“Beats – Luck of the Stylish Contest”
NO PURCHASE IS NECESSARY TO ENTER OR WIN
YOUR PARTICIPATION IN THIS CONTEST IS SUBJECT TO YOUR AGREEMENT TO THE OFFICIAL RULES OUT IN THIS DOCUMENT. PLEASE DO NOT ENTER THE CONTEST IF YOU DO NOT AGREE WITH THESE OFFICIAL RULES.
- CONTEST: Luck of the Stylish (the “Contest”).
- SPONSOR:Beats Electronics, LLC (“Beats”), 1601 Cloverfield Boulevard, Suite 5000N, Santa Monica, California 90404, USA. Beats advertisers, marketers, agents, promoters and other third parties through which we may publicize the Contest (such as social media platforms) do not endorse or sponsor, and are not otherwise affiliated with, the Contest. Any questions, comments or complaints regarding the Contest should be directed to Beats. This Contest is in no way promoted, endorsed or administered by, or associated with, Twitter or Instagram.
- CONTEST PERIOD: The Contest starts on or about 10am (PST) on March 4th, 2013 and ends at 12am (PST) on March 18th , 2013 (the “Contest Period”). A computer owned by Beats will be the official time-keeping device for the Contest.
- ENTRIES: Eligible entrants must go post a photo on Instagram or Twitter that meeting the Photo Guidelines noted below. Photos entered into the contest (each, a “Photo”) should meet the following guidelines (“Photo Guidelines”): (a) the Photo should contain no people other than the Entrant themselves, (b) with a Beats product and (c) showcasing their St. Patrick’s Day style. Photo captions must include #beatsluck. Instagram accounts must be public in order for entries to be eligible. Entry Photo must be of good quality and clearly depict the Photo Guidelines. There is a limit of one Photo entry per person. Each Photo entry must be unique in content. Subsequent entries submitted by the same Entrant are void. By submitting a photo on Instagram or via Twitter with the hashtag #beatsluck entrants agree to the terms set forth in these Official Rules.
By entering, entrants agree to comply with and be bound by these Official Rules including all eligibility requirements. Beats reserves the right to verify eligibility of all entrants. Illegible and/or incomplete entries and entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Beats and their agents are not responsible for lost, late, or misdirected entries, for technical, hardware or software failures of any kind, for lost or unavailable network connections, or for failed, incomplete, garbled or delayed computer transmissions or any human error which may occur in the receipt or processing of the entries. Proof of entering information at a website does not constitute proof of delivery or receipt. Beats reserves the right to modify the scheduling of the Contest without prior notification.
Beats may prohibit an entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines such entrant is attempting to undermine the legitimate operation of the Contest in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other parties or representatives of Beats.
- ELIGIBILITY: The Contest is open to all legal residents of the fifty (50) United States and the District of Columbia (excluding Rhode Island), who (1) have a Twitter or Instagram account, (2) are over the age of majority in the jurisdiction in which they reside at the time of entry, and (3) have Internet access, but is void in Puerto Rico, the U.S., Virgin Islands, U.S. Military installations in foreign countries, all other U.S. territories and possessions, and where prohibited or restricted by law. Employees, officers, and directors of Beats, its respective divisions, subsidiaries, affiliates, advertising and Contest agencies and such other parties responsible for the development and administration of this Contest, and the immediate family members (spouse, and parents, children and siblings, and their respective spouses regardless of where they live) and individuals living in the households, of the above, whether related or not, are not eligible to participate. The Contest is subject to all applicable federal, state and local laws and regulations. By participating in the Contest, and/or accepting a prize, to the maximum extent permitted by law, entrants agree to release Beats, Twitter and their respective directors, managers, employees, officers, and agents, including without limitation, Beats’ advertising and Contest agencies, from any and all liability, loss or damages arising from or in connection with the Contest and, if declared a winner, the awarding, receipt, and/or use or misuse of a prize or participation in any prize-related activities.
