OFFICIAL TERMS AND CONDITIONS
THIS IS A CONTEST OF SKILL. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID IN PUERTO RICO, QUEBEC AND WHERE PROHIBITED.
1. CONTEST TERM AND DEADLINES: The "Foo Fighters Garage Tour Presented by BlackBerry®" Contest ("Contest") begins March 15, 2011 at 12:00:01 a.m. Pacific Time ("PT") and ends April 1, 2011 at 11:59:59 p.m. PT ("Contest Period"). Entries will be accepted between March 15, 2011 at 12:00:01 a.m. PT and March 31, 2011 at 11:59:59 p.m. PT ("Entry Period"). Entries received outside of the Entry Period will not be accepted. There are eight (8) market regions (the "Eligible Marketing Regions") as defined in Rule 3c. Five (5) Finalists will be selected by an independent judging panel, which will include members of Foo Fighters Musical Group (together the "Judges") from each Eligible Marketing Region according to the Judging Criteria as set forth in Rule 5. One (1) Grand Prize Winner will be selected from among the each of the eight (8) Eligible Marketing Regions according to the Judging Criteria for Finalists on or about April 1, 2011. A total of eight (8) Grand Prize Winners will be chosen, one (1) per Eligible Marketing Region. Contest Administrator's computer is the official time clock for the Contest. Proof of submission will not be considered proof of receipt. Contest Administrator is defined in Rule 2.
2. ELIGIBILITY: The Contest is open and offered only to legal residents of the Eligible Marketing Regions who have reached the legal age of majority in the province, state or territory in which they reside. Contest is void outside the Eligible Marketing Regions and where prohibited or restricted by law. You are not eligible if you are an employee of Research In Motion Limited, ("Sponsor"), NCompass International, Inc. ("Contest Administrator"), their respective affiliates, advertising, promotion and production agencies, prize providers, Web masters and Web suppliers, (collectively, the "Contest Entities"), or a member of the immediate family (defined as parent, child, sibling and spouse, regardless of where they reside) or households of any of the above persons. By participating, entrants agree to these Official Terms and Conditions and the decisions of the Sponsor, which are final and binding in all matters related to this Contest.
3. HOW To Enter: Log on to www.foofightersgaragetour.com (the "Contest site") during the Entry Period, click on the Contest icon, follow the on-screen directions to the Contest page, and complete the Entry Form as instructed. Entrants must (a) complete the requested information in full, including first and last name, email address, current mailing address, date of birth, telephone number and a statement (in English and limited to twenty-five (25) words that expresses the reason why Foo Fighters should play your garage; and (b) submit an entrant-generated photo which demonstrates the garage that entrant asserts should be chosen as the venue for a Foo Fighters musical performance (together the "Entry"). All photos must be taken by the entrant him/herself and meet the criteria described below. Entrants who successfully complete the entry process will receive one (1) Entry into the Contest. Limit of one (1) entry per person/email address/mailing address during the Contest Period. Any attempt at email or other method of entry is void. Any attempt by any person to obtain more than the stated number of entries by using multiple/different email accounts, or any other methods will void all of that person's entries and that person will be disqualified.
To be eligible, your entry must: (1) be your own original work that has not been submitted to any other third party; (2) be a .jpeg or .png format not exceeding 5 mb; (4) be owned by you; (5) be non-confidential; (6) have been legally created; (7) not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property, or other legal or moral rights of any person or entity; and (8) if the entry includes likenesses of third parties (such as, but not limited to, names, voices or images of persons) or contains elements not owned by you (such as, but not limited to, depictions of buildings, products, trademarks or logos of third party companies), you must be able to provide legal releases for such use upon request, including Sponsor's use of such Entry, in a form satisfactory to Sponsor, prior to award of any prize. If any likeness is of a minor, such release must include written permission from the minor's parent or legal guardian authorizing the use of the minor's likeness on behalf of the minor. Submissions that are, in the opinion of the Sponsor, inappropriate or contain images that are deemed to be lewd or profane; contain material that violates or infringes on another's rights, including privacy, publicity or intellectual property; gratuitous violence; dangerous stunts; real weapons of any kind; drug use; material that is hateful or defamatory; material that promotes bigotry, racism, or harm against a group or individual or promotes discrimination; or material that is unlawful or in violation of or contrary to the laws or regulations in any state, will be disqualified as determined solely by Sponsor. Entries that do not meet the submission criteria set forth above, contain prohibited content, and/or are otherwise deemed by Sponsor, in its sole discretion, to be inappropriate will be disqualified. All submissions will be reviewed for content before being judged. Sponsor makes the final determination as to what submissions are eligible to take part in the Contest. All decisions of Sponsor are final and binding.
