BBoatTrader.com™ and Boats.com, along with Brunswick Aluminum
Division - "Tap into Summer – Show us what you do in your aluminum
boat!" Video Contest
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT IMPROVE ODDS OF WINNING. VOID WHERE PROHIBITED.
CONTEST DATES. The Tap into Summer Video Contest (the "Promotion") begins at 12:00:00 p.m. Eastern Time ("ET") on August 5, 2010 and ends at 11:59:59 a.m. Eastern Time ("ET") on September 30, 2010 (the “Promotion Period). The Promotion Period consists of four (4) phases as set forth in the chart below.
|Phase||Starts at 12:00 p.m. ET||Ends at 11.59 a.m. ET|
|Submission Only Phase I||August 5, 2010||September 30, 2010|
|Judging Phase II||October 1, 2010||October 5, 2010|
|Voting Only Phase III||October 6, 2010||October 15, 2010|
|Winner Announcement||October 18, 2010||October 22, 2010|
For the purpose of this Promotion, each phase will begin at 12:00:00p.m. Eastern Time ("ET") and will end at 11:59:59 a.m. Eastern Time ("ET"). Vitrue’s computer is the official time-keeping device for the Promotion.
PROMOTION ELIGIBILITY. The Tap into Summer Video Contest (the “Promotion”) is open to legal residents of the fifty (50) United States and the District of Columbia who are age eighteen years old (18) or older as of August 5, 2010. A person who complies with all the eligibility rules shall be referred to as “Entrant.” Employees and their immediate family (parent, child, sibling and spouse of each) and individuals residing in the same household (whether or not related) of BoatTrader.com, BoatTrader®, Boats.com, Brunswick, or Dominion Enterprises (collectively, the “Sponsor”) 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 (collectively, the “Entities”) are not eligible to participate in this Promotion. Other boat manufacturers are not eligible to participate in this Promotion. All applicable federal, state and local laws and regulations apply. This Promotion consists of a contest of skill (the “Contest”).
AGREEMENT TO OFFICIAL RULES. By participating in the Promotion, 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 complying with all conditions and fulfilling all requirements set forth herein.
HOW TO ENTER:
a) THE CONTEST OF SKILL. A degree of skill is required to win. During the Contest Period phase visit the website, www.tapintosummer.com (the “Website”) and follow the instructions to submit an original video creatively showing the Sponsors what you do in your aluminum boat. The video must comply with the following requirements to be eligible:
1) The video must be the original work of the Entrant
2) The video must be between 30-45 seconds in length
3) The video must be submitted in one of the following formats: MPEG, AVI, WMV or QuickTime/MOV
4) The file size must be no larger than 200MB
5) The video may not have won previous awards
6) The video may not have been published previously
7) The video must not infringe upon the rights of any third-party, including, without limitation, copyright, trademark, and rights of publicity and/or privacy
8) The video must be suitable for publication and may not be violent, immoral, offensive, illegal, pornographic, obscene, indecent or similarly inappropriate as deemed solely by Sponsor
9) The video 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
10) The video 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 BoatTrader.com and/or Boats.com. The video may not mention property names or physically identify a property by filming their front sign or some other unique feature or distinguishable architecture
11) The video may not copy, incorporate, or include music or video unless the Entrant is the lawful copyright owner thereof
12) The video may not include the likenesses of any identifiable persons other than the Entrant, unless written permission is obtained by the Entrant
13) The video 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
14) The video may not in any other way violate applicable laws and regulations. Any video in violation of any of the above requirements and restrictions will be deemed void. By submitting a video 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 videos submitted by or on behalf of that Entrant.
ENTRANT IS RESPONSIBLE FOR OBTAINING PERMISSION TO USE THE PICTURE, IMAGE, VOICE AND/OR LIKENESS OF ANY THIRD PARTIES SHOWN IN THE VIDEO. Sponsor may request that any such third parties sign a waiver and release prior to the posting of the video on the Website or the granting of any prize.
Limit five (5) video entries per registered user. 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. Submission of more than five (5) videos by or on behalf of the same registered user or use of any device or artifice to circumvent the Official Rules will result in ineligibility with respect to all videos submitted by or on behalf of that registered user.
