In order to enter the Contest, you must agree to the Rules. Therefore, please read these Rules prior to entry to ensure you understand and agree. You agree that submission of an entry in the Contest constitutes agreement to these Rules. You may not submit an entry to the Contest and are not eligible to receive the prizes described in these Rules unless you agree to these Rules. These Rules form a binding legal agreement between you and the contest with respect to the Contest.
To be eligible to enter the Contest, an Entrant must be a U.S. citizen or permanent U.S. legal resident (i.e. must be able to show proof of legal permanent residence, for example, a "green card") and be 21 years of age or older at the time of entry except current residents of Rhode Island, Puerto Rico, Guam, the US Virgin Islands and any other US territory or possession. The Contest is subject to all applicable federal, state and local laws and regulations This Contest is void outside the United States and where prohibited or restricted by law.
Employees, interns, contractors, and official office-holders of Sponsor, Marketing Affiliate or any entity directly connected with the development, implementation or marketing of this Contest and any of their respective parent companies, subsidiaries, affiliates, and their respective directors, officers, employees, advertising and promotion agencies, representatives, and agents (collectively "Contest Entities"), and members of the Contest Entities' and their immediate families (parents, siblings, children, spouses, and life partners of each, regardless of where they live) and members of the households (whether related or not) of such employees, officers and directors are ineligible to participate in this Contest.
Cointreau Summer Soiree Contest ("Contest") is sponsored by RGM Group Enterprises, LLC, ("Sponsor"), with an address of 1556 20th Street, Suite D, Santa Monica, CA 90404 (hereinafter, the "Sponsor"). The official marketing affiliate for this Contest is Remy Cointreau USA, Inc. 1290 Avenue if the Americas, New York, NY 10104 (hereinafter, the "Marketing Affiliate").
The contest (the "Contest") entry period opens 12:01 AM EDT on June 1, 2015 and will close at 11:59 PM EDT on August 31, 2015 (the "Contest Period"). During the Contest Period there will be weekly entry and voting periods as more fully described in Section 7 of these Rules. The Voting Period begins at 12:01 a.m. ET on each Monday during the Contest and ends at 11:59 a.m. ET on each Sunday during the Contest ("Voting Period"). The computer clock on Sponsor's webmaster is the official timekeeping device of the Contest. All dates are subject to change.
NO PURCHASE NECESSARY TO ENTER OR WIN. To enter the Contest, visit the Contest website located at http://www.mysummersoiree.com ("Contest Site") during the Contest Period and follow the instructions that appear on the "Enter to Win" tab. You will be requested to connect with instagram and complete a official entry form ("Entry Form") with: (a) a Picture that reflects Entrant's creative interpretation depicting the Cointreau brand and/or product as it relates to the Contest theme "Cointreau Summer Soiree" ("Picture") and (b) provide email address for winner notification. The Picture must meet the "Picture Requirements," described below.
The completed Entry Form can be submitted virtually via a digital upload tool.
To submit an entry via the digital upload tool on the Contest Site, please follow the instructions on the Entry Form by providing first name, last name, mailing address, email address, telephone number, confirm legal age, and submit and tag photo with #cointreausummer. Sponsor is not responsible for illegible or incorrectly submitted entries made via the digital upload tool.
Entries received without a completed Entry Form will be disqualified.
LIMIT ONE (1) ENTRY PER ENTRANT PER WEEK. Subsequent entries will be disqualified. To be considered for the Contest, entries must be: (i) complete (as determined by Sponsor); (ii) received by the Friday before the weekly notification of winners date set forth in Section 7 below. For example entries for Week 1 must be submitted by June 7, 2015 at 11:59pm Eastern Time (ET); and (iii) in English (unless otherwise specified). Machine or computer-generated mass entries will be disqualified. Any submission not meeting the aforementioned criteria will be disqualified. Sponsor accepts no responsibility for submissions lost, delayed, damaged, defaced, or mislaid, howsoever caused. Proof of mailing does not constitute proof of entry. All entries will be deemed made by the Entrant submitted at the time of entry.
The Picture and supporting statements must meet the following criteria ("Picture Requirements"):
During the Contest Period, the Sponsor, its agents and/or the Judges (defined below) will be evaluating the Pictures to ensure that they meet the Picture Requirements. The Sponsor reserves the right, in its sole discretion, to disqualify any Entrant who submits a Picture that does not meet the Picture Requirements. Incomplete entries or entries not complying with these Rules are subject to disqualification.
