Ariat “Know Where You Stand” Contest Rules
Sponsor is Ariat International, 3242 Whipple Rd., Union City, CA 94567 ("Sponsor").
The Ariat “Know Where You Stand” Contest (the "Contest") begins October 9, 2014 at 12:00:00 PM US Pacific Time and ends November 10, 2014, 8:00 AM. US Pacific Time. Information on how to enter and prizes form part of these official rules ("Official Rules"). By submitting an entry, each entrant agrees to the Official Rules and warrants that his or her entry complies with all requirements set out in the Official Rules. This is a skill-based contest and chance plays no part in the determination of winners.
WHO MAY ENTER
Contest is open only to individuals at least eighteen (18) years of age and a legal U.S. resident who reside in one of the 50 United States or the District of Columbia (promotion void elsewhere.). Employees and directors of Ariat International, Inc. (“Sponsor”), and their respective subsidiaries, affiliates, distributors, retail dealers, advertising and promotional agencies and printing vendors (and their immediate family members or those living in the same household with such individuals) are not eligible to participate.
HOW TO ENTER
Each submission (“Entry”) must consist of a photo, a video and/or a written story which captures how the entrant knows where they stand. To enter, visit Ariat’s Instagram or Facebook pages, post your entry and include both of the following; #kwys, @ariatinternational. Entries must be submitted in digital format. The Entry, in its entirety, must be a single work of original material created by the Contest entrant. By entering the Contest, entrant represents, acknowledges, and warrants that the submitted Entry is an original work created solely by the entrant, that the Entry does not infringe on the copyrights, trademarks, moral rights, rights of privacy/publicity or intellectual property rights of any person or entity, and that no other party has any right, title, claim, or interest in the photograph.
The Entry must not, in the sole and unfettered discretion of the Sponsor, contain obscene, provocative, defamatory, sexually explicit, or otherwise objectionable or inappropriate content. Entries will judged separately, in accordance with the Judging Criteria, as defined below. All entries must be submitted and received by November 10, 2014 at 8:00 AM PT. Proof of submission is not proof of receipt. Sponsor reserves the right to examine the original source material in order to confirm compliance with these rules.
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, and/or if any persons appear in the photograph, the entrant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the exhibition and use of the Entry in the manner set forth in these Official Rules without additional compensation. If any person appearing in any Entry is under 18 years of age, the signature of a parent or legal guardian is required on each release. Upon Sponsor's request, each entrant must be prepared to provide (within seven (7) calendar days of receipt of Sponsor's request) a signed release from all persons who appear in the Entry submitted, authorizing Sponsor and its licensees ("Authorized Parties") to reproduce, distribute, display, and create derivative works of the Entry in connection with the Contest and promotion of the Contest, in any media now or hereafter known. Failure to provide such releases upon request may result in disqualification at any time during the Contest and selection of an alternate winner. Similarly, upon Sponsor's request, each entrant must be prepared to provide (within seven (7) calendar days of receipt of Sponsor's request) a signed written license from the copyright owner of any copyrighted material that appears in the Entry, authorizing any Authorized Party to reproduce, distribute, display, and create derivative works of the entry in connection with the Contest and promotion of the Contest, in any media now or hereafter known. Failure to provide such releases upon request may result in disqualification and selection of an alternate winner. Finally, upon Sponsor's request, each entrant must be prepared to provide (within seven (7) calendar days of receipt of Sponsor's request) a signed written license from the owner of any private property included in the Entry, authorizing any Authorized Party to reproduce, distribute, display, and create derivative works of the entry in connection with the Contest and promotion of the Contest, in any media now or hereafter known. Failure to provide such releases upon request may result in disqualification and selection of an alternate winner. For the purposes of these Official Rules, the entrant will be deemed to be in receipt of Sponsor's request or notification by email, on the day that the email was sent by Sponsor.
One Grand Prize winner will receive a trip for two to the PBR (Professional Bull Riding) competition at Madison Square Gardens in New York, NY on January 16 - 18, 2015. Trip includes round trip airfare, two nights hotel accommodations, tickets to one night of PBR, and ground transportation for two. Grand Prize winner will also receive a year (one pair each quarter or four total pairs) of Ariat boots. Estimated prize value $4,500 US. Ten (10) Runner Up Winners will each receive one pair of Ariat Boots, valued at $250 US. Potential winners shall be required to sign and return within ten (10) days following an attempted notification, an Affidavit, Declaration or Certificate of Eligibility, Liability Release, and where legally permissible, a Publicity Release and Warranty of Ownership and License in which the entrant warrants that he/she is the owner of the Entry (and all the intellectual property rights in the Entry submitted) and grants to Sponsor and its licensees the irrevocable, perpetual, worldwide non-exclusive license to reproduce, distribute, display, and create derivative works of the entry (along with a name credit) in connection with the Contest and promotion of the Contest without additional compensation. Failure to execute and deliver any required documents to Sponsor by the specified deadline may result in disqualification from the Contest, and selection of an alternate potential winner. NONCOMPLIANCE OR RETURN OF PRIZE NOTIFICATION AS UNDELIVERABLE, WHETHER BY REGULAR MAIL OR BY EMAIL, MAY RESULT IN DISQUALIFICATION AND SELECTION OF AN ALTERNATE POTENTIAL WINNER. No prize transfer, assignment, or substitution by winners permitted. If a prize (or part of a prize) is unavailable, the Sponsor, in its discretion, reserves the right to substitute the original prize (or that part of the prize) with an alternative prize to the equal monetary value and/or specification, unless to do so would be prohibited by law.
