CLIQUE VODKA’S (hereinafter the “Sponsor”) #CLIQUESHOTS
Official Contest Rules
ALL DECISIONS FOR ACCEPTANCE OF A SUBMITTED PHOTOGRAPH, AND WHETHER IT CONFORMS WITH THE CONTEST RULES, IS ULTIMATELY CHOSEN AND A PRIZE IS AWARDED IS AT THE SOLE DISCRETION OF THE JUDGE.
BY ENTERING THIS CONTEST, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES (HEREINAFTER THE “RULES”). FAILURE TO COMPLY WITH ANY OF THE RULES WILL RESULT IN DISQUALIFICATION.
- INTRODUCTION. The “#CliqueShots” (the “Contest”) gives participants the opportunity to share a photo of the submitting party (hereinafter the “Entrant”) featuring a Clique Vodka bottle, display, your billboard or other promotional item and if he entries deemed a winning entry (“Winner”), then the Entrant will receive a shot glass with the submitted photograph imprinted on it from the Sponsor (hereinafter the “Prize”). The details of the Prize and how to enter the Contest are contained in these Rules. The Entries are screened by one or more judges (collectively, the “Judge”) for conformance to these Rules.
- AGREEMENT TO RULES. Participation in this Contest constitutes Entrant’s full and unconditional agreement to these Rules, to Sponsor’s decisions and to Entrant’s certification as to eligibility, which are final and binding in all matters related to this Contest. Winning any Prize is contingent upon fulfilling all requirements set forth herein, including consent, review and approval of the results of a confidential background check, if Sponsor requires one.
- ELIGIBILITY. This Contest is open to legal residents of the 48 contiguous United States and District of Columbia, EXCLUDING: ALABAMA, ALASKA, HAWAII, TENNESSEE, PUERTO RICO AND ALL OFF-SHORE U.S. TERRITORIES AND POSSESSIONS. ENTRANTS MUST BE AT LEAST 21 YEARS OF AGE OR OLDER AT TIME OF ENTRY. Entrant must also have obtained all necessary permissions from anyone else featured in his/her Submitted Photo, including permission from parents or legal guardians of minors including in such Submitted Photo. No responsibility is assumed for any disputes which may arise among an Entrant and any individual who may have a collective/creative interest in any Submitted Photo in connection with this Contest. Such disputes will not be resolved by Sponsor. In the event that any such dispute interferes with the operation of the Contest, the Entrant(s) involved in the dispute may be disqualified, in Sponsor’s sole discretion. THIS CONTEST IS VOID WHEREVER PROHIBITED OR RESTRICTED BY LAW.
There are NO special promotions for residents of Alabama, Alaska, Hawaii, or Tennessee, or where otherwise prohibited by law.
By participating in this Contest, Entrant: (a) agrees to be bound by these Rules and by the interpretations of these Rules by Sponsor and by the decisions of the Judge and the Sponsor, which are final in all matters relating to the Contest; (b) to indemnify, release and hold harmless the Released Parties (defined in paragraph immediately below) against any and all claims, injury or damage arising out of or relating to participation in this Contest and/or use or misuse or redemption of any Prize; and (c) acknowledge compliance with these Rules.
Employees and their immediate families (i.e., parents, spouse, children, siblings, grandparents, step- parents, step-children and step-siblings) of Premier Innovations, Inc. (“Premier”), and Clique Vodka Limited (“Clique”), (Premier and Clique are collectively referred to as the “Sponsors”), A Shot To Remember (“A Shot To Remember”) and each of Sponsors’ respective affiliated companies, sponsors, subsidiaries, advertising agencies and third party fulfillment agencies, and their respective agents, employees, officers, directors, successors and assigns (collectively, with Sponsors, the “Released Parties”) are not eligible to enter this Contest.
Each Entrant is required to sign as a condition of entry: (a) an affidavit of eligibility and liability release to release Sponsors and any sponsoring entities and their respective employees, from any and all liability, claims, demands and causes of action for personal injury and/or damage, theft, loss, or any other harm suffered in connection with this Contest or the use or acceptance of any of promotional opportunities and/or prizes received; (b) except where prohibited, a promotional release granting the right to use his or her name and likeness for advertising and publicity purposes without additional compensation; (c) any relevant tax documentation; and (d) upon Sponsors’ request, any additional legal documentation to confirm Sponsors’ ownership and rights in and to the Submitted Photo. Entry into this Contest constitutes each Entrant’s agreement to such affidavit and release form(s). A potential Entrant’s failure to sign and return any documents when requested may result in disqualification and selection of an alternate winner. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY ENTRANT WILL RESULT IN SUCH ENTRANT’S DISQUALIFICATION AS A POTENTIAL WINNER OF THIS CONTEST. Upon receipt of the Prize Entrant is required to comply with any and all applicable federal, state and local laws, rules and regulations.