- AFFIDAVIT: The winner of the Contest will be required to execute and return a declaration or affidavit of eligibility, prize acceptance, liability & publicity release (except where prohibited) (the “Affidavit”) immediately on-site prior to receipt of their prize. Without limiting the above, forfeiture of a prize, in whole or in part, may result from any of the following at Beats’ discretion: (1) failure of a potential winner to execute and return an Affidavit (and a completed IRS Form W-9 if required by Internal Revenue Service regulations for residents of the United States or such similar document as may be required by the laws of the country of residence of the winner); and (2) any other non-compliance with these Official Rules. The inability of a potential winner to accept or receive the prize for any reason, and/or the non-acceptance by a potential winner of any prize for any reason will result in disqualification of such potential winner, and an alternate winner will be selected.
- WINNER SELECTION; NOTIFICATION; ODDS OF WINNING: The prize winner of the Contest will be determined by Beats marketing and promotions team (collectively, the “Judges”) beginning on or about March 4, 2013 and continuing through March 31, 2013 (the “Judging Period”). Entries may be judged during the Contest Period as they are recieved.
Each photo entry must feature only the entrant themselves, and must not include the image or likeness of any other persons or image of material that you do not own, or that you do not have permission from the copyright / trademark owner to use. Selection by the Judges will be based on the following factors: (i) the creative design and display of the entry photo demonstrating artistic skill and merit with reference to the mandate to create a self-portrait image to show your St. Patrick’s Day style, (ii) originality and creativity, (iii) interpretation of and consistency with the look and feel of Beats’ marketing campaigns, and (iv) their respective determination of appeal to Beats’ overall consumer base.
The Judges’ decision making will be final and binding in all matters relating to this Contest. Odds of winning will depend upon a combination of: (i) the total number of eligible entries received over the course of the Contest Period; and (ii) the final judgment of the entry as determined by the Judges. The winner of the Contest will be notified by e-mail using the email address linked to the Instagram and/or Twitter account which provided the Entry within five (5) days after their selection during the Judging Period. Please check your email and spam filters. If the Contest winner has not responded within twenty-four (24) hours of the sending of notification by Beats, an alternate winner may be selected by Beats in its sole discretion (and will be subject to disqualification in the same manner). The winner of the Contest will be required to execute and return a declaration or affidavit of eligibility, prize acceptance, liability & publicity release (except where prohibited) (the “Affidavit”). Without limiting the above, forfeiture of a prize, in whole or in part, may result from any of the following: failure of a potential winner to execute and return an Affidavit (and a completed IRS Form W-9 if required by Internal Revenue Service regulations for residents of the United States or such similar document as may be required by the laws of the country of residence of the winner), by the deadline specified in the notification; the return of any notification or prize as undeliverable; any other non-compliance with these Official Rules. Beats is not responsible for the failure for any reason whatsoever of a potential winner to receive any notification from Beats, or for the failure of Beats to receive any response or Affidavit from a potential winner. Return of any notification or Affidavit as undeliverable, the inability of Beats to contact a potential winner, the failure of a potential winner to contact Beats in a timely manner, the inability of a potential winner to accept or receive a prize for any reason, and/or the non-acceptance by a potential winner of any prize for any reason will result in disqualification of such potential winner, and an alternate winner will be selected by the Judges in accordance with the noted judging criteria from the remaining eligible entries received. In the event that, for whatever reason, Beats cannot select a winner after any attempt, including, without limitation, because a potential winner does not respond, refuses to accept a prize or for any of the other reasons identified in these Official Rules, Beats may, in its sole discretion, terminate the Contest and/or reduce the number of prize winners.
