TO ENTER THE REV. SPOKSEPERSON CONTEST (THE "CONTEST") YOU MUST BE 18 YEARS OF AGE OR OLDER AND HAVE REACHED THE AGE OF MAJORITY IN YOUR HOME STATE AS OF THE DATE OF ENTRY AND A LEGAL RESIDENT OF THE 50 UNITED STATES (EXCLUDING ARIZONA, CONNECTICUT, MARYLAND, NORTH DAKOTA and VERMONT) OR THE DISTRICT OF COLUMBIA. VOID WHERE TAXED, PROHIBITED OR RESTRICTED BY LAW.
1. ENTRY:This Contest provides contestants (each an "Entrant") with the opportunity to show why they are the “Ultimate REV Spokesperson!” To enter, an Entrant must go to www.rev-life.com (“Website”) during the period commencing at 12:01:00 A.M Eastern Time (“ET”) on 8/01/08 and ending at 11:59:59 P.M. ET on 12/31/08 (“Entry Term”), login or register as a new member (registration is free), and then click on the Contest icon, which will take one to the Contest page. Entrants must next carefully read, review and complete all of the required fields of the official Contest entry form, including Entrant’s first name, last name, state of residence, date of birth, e-mail address, complete home address (no P.O.Boxes) and Entry Statement (“Entry Form”). Each Entry Form must include a statement of up to 100 words describing what the Entrant likes about the REV product (“Entry Statement”) AND at least ONE of the following to become a complete Contest entry: 1) a short video submission of no more than 2 minutes ("Entry Video") or a 2) a photograph (“Entry Photograph”), each describing why Entrant would make an Ultimate REV Spokesperson! (the Entry Form, Entry Statement, and one or more Entry Videos and/or Entry Photographs, and all other materials submitted, collectively, shall be referred to as the Entrant’s “Submission”). Entrants shall be awarded points based on the Judges’ evaluation of the Entry Statement and the Entrant’s Entry Video or Photograph as well as on their Website Activity, each as explained in more detail in Section 4 (Please make sure to read Section 4 before creating your Submission!). Entrant may submit multiple Entry Photographs and Entry Videos, but only the one receiving the highest score from the Judges’ evaluation will be factored into the Entrant’s total score. Incomplete or illegible entries, including but not limited to those Entries that do not meet the requirements herein, will not be eligible. Entry may only be made during the Entry Term. By entering the Contest, Entrant acknowledges, agrees and understands that the Submission will become the property of Sponsor (as defined below). By participating in the Contest, each Entrant unconditionally accepts and agrees to comply with and abide by these Official Rules, the Terms and Conditions of Use of the Website (the "Terms of Use") and the decisions of Sponsor which shall be final and binding in all respects. By entering, each Entrant warrants and represents that Entrant has all necessary written permissions from all participants, if any, who appear by name, image or other likeness in the Submission ("Participants"). If any Participant is under the age of majority in his/her state of residence, the Participant’s parent or legal guardian is required to provide the necessary written permission. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from the Entrant at any time. Each Entrant warrants and represents that Entrant and each Participant consents to the Submission and use and exhibition of the Submission in the manner set forth in these Official Rules, including hereby granting permission to Sponsor to display Entry Video, Entry Photo or Entry Statement (as shortened, edited, modified or otherwise changed at Sponsors’ sole discretion) on the Internet (including the Website), and/or any other media, now known or hereafter developed, for public viewing and comment.
By entering, each Entrant represents and warrants that Entrant has used and is familiar with REV. products and that Entrant’s Submission is: (a) wholly original; (b) does not incorporate or include anything that would require the consent of any third party; and (c) does not violate any copyright, trademark, publicity right, privacy right, or any other right of any third party. By creating a Submission and entering it in the Contest, each Entrant hereby irrevocably grants, transfers, sells, assigns and conveys to Sponsor, and each of its respective successors and assigns, all present and future right, title and interest of every kind and nature whatsoever, including, without limitation, all copyrights, and all rights incidental, subsidiary, ancillary or allied thereto (including, without limitation, all derivative rights), in and to the Submissions for exploitation throughout the universe, in perpetuity, by means of any and all media and devices whether now known or hereafter devised (including the right to publish and display Submissions for purposes of advertising, publicity and/or trade, in whole or in part). Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submissions for any purpose which it deems necessary or desirable, without the need for any further compensation, and each Entrant irrevocably waives any and all so-called moral rights they may have in the Submission submitted by him or her. Each Entrant acknowledges and agrees that his/her Entry Statement, Entry Photograph, and Entry Video, as applicable, may be featured on the Website along with the Entrant’s name and state of residence and available for public comment.