- CONTEST PERIOD. The Contest commences at 12:00:01 PM Eastern Time (“ET”) on April 1, 2013 and ends at 11:59:59 PM ET on August 1, 2013 (the “Contest Period”). All entries must be received by 11:59:59 PM ET on July 15, 2013. The Contest Period is separated into daily entry periods (each a “Day”). A “Day” is defined as each twenty-four (24) hour time period beginning at 12:00:01 a.m. ET and ending at the following 11:59:59 p.m. ET. The time clock of the Sponsor is the official clock for this Contest.
- TO ENTER. There is one way to enter the Contest; Entrant MUST: (i) fill out all the required fields on the Contest entry form to be entered into the Contest including, without limitation, agreeing to the terms of these Officials Rules (incomplete or inaccurate entry forms are void); and (ii) submit a photo via electronic uplink featuring a Clique Vodka bottle or promotional item displaying the Clique logo.
All entries must be received and recorded within the Contest Period. Entrant MUST submit the photo to Sponsor (“Submitted Photo”) via Instagram at the #CliqueShots promotional location. The instructions for uploading your photo are on the web page of the website provided for the upload. Any Submitted Photos not received by Sponsor by July 15, 2013, will be automatically disqualified from the Contest. Any Submitted Photos sent to Sponsor in a format other than the formats listed above will be disqualified. No other form of entry other than as described herein is valid.
All entries submitted under this paragraph 5 in accordance with the Rules shall be hereinafter referred to as “Eligible Entries”. There is a limit of one (1) Eligible Entry per email address when using this entry method. If an Entrant uses multiple e-mail addresses to submit more than one online entry, only the first online entry will count. In the event of an identity dispute, entry will be considered made by the authorized subscriber of the e-mail account used to participate in the Contest or the registered owner of the email address associated with the Instagram account at the actual time of entry. Entrants must have a valid email address. The authorized account subscriber is defined as the natural person who is assigned an e-mail address by an Internet access provider, online service provider or other organization (e.g. business, education, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Entrants may be required to show proof of being the authorized account holder. By entering the Contest, the Entrant grants Sponsors the right to the use of Entrant’s address to receive marketing and other emails from Sponsors.
The odds of winning the Contest vary depending on the number of Eligible Entries received. All entries become the property of Sponsor, as applicable, and will not be acknowledged or returned. Eligible Entries not rejected by the Judge or the Sponsor for any reason will receive a Prize.
- ADDITIONAL REQUIREMENTS. Submission must be primarily in English. Limit one (1) Prize per person, household and/or email address throughout the Contest Period. In the event of any inconsistency between these Rules and the Terms of Service, the terms in these Rules shall prevail.
Each Submission must be the original work of the Entrant produced for this Contest; it may not have been entered in or won previous contests or awards (including previous contests of Sponsor); it may not have been published previously in any medium; it must not infringe any party’s intellectual property or other rights; it must be suitable for display and publication on national television (e.g. may not be obscene or indecent, including but not limited to nudity or profanity); it must not contain obscene or pornographic material, it must not contain defamatory statements (including but not limited to words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group), it must not include threats to any person, place, business, group or world peace, it must not invade privacy or other rights of any person, firm or entity, and it must not in any other way violate applicable laws and regulations or network standards.
Each Submission must not feature or refer to or reference any copyrights or other third party trademarks; (with the exclusion of Premier brand assets provided on the Web Site); it must not feature or reference any professional player(s); and it must not feature or reference any names or third party logos (other than the Premier brand logo), including but not limited to third party names, logos or trademarks on street signs, panoramic views, vehicle license plates, or clothing such as T-shirts, hats, etc.
Each Submission must not feature tobacco products (including cigarettes, cigars, pipe tobacco, chewing tobacco, and snuff), contraceptives, feminine hygiene products, fireworks, firearms and ammunitions, prescription drugs, illegal drugs and related drug paraphernalia, nutritional supplements, lotteries and gambling (including horse or dog racing and products or services related to gambling).
