NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
BY ENTERING THE CONTEST, EACH ENTRANT AGREES TO THESE OFFICIAL RULES.
THIS IS A CONTEST TO DESIGN THE LIVERY OF AN INDYCAR RACE CAR OWNED AND OPERATED BY SCHMIDT PETERSON MOTORSPORTS, LLC D/B/A ARROW MCLAREN SP (“AMSP”) THAT IS SPONSORED BY R.J. REYNOLDS VAPOR COMPANY (“SPONSOR”) AND ADMINISTERED BY ARROWHEAD PROMOTION & FULFILLMENT CO., INC. (“ADMINISTRATOR”). BY SUBMITTING A SUBMISSION, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION MAY APPEAR ON WEBSITES, SOCIAL MEDIA CHANNELS, AND OTHER DIGITAL OR MEDIA PLATFORMS OWNED OR OPERATED BY SPONSOR, AMSP, MCLAREN RACING LIMITED (“MCLAREN”), INDYCAR, AND THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, SPONSORS AND PARTNERS AND ON ASSOCIATED ADVERTISING AND PROMOTIONAL PLATFORMS, ALL WITHOUT PRIOR CONSENT BY OR NOTICE TO THE ENTRANT AND FOR NO ADDITIONAL COMPENSATION.
1. ELIGIBILITY: THE CONTEST IS OPEN TO INDIVIDUALS WHO ARE LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA WHO ARE TOBACCO CONSUMERS 25 YEARS OF AGE OR OLDER AT THE TIME OF SUBMISSION AND WHO HAVE A VALID REGISTERED USERNAME (“USERNAME”) AND PASSWORD (“PASSWORD”) AT WWW.VUSE.COM (“WEBSITE”) PROVIDED BY THE SPONSOR. Employees, officers and directors, and contractors (and their immediate families [spouse, children, parents, siblings, and their respective spouses] and those living in their same households) of Sponsor, AMSP, MCLAREN, INDYCAR or Brickyard Trademarks, Inc. (collectively “INDYCAR”), or any of their respective parents, affiliates, subsidiaries, advertising and promotion agencies, and Web masters/suppliers are not eligible. By participating, Entrants agree to abide by these Official Rules and the decisions of Sponsor, which are final and binding in all matters relating to this Contest. Contest subject to applicable federal, state, and local laws and regulations.
2. PROMOTION PERIODS: The Contest begins at or about 12:00:00 p.m. Eastern Time ("ET") on April 14, 2021, and ends at or about 11:59:59 a.m. ET on June 18, 2021 (the "Contest Period"). Sponsor's computer is the official clock for this Contest. The Contest Period consists of four (4) periods described below:
a. Submission period where Entrants may submit their design and official entry form. The submission period begins at 12:00:00 p.m. ET on April 14, 2021 and ends at 11:59:59 a.m. on May 31, 2021 (“Submission Period”).
b. Public voting period where registered users on the Website can vote on their favorite Submission. The voting period begins at 12:00:00 p.m. ET on April 14, 2021 and ends at 11:59:59 a.m. ET on May 31, 2021 (“Voting Period”), running concurrently with the Submission Period. Limit one (1) Vote per Username/e-mail address per Submission per day.
c. Finalist period where each of the Finalists will complete an essay containing a minimum of 300 words explaining what inspired their Submission (“Finalist Essay”) between June 4, 2021 and June 8, 2021, and during which time Sponsor will conduct background checks and otherwise confirm eligibility of potential Finalists (“Finalist Period”).
i. Finalist Essays must be submitted by 11:59:59 p.m. ET on June 8, 2021.
d. Finalist judging period where all Finalists’ Submissions are judged by a panel of judges to determine the Winners (as defined in Rule #5). The finalist judging period will occur June 10, 2021 through June 14, 2021 (“Finalist Judging Period”).
3. HOW TO ENTER: To participate, you must have a valid Username and Password from Sponsor (as described in Rule #1). If you do not have a Username, see “How to obtain a free Username and update your Username contact information” below. Enter the Contest by visiting www.vuse.com during the Contest Period, logging in with your Username and Password, finding the Vuse Design Challenge Contest page, designing your car by either (1) using the online tool or (2) downloading the template, creating your design offline, then uploading the completed template, and completing and submitting the online official entry form (collectively, the “Submission”). Limit one Submission per person/Website account for the entire Contest Period.