- PRIZE: The following one (1) prize will be awarded: a Beats green product package consisting of (a) one (1) pair of custom green Studio headphones (ARV $300); (b) one (1) pair of green Studio headphones (ARV $300); (c) one (1) pair of custom green Mixr headphones (ARV $250) and (d) one (1) pair of green Powerbeats earphones (ARV $150). Total ARV of the prize is $1,000. Prizes are limited to one (1) prize per person. The winner will be required to provide specified personal information to facilitate the receipt and use of the prize, including your name and email address. Failure to comply with these terms will result in forfeiture of the prize. The winner will not be entitled to the difference, if any, between the stated approximate and actual retail value of the prize. No substitutions, cash equivalents, or transfers of prizes are permitted except at the sole discretion of Beats. Beats reserves the right to substitute a prize of equal or greater monetary value at any time in its sole discretion if the prize described above is no longer available. The winner is responsible for the payment of any applicable taxes on the prize, and for any and all other expenses that may be associated with receiving the prize, including without limitation, any costs associated with Internet access. Each prize is awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Beats reserves the right to verify eligibility of the winner.
- RELEASE AND LIMITATION OF LIABILITY: BY PARTICIPATING IN THE CONTEST, ENTRANTS AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS BEATS, ITS AFFILIATES, ITS ADVERTISING AND CONTEST AGENCIES, GAME SEVEN, TWITTER, AND EACH OF THEIR RESPECTIVE AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS AND EMPLOYEES (COLLECTIVELY, “RELEASEES”) FROM AND AGAINST ANY INJURIES, LOSSES, DAMAGES, CLAIMS, ACTIONS AND ANY LIABILITY OF ANY KIND RESULTING FROM OR ARISING FROM THE CONTEST OR ACCEPTANCE, POSSESSION, USE, MISUSE OR NONUSE OF THE PRIZE THAT MAY BE AWARDED, INCLUDING ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART. RELEASEES ARE NOT RESPONSIBLE FOR COMPUTER, PRINTING, TYPOGRAPHICAL, HUMAN, OR OTHER ERRORS, INCLUDING, WITHOUT LIMITATION, ERRORS WHICH MAY OCCUR IN THE ADMINISTRATION OF THE CONTEST, THE ANNOUNCEMENT OF THE PRIZE, THE PROCESSING OF ENTRIES OR IN ANY CONTEST RELATED MATERIALS; OR FOR ILLEGIBLE ENTRIES OR ENTRIES THAT FAIL TO ENTER INTO THE PROCESSING SYSTEM, OR ARE PROCESSED, REPORTED, OR TRANSMITTED LATE OR INCORRECTLY OR ARE LOST FOR ANY REASON INCLUDING COMPUTER, TELEPHONE, PAPER TRANSFER, HUMAN OR OTHER ERROR; OR FOR ELECTRONIC, COMPUTER, OR TELEPHONIC MALFUNCTION OR ERROR. IF IN BEATS’ OPINION, THERE IS ANY SUSPECTED OR ACTUAL EVIDENCE OF ELECTRONIC OR NON-ELECTRONIC TAMPERING WITH ANY PORTION OF THE CONTEST, OR IF COMPUTER VIRUSES, BUGS, UNAUTHORIZED INTERVENTION, FRAUD, OR TECHNICAL DIFFICULTIES OR FAILURES OR COMPROMISE OR CORRUPT OR AFFECT THE ADMINISTRATION, INTEGRITY, SECURITY, FAIRNESS, OR PROPER CONDUCT OF THE CONTEST, OR IF THE CONTEST CANNOT BE CONDUCTED AS DESCRIBED HEREIN FOR ANY REASON, BEATS RESERVES THE RIGHT AT ITS SOLE DISCRETION TO DISQUALIFY ANY INDIVIDUAL WHO TAMPERS WITH THE ENTRY PROCESS AND OR VOID ANY ENTRIES SUBMITTED FRAUDULENTLY, TO MODIFY OR SUSPEND THE CONTEST, OR TO TERMINATE THE CONTEST WITH OR WITHOUT NOTICE. AS A CONDITION OF ENTERING THE CONTEST, ENTRANT AGREES THAT: A. UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES; AND B. ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, BUT IN NO EVENT ATTORNEYS FEES.