Online Voting Portion to Determine Weekly Prize Winners: : Each week during the Voting Period, online voting will be available to all members of the general public who choose to vote by "liking" a Picture. To vote, the gallery will display all Entry Pictures for the Contest, order of displayed Entries will be chosen at random (by Sponsor). The voter will have an opportunity to select their favorite Entry from all Entries displayed. At the end of each Voting Period, the Picture that has received the highest number of votes will be the weekly finalist ("Weekly Finalist"). "WINNING" AS A WEEKLY FINALIST DOES NOT MEAN YOU HAVE WON THE WEEKLY PRIZE. All Weekly Finalist Pictures will be reviewed by Judges for meeting Criteria, level of appropriateness and eligibility and, if any Picture entry is determined to fail the Criteria review or be inappropriate or ineligible it will not be named a Weekly Prize winner and a replacement Weekly Prize winner will be determined in accordance with these Official Rules.
Each Picture will be evaluated based on the following "Criteria": (i) artistic merit – photography skills and use of color and light; (ii) creativity and originality - considering the representation of the Contest theme "Cointreau summer soiree", and use of the Cointreau brand, as well as the unique and novel approach to the Picture; (iii) composition- the complete content of the Picture and how well the Entrant communicates the Contest theme; (iv) overall impact- how well the picture supports the Cointreau brand and (v) adherence to the Picture Requirements and these Rules.
Tie-breaker: In the event of a tie at any level of voting or judging, the judges will re-evaluate the tied Pictures according to the Criteria until the tie is broken. The tied Pictures will be put up for a re-vote amongst the judges until the tie is broken.
Decisions of the judges are final and binding. In the event there are not enough eligible entries, not all prizes will be awarded. If a potential winner is unable for whatever reason to accept his or her prize, then Sponsor reserves the right to award the prize to another entrant.
Entry, Voting and Notification of Winners:
June 1-7, 2015
June 1-7, 2015
June 8, 2015
June 8-14, 2015
June 8-14, 2015
June 15, 2015
June 15-21, 2015
June 15-21, 2015
June 22, 2015
June 22-28, 2015
June 22-28, 2015
June 29, 2015
June 29-5, 2015
June 29-5, 2015
July 6, 2015
July 6-12, 2015
July 6-12, 2015
July 13, 2015
July 13-19, 2015
July 13-19, 2015
July 20, 2015
July 20-26, 2015
July 20-26, 2015
July 27, 2015
July 27-2, 2015
July 27-2, 2015
August 3, 2015
Aug 3-9, 2015
Aug 3-9, 2015
August 10, 2015
Aug 10-16, 2015
Aug 10-16, 2015
August 17, 2015
Aug 17-23, 2015
Aug 17-23, 2015
August 24, 2015
Aug 24-30, 2015
Aug 24-30, 2015
August 31, 2015
The potential winner(s) will be selected and notified by telephone and/or email, at Sponsor's discretion. If a potential winner does not respond to the notification attempt within three (3) days from the first notification attempt, then such potential winner may be disqualified and an alternate potential winner will be selected from among all eligible entries received based on the judging Criteria described herein. With respect to notification by telephone, such notification will be deemed given when the potential winner engages in a live conversation with Sponsor or when a message is left on the potential winner's voicemail service or answering machine by the Sponsor, whichever occurs first. Except where prohibited by law, each winner may be required to sign and return an Affidavit of Eligibility and Liability and Publicity Release and provide any additional information that may be required by Sponsor. If required, potential winners must return all such required documents via fax or email (or as otherwise instructed) within forty-eight (48) hours or such potential winner will be deemed to have forfeited the prize and another potential winner may be selected based on the judging Criteria described herein. All notification requirements, as well as other requirements within these Rules, will be strictly enforced. Determinations of Judges are final and binding.
Ten (10) winners per week will be awarded a prize of one (1) OpenTable Visa gift card in the amount of $50.
The approximate retail value (the "ARV") of a Prize is Fifty U.S. Dollars (USD $50). The total ARV of all Prizes is Six Thousand Five Hundred Dollars ($6,500 USD). No transfer or substitution of a Prize by the winner shall be allowed. In no event will the cumulative actual retail value a Prize exceed Fifty U.S. Dollars (USD $50).
A Prize may not be redeemed for cash, and there is no cash value. The prize is nonchangeable once redeemed. A Prize cannot be used in conjunction or combined with any other competition or offer. Sponsor reserves the right to substitute a prize, or any portion thereof, of equal or greater value should a prize, or any portion thereof, become unavailable for any reason.