Contest will be judged by two official Ariat judges and one judge not affiliated with Sponsor (“Judges”). In Round One of judging, Judges will select eleven (11) entries among all eligible entries based on the following criteria ("Judging Criteria"): (1) Creativity; (2) Entry quality; (3) genuineness/authenticity of the content.In Round Two, the Judges will collectively select ten Runner Up Winners and one Grand Prize Winner from among the top eleven entries. Winners will be chosen on or around December 15, 2014, and notified by email. Decisions of the judges are final and binding.
By entering the Contest, all entrants grant an irrevocable, perpetual, worldwide non-exclusive license to Authorized Parties, to reproduce, distribute, display and create derivative works of the entries (along with a name credit) in connection with the Contest and promotion of the Contest, in any media now or hereafter known, including, but not limited to: Display on Authorized Parties website(s); publication of printed material featuring select entries in the Contest; publication in magazines or online highlighting entries or winners of the Contest. Entrants consent to the Sponsor doing or omitting to do any act that would otherwise infringe the entrant's "moral rights" in their entries. Display or publication of any entry on an Authorized Party's website does not indicate the entrant will be selected as a winner. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use. Additionally, by entering, each entrant grants to Authorized Parties the unrestricted right to use all statements made in connection with the Contest, and pictures or likenesses of Contest entrants, or choose not to do so, at their sole discretion. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use.
LIMITATION OF LIABILITY
By entering this Contest, all entrants agree to release, discharge, and hold harmless Ariat International and its partners, affiliates, subsidiaries, advertising agencies, agents and their employees, officers, directors, and representatives from any claims, losses, and damages arising out of their participation in this Contest or any Contest-related activities and the acceptance and use, misuse, or possession of any prize awarded hereunder. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission; communications line failure; theft or destruction of or unauthorized access to Contest entries or entry forms; or alteration of entries or entry forms. Sponsor is not responsible for any problems with or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email entry to be received on account of technical problems or traffic congestion on the Internet or at any website, human errors of any kind, or any combination thereof, including any injury or damage to entrants' or any other persons' computers related to or resulting from participation, uploading or downloading of any materials related to in this Contest.
THIS CONTEST IS VOID WHERE PROHIBITED. Entrants agree that this Contest shall be subject to and governed by the laws of the state of California and the forum for any dispute shall be in the state of California, United States of America. To the extent permitted by law, the right to litigate, to seek injunctive relief or to make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or on connection with this Contest are hereby excluded and any entrant expressly waives any and all such rights. Certain restrictions may apply. Entries void if the Sponsor determines the entry to not be an original, or if the entries are illegible, incomplete, damaged, irregular, altered, counterfeit, produced in error or obtained through fraud or theft. By entering, entrants also agree (a) to be bound by these Official Rules; (b) that the decisions of the Judges are final and binding with respect to all matters relating to the Contest; and (c) if the entrant wins that Sponsor may use the winning Entry and each winner's name, photograph, likeness, and/or voice in any publicity or advertising relating to the Contest or future promotions without compensation or approval (except where prohibited by law). All federal, state/provincial/territorial, and local taxes, fees and surcharges and taxes (whether foreign or domestic, and including income, sales, and import taxes) on prizes are the sole responsibility of the prize winners. In the event that the selected winner(s) of any prize is/are ineligible, cannot be traced or does/do not respond within ten (10) days to a winner notification as required by the "Contest Prizes" Rules above, or refuses the prize, the prize will be forfeited and Sponsor, in its sole discretion, may choose whether to award the prize to another entrant. The Sponsor reserves the right to verify the validity and originality of any entry and/or entrant (including an entrant's identity and address) and to disqualify any entrant who submits an entry that is not in accordance with these Official Rules or who tampers with the entry process. Failure by the Sponsor to enforce any of its rights at any stage does not constitute a waiver of those rights.
RIGHT TO CANCEL OR SUSPEND CONTEST
If for any reason the Contest is not capable of running as planned, due to infection by computer virus, bugs, worms, trojan horses, denial of service attacks, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right, at its sole discretion, to disqualify any individual(s) who tamper with the entry process, and/or to cancel, terminate, modify, or suspend the Contest. If Sponsor elects to cancel or terminate the Contest, Sponsor will not retain any rights in the submitted photographs, and will return the fees submitted with each entry.
Entrants are responsible for complying with these Official Rules. Winners' names will be available online at www.ariat.com/kwyscontestwinners after December 30, 2014.
Entrants agree that personal data, especially name and address, may be processed, shared, and otherwise used for the purposes and within the context of the Contest and any other purposes outlined in these Official Rules. The data may also be used by the Sponsor in order to verify the participant's identity or to otherwise verify the participant's eligibility to participate in the Contest. Participants have the right to access, review, rectify, or cancel any personal data held by Sponsor by writing to Ariat International, Marketing Department, 3242 Whipple Rd., Union City, CA 94587. Personal data will be used by Sponsor and its affiliates exclusively for the purposes stated herein.
NOTICE TO INDIVIDUALS: REMOVAL FROM MAILING LIST:Any individual (or other duly authorized person) may elect to exclude the name and address of that individual from all lists used by Sponsor to mail skill contests or sweepstakes. To elect to have an individual's name excluded from all such lists, submit a removal request in writing to: Ariat International, Marketing Department, 3242 Whipple Rd., Union City, CA 94587. This notification system may be used to prohibit mailing of all skill contests or sweepstakes by Sponsor to such individual.