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#SquadGoals: Become the Next Turtle Wax® Shine Squad Member
CONTEST & SWEEPSTAKES OFFICIAL RULES
1. CONTEST & SWEEPSTAKES DESCRIPTION AND ENTRY DATE: The #SquadGoals: Become the Next Turtle Wax Shine Squad Member Contest & Sweepstakes (collectively the “Promotion”) entry period begins on Tuesday, March 28, 2017 at 1:00:01 p.m. Eastern Daylight Time (“EDT”) and ends on Thursday, June 15, 2017 at 11:59:59 p.m. EDT (the “Promotion Period”). You must submit all the required entry information, essays and photo in order to enter (“Entry”). Entry must also comply with these Official Rules. Entry in the Promotion does not constitute entry into any other promotion, contest or sweepstakes. There will be one (1) Contest prize and one-hundred (100) Sweepstakes prizes. By participating in the Promotion, each Entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Turtle Wax, Inc., 2250 W. Pinehurst Blvd., #150 Addison, IL. 60101 (“Sponsor” and “Judge”), and COHEN-FRIEDBERG ASSOCIATES, LLC, Framingham, MA 01702 www.cfapromo.com (the “Administrator”), and ZENO Group, 130 E. Randolph, Suite 3000, Chicago, IL 60601 (the “Sweepstakes Drawing Administrator”) (collectively “Promotion Entities”), whose decisions shall be final and legally binding in all respects and not subject to further review in any forum.
2. ELIGIBILITY: This Promotion is open to legal residents of the 50 United States and the District of Columbia, Canada (excluding Quebec), Mexico and the United Kingdom, who are at least eighteen (18) years of age at the time of Entry (“Entrant”). The name of the "authorized account holder" associated with any given email address will be deemed to be the "Entrant" and must comply with all Official Rules and proof of "authorized account holder" may be required by Promotion Entities. By submitting an Entry, you hereby release Promotion Entities and all of their respective affiliated entities, and all of their shareholders, officers, directors, employees, agents, attorneys, successors and assigns from any and all claims relating to your Entry, including without limitation, claims arising from the risk of misdirection or failed delivery of your Entry. Promotion Entities, and each of their respective parents, subsidiaries, affiliates, advertising/promotion/fulfillment agencies, and any and all other companies associated with the Promotion, and each of their immediate family members (spouse, parent, child, sibling, and their respective spouses and children regardless of where they reside) and/or people living in the same household, whether or not related, are not eligible to enter or win. All Entries submitted are the property of the Sponsor. The Sponsor’s database clock will be the timekeeper for this Promotion. This Promotion shall be void where prohibited by law or regulation. All eligibility is subject to all national, provincial, municipal, territorial, federal, state and local laws and regulations.
3. HOW TO ENTER:
Sponsor’s Microsite: Follow these instructions to enter:
Complete all of the required registration information (full name, valid email address, telephone number and country). All answers required below must be in English.
Answer the following questions:
How did you hear about Turtle Wax (not to exceed 50 words)?
Which Turtle Wax products do you use the most?
What’s your ideal road trip (not to exceed 50 words)?
Why should you be a Shine Squad member (not to exceed 100 words)?
List your Social Media handle(s).
Number of Social Media followers.
Your vehicle description (not to exceed 50 words)?
Submit your headshot.
Submit auto-focused photo/video samples. Check out TurtleWax.com/ShineSquad for inspiration (max 3 submissions).
Agree to the Official Rules.
Submit your entry.
LIMIT: One (1) Entry person.
Once you submit your Entry, your Entry will then be reviewed for compliance with these Official Rules and if approved it will be available for the judging process and your photo/video submission(s) along with your first name and description of why you should be a Shine Squad member may appear in the Sponsor’s Microsite “Gallery”. Your entry will automatically be entered into the Sweepstakes portion of this Promotion.
BY SUBMITTING AN ENTRY YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND FULLY AGREE TO THESE OFFICIAL RULES. DO NOT SUBMIT AN ENTRY WITHOUT FIRST REVIEWING ALL OFFICIAL RULES. Individual is under the age of 18 they may NOT appear in the photo/video. Entrant must have permission from all individuals that appear in the photo/video (if any) to use their name and likeness in the photo/video and to grant the rights set forth herein. If requested, Entrant must be able to provide such permissions in a form acceptable to Sponsor.