By entering, entrant agrees that the submission becomes the property of Sponsor and will not be acknowledged or returned. By submitting an Entry, each entrant agrees to comply with the entry requirements outlined herein and grants (and agrees to confirm such grant in writing) to Sponsor the perpetual, royalty-free, unlimited and irrevocable right to post, publish, adapt, edit and/or otherwise use the Entry in any manner, including copyright, and in any media now known or hereafter developed, without any credit, compensation or accounting to you. You acknowledge that, by entering your Entry, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you. Sponsor is not responsible for the content of the Entry. The entrant is solely responsible for the content of his/her Entry.
ELIGIBLE MARKETING REGIONS: Entrant must be a legal resident within one of the following postal code/zip code zones:
i. New York City Local Market : New York: Bronx, New York, Queens, Richmond, Suffolk, Westchester. New Jersey: Bergen, Essex, Hudson, Hunterdon, Hunterdon, Middlesex, Passaic, Somerset, Union, Warren.
ii. Denver Local Market: Adams, Boulder, Broomfield, Clear Creek, Denver, Dolores, Douglas, Elbert, Gilpin, Grand, Jefferson, Weld
iii. Chicago Local Market: Cook, DeKalb, Du Page, Grundy, Kane, Lake, Will.
iv. Dallas/Ft. Worth Local Market: Texas: Dallas, Tarrant, Denton, Collin, Hunt, Rockwall, Kaufman, Van Zandt, Ellis.
v. Washington D.C. Local Market: Washington DC, District of Columbia, DC. Maryland: Charles, Frederick, Montgomery, Prince George. Virginia: Arlington, Fairfax, Loudoun, Prince WM, Stafford
vi. Seattle-Tacoma Local Market: King, Kitsap, Snohomish.
vii. Minneapolis-St. Paul: Anoka, Carver, Chisago, Dakota, Goodhue, Ramsey, Rice, Scott, Sherburne, Washington, Wright.
viii. Toronto, Canada: Canada: Toronto GTA (Greater Toronto Area) and select surrounding regions including Kitchener-Waterloo.
4. SELECTION OF WINNERS: Finalists: Five (5) Finalists from each Eligible Marketing Region will be selected by independent judges from each of the eight (8) Eligible Marketing Regions based on the Judging Criteria for Entries (as set forth in Rule 5). A total of Forty (40) Finalists will be chosen. Sponsor reserves the right to select fewer than the stated number of Finalists if, in its sole discretion, it does not receive a sufficient number of qualified entries. One (1) Grand Prize Winner will be selected by Judges from among the Finalists of each of the eight (8) Eligible Marketing Regions according to the Judging Criteria for Finalists (as set forth in Rule 5) on or about April 1, 2011. A total of eight (8) Grand Prize Winners will be chosen, one (1) from among the Finalists in each Eligible Marketing Region. Sponsor, Contest Administrator and Contest Entities are not responsible for lost, late, incomplete, garbled, delayed, invalid, unintelligible or misdirected entries, which will be void. In the event of a dispute regarding who submitted an online entry, the authorized account subscriber of the email address used to enter the contest will be deemed to be the Entrant. Authorized account subscriber is defined as the natural person who is assigned an email address by the Internet Service Provider (ISP), on-line service provider, access provider or other organization responsible for assigning email addresses for the domains associated with the submitted e-mail addresses. The entrant may be required to show proof of being the authorized account subscriber, proof of residence and/or other such proof required to secure necessary permits, etc. for the Foo Fighters Garage Performance. Judges' decisions are final and binding and cannot be appealed. Finalists and Grand Prize Winners will be notified via email, telephone and/or overnight courier at the telephone number/address or email address submitted with Entry.