Sponsor is not responsible for internet or telephone line unavailability, incomplete uploads of any Submission, or other technical problems that may arise in connection with your entry into the Contest. Any attempt by any participant to create additional entries by using multiple/different identities, or any other methods may disqualify that participant from winning any prize, at the sole discretion of Sponsor. By submitting a Submission, you hereby acknowledge and agree that the Submission, or portions thereof, may be displayed, in whole or in part, on websites, social media channels, and other digital/media channels owned or operated by Sponsor, AMSP, McLaren, INDYCAR, and their respective parents, affiliates, sponsors, and partners and on consumer merchandise and associated advertising and promotional platforms, both during and after the Contest Period, all without prior consent by or notice to entrant and for no compensation. Further, each Entrant certifies that the Submission is his or her own original work, and that he or she has the right to allow the publication of the Submission without restriction, and Sponsor’s use of the Submission will not infringe the rights of any third parties (e.g., copyrights, rights of publicity, etc.).
Further, by uploading a Submission, Entrant represents that Entrant is the sole creator of the Submission. Entrant irrevocably conveys, transfers, and assigns to Sponsor all of Entrant’s right, title, and interest in and to the Submission and the design therein, and hereby grants to Sponsor an absolute irrevocable waiver in relation to all rights of paternity, integrity, attribution, disclosure, withdrawal, and any other rights that may be known as “moral rights,” as further described below in Section 11. In addition, Entrant grants to Sponsor, AMSP, McLaren, INDYCAR, and their respective parents, affiliates, partners, and sponsors, and their respective marketing and advertising agencies (the “Licensed Parties”) a worldwide, royalty-free right, and perpetual license in all intellectual property rights in the Submission, including, without limitation, the Licensed Parties’ rights to publish, copy, edit, distribute and otherwise make available to the public and/or reproduce the Submission through any media available at any time during or after the Contest Period on any related websites, in any promotional materials, and on merchandise, whether related or un-related to the Contest, and at any other location, whether physical or online, that the Licensed Parties, in their sole discretion, deem appropriate and necessary for the operation and promotion of this Contest or operation and promotion of AMSP or the INDYCAR series. In addition, Entrant acknowledges and agrees that Sponsor may use any ideas from any Submission or other submitted materials, whether or not Entrant has been awarded a prize in connection with any such Submission or other materials.
How to obtain a free Username and update your Username contact information: A valid Username issued by Sponsor and Password will be required to participate in the Contest. A Username and Password can be obtained for free at the Website, by registering as a new user by clicking on “Sign in or register” on the Website. No responsibility is assumed for failure to contact an Entrant due to that Entrant’s failure to maintain or update his/her contact information. Contact information may be updated (subject to certain conditions imposed by Sponsor) by following the online instructions on the Website. Each Entrant is responsible for the security of his/her Username and Password. Each Entrant should take precautions to keep his/her Username and Password private to prevent unauthorized use. Sponsor will not be responsible for any losses, damages, or consequences one may suffer due to careless or unauthorized use of a Username or Password. Entrants must use only one (1) Username and Password and must use the Username and Password assigned to entrant by Sponsor. Should any Entrant attempt to use more than one Username and/or Password, or a Username and/or Password that was not assigned to Entrant, that Entrant and all of his/her Submissions will be disqualified in Sponsor’s sole discretion. In the event of a dispute about the identity of an Entrant, Submissions will be declared made by the authorized account holder of the e-mail address in the Website account associated with the Submission. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, Online Service Provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
4. HOW FINALISTS ARE CHOSEN (JUDGING CRITERIA): During the Voting Period, Website registrants can vote on their favorite Submission. There is no limit on the number of Submissions you may vote for per day, but you may only vote for a particular Submission one time per day, For purposes of this limit, each day begins at 12:00:00 a.m. ET and ends at 11:59:59 p.m. ET on each calendar date during the Voting Period, except that the first day begins at 12:00:00 p.m. ET and the last day ends at 11:59:59 a.m. ET. The number of eligible votes for a Submission will count as 30% of the score for determining the Finalists (“Finalist”).
A panel of judges from Sponsor, AMSP, McLaren, and/or their agencies will judge eligible Submissions based on the creativity of the design (30%) and the feasibility to render the Submission on an INDYCAR race car including, without limitation, visibility of logos of Sponsor and other AMSP sponsors (40%).