If you opt to access the Promotion via your wireless mobile device (only available via participating wireless carriers), data rates may apply for each message sent or received from your device according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges as well as charges for wireless Internet access) and may appear on your mobile phone/device bill or be deducted from your prepaid account balance. Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Promotion. Mobile device service may not be available in all areas. Check your mobile device's capabilities for specific instructions. Sponsor is not responsible for any charges.
4. ENTRY NOTES:
1. ENTRIES MUST COMPLY WITH ALL GUIDELINES AND ALL OTHER OFFICIAL RULES. All Entries are subject to verification and approval by the Sponsor. Entries that do not meet the photo/video requirements specified or otherwise do not comply with the Official Rules herein may be disqualified. Any attempted form of entry other than as described herein is void. Sponsor will determine, in its sole discretion, what constitutes a valid Entry. All materials submitted become the property of the Sponsor and will not be returned or acknowledged.
2. Entries made on another’s behalf by any individuals or other entities, including but not limited to, commercial contest/sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified for this Promotion. Tampering with the Entry process or the operation of the Promotion is prohibited and any Entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void. In the event a dispute regarding the identity of the individual who actually submitted an Entry cannot be resolved to Sponsor’s satisfaction, the affected Entry will be deemed ineligible. By entering, all participants and Entrants release the Promotion Entities and their parent, subsidiary and affiliated entities including all of their respective shareholders, officers, directors, employees, agents, attorneys, successors and assigns from and against all claims and damages arising out of or in connection with each Entrant's participation and Entry in this Promotion and his/her receipt or use of the prize awarded in this Promotion.
3. Sponsor reserves the right to cancel or modify the Promotion if fraud or technical failures impair the integrity of the Promotion as determined by the Sponsor, in its sole discretion, and may award any prizes based on eligible Entries received prior to the cancellation. In the event an insufficient number of eligible Entries are received or Sponsor is prevented from awarding the prize or continuing with the Promotion as contemplated herein by any event beyond Sponsor’s control, including but not limited to, fire, flood, natural or manmade epidemic of health or other means, earthquake, explosion, labor despite or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state or local government law, order or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a Force Majeure” event or occurrence), the Sponsor shall have the right to modify, suspend, or terminate the Promotion. If the Promotion is terminated before the end of the Promotion Period, Sponsor will (if possible) award prizes to selected eligible Entries. Only the type and quantity of prize described in these Official Rules will be awarded.
4. Sponsor is not responsible for problems downloading or uploading any Entry-related information or for any other technical malfunctions of electronic equipment, computer on-line systems, servers or providers, computer hardware or software failures, phone lines, failure of any Entry to be received by Sponsor on account of technical problems, traffic congestion on the internet, or any other technical problems related to Entries including telecommunication miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit an Entrant’s ability to participate in this Promotion.
5. ENTRANT’S REPRESENTATIONS: Photos/videos must be created for the sole purpose of this Promotion. DO NOT COPY OTHERS’ WORKS, IN WHOLE OR IN PART. By entering the photo/video Entrant represents and warrants that: a) the Entry submission is Entrant’s original work product and does not infringe the rights of any third party, including copyright, trademark and patent rights, b) no advanced image editing software (e.g. Photoshop) has been used on the Entry, and d) the Entry has not won previous awards.
6. PROHIBITED CONTENT: Photos/videos must not violate the rights of any other party, including but not limited to intellectual property rights or rights of privacy/publicity. Entries may not contain, as determined by the Sponsor, in its sole discretion, any material that:
a) is sexually explicit or suggestive; is violent or derogatory of any ethnic, racial, gender, religious, professional or age group; is profane or pornographic; contains nudity;
b) promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
c) is obscene or offensive; endorses any form of hate or hate group; appears to duplicate any other Entry submission;
d) defames, misrepresents or contains disparaging remarks about other people, products or companies;
e) contains any personal identification, such as personal names, or e-mail addresses;
f) contains any unauthorized third party products or trademarks;
g) communicates messages or images inconsistent with the positive images and/or good will to which the Sponsor wishes to associate;
h) infringes the rights of any third party (living or deceased);
i) violates any law; and/or
j) promotes any direct competitor to Turtle Wax, Inc.