5. JUDGING CRITERIA FOR ENTRIES: To determine the Finalists, each Entry shall be judged separately based on the following Judging Criteria and awarded a numerical score as indicated below:
Appropriateness to Contest ThemePossible score between 1 and 25
Each Entry will be judged for appropriateness to the Contest theme, which is defined as demonstrating why their garage is appropriate for a Foo Fighter musical performance.
B. EnthusiasmPossible score between 1 and 25
Each Entry will be judged for overall enthusiasm defined as demonstrating the degree of fervor exhibited.
C. Creativity Possible score between 1 and 50
Each Entry will be judged for overall creativity defined as distinction of originality and the expression of individuality.
The forty (40) entrants who receive the highest total score from the three categories in each Eligible Marketing Region will be declared a finalist ("Finalist"). In the event of a tie, the Entry with the highest score for Creativity will be declared the Finalist.
JUDGING CRITERIA FOR FINALISTS: To determine the Grand Prize Winners, each Finalist shall be judged separately based on the following Judging Criteria and awarded a numerical score as indicated below:
Appropriateness to Contest ThemePossible score between 1 and 25
Each Finalist will be judged for appropriateness to the Contest theme, which is defined as demonstrating why the featured garage is appropriate for a Foo Fighter musical performance.
B. EnthusiasmPossible score between 1 and 25
Each Finalist will be judged for overall enthusiasm defined as demonstrating the degree of fervor exhibited.
C. Creativity Possible score between 1 and 25
Each Finalist will be judged for overall creativity defined as distinction of originality and the expression of individuality.
D. Band and BlackBerry® Product Loyalty Possible score between 1 and 25
Each Finalist will be judged for the degree to which their Entry demonstrates their devotion to and admiration of Foo Fighters Musical Group and BlackBerry® Products.
The Finalist who receives the highest total score from the four categories from each of the Eligible Marketing Regions will be declared a Grand Prize Winner. In the event of a tie, the Entry with the highest score for Band and BlackBerry® Product Loyalty will be declared the Grand Prize Winner.
6. GRAND PRIZE: Eight (8) Grand Prizes are available to be won. One (1) Grand Prize Winner will be selected from each Eligible Marketing Region. Each Grand Prize Winner will receive a "Foo Fighters Garage Performance" which includes the following: (1) a Foo Fighters musical performance at a location selected by Sponsor in their sole discretion, in which Foo Fighters Musical Group will play approximately forty five (45) minutes of songs for Grand Prize Winner and up to fifty (50) guests; (2) one (1) autographed copy of the Foo Fighters newly released CD entitled "Wasting Light", autographed by Foo Fighters Musical Group; (3) an official photo with Foo Fighters and the Grand Prize Winner; (4) a "Meet and Greet" at the Garage Performance venue with Foo Fighters for the Grand Prize Winner and fifty (50) guests; Approximate Retail Value ("ARV") of Grand Prize: US $4,000 each. Total ARV of all Grand Prizes: US $32,000. All guests must have reached age of majority in their province or state of residence in order to attend. Sponsor reserves the right to relocate the musical performance at any time, for any reason, to an alternate location selected by Sponsor in their sole discretion. Sponsor reserves the right to terminate or cancel the performance at any time in their sole discretion due to inclement weather, inappropriate behavior or other condition that prevents the performance from proceeding safely as determined by the Sponsor in Sponsor's sole discretion. Appearance of Foo Fighters is subject to availability. No responsibility is assumed for any cancellation or rescheduling of the appearance of Foo Fighters, in whole or in part, for the performance portion of the Grand Prize. If any of the foregoing events are delayed, postponed, relocated or cancelled for any reason, the remaining portions of the Grand Prize shall constitute full satisfaction of Sponsor's prize obligation to winner and no substitute or additional compensation will be awarded. If Grand Prize Winner is unavailable or unable to host the performance portion of the prize on the dates specified by Sponsor (in their sole discretion), prize will be forfeited in its entirety and may be awarded to an alternate winner, time permitting. Winners may not substitute, assign or transfer prize, or redeem prize for cash, but Sponsor reserves the right, in