Sponsor expects that the ten (10) Submissions with the highest total scores will be the Finalists, subject to completion of the elements required during the Finalist Period. Sponsor reserves the right to select additional Finalists in its sole discretion.
5. FINALIST PERIOD AND CONFIRMATION PROCESS: Potential Finalists will be notified by e-mail and/or phone on or about June 4, 2021, at the e-mail address or phone number in the Website account associated with the Finalist Submission. Potential Finalists will be required to sign and return (1) the Finalist Essay, (2) written permission for Sponsor to conduct a background check (as defined below), (3) an Affidavit of Eligibility, Liability/Publicity Release, and Assignment of Rights (“Affidavit”), and any other releases or assignments as determined by Sponsor, in Sponsor’s sole discretion, on or before 11:59:59 p.m. ET on June 8, 2021, in order to claim a Finalist position and participate in the Finalist Judging Period. In the event any e-mail notification is returned as undeliverable, of it a potential Finalist cannot be reached by phone within twenty four (24) hours of the first attempt, or if all required documents are not fully executed and timely returned as dictated by Sponsor, or if a potential Finalist is found to be ineligible or otherwise not in compliance with these Official Rules, in Sponsor’s sole discretion, or if a potential Finalist declines a Finalist position, that potential Finalist will be disqualified and will not be compensated in any way, and the eligible Submission with the next highest score in accordance with the judging criteria will be notified as a potential Finalist. Sponsor reserves the right to select fewer than ten (10) Finalists in the event there are not enough qualifying Submissions received during the Submission Period or if Sponsor is unable to confirm ten (10) Finalists within the necessary timeframe.
Each potential Finalist must authorize Sponsor and its designated agents and representatives to conduct a comprehensive review of potential Finalist’s background (the “Background Check”) in order to be confirmed as a Finalist. Potential Finalist understands that he/she will be asked to provide a social security number or similar identification number, addresses or residences from the last seven (7) years, date of birth, prior names (e.g., maiden name) and any other information necessary for Sponsor to conduct the Background Check. The scope of the Background Check may include, without limitation, civil and criminal history records from any criminal justice agency in any or all federal and state records, sex offender registry check, and terrorist watch list check. By entering, Entrant agrees to provide all personal information needed and sign a release or authorization form as part of the documentation in order to permit Sponsor to conduct the Background Check. Sponsor and its designated agents and representatives shall maintain all information received from this release and authorization form in a confidential manner in order to protect Entrant’s personal information.
In addition to the reasons above, Sponsor reserves the right, in its sole discretion, to disqualify a potential Finalist and notify an alternative potential Finalist (time permitting) if the Background Check uncovers information indicating a history, characteristic or quality considered by Sponsor to be unacceptable in a Finalist in this Contest, as determined in Sponsor’s sole discretion.
6. HOW WINNERS ARE CHOSEN: During the Finalist Judging Period, Sponsor and/or Sponsor’s agency(ies) (the “Panel”) will again judge each confirmed Finalist’s Submission using the Judging Criteria set forth above and taking into account the Finalist Essay and any other information provided during the Finalist Period: feasibility to render the design on an INDYCAR race car (40%); creativity of the design (30%); number of public votes (25%) and Finalist Essay and additional information from the Finalist Period (5%). The top three (3) highest scoring Submissions during the Finalist Judging Period shall be the Winners. In the event of a tie, the winning Finalist will be the Finalist who scored the highest in the “Feasibility to render the design on an Indy car” Judging Criteria from among all tying Submissions. Winners will be notified by e-mail or phone on or about June 15, 2021. Sponsor reserves the right to select fewer than three (3) Winners in the event it cannot confirm at least three (3) Finalists during the Finalist Period or in the event a confirmed Finalist declines a prize. In the event fewer than three (3) Winners are selected, Sponsor reserves the right to modify the number of prizes awarded. This is a contest of skill. Your odds of winning depend on how your Submission compares to the other eligible Submissions in the Contest according to the Judging Criteria and your compliance with all other terms and requirements of Sponsor.
7. CONTEST GUIDELINES: THE SUBMISSION MUST COMPLY WITH THE FOLLOWING REQUIREMENTS TO BE ELIGIBLE. THE SPONSOR SHALL DETERMINE WHETHER EACH SUBMISSION CONFORMS TO THESE GUIDELINES IN ITS SOLE AND ABSOLUTE DISCRETION.
