GNARLY HEAD ‘UNLEASH YOUR GNARLY’ CAPTION CONTEST - OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. This contest is sponsored by Gnarly Head Wines, 12001 S. Highway 99, Manteca, CA 95336 (the "Sponsor").
1. ELIGIBILITY: The Gnarly Head ‘Unleash Your Gnarly’ Caption Contest ("Contest") is open only to individuals who are legal residents of the 50 United States and the District of Columbia (except the States of Illinois, Utah and Tennessee, and where prohibited by law or restricted by law), who are 21 years of age or older. All applicable federal, state and local laws apply. The following individuals are not eligible: employees, contractors, directors and officers of Gnarly Head Wines ("Sponsor") and each of its respective parent, subsidiaries and affiliated companies, distributors, wholesalers, retailers, suppliers, web design, advertising, fulfillment, judging and Contest agencies involved in the administration, development, fulfillment and execution of this Contest (collectively, "Contest Parties"), and the immediate family members (spouse, parent, child, sibling and spouse or "step" of each) and those living in the same households of each such individual.
2. TO ENTER: Create an original caption for the featured weekly picture that is 250 characters in length or less ("Caption" or "Submission"). Refer to Rules 3-4 below for more details regarding the requirements for your Caption. There will be five weekly contests which are scheduled to run between:
Enter your Caption in the Contest by following the entry process outlined below.
IMPORTANT: You must complete all of the following steps in order to ensure your Caption is submitted into the Contest:
A. REGISTRATION
If you do not complete this registration step, your Caption will not be submitted for review and possible inclusion into the Contest or eligible for a prize. Registration must be completed by 11:59:59 PM ET on the scheduled weekly entry periods or your Caption will not be submitted into the review process for the Contest.
Submissions that do not include all required information and do not adhere to the foregoing and following requirements will be considered void and will not be considered in the judging of this Contest. Each Contestant is allowed a maximum of one (1) entry per Facebook Account for each weekly picture featured in the Contest. Captions submitted in the Comments Section of the Gnarly Head Facebook page will not be considered in the judging of this Contest.
3. CONDITIONS OF ENTRY: As conditions of entry into this Contest, and by entering a Submission, Entrant warrants and represents that the Submission:
Entrant represents that he/she owns all rights to his/her Submission. Entrant further represents and warrants that the Entrant has obtained permission from each person whose name ("Likeness") is included in the Submission, and that such person(s) have granted Entrant all necessary rights to use the person's Likeness as described in these rules, and that Entrant can make written copies of such permissions available to the Sponsor upon request. Sponsor's determination as to whether the Submission potentially violates the rights of any third party is final.
By entering a Submission, Entrant irrevocably grants Sponsor and its affiliates, legal representatives, assigns, agents and licensees, the unconditional and perpetual right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), the Entrant's Submission, including, but not limited to, the language contained therein (in each case, as submitted or as edited/modified in any way by the Sponsor, in its sole discretion), as well as to use Entrant's name, likeness, photograph (collectively, "Likeness"), and/or statements regarding his/her participation in this Contest (with or without using the Entrant's name) in any and all media without limitation as to time or territory, and without additional compensation or approval from the Entrant or any other party. Entrant waives intellectual property rights, privacy/publicity rights or other legal or moral rights that might preclude the Sponsor's use of the Submission, and agrees not to sue or assert any claim against the Sponsor for the use of the Submission or Entrant's Likeness or statements.
Entrant agrees to indemnify and hold Sponsor, its agencies and Contest Parties and their respective affiliates, officers, directors, agents, co-branders or other partners, and any of their employees (collectively, the "Indemnitees"), harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of the Indemnitees due to or arising out of the Entrant's Submission, or the Entrant's conduct in creating a Submission or otherwise in connection with this Contest, including but not limited to claims for trademark infringement, copyright infringement; violation of an individuals right of publicity or right of privacy; or defamation. Entrant further agrees to release Sponsor from any and all claims that any advertising subsequently produced, presented, and/or prepared by or on behalf of Sponsor infringes Entrant's rights with regard to any elements, characters or ideas contained in any Submission.
Choice of Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the substantive laws of the State of California, USA.
4. SUBMISSION FORMAT AND CONTENT REQUIREMENTS:
Creative Assignment:
Create the gnarliest caption for a gnarly picture.
What’s the big idea?
For the first year, Gnarly Head is on a mission to discover the gnarliest captions to a set of gnarly pictures. So dust off your writer’s pen, put on your thinking caps and submit an “ama-Zin” caption by putting your own gnarly twist on it.
