the design as posted on the Contest Webpage when participating in the Sponsor judging phase of the Contest may differ from the content you submitted as an entry due to technological limitations, malfunctions, failures or errors; similarly, if you are a Finalist, you (and, if you are a minor, your parent or legal guardian) understand and agree that the photograph taken by Sponsor of the physical Retrospec Zed Longboard that you submitted when participating in the 2nd Round judging phase of the Contest may differ from your actual Retrospec Zed Longboard submission due to technological limitations, malfunctions, failures, errors and the nature of the artistic vision of the photographer. You (and, if you are a minor, your parent or legal guardian) further agree to release and hold harmless Sponsor from any liability in conjunction therewith.
ix. Any vote total posted on the Contest Webpage for a given design/ Retrospec Zed Longboard submission may be revised or altered by Sponsor at any time without liability or notice of any kind. Sponsor disclaims any liability in conjunction with any erroneous or outdated vote tallies posted on the Contest Webpage.
10. PRIZES/PRIZE RESTRICTIONS
GRAND PRIZE (1) – $300 cash prize award of any and all rights of Grand Prize winner in his/her physical Retrospec Zed Longboard submission as per Rule 12 below (collectively awarded as a $300 check); and Finalist’s Retrospec Zed Longboard design on completed Retrospec Zed Longboard once manufactured and received at Sponsor’s headquarters in Vernon, California.
TWO (2) ELIMINATED FINALIST CONSOLATION PRIZE (9) – A Retrospec Zed Longboard (or other Retrospec Longboard or Skateboard) of their choice.
Limit of one (1) prize per family, household or address: Grand Prize winner will NOT also receive a Finalist Prize. No prize substitution or redemption for cash except by Sponsor due to unavailability of prize/prize component for any reason and then for prize/prize component of equal value. No prize transfer except with Sponsor's permission which may be granted or withheld in its sole discretion without liability of any kind. All applicable taxes and unspecified expenses in conjunction with prize acceptance/use are prize winner’s sole responsibility; for Grand Prize winner, such unspecified expenses include costs of travel to and from departure airport, gratuities, souvenirs and other incidental travel expenses. Receipt of prize by winner will be reported to governmental tax authorities as required by applicable law, and winner agrees to fully cooperate with Sponsor and its designees as to their compliance with such reporting requirement.
a. Where legal, by accepting prize, winner agrees to the use of winner’s name, likeness, photo, voice, biographical information, image and other indicia of persona for advertising/publicity/trade purposes by Sponsor and its designees without further compensation or notice. For Grand Prize, the preceding expressly includes but is not limited to Sponsor possibly creating video and audio recordings of the winner’s sessions with Mentor which may be used by Sponsor for advertising/publicity/trade purposes. For Finalists, the preceding expressly includes Sponsor’s creation of photograph of his/her Retrospec Zed Longboard submission (as discussed above) and perhaps video/audio recordings of Finalist creating the Retrospec Zed Longboard submission which may be used by Sponsor for advertising/publicity/trade purposes.
b. By participating, entrant releases and agrees to hold harmless Sponsor, its parent, affiliates and subsidiaries, and the directors, officers, agents, representatives, shareholders, independent contractors (including Mentor), employees, successors and assigns of any of the above organizations, as well as Facebook, Inc./Instagram, Twitter, Inc. and other social media channels, from any and all liability arising from the Contest. The preceding includes but is not limited to damage to computer or mobile device (or information/data stored thereon) used by an individual to participate in the Contest.
12. ASSIGNMENT OF OWNERSHIP OF GRAND PRIZE WINNER’S DESIGN TO SPONSOR & POSSIBLE USE OF DESIGN
In exchange for the $300 cash payment (as set forth in Rule 10 above), as good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, winner agrees to transfer and assign any and all rights, title, and interest in and to the winner’s Retrospec Zed Longboard submission, any prototypes, models or other work product relating to the Retrospec Zed Longboard submission which was the result of the winner’s sessions with Mentor (collectively, “Work Product”), to Sponsor, including but not limited to the copyright and renewal rights in the Work Product, worldwide. Winner (and, if winner is a minor, his/her parent or legal guardian) also agrees, upon the request of Sponsor and without compensation other than the $300 cash payment, to execute all documents and take all actions deemed necessary by Sponsor, in its sole discretion so as to effect, record or perfect the foregoing assignment of rights in the winner’s Work Product.