· The Submission must be Entrant’s original work and be unpublished;
· The Submission cannot be sexually explicit or suggestive, or derogatory to any ethnic, racial, gender, sexual orientation, religious, professional or age group or the disabled, be profane or pornographic, be obscene, indecent or vulgar; reference alleged or illicit acts or activities; promote illegal drugs, firearms/weapons (or the use of any of the foregoing), or any particular political agenda or message;
· The Submission cannot defame, misrepresent or contain disparaging remarks about other people, products or companies; advertise or promote any brand or product of any kind or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
· The Submission cannot contain materials embodying the names, likenesses, or other indicia identifying any person, living or dead;
· The Submission cannot communicate messages or images inconsistent with or antithetical to those that the Sponsor wishes to be associated with;
· The Submission must not infringe upon or violate any rights of any third party, including but not limited to, intellectual property rights such as patents, copyrights, trade name/trademark/logo, and/or rights of privacy or publicity or portrayal in a false light or any other rights of any person or entity;
· The Submission cannot depict or otherwise identify a minor or anyone under, or styled to appear under, 25 years of age;
· The Submission or any portion of the Submission cannot be related to “youth” or “youth-oriented activities” and/or “health” or “health-related activities” and/or illegal activities or behavior; and
· The Submission cannot itself be in violation of any law.
By participating, each Entrant warrants and represents that his/her Submission fully and completely conforms to the stated requirements. Entrant will indemnify and hold harmless Sponsor from any claims to the contrary. Any Submission which violates the above requirements (all as solely determined by Sponsor), will be disqualified.
ALL ENTRANTS ARE SUBJECT TO VERIFICATION BY ADMINISTRATOR AND SPONSOR’S DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST.
9. VOTING RULES: You must have a Username and Website account (as described in Rule #1) in order to cast a vote in the Contest. If you do not have a Username, see “How to obtain a free Username and update your Username contact information” in Rule #3. Upon obtaining a Username, eligible Website users can visit www.vuse.com during the Voting Period to cast a vote for their favorite Submission, as posted on the Website. Limit one (1) Vote per Username/e-mail address per Submission per day. For purposes of this limit, each day begins at 12:00:00 a.m. ET and ends at 11:59:59 p.m. ET on each calendar date during the Voting Period, except that the first day begins at 12:00:00 p.m. ET and the last day ends at 11:59:59 a.m. ET. Votes generated by script, macro or other automated means will be disqualified. No one may offer to sell votes (or offer to be paid, whether in currency, in kind or other form of compensation, for votes). The use of automated or third-party software or platform to participate in the Voting Period is prohibited. The use of vote-swapping schemes is prohibited. Sponsor in its sole discretion reserves the right to disqualify any votes discovered to be in violation of the above restrictions. Sponsor further reserves the right to disqualify a Submission by any Entrant discovered to be improperly soliciting, generating, or offering votes in violation of these restrictions, in Sponsor’s sole discretion.