Each Submission must not utilize live animals unless the Entrant has obtained the consent of the animal’s owner and an affidavit from the animal owner or wrangler that the animal was not harmed in the making of the photo. Entrants are encouraged to contact the local Humane Society prior to filming the Submission to verify appropriate animal safeguards on set.
Sponsor reserves the right, in their sole discretion, to remove or blur or to ask the applicable Entrant to remove or blur any non-material elements (e.g., small logos on clothing, artwork hanging in the background, etc.) rather than disqualify an otherwise compliant Submission.
All Submissions will be reviewed for content before being published or judged; however, such review does not relieve Entrant from responsibility for compliance with all of the Terms of Service and these Rules. Submissions that do not comply in all material respects with the Terms of Services or these Rules or that otherwise contain prohibited, or inappropriate content as determined by the Sponsor, in its sole discretion, will be disqualified and will not be published or considered for prizes. Sponsor makes the final determination as to which Submissions are eligible to take part in this Contest and be considered for a Prize. Certain Submissions may be featured from time to time on the Web Site during the Contest Period and/or in Sponsor’s social media pages and channels, in Sponsor’s sole discretion.
BY ENTERING THIS CONTEST AND UPLOADING YOUR SUBMISSION, YOU IRREVOCABLY GRANT TO SPONSOR AND THEIR AGENTS THE UNCONDITIONAL AND PERPETUAL RIGHT TO POST, DISPLAY, PUBLISH, USE, ADAPT, EDIT AND/OR MODIFY SUCH SUBMISSION IN ANY WAY, IN ANY AND ALL MEDIA, FOR ANY PURPOSE, WITHOUT LIMITATION, AND WITHOUT CONSIDERATION TO YOU. FINALISTS AGREE TO IRREVOCABLY ASSIGN AND TRANSFER TO THE SPONSOR ANY AND ALL RIGHTS, TITLE AND INTEREST IN SUBMISSION, INCLUDING, WITHOUT LIMITATION, ALL COPYRIGHTS AND WAIVE ALL MORAL RIGHTS IN SUBMISSION. ALL CONTEST ENTRANTS FURTHER AGREE TO RELEASE AND INDEMNIFY AND HOLD HARMLESS SPONSOR AND THE CONTEST PARTIES FROM ANY AND ALL CLAIMS THAT ANY COMMERCIAL, ADVERTISING, PRESENTATION, WEB CONTENT OR ANY OTHER MATERIAL SUBSEQUENTLY PRODUCED, PRESENTED, AND/OR PREPARED BY OR ON BEHALF OF SPONSOR INFRINGE ON THE RIGHTS OF ENTRANT’S WORK AS CONTAINED IN ANY SUBMISSION. ENTRY INTO THE CONTEST SHALL BE DEEMED TO BE ENTRANT’S CONSENT AND AUTHORIZATION TO (I) THE USE OF ENTRANT’S NAME, ADDRESS (CITY AND STATE ONLY) AND ANY OTHER INFORMATION SUBMITTED BY ENTRANT FOR COMMERCIAL, ADVERTISING AND PROMOTIONAL PURPOSES WITHOUT FURTHER COMPENSATION, UNLESS PROHIBITED BY LAW, AND (II) THE USE OF ENTRANT’S ADDRESS TO RECEIVE MARKETING AND OTHER EMAILS FROM SPONSORS. IN ADDITION, BY ENTERING THE CONTEST, ENTRANTS AFFIRM THAT THEY HAVE READ, UNDERSTOOD AND ACCEPTED THESE OFFICIAL RULES.
- SELECTION OF WINNERS. All Winners are subject to verification, including without limitation, verification of eligibility, compliance with these Rules and completion of release forms (described herein). If attempted notification is returned as undeliverable, if a Winner cannot be verified, or if a Winner is otherwise unable to accept Prize, Prize will be forfeited.
Entrants agree that the Sponsor has the sole right to decide all matters and disputes arising from this Contest and that all decisions of Sponsor are final and binding. Entrants agree to release, indemnify and hold harmless Sponsor and Released Parties, as well as each of their respective parent and affiliated companies, and each of their employees, representatives, contractors, advertisers and sponsor from any and all liability, loss, damage, cost or claim related to any allegation regarding the acceptance or use of their Prize.