Should Sponsor in its sole discretion choose to proceed in creating a Retrospec Zed Longboard based on the design the Grand Prize winner submitted, the following conditions shall apply:
a. Any and all aspects of any such use of the Vans Era™ shoe submission shall be determined by Sponsor in its sole discretion without review, approval or notice of any kind to winner.
b. Sponsor may, but is not obligated to, attribute the Retrospec Zed Longboard submission to the winner. If Sponsor chooses to do so, any and all aspects of the attribution (including the content and format of the attribution as well as how the winner is identified therein) shall be determined by the Sponsor in its sole discretion. Again, winner shall have no right of review, notice or approval as to any such attribution.
c. Winner will NOT receive any payment, royalty, compensation or other consideration (other than the aforementioned $300 cash payment) in conjunction with any such use of the winner’s Vans Era™ shoe submission.
d. For the avoidance of doubt, Sponsor shall have no liability to winner other than the aforementioned $300 cash payment if Sponsor refrains from using the winner’s Retrospec Zed Longboard submission for any reason.
13. LIMITATIONS OF LIABILITY.
- Sponsor is not responsible for entries/designs/ Retrospec Zed Longboard submissions that are late, lost, garbled, incomplete, inaccessible/blocked, corrupted, jumbled, misdirected, delayed or damaged, regardless of cause, all of which are void; for technological, programming, electronic, or other error/malfunction/failure of any kind which interferes with the advertising/offering of the Contest in any respect.
- Sponsor’s failure to enforce any provision of these Official Rules in a given instance shall not constitute the waiver of such provision.
- Tampering with the Contest as well as interfering with the intended operation of the Contest or seeking to defraud Sponsor in conjunction with its offering of the Contest will result in disqualification (if applicable). Tampering expressly includes but is not limited to any attempt to manipulate or undermine the legitimacy of the public voting phases of the Contest. Sponsor may prohibit a person determined to be engaged in tampering from participation in future Vans sweepstakes or contests and/or pursue legal sanctions against such person.
- Force Majeure. If Sponsor determines in its sole discretion that the Contest – in whole or in part – cannot be conducted as originally planned due to any cause beyond its control (e.g., computer virus/bug, tampering, fraud, natural disaster, riot, strike), Sponsor may cancel, modify or suspend the Contest and make the prizes available to be won in a manner that Sponsor in its sole discretion determines is fair, appropriate and consistent with these Official Rules. In such event, Sponsor will post a notice to such effect on the Contest Website and on social media as per Rule 3 above.
- Should there be any inconsistency between these Official Rules and the advertising of the Contest, these Official Rules shall prevail, govern and control in all respects.
- This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram, Twitter or any other social media channel.
Employees, officers, directors of Sponsor, its parent, affiliates, subsidiaries and agencies, as well as of entities which are competitors of Retrospec (i.e., a manufacturer of outdoor products/sporting goods) are not eligible to enter the Contest or win a prize.
15. DISPUTE RESOLUTION/CHOICE OF LAW
To the fullest extent permitted by law, you (and, if you are a minor, your parent or legal guardian) agree that:
a. any and all disputes regarding the Contest or these Official Rules shall be governed by the internal, substantive law of the U.S. State of California (i.e., without regard to choice of law/conflict of law rules of the State of California or of any other jurisdiction);
b. you agree to bring any claim regarding the Contest in the United States District Court for the Central District of California, Southern Division or California State court situate in Los Angeles County, California and consent the exclusive personal jurisdiction of such courts;
c. you waive any right of change of venue, inconvenient forum or the like;
d. any action will be brought by you individually (NOT as part of a class action);
e. your recovery in any such action is limited to actual costs involved in participating in the Contest (if any), with all rights to attorneys’ fees and any and all damages (including special, compensatory, punitive, consequential damages) being expressly waived.
If the preceding or any other provision of these Official Rules is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, it shall be replaced by a substitute provision that most closely approximates the original intent of Sponsor and is valid, legal and enforceable. The invalidity/illegality/unenforceability of a given provision shall not affect the remainder of these Official Rules.
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