Proof of Submission is not considered proof of delivery, receipt or entry. Any attempted form of entry other than as described herein is void. Once submitted, Submissions become the exclusive property of Sponsor and will not be acknowledged or returned. Submissions which Sponsor determines are not reasonably pertinent to the subject matter of the Contest, or are otherwise in violation of these Official Rules will be disqualified. Sponsor reserves the right to disqualify any Submission for any reason, in its sole and absolute discretion. As determined by Sponsor in its sole discretion, Submissions that include obscenities, any material deemed objectionable by Sponsor, nudity, pornography, drunkenness, threatening behavior, racially or ethnically offensive content, conduct that would be considered a criminal offense, defame or invade the publicity or privacy rights of any person, living or deceased, or otherwise infringe upon any third party’s personal or proprietary rights may be disqualified. Submissions must be appropriate for viewing/reading by the general public, as determined by Sponsor, in order to be qualified. Submissions must not have been previously entered in any competition or contest or won any award prior to submission in this Contest. No entry by group or organization.
2. LIMITATIONS:All Submissions must be received by 11:59:59 P.M. ET on 12/31/08. Submissions by any method other than set forth above in Section 1 are void. Any use of automated or programmed methods of effecting entry or Website usage is prohibited. Contest entry is open only to Entrants who are 18 years of age or older and have reached the age of majority in their home state upon entering, who are also legal residents of, and physically located within, the 50 states (excluding Arizona, Connecticut, Maryland, North Dakota and Vermont) or D.C. ("Territory") as of date of entry, and not employees of Sponsor, its respective parent companies, subsidiaries, affiliates or partnerships, or the advertising, promotional or fulfillment agencies, including Chadwick Communications, distributors, retailers, sales representatives or agencies of any of them (individually and collectively, "Entities"), or any of their respective officers or directors, or any persons or entities directly associated with the Contest, or any members of the households or immediate families of such persons. Neither the Entities, nor any of their officers, directors, shareholders, employees, agents or representatives, or any of such persons successors, assigns or licensees (individually and collectively, "Releasees") are responsible for Submissions from Entrants residing, or physically located, outside the Territory, or Submissions that are altered, defective, delayed, deleted, destroyed, fraudulent, improperly accessed, inaccurate, incomplete, interrupted, invalid, late, lost, misrouted, multiple, non-delivered, stolen, tampered with, unauthorized or unintelligible; or for lost, interrupted or unavailable network, server or other connections; miscommunications; failed phone, computer hardware or software or telephone transmissions; technical failures; unauthorized human intervention; traffic congestion; garbled or jumbled transmissions; undeliverable e-mails resulting from any form of active or passive e-mail filtering; insufficient space in Entrant’s e-mail account to receive e-mail; or other errors of any kind, whether due to electronic, mechanical or human error or other causes, even if caused by the negligence of any of the Releasees. Each of such potential Submissions will be disqualified. This Contest is subject to all applicable federal, state, local and municipal laws and regulations.
3. PRIZES: a. FIVE (5) GRAND PRIZES: Five (5) Grand Prize Winners (each a “Winner”) will be selected to each win one (1) Grand Prize. The selection process is further detailed below in Section 4. Each Grand Prize will consist of a one-thousand dollars ($1000) cash prize, and one (1) case of REV. products. The Winners shall also be required to negotiate a Personal Services Agreement to act as a REV Spokesperson as detailed in Section 8. ARV of each Grand Prize: $1,000
b. PRIZE CONDITIONS: All Prizes are not assignable or transferable. No substitution allowed except at Sponsor’s sole discretion a prize of equal or greater value may be substituted. All prizes will be awarded, provided they are validly claimed on or about 12/31/08, after which no alternate winner(s) will be selected, nor any unclaimed prize awarded. Prizes are not redeemable by Winner for cash value. Any portion of a prize not accepted or used by the Winners will be forfeited. All taxes and reporting consequences thereof associated with the receipt or use of Prize are solely the responsibility of the Winners who will receive an IRS Form 1099 reflecting the final actual value of the Prize. Winners may be required to supply a Social Security or taxpayer ID number prior to the award of any Prize.
4. SELECTION OF WINNERS: Each Entrant will be able to earn a maximum point total of 100 points based on the following weighted criteria (explained in detail below): 75% Judges Evaluation of the Submission and 25% Website Activity. The five highest scoring eligible Entrants will be deemed the Grand Prize Winners.
a. Judges Evaluation of Submission: A panel of several judges appointed by Sponsor will review each eligible Entrant’s Submission and assign each Entrant a score up to a maximum of 75 points broken down and based on the Judges’ impressions as listed below. Judges will evaluate multiple entries, including photographs, and entry videos submitted by an entrant, but only the highest scoring entry will be tabulated in the final Judge’s evaluation of submission score. The panel of several judges appointed by Sponsor will review each eligible Entrant's submission and assign each Entrant a score up to a maximum of 75 points, based on the Judge's sole discretion of how well Entrants answer the following questions:
* Why do you like REV. ?
