NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.1. ELIGIBILITY
The Contest is only open to legal residents of the 50 United States of America (USA) and D.C. and Canadian residents (excluding Quebec residents) who are over 18 years old only and shall only be construed and evaluated according to Canadian law. Do not enter this Contest if you are not located in the USA or Canada at the time of entry. Employees, representatives, agents and consultants of Levy’s Leather’s Limited, or its promotion and advertising agencies, and members of the immediate families (immediate family is defined as parent, sibling or any person residing in the same household as the employee or consultant) of any such employee, representative, agent or consultant, are not eligible to participate. Void where prohibited by law.
By participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein. By entering the Contest, Entrants represent and warrant that they are legally entitled to convey the rights granted in these Contest Rules.
The LEVY’S FULL PAGE AD CONTEST (“Contest”) is being held by Sponsor, Levy’s Leathers Limited (“Levy’s” or “Sponsor”) with an address of 190 Disraeli Freeway, Winnipeg, MB R3B 2Z4, Canada. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook, Inc. You understand that you are providing your personal information to Levy’s and not to Facebook.
3. TERM OF CONTEST
The Contest begins on September 8th 2014 12:00:01 am Central Time and ends on December 15th 2015 11:59:59 pm Central Time (the “Contest Term”). Sponsor’s computer is the official time-keeping device for the Contest.
4. HOW TO PARTICIPATE/ENTER
A. JUDGED PHOTO CONTEST
To enter the Contest, eligible Entrants are invited to upload their original, unpublished electronic photograph of themselves using a guitar strap to the Levy’s Facebook Page photo contest app [http://woobox.com/hj8azw]. In doing so, Entrants will be required to submit their email address, mailing address, telephone number and birth date. All entries must be uploaded to Levy’s Facebook Page photo contest app [http://woobox.com/hj8azw] by no later than December 15th 2015 11:59:59 pm Central Time.
Entries must be in good taste and in accordance with Levy’s well established and reputable brand. As a result, entries must not include any content that could be viewed as obscene, unlawful or otherwise inappropriate. Submitted photographs must not infringe any person’s rights including, without limitation, any person’s copyright or moral rights associated therewith.
Entry must conform to the following Entry Requirements:
• Entry cannot be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity;
• Entry cannot promote illegal drugs or firearms (or the use of any of the foregoing), or any activities that may appear unsafe or dangerous, or any particular political agenda or message (in the sole opinion of the Sponsor);
• Entry cannot be obscene or offensive, endorse any form of hate or hate group;
• Entry cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies;
• Entry may not include any intellectual property of third parties, including copyrighted material (including but not limited to music) or third-party trademarks (except as provided herein);
• Entry cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;
• Entry cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and
• Entry cannot depict, and cannot itself, be in violation of any law.
Entry must be suitable for broadcast at Sponsor’s sole discretion. By submitting an Entry, Entrant warrants and represents that such Entry is his/her original creation (a modification of an existing work does not qualify as original), Entrant is the sole copyright owner of the Entry, that the Entry is true and verifiable, that the Entry has not been previously broadcast, submitted to or entered in any competition or won any awards, and that his/her Entry does not violate any law, regulation or any right of any third-party, including, without limitation, the publicity, intellectual property or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary right. If the Entry contains any material or elements that are not owned by the Entrant and/or which are subject to the rights of third parties, the Entrant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any Entrant at any time. Failure to provide such proof may, if requested, render Entry null and void. By submitting an Entry, Entrant warrants and represents that he/she consents to the submission and use of the Entry in the Contest and to its use as otherwise set forth herein. By submitting an Entry, Entrant acknowledge and agree that Sponsor may obtain many submissions under this Contest and that such Entries may be similar or identical in theme, idea, format or other respects to others submitted under this Contest and/or other contests staged and/or sponsored by the Sponsor, or to other ideas conceived by or provided to Sponsor and Entrant waives any and all claims Entrant may have had, may have, and/or may have in the future, that any Entry and/or other works accepted, reviewed and/or used by the Sponsor (or their designees) may be similar to his/her Entry. Except where prohibited by law, each Entrant acknowledge and agree that the Sponsor does not have now, nor shall it have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to Entrant’s Entry. Entrant agrees that Entry may be posted on www.levysleathers.com, Facebook, or other Sponsor websites. Released Parties are not responsible for any unauthorized use of Entries by third parties. Released Parties do not guarantee the posting of any Entry. Entrants agree that they will not use the Entry for any other purpose, including, without limitation, posting the Entry to any online social networks, without the express consent of the Sponsor in each instance. Any Entry that does not comply with these requirements, in the opinion of the judges or the Sponsor, may be disqualified. By submitting an Entry, Entrant agrees that his/her submission is gratuitous and made without restriction, and will not place Sponsor under any obligation; that Sponsor is free to disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to Entrant.
5. JUDGING FOR GRAND PRIZES
Chances of being selected as a Prize Winner are based on the number of eligible entries received.
The Contest shall be judged by a panel of 3(three) qualified judges. Judges, in their sole discretion, will determine winners. All Contest Entries will be judged on or about [October 2nd 2014, November 28th 2014, January 22nd 2015, March 19th 2015, May 14th 2015, July 9th 2015] by Judges based on the following criteria: 20% creativity, 20% composition, 20% subject matter content, 20% ad suitability and 20% originality. The judging criteria are to be applied in the sole discretion of Sponsor and the Judges. The winners of the Contest will be determined by Sponsor on or around [October 7th 2014, December 2nd 2014, January 27th 2015, March 24th 2015, May 19th 2015, July 14th 2015]. All results of the winner selections and judging are final and binding and subject to these Official Rules. In the event a winning Entry is discovered to be invalid for any reason whatsoever or the person who submitted the winning Entry fails to comply with these Official Rules prior to delivery of the prize, the prize may be forfeited and awarded to an alternate winner. No more than the advertised number of prizes will be awarded. Decisions of Judges and Sponsor on the selection of the winner (a “Prize Winner”) and all other matters related to the Contest are final.