AWARDS OF PRIZES TO POTENTIAL WINNERS ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO SPONSOR ALL DOCUMENTATION REQUESTED BY SPONSOR TO PERMIT IT TO COMPLY WITH ALL APPLICABLE STATE, FEDERAL AND LOCAL TAX REPORTING ALL PRIZES WILL BE NET OF ANY TAXES SPONSOR IS REQUIRED BY LAW TO WITHHOLD. TO THE EXTENT PERMITTED BY LAW, ALL TAXES IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNERS. In order to receive a prize, potential winners must submit tax documentation requested by Sponsor or otherwise required by applicable law, to Sponsor or a representative for Sponsor or the relevant tax authority, all as determined by applicable law. The potential winner is responsible for ensuring that he or she complies with all the applicable tax laws and filing requirements. If a potential winner fails to provide such documentation or comply with such laws, the prize may be forfeited and Sponsor may, in its sole discretion, select an alternate potential winner.
All federal, state and local laws and regulations apply. Sponsor reserves the right to disqualify any Entrant from the Contest if, in Sponsor's sole discretion, it reasonably believes that the Entrant has attempted to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other entrants, Sponsor, or the Judges.
As between Sponsor and the Entrant, the Entrant retains ownership of all intellectual and industrial property rights (including moral rights) in and to the Picture (excluding Sponsor's rights in the Sponsor or Marketing Affiliate logo/trademark). As a condition of entry, Entrant grants Sponsor and Marketing Affiliate a perpetual, irrevocable, worldwide, transferable, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, publish, distribute, publicly perform, create a derivative work from, and publicly display the Picture and that depicted therein for any purpose, including display on the Sponsor or Marketing Affiliate websites and related social media, mobile, applications and print, without any attribution or compensation to Entrant. Entries will not be returned. Sponsor and Marketing Affiliate retain all rights in the products and services and entry into this Contest will in no case serve to transfer any Sponsor or Marketing Affiliate intellectual property rights to the Entrant.
By entering the Contest, Entrants agree to participate in any media or promotional activity resulting from the Contest as reasonably requested by Sponsor or Marketing Affiliate at Sponsor's or Marketing Affiliate's expense and agree and consent to use of their name and/or likeness by Sponsor and Marketing Affiliate.
The Pictures may also be used for press and media purposes and Entrant agrees to waive any rights and not assert any intellectual property rights that Entrant has or may have in the Picture. Sponsor reserves the right to publish the name and likeness of the Entrants with the top 50 scores, the Finalists and the Winner on the Contest Site or through other media for publicity purposes.
Entrants warrant that their Pictures are their own original work and, as such, they are the sole and exclusive owner and rights holder of the submitted Picture and that they have the right to submit the Picture in the Contest and grant all required licenses. Each Entrant agrees not to submit any Picture that: (a) infringes any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, trade names, industrial designs, patent, trade secret, privacy, publicity or confidentiality obligations; or (b) otherwise violates applicable state, federal, or local law.
To the maximum extent permitted by law, Entrant indemnifies and agrees to keep indemnified Contest Entities at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Entrant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, Entrant agrees to defend, indemnify and hold harmless Contest Entities from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from: (i) any Picture or other material uploaded or otherwise provided by Entrant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy; (ii) any misrepresentation made by Entrant in connection with the Contest; (iii) any non-compliance by Entrant with these Rules; (iv) claims brought by persons or entities other than the parties to these Rules arising from or related to Entrant's involvement with the Contest; (v) acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in the Contest; (vi) any malfunction or other problem with the Contest Site in relation to the entry and participation in the Contest by Entrant; (vii) any error in the collection, processing, or retention of entry or voting information in relation to the entry and participation in the Contest by Entrant and in the voting process by consumers; or (viii) any typographical or other error in the printing, offering or announcement of any prize or winners in relation to the entry and participation in the Contest by Entrant.
Any false information provided within the context of the Contest by Entrant concerning identity, mailing address, telephone number, email address, ownership of right or non-compliance with these Rules or the like may result in the immediate elimination of the entrant from the Contest.
Sponsor is not responsible for any malfunction of the entire Contest Site or any late, lost, damaged, misdirected, incomplete, illegible, undeliverable, or destroyed Pictures or votes due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet or at the Contest Site, or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit Entrant's/consumer's ability to participate/vote respectively. Sponsor is not responsible for the policies, actions, or inactions of others, which might prevent Entrant from entering, participating, and/or claiming a prize in this Contest. Sponsor's failure to enforce any term of these Rules will not constitute a waiver of that or any other provision. Sponsor reserves the right to disqualify Entrants who violate the rules or interfere with this Contest in any manner. If an Entrant is disqualified, Sponsor reserves the right to terminate that Entrant's eligibility to participate in the Contest.