* Why should you be the REV. Spokesperson?
* How do you "do it all"?
Website Activity: Entrants will also be able to receive a maximum of 25 points based on their interaction with the Website (“Website Activity”). Website Activity must be performed by Entrant while logged in to the Website to be eligible for point accumulation. Points are awarded one-time for usage of each of the following tools, no matter how many times they're used. Total potential value, 25
• Upload photo, 3;
• Share an event on your calendar with another user, 5;
• Post blog, 5;
• Add a comment to another users blog, 3;
• Complete the quiz on the Personal Coach, 4;
• Upload Video, 5.
In the event of a tie, the tied Entrant receiving the highest Judges’ Evaluation score for his/her tabulated Submission shall win. If a further tie ensues, the tied Entrant whose Entry Statement was scored highest will be deemed the winner.
5. GRAND PRIZE WINNER NOTIFICATION: Each Winner is subject to verification, including without limitation, verification of eligibility, compliance with these Official Rules and completion of release forms (described below). All Entrants agree to be bound by these Official Rules and the decision of the Judges and Sponsor, whose decisions are final and binding. Potential winners will be notified by phone/express mail to the phone number/address listed as part of the entry process beginning on or about January 1, 2008. Each Winner (parent or legal guardian if winner is under the age of majority in his state of residence) may be required to submit to a confidential background check to help ensure that each such person’s participation in the Contest will not, in Sponsor’s sole discretion, bring Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Contest or any person or entity involved with the Contest. Each Winner (parent or legal guardian if winner is under the age of majority in his state of residence) and his or her guest (if applicable) will be required to execute an Affidavit of Eligibility, a Liability Release and where lawful, a Publicity Release or other documentation relating to the applicable Prize within 10 days of Prize notification. If Winner fails to respond within 10 days, if attempted notification is returned as undeliverable, if any such person cannot be verified, or if the Entrant is otherwise unable to accept or rejects any portion of the Prize, Prize will be forfeited and may be awarded to an alternate Entrant provided sufficient time remains, in Sponsor’s discretion, and such Winner may be disqualified. Time is of the essence in accepting each Prize. Each Entrant selected as a potential Winner of any Prize must comply with all terms and conditions set forth in these Official Rules, and winning is contingent upon fulfilling all such requirements. Winners will be announced on the Website to the general public after the winner’s eligibility is confirmed in a staggered fashion, at least one per week, for the period of four to five weeks. These announcements will start on or about January 10, 2008.
If Sponsor shall desire to secure additional assignments, releases, certificates of engagement for the Submission or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of the agreements hereunder, then each Entrant agrees to sign the same upon Sponsor’s request therefore (without any need for any additional consideration).
6. CONDITIONS: By participating, Entrants and Winners agree to release and hold harmless Releasees from any and all liability, for loss, harm, damage, claim, injury, cost or expense whatsoever including without limitation, property damage, emotional injury, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in the Contest, and for any claims based on publicity rights, defamation or invasion of privacy. All Entrants and Winners further agree that no Releasee has made any warranty, representation or guarantee express or implied, in fact or in law, with respect to the Prize(s), including, without limitation, to such Prize’s quality or fitness for a particular purpose and that the Releasees are not responsible for claims, injuries, losses, illness, litigation or damage of any kind resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of a Prize or participation in this Contest or in any activity or travel related thereto or from any interaction with, or downloading of, computer Contest information; each Winner’s acceptance of a Prize constitutes the grant of an unconditional right to use winner’s Submission (including without limitation winner’s Entry Video, Entry Photo or Entry Statement), name, address (city and state only), voice, likeness, photograph, biographical and Prize information and/or statements about the promotion for any publicity, advertising and promotional purposes without additional compensation, except where prohibited by law, and hereby releases the Releasees from any liability with respect thereto. In the event viruses, bugs, unauthorized human intervention, Acts of God, acts or regulations of any governmental or supra-national authority, war, national emergency, accident, fire, riot, strikes, lock-outs, industrial disputes, acts of terrorism or other matters beyond the Releasees’ reasonable control, corrupt, prevent or impair the administration, security, fairness or proper play of this Contest, so that it cannot be conducted as originally planned, except where prohibited by law, Sponsor has the right to cancel, terminate or suspend the Contest; and in such event, to select from among all eligible Submission received up to such time of cancellation, termination or suspension, or to cancel the Contest and not award any Prize, in Sponsor’s sole discretion. The Releasees are not responsible for typographical or other errors in the offer or administration of this Contest, including but not limited to: errors in the advertising, these Official Rules and selection and announcement of the Winners; or for any inability of a Winner to accept or use a Prize (or any portion thereof) for any reason. In the event that any person attempts to defraud or in any manner tamper with this Contest, he/she will be ineligible for a Prize and will be prosecuted to the full extent of the law; and in the event that any dispute arises regarding the meaning or interpretation of these Official Rules, it is agreed that the dispute shall be resolved by applying the laws of the State of New York by and within the Federal or New York State courts located in the County of New York.