Six (6) Grand Prizes: 6 Prize Winners (one every 2 months or bi monthly winners), shall have their submitted photograph featured in a Levy’s Guitar World Magazine advertisement. Prize Winners may also be profiled on Levy’s Facebook Page, Levy’s Webpage and in other Levy’s marketing and promotional materials, including, but not limited to, Levy’s advertising campaigns in music publications. Entrants and winner acknowledge that this prize has no cash value and that in the event Levy’s cannot run the ads as contemplated, alternative advertising may be made.
No substitution, transfer or cash equivalent is permitted except by Sponsor, which reserves the right to substitute the prize (or portion thereof) with one of comparable or greater value at its sole discretion. For all prizes: Prize Winners are solely responsible for all federal, state, and local taxes and other fees associated with prize receipt and use. No other substitution, assignment or transfer of prizes permitted, except by Sponsors, who reserve the right to substitute a prize with another prize of greater or equal value if prize cannot be awarded as stated. Chances of being selected as the Prize Winner are based on the number of eligible entries received.
7. NOTIFICATION AND VERIFICATION
You are not a winner until your eligibility has been verified, and it is determined that you have complied with all terms of these Official Rules. Potential Prize Winners will be notified via a Facebook message and/or email after the Contest Term. If a potential Prize Winner cannot be contacted or fails to return the contest documents within 7 days of notification, he or she will forfeit their prize and another potential Prize Winner may be selected. Levy’s assumes no responsibility for incorrect information provided to it such as an inaccurate email address or technical failure.
The Prize Winner may be required to submit valid identification and sign documentation and/or an affidavit demonstrating eligibility, compliance with the Contest Rules and a liability/publicity release. Failure to do so may result in disqualification.
8. LICENSE/USE OF ENTRIES: By submitting an Entry, each Entrant hereby grants to Sponsor a royalty free and fully paid up, irrevocable, assignable, worldwide perpetual license to edit, publish, use, adapt, exploit, and modify any Entry (and all elements embodied therein), including, without limitation the images, names, likenesses of any persons or locations embodied therein, online, in print, film, television, or in any other media now known or hereafter devised, without compensation, notification or permission from Entrant or any third party and display the Entry on Sponsor’s website, Facebook, and third party websites and otherwise use the Entry in accordance with these Official Rules, in any and all media now known or hereafter devised. By accepting a prize, where permitted by law, the Prize Winners grant to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time a Prize Winner’s full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification. Entrants further agree to waive any associated moral rights that they may have in respect of their submission. As a result, entrants agree that Levy’s may modify their submission to make derivative works. In this regard, entrants undertake to, upon the request and at the expense of Levy’s (but without further compensation), do, execute, acknowledge and deliver or cause to be done, executed, acknowledged or delivered all such further acts, deeds, documents, instruments, assignments, transfers, conveyances, powers of attorney and assurances as may be reasonably necessary or desirable to effect the purposes of these Contest Rules.
9. GENERAL CONDITIONS: If for any reason the operation or administration of this Contest is impaired or incapable of running as planned for any reason, including but not limited to (a) infection by computer virus, bugs, (b) tampering, unauthorized intervention, (c) fraud, (d) technical failures, or (e) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process or the Contest, and to cancel, terminate, modify or suspend the Contest in whole or in part, at any time, without notice and award the Prize(s) using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Contest or Sponsor’s Website; or (b) acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of a winner based on an e-mail address, the winning entry will be declared by the authorized account holder of the e-mail address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
10. RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Contest, Entrants agree to release and hold harmless the Sponsor, Levy’s Leather’s Limited, or its promotion and advertising agencies, Facebook, Inc. their respective parents, employees, officers, directors, subsidiaries, affiliates, distributors, sales representatives, advertising and promotional agencies (collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize, including, but not limited to: (a) any technical errors that may prevent an Entrant from submitting an entry; (b) unauthorized human intervention in the Contest; (c) printing errors; (d) errors in the administration of the Contest or the processing of entries; or (e) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Contest or receipt of any prize. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in this Contest or downloading any materials in this Contest. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS CONTEST OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZES. By participating, Entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Contest or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Prize(s). Prize Winners acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize.
By entering the Contest, Entrants agree to indemnify and hold the Released Parties harmless from any claims or complaints arising from Entrant’s participation in the Contest including, but not limited to, Levy’s collection, use or disclosure of submissions and other personal information provided to Levy’s in association with the Contest.
12. DISPUTES: Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the Province of Manitoba. 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 Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of Canada and are subject to all applicable federal, provincial and local laws and regulations, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the Province of Manitoba.
The Contest is void in every jurisdiction in which it is prohibited or restricted by any law, statute, or other appropriate authority. Levy’s, its agents, its affiliates, and its sponsors do not warrant that this Contest may be entered legally in any particular jurisdiction. Levy’s reserves the right, in its sole discretion, to cancel, terminate or postpone the Contest at any time without notice or to modify any rules as necessary for any reason or as required by applicable law.
13. WINNERS LIST REQUEST: To request confirmation of the name and address of the Prize Winners, please send a self-addressed, stamped business size envelope, by mail, to: PO Box 3044, R3C 4E5.
[ ] I agree to the above terms and conditions of these Contest Rules.
[ ] I certify that I am over 18 years of age during the Contest Term and if I am entering the Contest on behalf of a minor child that I am the parent and/or guardian of said child and am legally entitled to convey the rights granted in these Contest Rules.