If the actual, alleged or publicized conduct of any Entrant is illegal or, if any Entrant has been charged with or convicted of a crime, or in Sponsor’s sole discretion is otherwise grossly offensive or violates generally accepted standards of behavior (including, but not limited to, illicit drug use or public intoxication) or otherwise leads the Sponsor to believe or conclude that the public association with the Entrant subjects Sponsor to ridicule, contempt, controversy, embarrassment or scandal, Sponsor, in its sole discretion, may disqualify Entrant and their Submission will no longer be eligible for this Contest.
- Prize Winner Verification. The Entrants may be required to prove eligibility, including, without limitation, proof of age, and residence within twenty-four (24) hours of being notified. In the event of non-compliance by the Entrant such Entrant shall be disqualified, and all privileges otherwise due as the Entrant shall be terminated. The Entrant must, within twenty-four (24) hours of receipt of such documents from Sponsor: (a) sign an affidavit of eligibility and release of Released Parties and their respective officers, directors, employees, agents, members, affiliated companies and subsidiaries, from any and all liability, loss, claims, demands, and causes of action for personal injury and/or damage, theft, loss, or any other harm suffered in connection with this Contest or the use/misuse or acceptance of any Prize or any portion thereof to be eligible for the Prize; (b) except where prohibited by law, obtain a release provided by Sponsor signed by each identifiable person appearing in your Submission granting Sponsors the right to use their name or image/likeness for advertising and publicity purposes without additional compensation. In the event of non-compliance by the Entrant such Entrant shall be disqualified and all privileges or Prizes otherwise due shall be terminated at Sponsor’s sole discretion. Entry into this Contest constitutes agreement that Entrant has electronically signed such releases. Entrant must also complete any additional legal documents provided by Sponsors (or third party on its behalf, if applicable) with respect to the Prize and return them as instructed within the timeframe specified by Sponsors or Entrant may forfeit the Prize at Sponsors’ sole discretion.
Each winner is solely responsible for the reporting and payment of any tax liabilities incurred as a result of or relating to the awarding or use of a Prize. All decisions of Sponsors relating to the Contest and award of Prizes are final.
- PRIZE DETAILS. The Prize for each Winner of this Contest is a customized shot glass delivered to the Winner at Sponsor’s sole choice of delivery, total value with shipping = $3.80 (Three Dollars and Eighty Cents). There is no substitution of the Prize for cash or any other consideration. There is a limit of one Prize per person.
- Intellectual Property: The Contest requires the submission of Submitted Photos, or other communications by Entrants and the hosting, sharing, and/or publishing of such Submitted Photos. Entrant understands that whether or not such Submitted Photos are published, Sponsors do not guarantee any confidentiality with respect to any Submitted Photos. Entrants shall be solely responsible for their own Submitted Photos and the consequences of posting or publishing them. For clarity, Entrant retains all of Entrant’s ownership rights in Entrant’s Submitted Photos. However, by submitting the Submitted Photos to Sponsors, Entrant hereby grants Sponsors a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, the Submitted Photos in connection with the Site and Sponsors’ (and their successors’) respective businesses, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. Entrant also hereby grants each user of the Web Site a non-exclusive license to access Entrant’s Submitted Photos through the Site, and to use, reproduce, distribute, prepare derivative works of, display such Submitted Photos as permitted through the functionality of the Web Site. The foregoing license granted by Entrant terminates once Entrant removes or deletes a Submitted Photo from the Web Site. In connection with Submitted Photos, Entrant further agrees that Entrant will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless Entrant is the owner of such rights or has permission from their rightful owner to post the material and to grant Sponsors all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Sponsors or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. Sponsors do not endorse any Submitted Photos or any opinion, recommendation, or advice expressed therein, and Sponsors expressly disclaim any and all liability in connection with Submitted Photos. Sponsors do not permit copyright infringing activities and infringement of intellectual property rights on the Web Site, and Sponsors will remove all content and Submitted Photos if properly notified that such content or Submitted Photos infringes on another’s intellectual property rights. Sponsors reserve the right to remove content and Submitted Photos without prior notice. Sponsors will also terminate a user’s access to its Web Site, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a Submitted Photo removed from the Web Site more than twice. Sponsors also reserve the right to decide whether content or a Submitted Photos is appropriate and whether such content or Submitted Photos constitutes violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Sponsors may remove such Submitted Photos and/or terminate a user’s access for uploading such material at any time, without prior notice and at its sole discretion.
