Battenfeld Technologies, Inc. ® Bubba® Christmas In July Contest
IMPORTANT: PLEASE READ THESE OFFICAL RULES BEFORE ENTERING THIS CONTEST. BY PARTICIPATING IN THIS CONTEST, YOU REPRESENT THAT YOU ARE ELIGIBLE TO PARTICIPATE IN THE CONTEST AND YOU AGREE TO BE BOUND BY THESE OFFICAL RULES.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. THIS IS A CONTEST OF SKILL AND CHANCE PLAYS NO PART IN THE DETERMINATION OF WINNERS.
- SPONSOR. Bubba Blade Inc., 2501 Lemone Industrial Blvd., Columbia, MO 65201, USA (“Sponsor”).
- TERM. The 2018 Bubba Blade Christmas In July Contest (the “Contest”) begins with the submission of qualifying photos or videos. Photos or videos must be uploaded to Facebook® or Twitter® or Instagram® July 3rd, 2018 at 8:00 a.m. U.S. Central Standard Time (“CT”) through July 5th, 2018, 11:59:00 p.m. CT (the “Entry Period”). The web page will be open for voting starting July 3rd, 2018 at 8:00 a.m. CT and ending July 5th, 2018, 11:59:00 p.m. CT (the “Voting Period”). Eligible individuals may vote for more than one photo or video during the Voting Period. The terms and conditions set forth herein constitute the official rules governing the Contest (“Official Rules”).
- CONTEST OVERVIEW: The Contest encourages engagement on Sponsor’s social media pages while promoting recreational fishing. Eligible contestants wishing to participate in the Contest must submit a photo or video, under two (2) minutes in length. Qualifying entries for each brand will be posted for viewing during the Entry Period and Voting Period. Eligible participants will have the opportunity to vote on their favorite videos for each brand during the Voting Period. The winning submission is determined by the most votes received during the Voting Period and will be posted on Friday, July 6th, 2018. The winners of the Contest will be awarded a prize package as set forth herein.
- ELIGIBILITY. Individuals wishing to enter the Contest by submitting a photo or video, and/or to win a prize, must be an individual person at least eighteen (18) years of age at the beginning of the Entry Period, and must be a legal resident of any of the fifty (50) United States and/or the District of Columbia (hereinafter “Contestants”). Individual persons wishing to vote on any submission for this Contest must be at least eighteen (18) years of age at the beginning of the Voting Period, and must be a legal resident of any of the fifty (50) United States and/or the District of Columbia (hereinafter “Participants”). Any eligible Contestant may also submit votes as a Participant in this Contest in accordance with these Official Rules. Any effort by any Contestant participating in, or any Participant submitting a vote in, the Contest to misrepresent himself or herself through the use of aliases or multiple e-mail addresses will disqualify that Contestant or Participant. Submissions or votes generated by a script, macro or other automated means are void. Contestants and Participants who disregard these Official Rules are not eligible to participate or win this Contest. Directors, officers, employees, contractors and agents (and their immediate families and household members) of the Sponsor, its parents, affiliates, subsidiaries, advertising and promotion agencies or any other company involved with the design, production, execution or distribution of the Contest, and persons who were awarded a prize or received other promotional consideration from the Sponsor within six (6) months prior to the beginning of the Entry Period are also not eligible. All applicable federal, state, and local laws and regulations apply. The Contest is void where prohibited by law. The Sponsor’s determination of eligibility, in its sole discretion, shall be final.
Any question or dispute about the identity of any Contestant or Participant entries’ made via the Internet will be declared made by the authorized account holder of the email address submitted at time of entry. For purposes of these Official Rules, an authorized account holder is the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. The potential Contest winner may be required to provide Sponsor with proof that the potential winner is the authorized account holder of the email address associated with the winning entry.
- HOW TO ENTER. During the Entry Period (1) post a photo or video on Facebook® or Instagram® or Twitter®; and (2) use the hashtag, #FishingForThe4th or #FishingForTheFourth in the post
The Category for entries is: salt water or fresh water fishing. There is no limit on the number of photo or video entries per Contestant during the Entry Period. Each entry must comply with the following requirements (the “Video Requirements”):
NOTE: Sponsor will review all photo or video entry submissions for compliance with these Official Rules has the right to remove any photo or video entry from contest. Any photo or video entry submission that, in Sponsor’s sole discretion and determination, contains inappropriate content or content that may be deemed obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or unlawful, including, without limitation, obscenities, threats, violence, unsafe behavior or situations, or disparagement of any product, service or person obscene, provocative, defamatory, disparaging, sexually explicit, or otherwise does not comply with the Photo or Video Requirements will be deleted immediately and automatically disqualified from the Contest.
- Each video entry must comply with the following requirements:
- the video must be less than two (2) minutes in duration;
- the video must be in digital format. Only online entries will be eligible. No print or film submissions will be accepted for entry into this Contest;
- digital formats supported are .mov, .mp4, and .m4v.