10. PRIZE DETAILS:
One (1) Grand Prize: The confirmed winner with the highest score for his/her Submission during the Finalist Judging Period will be the Grand Prize winner and will receive (1) a four (4) night trip for the Winner and one (1) guest age 25 or older (“Guest”) to Nashville, TN for an immersive race experience at the Music City Grand Prix (“Trip”), (2) $10,000.00 (awarded in the form of a check made payable to Winner) and (3) the Winner’s design will be showcased on an AMSP car at the Music City Grand Prix on August 8, 2021. Trip will take place August 5, 2021 through August 9, 2021 and includes round-trip air transportation on a carrier of Sponsor’s choice for Winner and Guest from the major U.S. gateway airport nearest Winner’s residence (as determined by Sponsor in its sole discretion) to the Sponsor selected destination, four (4) nights hotel accommodation (single room, double occupancy) at a hotel of Sponsor’s choice, two (2) tickets to the Music City Grand Prix at Nissan Stadium in Nashville, TN and $500.00 spending money (awarded in the form of a check made payable to Winner) for transportation and food expenses. All travel and activity arrangements will be arranged by Sponsor, are at Sponsor’s sole discretion, and are subject to availability. Winner must be willing to participate in interviews and other media appearances as designated by Sponsor at any time following confirmation, including during the Trip. ARV of Grand Prize: up to $13,500; actual retail value of Grand Prize depends on city/date/time of departure and air fare fluctuations. Any difference between the stated ARV and actual ARV will not be awarded. If Winner lives within approximately 200 miles of the trip destination, Sponsor may substitute, in its sole discretion, round-trip ground transportation between winner's residence and the hotel instead of air transportation, and winner will not receive any substitute prize or compensation in conjunction with such substitution. The Winner and his/her guest acknowledge and agree that if any alcohol is consumed by the Winner and his/her guest, such alcohol consumption is at the sole discretion of the Winner and his/her guest and the Sponsor is not responsible for any cost or circumstances resulting from such alcohol purchases/consumption. In order to participate in the immersive race experience portion of the Grand Prize, Winner and Guest will be required to sign liability waivers required by Sponsor, AMSP, and INDYCAR. In addition, in order to participate in any portion of the Grand Prize, Guest will be required to sign a waiver allowing Sponsor, AMSP, MCLAREN and INDYCAR, and their respective marketing and promotional agencies, to use the name, image, and likeness of Guest for their respective marketing and promotional purposes.
Winner and Guest are solely responsible for any costs and expenses of the Trip not specified as included in these Official Rules, including but not limited to tips, meals, souvenirs, local and long-distance telephone calls, laundry, insurance, baggage fees, ground transportation, parking, and other personal expenses associated with the Trip. In particular, Winner and Guest are solely responsible for ground transportation to and from the departure airport, ground transportation between the destination airport and the hotel, and ground transportation between the hotel and race experience events. No substitution of prize is permitted except that Sponsor in its sole discretion may award a substitute prize/prize component of equal or greater value if advertised prize/prize component is unavailable at time of awarding for any reason, or where required by law. Prize may not be transferred. Prize is not exchangeable or redeemable for cash. Federal, state, and local taxes on the prize (if applicable) are the sole responsibility of the winner. Sponsor will issue a 1099 Tax Form in the amount of $13,500 to Winner at the appropriate time.
Winner and Guest must be available to travel on the dates specified above, or else prize will be forfeited in its entirety without compensation. Winner and Guest must travel together on specified itinerary, including same departure date, destination and return date or prize may be forfeited in its entirety. Winner and Guest are solely responsible for obtaining and traveling with photo identification and any other documentation required for travel. The Promotion Parties (defined below) are not liable for any expenses incurred as a consequence of flight cancellation/delay. There shall be no compensation or prize substitution if Winner and/or Guest are unable to take the Trip by reason of illness, family emergency, personal events, terrorism, labor strikes, weather, pandemic, or other acts beyond Sponsor’s control. There shall be no compensation or prize substitution if any or all of the Music City Grand Prix events are cancelled or rescheduled for any reason, except that Sponsor may reschedule the entire Trip in the event the Music City Grand Prix events are rescheduled in their entirety with sufficient lead time to reschedule Trip elements, as determined by Sponsor in its sole discretion.
Grand Prize winner’s car design will be showcased on the AMSP car, but will not be reproduced in its entirety. Final appearance of the AMSP car will be subject to the INDYCAR rules, to the parameters required by AMSP and MCLAREN, including but not limited to the appearance of sponsor logos, and other factors in the discretion of Sponsor and AMSP.
One (1) First Prize: The confirmed winner with the second highest score for his/her Submission during the Finalist Judging Period will be the First Prize winner and will receive $2,500.00 (awarded in the form of a check, payable to Winner). Any applicable federal, state, or local taxes are the sole responsibility of the winner. Sponsor will issue an IRS Form 1099 in the amount of $2,500.00 to the winner at the appropriate time.
One (1) Second Prize: The confirmed winner with the third highest score for his/her Submission during the Finalist Judging Period will be the Second Prize winner and will receive $1,500.00 (awarded in the form of a check, payable to Winner). Any applicable federal, state, or local taxes are the sole responsibility of the winner. Sponsor will issue an IRS Form 1099 in the amount of $1,500.00 to the winner at the appropriate time.
First and Second Prize checks will be mailed to the confirmed winners within four to six weeks following confirmation. Total value of all prizing is $17,500.