Judging Criteria: The judging criteria are as follows:
Technical Requirements: The Caption must be 250 characters or less in length and must be in English. Once you register your Caption in the Contest, your Submission is final and may not be modified or edited. No Submissions will be returned. The person named as the registered owner of the Facebook Account associated with the Submission and named on the Contest Registration form for the Submission will be deemed the entrant ("Entrant"). In the event of dispute regarding the identity of an Entrant, dispute will be resolved in favor of the individual who is the "authorized email account holder" of the email address provided. "Authorized email account holder" is defined as the natural person assigned an email address by an Internet access provider, online service provider, or other organization (i.e., business, education institution) responsible for assigning email addresses for the domain associated with the submitted email address. If any group of individuals elects to collaborate on a Submission, they are required to designate one (1) representative to enter the Contest and accept the prize on behalf of the group. Neither Sponsor nor any of the Contest Parties are liable for any disputes between collaborators related to a Submission. Please note the following:
5. PRIZES: ONE (1) GRAND PRIZE FOR EACH CONTEST: A Gnarly Head Fixed Gear Bike. Assembly Not Included. Total of five (5) prizes. Approximate Retail Value ("ARV") of Grand Prize is $125. ARV of all prizes is $625.
No cash or other substitution may be made, except by the Sponsor, who reserves the right to substitute a prize in whole or in part with another prize of comparable or greater value if the intended prize is not available for any reason as determined by the Sponsor at Sponsor's sole discretion.
6. SELECTION OF WINNERS:
7. GENERAL CONDITIONS: Potential winners will be required to irrevocably assign and transfer to Sponsor any and all rights, title and interest in his/her Entry, including, without limitation, all copyrights, and agree to waive all moral rights in that Entry. Winners will be required to complete, sign and return an Affidavit of Eligibility, Liability Release, Copyright Assignment and, where lawful, a Publicity Release. In addition, winner will be subject to a background check. All completed documents must be returned to Sponsor within 5 days of the date notice was sent or winner’s status will be forfeited and an alternate winner may be selected. Notification of winner’s status must be kept confidential until their Entries are publicly revealed by Sponsor. The Grand Prize Winners may also be required to sign additional documents, as deemed necessary by Sponsor in its sole discretion. Grand Prize Winners are solely responsible for any taxes on their respective prize, and will receive an IRS Form W-2G if the value of their prize exceeds $600. No substitution of prize is offered, except at the sole discretion of the Sponsor. Prizes are non-transferable. If for any reason the Contest is not capable of running as planned, including without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, at its sole discretion to cancel, modify or terminate the Contest. Further, 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 any Sponsor; (b) violating the Official Rules, or (c) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Sponsor reserves the right to require Grand Prize Winners to submit to a confidential background check to confirm eligibility as a condition of awarding the prize to help ensure that the use of any such person in advertising or publicity for the Contest will not bring Contest Parties into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Contest as determined by Sponsor in its sole discretion.
8. LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsor or Contest Parties resulting from any user's participation in or attempt to participate in the Contest or ability or inability to upload any information in connection with participating in the Contest. No responsibility or liability is assumed by the Sponsor or Contest Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Contest: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any email transmissions to be sent or received; lost, late, delayed or intercepted email transmissions; inaccessibility of the Website in whole or in part for any reason; traffic congestion on the Internet or the Website; unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Contest. Sponsor and Contest Parties are not responsible for any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Website. Use of Website is at user's own risk. Sponsor and the Contest Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment resulting from participation in the Contest, use of the Website or the download of any information from the Website. By participating in the Contest, the Entrant releases Sponsor and Contest Parties from any and all claims, damages or liabilities arising from or relating to such Entrant's participation in the Contest. By accepting a prize in the Contest, Winners agree that the Sponsor and Contest Parties shall not be liable for any loss or injury resulting from participation in the Contest, acceptance or use of any prize. Sponsor and Contest Parties are not liable in the event that any portion of the Contest is cancelled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control (a "Force Majeure Event").
9. WINNER LIST: For a list of the Grand Prize Winners, visit www.facebook.com/gnarlyheadwines or send a self addressed, stamped, envelope to: "Gnarly Head Unleash Your Gnarly Caption Contest Winner’s List”, c/o One Line Sports Agency, P.O. Box 610505, Bayside, NY 11361-0505. VT residents may omit return postage. Requests must be received by July 15, 2013.
10. SPONSOR: Gnarly Head Wines, 12001 S. Highway 99, Manteca, CA 95336.
ADMINISTRATOR: One Line Sports Agency, Inc., 210-50 41st Ave, Suite 2G, Bayside, NY 11361.