CAUTION: SPONSOR RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISQUALIFY ANY INDIVIDUAL WHO IS FOUND TO BE TAMPERING WITH THE ENTRY PROCESS OR THE OPERATION OF THE CONTEST OR THE WEBSITE, 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 CONTEST, 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. ANY ATTEMPT BY AN ENTRANT OR VOTER TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE 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.
7. USE OF DATA: Sponsor will be collecting personal data about Entrants online, in accordance with its privacy policy. Please review the Sponsor’s privacy policy on the web site by clicking Privacy Policy. (http://www.rev-life.com/PrivacyPolicy/tabid/90/Default.aspx) By participating in this Contest, Entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy.
8. PERSONAL SERVICES AGREEMENT:As a condition of accepting the prize, Grand Prize Winner shall be required to negotiate and execute a Personal Services Agreement (“PSA”) with Sponsor or an alternate winner may be chosen. PSA will set forth winner’s responsibilities as Sponsor spokespersons, if any. The PSA may require, among other things, (1) that Sponsor has the right but not the obligation to require Winner to make one or more personal appearances at a time and location selected by Sponsor such as appearing on video news release and/or any other public relations activity; (2) that Sponsor may require Winner to blog about Sponsor’s product on websites of the Sponsor’s choosing; and (3) that Winner permit the use of his/her name, likenesses or identifying information for promotional, publicity or advertising purposes in any media including print, TV, radio and online media, without time or geographic limitations. Notwithstanding any of the above, Sponsor’s sole obligation under the PSA is to award the Winner with the Grand Prize outlined in the "Prizes" Section of these Official Rules. Sponsor will have no obligation to use the Winner’s services or name or likeness in any manner whatsoever. In the event the Winner fails to execute a PSA by a date specified by Sponsor, they will forfeit the entire Grand Prize and an alternate winner may be selected from among the remaining Submissions (time permitting). Sponsor reserves the right to not use any service under a Personal Services Agreement at the Sponsor’s sole discretion.
9. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each Entrant hereby acknowledges and agrees that the relationship between the Entrant and the Releasees is not a confidential, fiduciary, or other special relationship, and that the Entrant’s decision to provide the Submission to Sponsor for purposes of the Contest does not place the Releasees in a position that is any different from the position held by members of the general public with regard to elements of the Entrant’s Submission. Each Entrant understands and acknowledges that the Releasees have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each Entrant also acknowledges that many ideas or stories may be competitive with, similar or identical to the Submission and/or each other in theme, idea, plot, format or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of Releasees' use of any such similar or identical material that has or may come to Releasees, or any of them, from other sources. Each Entrant acknowledges and agrees that the Releasees do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the Releasee’s copyright in and to the Submission. Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of any Releasees' actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of any Submission or any other product based on or allegedly based on the Submission, and Entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
10. DATES & DEADLINES/ANTICIPATED NUMBER OF CONTESTANTS: Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Sponsor cannot accurately predict the number of Entrants who will participate in the Contest. Sponsor reserves the right to not choose a Winner or award any Prize if it does not receive a sufficient number of eligible and qualified Submissions.
11. THIRD PARTY RIGHTS: Sponsor respects the rights of others. The Website may contain materials of third parties and Sponsor may also transmit and store such third party materials, including materials created by Entrants. As a result, materials of third parties, not owned or controlled by Sponsor, are included in the Website or are stored or transmitted over Sponsor’s digital online communication systems. To the best of Sponsor’s knowledge, these materials do not infringe the rights of others. Upon receipt of proper notice of claimed infringement, Sponsor will respond expeditiously to resolve the claim between the notifying party and the alleged infringer who provided the materials in issue, including, where applicable, removing or disabling access to materials claimed to be infringing. The proper party to whom you should address such notice is support@rev-life.com.
12. WINNER'S NAMES: To obtain copy of any legally-required Winners list, send a self-addressed stamped envelope (VT residents may omit return postage) postmarked after January 10, 2009 and received by January 31, 2009 or visit Website during period mentioned in Section 5.
13. SPONSOR: The Sponsor of this Contest is K+S North America, 201 E 42nd Street, Suite 1808, NY, NY 10017.