11. GENERAL CONDITIONS: By participating, (a) Entrants agree that R.J. Reynolds Vapor Company, AMSP, McLaren, INDYCAR, and their respective parents, affiliates, subsidiaries, advertising and promotion agencies, and all of their respective officers, directors, employees, representatives and agents (“Promotion Parties”), Facebook, Inc., and Instagram, Inc. are indemnified, released and will be held harmless by Entrants from any and all liability, for: (a) any claims relating to the disclosure of Entrants’ Submission or any contents contained in the Submission; (b) any damages, injuries or losses of any kind to person(s), including death, or property, arising directly or indirectly from the acceptance, possession, misuse or use of the Prize awarded in this Contest or his/her participation in this Contest or any Contest-related activity; (c) winners grant (and agree to confirm such grant in writing promptly upon request) to Promotion Parties and those acting under their authority the right to the use of his/her name, photograph, likeness, voice, image, statements and biographical information at any time or times for advertising, trade, publicity and promotional purposes (including the advertising and promotion of tobacco products) in any media now known or hereafter discovered, worldwide and on the World Wide Web, without review, notification, approval or additional compensation, unless prohibited by law; and (d) Entrants, by entering, except where legally prohibited, grant permission for Promotion Parties (and agree to confirm such agreement in writing), and those acting pursuant to their authority to use, publish, exploit the Submission as more fully set forth in the section below titled “Grant of Rights by Entrants”, and each winner further grants ownership of the Submission as more fully set forth in the section below titled “Assignment of Rights by Winners”.
If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical failures beyond Sponsor's control that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the Contest and to terminate, modify or suspend the Contest. In such event, Sponsor reserves the right to conduct the Contest, confirm Finalists, and award the prizes in a manner which is fair, appropriate, and consistent with these Official Rules, as determined by Sponsor in its sole discretion. Notice of termination/modification/suspension of Contest will be posted on the Website. Promotion Parties are not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or loss, destruction or unauthorized access to, or alteration of, submitted entries, or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer or mobile equipment, software, failure of any e-mail or electronic submitted answer to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to any person's computer or mobile device related to or resulting from participation in or downloading any materials from this Contest. Promotion Parties are not responsible for any lost, late, misdirected, misdelivered, mutilated, or garbled mail, e-mail, votes, or other communications.
By participating, Entrant agrees that (i) Entrant’s submission is gratuitous and made without restriction, and will not place Sponsor under any obligation, and (ii) Sponsor is free to disclose or otherwise disclose the contents contained in the Submission on a non-confidential basis to anyone or otherwise use, exploit, edit or modify, assign, and create derivative works from the content of the Submission without any additional compensation or notice to, or approval from, Entrant. Entrant acknowledges that, by participating, Sponsor does not waive any rights to use, assign or otherwise exploit similar or related ideas previously developed or known to Sponsor, or developed by its employees, contractors and agents, its affiliates and their employees, contractors and agents, or obtained from sources other than Entrant and Entrant agrees that he/she shall not have or make any claim against Sponsor or Promotion Parties resulting from such use, modification, assignment or other exploitation.
Grant of Rights by Entrants: By participating, Entrant grants Sponsor a perpetual, worldwide, irrevocable, assignable, sublicensable, royalty-free and fully paid-up license to the Submission and the Licensed Parties and their respective designees may exploit, edit, modify, post, use and distribute the Submission and all elements of such Submission in any and all advertising (including tobacco advertising) and in any and all media now known or hereafter devised, without limitation and without compensation, permission or notification to any Entrant or any third party.