- GENERAL TERMS: Beats reserves the right to make changes or additions to these Official Rules and/or extend the dates of the Contest Period for this Contest for any reason at any time. Beats’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY ALTER OR DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, BEATS AND ADMINISTRATOR RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
(a) Binding Arbitration. Each entrant agrees that any dispute, controversy or claim related to these Official Rules (a “Claim”), to the extent unable to be resolved through mutual negotiations continuing for a period of at least thirty (30) days, may, upon the delivery of a written election of either the entrant, on the one hand, or Beats or Administrator (each a “Contests Party”), on the other hand, with the exception of those Claims expressly excluded in paragraph 12.e., be finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Official Rules. In the event of a conflict between the terms set forth in these Official Rules and the JAMS Rules, the terms set forth in these Official Rules will control and prevail. Except as otherwise set forth in paragraph 12.e., an entrant may seek any remedies available to him or her under federal, provincial, state or local laws in an arbitration action. As part of the arbitration, an entrant and any Contests Party will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Official Rules, (i) an entrant and any Contests Party may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision is final, binding on all parties and enforceable in any court that has jurisdiction. BY AGREEING TO THIS ARBITRATION PROVISION, EACH ENTRANT UNDERSTANDS THAT HE OR SHE IS WAIVING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
(b) Arbitration Fees. If an entrant initiates arbitration for a Claim, he or she will only need to pay an arbitration initiation fee of $250 and the applicable Contests Party will pay all other costs charged by JAMS for initiating the arbitration. If a Contests Party is initiating arbitration for a Claim, such Contests Party will pay all costs charged by JAMS for the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules. No entrant will be required to pay a Contests Party’s attorneys’ fees or other costs if he or she does not prevail in the arbitration. No entrant will seek attorneys’ fees in the event they are deemed the prevailing party.
(c) Location. The arbitration will take place in the entrant’s hometown area if the entrant so notifies the applicable Contests Party in his or her notice of arbitration or within then (10) days following receipt of an applicable Contests Party’s arbitration notice. In the absence of a notice to conduct the arbitration in the entrant’s hometown area, the arbitration will be conducted in Los Angeles, California, unless the parties agree to video, phone and/or internet connection appearances. Any Claim not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided exclusively by a court of competent jurisdiction in Los Angeles, State of California, United States of America, and each entrant agrees to submit to the personal jurisdiction of that court.
(d) Restrictions. Each entrant agrees that any arbitration shall be limited to the Claim between a Contests Party and each such entrant individually. EACH ENTRANT FURTHER AGREES THAT
(A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES;
(B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND
(C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER.
(e) Exceptions to Arbitration. Each entrant agrees that the following Claims are not subject to the above provisions concerning binding arbitration:
(a) any Claims seeking to enforce or protect, or concerning the validity of, any intellectual property rights of a Contests Party;
(b) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and
(c) any claim for injunctive relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such courts’ jurisdiction in lieu of arbitration.
(f) Governing Law. Except as otherwise provided in these Official Rules, these Official Rules will be governed by, and will be construed under, the laws of the State of California, without regard to its choice of law principles.
(g) Severability. Each Entrant agrees that if any portion of this paragraph 12 is found illegal or unenforceable (except any portion of paragraph 12.e.), that portion shall be severed and the remainder of the Section shall be given full force and effect. If paragraph 12.e. is found to be illegal or unenforceable then no entrant will elect to arbitrate any Claim falling within that portion of paragraph 12.e. found to be illegal or unenforceable and such Claim shall be decided exclusively by a court of competent jurisdiction within Los Angeles, State of California, United States of America, and entrant agrees to submit to the personal jurisdiction of that court.
LIMITATIONS ON DAMAGES, VENUE, AND RESTRICTIONS ON CLASS ACTIONS ARE NOT PERMITTED IN ALL JURISDICTIONS AND SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- WINNER CONFIRMATION: An entrant may request the name of the winner by sending a self-addressed, stamped business-size (#10) envelope to: Beats Electronics, LLC, Luck of the Stylish Contest – Confirmation Request, 1601 Cloverfield Boulevard, Suite 5000N, Santa Monica, California 90404. Requests must be postmarked within five (5) calendar days after the end of the Contest Period and received within ten (10) business days after the end of the Contest Period.