USE OF BoatTrader.com and/or Boats.com 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 Entrant’s video, subject to the entry restrictions and guidelines contained in these Official Rules. This license extends only to videos submitted to Sponsor in accordance with these Official Rules. This license does not extend to videos 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 videos or in any other form or 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. At the conclusion of the Promotion Period, Sponsor will post the three finalists’ videos in compliance with the Official Rules on the Sponsors’ websites on or around October 6, 2010. All Videos will be reviewed for content before being posted on the Website. Videos submitted may or may not be posted on the Websites, in the sole and absolute discretion of Sponsor. Sponsor shall have absolutely no obligation to give feedback or reasoning for why any video is not posted on the Website. Sponsor shall have the sole right to reject or remove a video from the Websites at any time.
From 12:00:00 p.m. ET on October 6, 2010 to 11:59:59 a.m. ET on October 15, 2010, the public may vote on those videos posted on the Websites by visiting the Websites and following the voting instructions. Limit: Each user may vote one (1) time per day on multiple videos each day during the Voting Phase. Multiple votes for a single video entry submitted by the same verified e-mail address on the same day will result in none of those votes being counted.
On or about October 18, 2010, Sponsor’s internal review panel will choose one (1) Grand Prize Winner.
a) CONTEST: Contest finalists will be selected according to the following judging criteria:
In the unlikely event of a tie, the video with the earliest upload time
will be deemed the winner.
a) Contest Prize: ONE (1) GRAND PRIZE: One winner will receive a Triton Storm 16, a Mercury 20 EL motor, and a trailer. Approximate Retail Value (“ARV”): $10,000.
All federal and state taxes on prizes are the sole responsibility of the winners. 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.
HOW TO CLAIM PRIZE. Sponsor will reasonably attempt to notify Prize Winner via the address, telephone number(s), and/or e-mail address provided on the entry form. The Grand Prize Winner will be required to complete, sign, and return an Affidavit of Eligibility and, where lawful, a Liability/Publicity Release within ten (7) 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. Delivery will have to take place at a Brunswick brand dealership and will be coordinated after the competition ends and the winner is determined.
RIGHTS IN THE VIDEOS. All videos (including all material embodied therein) submitted to Sponsor shall automatically become the sole and exclusive property of Sponsor immediately upon submission. Once a video has been submitted pursuant to the Promotion, the Entrant may not distribute, disseminate, sell, use, license, or post the video or any copies thereof in any medium (including other Internet sites) without the prior express written consent of Sponsor. 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 video (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 video (or any of the material embodied therein) should Sponsor in its sole discretion decline to do so.
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 Sponsor, 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. IN NO EVENT WILL SPONSOR OR ANY RELEASEE BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, CLAIMS, ACTIONS, DAMAGES, LOSSES, OR LIABILITY OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RESULTING FROM OR ARISING FROM PARTICIPATION IN, OR THE PRODUCTION, PROMOTION, OR ADMINISTRATION OF, THE PROMOTION, OR ACCEPTANCE, POSSESSION, USE, MISUSE, OR NONUSE OF A PRIZE THAT MAY BE AWARDED. 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 A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A 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. By participating in the Promotion, each Entrant agrees to be bound by these Official Rules and the decisions or interpretation of Sponsor regarding the Official Rules, which are final and legally binding in all respects. Non-compliance with these Official Rules shall result in disqualification from the Contest. An individual is not a winner until he/she has fully complied with these Official Rules. Entrants hereby waive any right to claim ambiguity in these Official Rules. This Promotion will be administered in the State of Virginia, and by participating, all Entrants hereby agree that the laws of the State of Virginia will apply exclusively 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 State of Virginia.
DISCLOSURE OF WINNER. Email firstname.lastname@example.org with questions.
SPONSOR: BoatTrader.com and Boats.com, 150 Granby Street, Norfolk, VA 23510.
ADMINISTRATOR: BoatTrader.com and Boats.com, divisions of Dominion Enterprises.
© 2010 Dominion Enterprises, All Rights Reserved