If for any reason the Contest is not capable of running as planned, including 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, terminate, modify or suspend the Contest. Sponsor further reserves the right to disqualify any Entrant who tampers with the submission process or any other part of the Contest or Contest Site. Any attempt by an Entrant to deliberately damage any web site, including the Contest Site, or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such Entrant to the fullest extent of the applicable law.
Under no circumstances shall the submission of a Picture into the Contest, the awarding of a prize, or anything in these Rules be construed as an offer or contract of employment with any of Sponsor, Marketing Affiliate or the Contest Entities. Entrants acknowledge that they submitted their Picture voluntarily and not in confidence or in trust. Entrants acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between Entrant and Sponsor, Marketing Affiliate or the Contest Entities and that no such relationship is established by Entrant's submission of a Picture under these Rules.
These Rules shall be governed by, subject to, and construed in accordance with the laws of the State of California, United States of America, excluding all conflict of law rules. If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Contest are hereby excluded, and Entrants expressly waive any and all such rights.
By entering the Contest, you agree that exclusive jurisdiction for any dispute, claim, or demand related in any way to the Contest will be decided by binding arbitration. All disputes between you and Sponsor of whatsoever kind or nature arising out of these Rules, shall be submitted to Judicial Arbitration and Mediation Services, Inc. ("JAMS") for binding arbitration under its rules then in effect in the Los Angeles, California, USA area, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred.
Except where prohibited by law, entry constitutes permission to use each potential winner's name, hometown and likenesses for online posting, and/or any advertising and publicity without notice or compensation. By entering, each participant agrees for themselves and anyone acting on their behalf to irrevocably release and hold harmless the Contest Entities, their respective legal representatives, prize providers, advertisers and each of their respective parent companies, subsidiaries, affiliates, directors, officers, employees, and agents from any and all liability for any injuries, death, loss or damage of any kind arising from or in connection with the Contest, including any damage to computer during the entry process, or any prize won. Notwithstanding the foregoing, in the event that the preceding release is determined by a court of competent jurisdiction to be invalid or void for any reason, the entrant agrees that, by entering the Contest, (i) any and all disputes, claims, and causes of action arising out of or in connection with the Contest, or any prizes awarded, shall be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorney's fees; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses.
ALL ENTRANTS AGREE THAT THE SPONSOR, AMRKETING AFFILIATE, THEIR PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, AND AGENCIES AND/OR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH THE CONTEST SHALL NOT BE LIABLE FOR CLAIMS, LOSSES, LIABILITIES, EXPENSES OR INJURIES OF ANY KIND RESULTING IN ANY WAY FROM CONTESTANT PARTICIPATION IN THE CONTEST, INCLUDING BUT NOT LIMITED TO, THE DRAWING, ACCEPTANCE, POSESSION OR USE OF THE PRIZE, ANY DELAYED, LATE, LOST, MISDIRECTED, INCOMPLETE, UNINTELLIGIBLE OR DAMAGED ENTRIES, OR ANY PRINTING, TYPOGRAPHICAL, ADMINISTRATIVE, TELEPHONY, COMPUTER, ONLINE SERVICE, COMMUNICATIONS, TRANSMISSIONS ERRORS, LOST CONNECTIONS OR OTHER TECHNICAL MALFUNCTIONS THAT MAY OCCUR.
ALL ENTRANTS ACKNOWLEDGE THAT THE SPONSOR, MARKETING AFFILIATE THEIR PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, AND AGENCIES AND/OR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH THE CONTEST MAKE NO WARRANTY OF ANY NATURE, EXPRESS OR IMPLIED IN RESPECT OF THE PRIZE, WHETHER IN RESPECT OF FITNESS FOR PURPOSE, SATISFACTORY QUALITY, DESCRIPTION OR NATURE OF THE PRIZE OR OTHERWISE. ALL PARTICIPANTS, BY ENTERING THE SWEEPSTAKES, AGREE TO BE BOUND BY THE ABOVE RULES.
You may request a list of winners after September 10th, 2015 by sending a self addressed stamped envelope to:
RGM Group Enterprises, LLC
1556 20th Street, Suite D, Santa Monica, CA 90404
(Residents of Vermont need not supply postage).