its sole discretion to substitute any prize with another prize of equal or greater monetary value should the Grand Prize become unavailable for any reason. Prize consists of only those items specifically listed as part of the prize. Prizes will not be fulfilled outside the Eligible Marketing Regions. All other expenses not specified herein are the responsibility of the winner. All taxes are solely the responsibility of winner. Grand Prize Winner further acknowledges that the Sponsor and any other entity involved with this Contest 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 Grand Prize or prize suppliers or to any portion thereof, including by not limited to its quality, merchantability, mechanical condition, or fitness for a particular purpose including, without limitation, use of any equipment associated with any prize.
8. REPRESENTATION, WARRANTY AND INDEMNIFICATION. BY ENTERING, EACH ENTRANT REPRESENTS AND WARRANTS THE FOLLOWING: That the Entry complies with these Official Terms and Conditions; and the Entry (i) is the original work of the entrant; (ii) has been legally created; (iii) is owned by the entrant; (iv) has not previously been published or distributed in any media; (v) has not previously been submitted in any competition and has not won any prize or award; (vi) does not contain any use of the names, likenesses, photographs, or other identifying elements, in whole or in part, of any person, living or dead without permission (proof of which must be provided to the Contest Entities upon request in a form satisfactory to Contest Entities in their sole discretion); (vii) does not include the trademarks, logos, or copyrighted material not owned by entrant or material that is used without permission (including but not limited to company names, photographs, motion picture or television program clips, works of art, or images published on other websites, in television, movies or other media) or that otherwise infringes or violates the rights of any third party (including but not limited to copyrights, trademarks, patents, trade secrets, logos, contract and licensing rights, rights of publicity or privacy, moral rights (i.e. droit morale) or any other intellectual property rights; (viii) except as set forth above, content of Entry is not subject to any third party agreements, and the Contest Entities will not be required to pay or incur any sums to any person or entity as a result of its use or exploitation of the Entry, in whole or in part, or rights therein as contemplated in these Official Terms and Conditions; (ix) does not defame, misrepresent, or contain disparaging remarks or any other content which could adversely affect the name, reputation or goodwill of the Contest Entities or any other individuals and/or entities, the determination of which shall remain in the sole discretion of Sponsor; (x) does not contain pornographic or sexual content, hateful content of any kind (including without limitation racism, sexism, etc.), content which promotes violence or harm to another living creature, or any other offensive, obscene or inappropriate content, the determination of which shall remain in the sole discretion of Sponsor; (xi) does not include threats of any kind, or intimidate, harass or bully anyone, or invade the privacy of any person, the determination of which shall remain in the sole discretion of the Sponsor; (xii) does not violate any applicable local, state, provincial, national or international law or include any content that would encourage or provide instructions for a criminal offense; (xiii) complies with any required permitting or similar regulations required by local authorities or property owners, and that all required permissions have been obtained (including but not limited to permits for filming locations) and are documented sufficiently such that entrant can show proof of such permissions upon request from the Contest Entities; and (xiv) does not feature, refer to, or mention any competing brands of the Sponsor. IF, IN THE SOLE DISCRETION OF THE SPONSOR AND/OR CONTEST ADMINISTRATOR, AN ENTRANT HAS BREACHED A REPRESENTATION OR WARRANTY, THE ENTRY WILL BE SUBJECT TO DISQUALIFICATION AT SPONSOR'S SOLE DISCRETION. Further, by entering, each entrant represents and warrants that he/she will indemnify and hold harmless Sponsor, Contest Administrator, the Contest Entities from any claims and damages (including reasonable attorneys' fees) arising from or relating to the breach or alleged breach of his/her representations and warranties herein, his/her Entry, or his/her conduct in creating the Entry or otherwise in connection with this Contest.