- Limits of Liability: Entrant acknowledges that the consumption of alcoholic beverages can be a dangerous activity. Entrant further acknowledges that driving while under the influence of alcohol is a criminal act and an activity that will endanger not only the Entrant but other third parties. Entrant agrees the he/she/they WILL NOT drive while under the influence during or following the creation of the Submitted Photos. Entrant acknowledges and agrees that the Sponsors have no responsibility whatsoever for injuries, losses, or damages of any kind that result from entrance into the Contest or receipt, acceptance, possession, use or misuse of Prize. Sponsors and Released Parties assume no responsibility for any: (i) lost, stolen, delayed, damaged or misdirected Submissions or for any failure of the Web Site during the Contest Period; or (ii) any problems or technical malfunctions of any telephone network or lines, computer on-line systems, servers, access providers, computer equipment, software, failure or delay of any email or entry to be received by Sponsors and Released Parties on account of technical problems or traffic congestion on the Internet or at any website; or (iii) any combination thereof including, but not limited to, any injury or damage to an Entrant’s or any other person’s computer or other equipment related to or resulting from Entrant’s participation in the Contest. Sponsors reserve the right, in Sponsors’ sole discretion, to cancel or suspend the Contest should a virus, bug or other cause beyond the reasonable control of Sponsors corrupt the security or proper administration of the Contest. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Contest is a violation of criminal and civil laws, and should such an attempt be made, Sponsors reserve the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution. By entering the Contest, entrants release and hold Contest Sponsor harmless from and against any and all damages and claims of any kind in connection with the Contest or resulting from entrance in the Contest, or receipt, acceptance, possession or use of any Prize. Entrant agrees that Entrant will not assert or maintain against Sponsors and Released Parties, its successors, assigns and licensees, and hereby waives the right to any claim, action, suit or demand of any kind or nature whatsoever, including but not limited to, tort claims, claims grounded upon invasion of privacy, rights of publicity or other civil rights, or any other claims for any reason in tort, contract or for any liability whatsoever in connection with Entrant’s participation in the event and the authorized use of Entrant’s physical likeness in any media as herein provided. Entrant hereby releases Sponsors and Released Parties, its successors, assigns and licensees, and each of them from and against any and all claims, liabilities, demands, actions, causes of action(s), costs and expenses whatsoever, at law or in equity, known or unknown, anticipated or unanticipated, which Entrant ever had, now have, or may, shall or hereafter have by reason, matter, cause or thing arising out of participating in the event and for use of my image, likeness and voice as herein provided.
- Third Party Intellectual Property Indemnification: Entrant agrees to indemnify and hold harmless Sponsors and Released Parties from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from any allegation that any materials that Entrant submits to Sponsors or transmits to or posts on the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of, or defame, any third party.
- Copy of Official Rules: For a copy of these Rules, send a self-addressed stamped envelope to: Clique Vodka Limited, 1627 Penn Ave, Fifth Floor, Pittsburgh, PA 15227 with a written request by December 31, 2013.
- GENERAL CONDITIONS. Each winner is solely responsible for any taxes on any Prize, and, if applicable, will receive an IRS Form 1099 for the ARV of the Prize. No cash equivalent or substitution of Prize is offered. No transfer of Prize is permitted. Unclaimed Prizes will not be awarded. If Prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute Prize with another Prize of equal or greater value. If for any reason the Contest is not capable of running as planned, including but not limited to 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 disqualify any individual who is responsible or who tampers with the entry process, and to cancel, modify or terminate the Contest. In the event of cancellation, Sponsor will randomly award the prizes among all eligible, non-suspect entries received prior to cancellation.
- LEGAL WARNING. ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE SPONSOR’S WEB SITE OR TO INTERFERE WITH THE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND TO DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
- WINNER’S LIST. For the names of the winners, send a self-addressed, stamped envelope to be received by December 31, 2013, to: #CliqueShots, Clique Vodka Limited, 1627 Penn Ave, Fifth Floor, Pittsburgh, PA 15227.
- CONTACT. For any contact with respect to these rules, please contact Legal Department, Clique Vodka Limited, 1627 Penn Avenue, Fifth Floor, Pittsburgh, PA 15227.