7. LICENSE: By submitting an Entry, participants grant Sponsor and/or its agents, if any, a perpetual, worldwide, irrevocable, royalty-free license to transform, edit, modify, reproduce, record, copy, exhibit distribute, transmit, publish, broadcast, perform, merchandise, sublicense, adapt, display, or otherwise use the Entry with or without modifications, in any way in any form or medium whether now existing or later developed, without limitation and without any compensation to the Entrant. Submission of an Entry further constitutes the Entrant's consent to irrevocably assign and transfer to Sponsor any and all rights, title and interest in the Entry, including, without limitation, all copyrights.
8. JUDGING/RANDOM SWEEPSTAKES DRAWING:
Judging: All eligible Entries will be judged based on the following weighted criteria:
• Social Reach 10%
• Turtle Wax brand fit 40%
• Entry content quality 50%
Winning Entry will be announced on Saturday, July 15, 2017. In the event of a tie, a third party Judge, to be selected by the Sponsor and at its sole discretion, will judge the tied Entries to determine the winning Entry.
Sweepstakes Drawing: A random drawing will be conducted on or about Friday, June 16, 2017 from all eligible Entries received during the Promotion Period by the Sweepstakes Drawing Administrator. LIMIT: One (1) Sweepstakes prize per person or household. DRAWING TO BE CONDUCTED at the office of the Administrator, Framingham, MA 01702 USA.
Winner Notification: Potential Sweepstakes winners will be contacted by the Sweepstakes Drawing Administrator by email based on the information supplied on their Entry registration form. Potential winners will be required to reply to the initial email within two (2) days of issuance with their complete mailing address in order to receive their prize. The potential winner will be notified within two (2) business days of the drawing.
If, despite reasonable efforts, any potential winner does not respond within two (2) business days of the first notification attempt, or if the prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate potential winner will be selected. If any potential winner is found to be ineligible, including if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential prize winner will be disqualified and an alternate potential winner will be selected.
Once the Entry and Entrant eligibility has been verified and the Sweepstakes Drawing Administrator receives the winner’s mailing address, the Sweepstakes Drawing Administrator will arrange to award the prize. Neither Sponsor nor any of its subsidiaries or affiliates nor any of their respective officers, directors, employees or agents shall be liable for any unsuccessful efforts to notify or communicate with a potential winner.
If any winner is a resident of Canada, the winning entrant will be required to first correctly answer a mathematical skill testing question without assistance of any kind (whether mechanical or otherwise) within a 2-minute time limit in order to be eligible to win the prize. The question will be administered by phone within seven (7) business days following the drawing. If entrant cannot be contacted and the skill testing question administered, the prize will be forfeited and an alternate entrant will be selected.
9. GENERAL PRIZE RESTRICTIONS/CONDITIONS: By entering, each Entrant agrees on behalf of itself and each of Entrant’s heirs, executors, and administrators: (A) TO RELEASE AND HOLD HARMLESS PROMOTIONAL ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, INSURERS, PARENTS, SUBSIDIARIES, DIVISIONS, AFFILIATES, PREDECESSORS, SUCCESSORS, REPRESENTATIVES, AND LEGAL ADVISORS (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such Entrant’s participation in the Promotion and/or his/her acceptance, possession, use, or misuse of prize or any portion thereof; (B) 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, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose; and (C) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Promotion itself, and to be bound by all decisions of the Sponsor, which are binding and final. Failure to comply with these conditions may result in disqualification from the Promotion at Sponsor’s sole discretion.
10. PRIZES: Only the prizes listed below will be awarded in the Promotion. Odds of winning in the Sweepstakes depend on the number of eligible entries received.
One (1) Contest Grand Prize will consist of the following items:
• Membership in the Turtle Wax Squad influencer program (July 2017-November 2017)
• $3,000 USD monetary prize to go toward camera equipment
Approximate retail value of this prize package $3,000 USD.
As a prerequisite for receiving a prize, potential winner will be required to sign (a) an Affidavit of Eligibility (U.S. only-Declaration all others); (b) an Agreement of Publicity (granting Sponsor the right to use the name and image of the winner for advertising and promotion purposes, except where prohibited); (c) a liability release; and (d) a form W 9, Taxpayer Request for Identification (U.S. only), and return each of the properly executed documents to the Administrator within ten (10) days of attempted notification. A potential winner who satisfies all of the requirements, including, without limitation, those set forth in this paragraph, will be designated an official winner (the "Winner").