9. LIMITATIONS ON LIABILITY: Sponsor, Contest Administrator and the Contest Entities (collectively "Contest Stakeholders") are not responsible for illegible, lost, late, damaged, destroyed, inaccurate, delayed, incomplete, unintelligible, undelivered or misdirected entries, which will be void. Contest Stakeholders will also not be responsible for incomplete, inaccurate, lost, interrupted or unavailable network, satellite, telephone networks or lines, cellular towers or equipment (including handsets), computer on-line systems, computer equipment, software, viruses or bugs, servers or providers, or other connections, availability or accessibility; or for unauthorized access to, or alteration of entries; or miscommunications, failed computer, telephone, cellular, satellite, or cable transmissions, lines or other technical failure; or for jumbled, scrambled, delayed, or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties; or for any other errors of any kind, whether human, technical, mechanical, electronic or network, including, without limitation, any errors which may occur in connection with the administration of the Contest or in any Contest-related materials; or for the incorrect or inaccurate capture of Entry or other information, or the failure to capture any such information. Sponsor reserves the right at its sole discretion to disqualify, from this Contest and any future Contest or other promotion conducted by Sponsor, any individual that it finds or believes to be tampering with the entry process or the operation of the Contest or Web site; to be acting in violation of the Official Terms and Conditions or in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER PERSON 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, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Entries generated by robotic, programmed, script, macro or other automated means or by any means which subvert the entry process will be disqualified. Contest Stakeholders will not be responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Contest or downloading materials from the Web site. Sponsor reserves the right to terminate, suspend or amend this Contest, in whole or in part, at any time without prior notice, if any factor interferes with its proper conduct as contemplated by these Official Terms and Conditions. In the event of a dispute regarding the identity of an entrant, the authorized account subscriber of the email address provided at time of entry, as indicated by Sponsor's records, will be deemed the winner and must comply with these Official Terms and Conditions.
10. IN NO EVENT WILL SPONSOR, ITS PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, ITS RESPECTIVE ADVERTISING OR PROMOTION AGENCIES OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, CONTEST ADMINISTRATOR, OR CONTEST ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE CONTEST SITE OR ANY OTHER WEBSITE ASSOCIATED WITH THIS CONTEST. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE CONTEST SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW 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.
11. CHOICE OF LAW: Any and all legal actions or claims arising in connection with this Contest must be brought in a court of competent jurisdiction in Toronto, Canada as sole venue. Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees; and (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, "Special Damages"), and (4) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. Canadian Law for the Province of Ontario, without reference to choice of law rules, governs the Contest and all aspects related thereto.
12. TERMS AND CONDITIONS/WINNERS LIST: To obtain the Official Terms and Conditions and/or a list of the prize winners, send a self-addressed stamped envelope in a separate, first class stamped envelope to: "Foo Fighters Garage Tour Presented by BlackBerry®"; 8205 Santa Monica Blvd, P.O. BOX # 190, West Hollywood, CA 90046-5958. Please specify "Official Terms and Conditions" or "Winners List". VT and Canadian residents may omit return postage for Official Terms and Conditions requests. Winners List will be available on or about April 2, 2011. Official Terms and Conditions and Winners List requests must be received by May 30, 2011. Limit one (1) Official Terms and Conditions request and one (1) Winner's List request per person/household.
13. SPONSOR: Research In Motion Limited: 295 Phillip Street, Waterloo, Ontario Canada, N2L 3W8
14. CONTEST ADMINISTRATOR: NCompass International, Inc., 8223 Santa Monica Blvd., West Hollywood, CA 90046.