Assignment of Rights by Winners: By accepting a Prize and the consideration related thereto, the Winners acknowledge and agree that (i) any and all results and proceeds of all services furnished by the Winner hereunder (including, without limitation, the Submission and any other work based on or derived therefrom), and all other materials of every kind whatsoever created by winner at any time if relating to the Contest (collectively, “Work”), are a “work made for hire” (as that term is used in the United States Copyright Act) for Sponsor; (ii) Sponsor is the “author” of the Work for all purposes, including without limitation the copyright laws of the United States; and (iii) Sponsor is the sole and exclusive owner, in perpetuity and throughout the universe, of all right, title and interest in and to the Work, including without limitation all copyrights in and to the Work (and all renewals and extensions thereof now or hereafter provided by law) and all the rights therein and thereto, including all so-called “moral rights of authors” and “droit moral” rights and any similar or analogous rights under the applicable laws of any country of the world. The Winner also waives all so-called “moral rights of authors” and “droit moral” rights (and any similar or analogous rights under the applicable laws of any country of the world). Further, in consideration of the funds awarded to the Winner by Sponsor, and without limiting the binding effect of any of the foregoing provisions, in the event that any of the Work is not deemed to be a “work made for hire” for Sponsor, winners hereby irrevocably and exclusively grant and assign to Sponsor (or, if any applicable law prohibits or restricts such assignment, winner shall grant to Sponsor an irrevocable, perpetual, royalty-free, transferable license of) all right, title, interest and ownership in and to such Work, including, without limitation, all rights of every kind and nature (whether now known or hereafter devised, including all copyrights, neighboring rights, trademarks, patents and any and all other ownership and exploitation rights in the Work therein and thereto and all renewals and extensions thereof), throughout the universe, in perpetuity, for all purposes, including but not limited to tobacco packaging, consumer merchandise, race team apparel, track advertising and activation materials and other advertising and promotion, in any and all media, whether now known or hereafter devised.
Sponsor’s rights in and to the Work shall include, without limitation, the right to exploit the Work (or not) by any and all means now known or hereafter devised throughout the universe in perpetuity, including, without limitation, the right to alter, modify, edit, adapt, composite, morph, scan, duplicate, merchandise, use and cut, and create derivative works from the Work. Sponsor shall be free to exploit, license, sell and/or assign any or all of its rights in the Work at any time and from time to time, in whole or in part, to any person or entity, without permission from, or notice or compensation to, winners or any third party. In furtherance of and without limiting the foregoing, all revenues, if any, derived by Sponsor or its designees from the use, exhibition, publication, distribution, merchandising, transmission, licensing, display, selling or other exploitation of the Work shall be the sole and exclusive property of Sponsor and winner shall have no interest in or to any such revenues.
At the request of Sponsor, the Winner shall execute and deliver to Sponsor such assignments or other instruments as Sponsor may deem reasonably necessary to establish, protect, enforce and/or defend any or all of Sponsor’s rights in the Work. If a winner fails to so execute and deliver any such instrument as requested by Sponsor, Sponsor shall have the right to do so in winner’s name, place and stead, and Sponsor is hereby irrevocably appointed as winner’s attorney-in-fact for such purposes, which power is coupled with an interest.
Any Contest materials including, without limitation, the offer, the Abbreviated Rules, these Official Rules, advertising and promotional materials and announcement of winners containing production, printing or typographical errors or obtained outside authorized, legitimate channels are automatically void; and the liability of Sponsor, if any, is limited to the replacement of such materials and Entrant, by participating, releases Sponsor, its parent, subsidiaries, advertising and promotion agencies, the Panel and their respective officers, directors, employees and agents from any and all losses, claims or damages that may result therefrom. Any inconsistencies between any advertising or other promotional announcements or any abbreviated form of the Official Rules and these Official Rules shall be resolved in favor of these Official Rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
12. BINDING ARBITRATION: Any and all disputes, controversies or claims arising out of or relating to this Contest shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply North Carolina law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN SPONSOR’S CONTEST, EACH ENTRANT AND WINNER AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY FUNDING AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT OR WINNER BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT AND WINNER'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
13. GOVERNING LAW & JURISDICTION: The Contest Official Rules and the Contest are governed by US law and are subject to all applicable federal, state, and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of North Carolina, U.S.A., without giving effect to any conflict of laws or choice of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of North Carolina, and any matters or proceedings which are not subject to arbitration as set forth in Rule #12 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of North Carolina, in the City of Winston-Salem.
14. WINNERS' LIST: To obtain a list of winners, mail your name and address on a first-class, self-addressed stamped envelope to: The Vuse Design Challenge Winners' List, 1105 SE 8th Street, Grand Rapids, MN 55744 for receipt by August 6, 2021. Do not send any other correspondence to this address. Winners’ Lists will be mailed after all winners have been determined and verified.
This Contest is in no way sponsored, endorsed, or administered by, or associated with Facebook or Instagram. You understand that you are providing your information to Sponsor and not to Facebook or Instagram. Any questions, comments or complaints regarding this Contest shall be directed to Sponsor and not to Facebook or Instagram.