One Hundred (100) Sweepstakes Prizes: Each winner will receive a Turtle Wax prize pack (Turtle Wax products, microfiber towel and wearable branded gear). Approximate retail value of each prize pack $20 USD.
Total approximate retail value of all Sweepstakes prizes $5,000 USD. No substitution of an awarded prize is permitted except by Sponsor. All expenses and costs associated with prize acceptance and use not expressly stated in the description provided herein are the sole responsibility of winner, including all federal, state and local taxes.
Prize is provided on an “as is” basis, without any warranty of any kind. Prize is not transferable. Prize may not be redeemed for cash. Sponsor in its sole discretion reserves the right to substitute a prize (or portion thereof) of equal or greater value if the advertised prize (or portion thereof) becomes unavailable. All details of any prize not specified herein shall be determined solely by Sponsor.
11. DISQUALIFICATION: Sponsor reserves the right in its sole discretion to disqualify any individual and Entrant who is found to be tampering with the Entry process or the operation of the Promotion, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Promotion, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
12. LIMITATION OF LIABILITY: The Released Parties are not responsible for, and Entrant hereby releases the Released Parties from any claims arising from or in any way relating to any errors or problems of any kind whether mechanical, human, technical, electronic or otherwise, including but not limited to: (i) the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the Entry process or the Promotion; (iv) electronic or human error which may occur in the administration of the Promotion or the processing of Entries; (v) printing, typographical or other errors appearing within these Official Rules or in any Promotion-related advertisements or materials; (vi) any injury or damage to persons or property, including but not limited to Entrant's computer, hardware or software, which may be caused, directly or indirectly, in whole or in part, from Entrant's participation in the Promotion, (vii) use of any prize; and (viii) the prize award process including the outcome of the Promotion.
13. ARBITRATION/GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrants, Promotion Entities, and Promotional Entities in connection with the Promotion shall be governed by, and construed in accordance with, the laws of the United States and the State of Illinois, without giving effect to any choice of law or conflict of law rules or provisions. Except where prohibited by law, as a condition of participation in this Promotion, Entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of, or connected with, this Promotion or any prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the participant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; (3) judgment upon such arbitration award may be entered in any court having jurisdiction, (4) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs, but in no event including attorneys' fees, disbursements or arbitration costs; and (5) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental and consequential damages, and any other damages, other than for actual out-of-pocket costs, and Entrant further waives all rights to have damages multiplied or increased.
14. Winners List: For the name of the prize winners (available after June 26, 2017), send a self-addressed stamped envelope to: #SquadGoals: Become the Next Turtle Wax Shine Squad Member Winners, PO Box 2312, Framingham, MA 01703-2312 USA. Requests must be received within thirty (30) days of the announcement date of the winners.
15. DATA: Your personal data will be transferred to the United States. Pursuant to EU law pertaining to data collection and processing, as an EU resident, you have a right of access to, modification of and withdrawal of your personal data. You also have the right of opposition to the data collection, under certain circumstances. To exercise such right, you may write to: Turtle Wax, Inc. (MARKETING DATA MODIFICATION) 2250 W. Pinehurst Blvd., #150, Addison, IL 60101 USA. The data controller and the data recipient is the Sponsor. Your data will be transferred outside the European Union.
By entering the Promotion you agree that if you win a Prize, the Sponsor can supply to the Administrator your personal information supplied via the Promotion landing page in order that: the Administrator and its prize team can contact you to arrange the awarding of your Prize. Administrator will only use such data to select Winners and to communicate with potential Winners.
USE OF ENTRIES BY ADMINISTRATOR:
By submitting any content to Turtle Wax Inc., you represent and warrant that: You are the sole author and owner of the intellectual property rights thereto;
All "moral rights" that you may have in such content have been voluntarily waived by you;
All content that you post is accurate;
You are at least 18 years old;
You further agree and warrant that you shall not submit any content: That is known by you to be false, inaccurate or misleading;
That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
That violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
For which you were compensated or granted any consideration by any third party;
That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
That contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree to indemnify and hold Turtle Wax Inc. (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Bazaarvoice, Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
For any content that you submit, you grant Turtle Wax Inc. a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
By submitting your email address in connection with your rating and review, you agree that Turtle Wax Inc. and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.