- videos that include sculptures, statues, paintings and other works of art will be accepted as long as they do not constitute copyright infringement or fraud; provided Contestants must provide a release form as described in these Official Rules;
- the video, in its entirety, must be a single work of original material created by the Contestant. By entering the Contest, Contestant represents, acknowledges, and warrants that the submitted video is an original work created solely by the Contestant, that the video does not infringe on the copyrights, trademarks, moral rights, rights of privacy/publicity or intellectual property rights of any person or entity, and that no other party has any right, title, claim, or interest in the video; and
- ALL APPLICABLE LAWS AND REGULATIONS MUST BE FOLLOWED;
THE ENTRIES REPRESENT SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL CONTESTANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. SPONSOR IS ACTING AS A PASSIVE CONDUIT FOR THE POSTING/PUBLICATION OF ENTRIES AND HAS NO OBLIGATION TO AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH SCREENING, MONITORING OR REVIEWING THE CONTENT OF ENTRIES.
- HOW TO VOTE; JUDGING. Participants may vote for their favorite submissions (one vote per Participant per hour per day during the Voting Period) on the designated Contest web page until the closing date of July 4th, 2018 at 11:59:00 CT. Winning submissions shall be determined for Bubba Blade in this Contest. For Bubba Blade, the qualifying Contestant whose submission has the most votes at the end of the Voting Period shall be declared the winner of the Contest. In the case of a tie in the number of votes received for two or more submissions, Sponsor shall in its sole discretion determine the winning submission.
No prize transfer, assignment, or substitution by winners permitted. If a prize (or part of a prize) is unavailable, the Sponsor, in its discretion, reserves the right to substitute the original prize (or that part of the prize) with an alternative prize to the equal monetary value and/or specification, unless to do so would be prohibited by law.
- CONTEST MATERIALS; LICENSES; RELEASES; INDEMNIFICATION. By submitting a photo or video for this Contest, you grant to Sponsor and its affiliates, and each of their respective licensees, successors and assigns, a perpetual, irrevocable, worldwide, exclusive, freely transferable and sub-licensable, fully paid-up and royalty-free right and license to use, transmit, reproduce, copy, modify, publicly distribute, publicly display and prepare derivative works based on the video(s) submitted, and all content, information, posting, communication, message or other materials (including your name, image or likeness) provided or submitted by you (collectively “Contest Materials”), in whole or in part, including all copyrights and other intellectual property rights therein in any and all media or form of distribution throughout the universe, for all or any purposes whatsoever, including without limitation promotional and external or internal uses, sponsorship or endorsement, consumer and trade advertising or marketing, other trade purposes, distribution and sales, and for web site, online, social media, or Internet usage. Subject to these Official Rules, you understand that all Contest Materials will be treated as non-confidential and nonproprietary information. Contestants consent to the Sponsor doing or omitting to do any act that would otherwise infringe the Contestant’s “moral rights” in their video submissions. Display or publication of any Contest Materials on Sponsor’s website or social media sites does not indicate that the Contestant will be, or has been, selected as a winner. Sponsor will not be required to pay any consideration or seek any additional approval in connection with any use of any Contest Materials.
Additionally, each Contestant and Participant grants to Sponsor the irrevocable, perpetual, worldwide and unrestricted right to use their name, likeness, voice, persona, hometown, prize information and all statements made in connection with the Contest in all media now known or hereafter devised throughout the universe in perpetuity in any way Sponsor sees fit including, but not limited to, entertainment, education and promotional purposes. Sponsor will not be required to pay any consideration or seek any additional approval in connection with such use.
If Contest Materials contain any images, material, property or other elements that are not owned by the Contestant and/or which are subject to the rights of third parties, and/or if any persons appear in the Contest Materials, the Contestant is responsible for obtaining, prior to submission of the Contest Materials, any and all releases and consents necessary to permit the exhibition and use of the Contest Materials in the manner set forth in these Official Rules without additional compensation. If any person appearing in any Contest Materials is under the age of majority in their state/province/territory of residence the signature of a parent or legal guardian is required on each release. Contestants shall provide evidence of any such releases, consents, licenses or permissions to Sponsor upon Sponsor’s request.
By participating in the Contest, each Contestant, for himself/herself and on behalf of any other person appearing on a video submitted by Contestant in connection with the Contest agrees that Sponsor, and its parent, subsidiaries and affiliated companies, and their respective successors or assigns, and any and all of their respective officers, directors, shareholders, employees, agents, representatives, licensees, and advertising and promotion agencies (collectively, the “Released Parties”), shall not be liable for any personal injury, death, loss or damage of any kind or any other causes of action or claims related to Contestant’s participation in the Contest, any Contest-related activity, use of the Video submitted with the entry, or acceptance or use of the prize awarded, or any portion thereof, and/or based on publicity rights, defamation or invasion of privacy. By participating in the Contest, each Contestant agrees to release and discharge, and hereby releases and discharges, for himself/herself and on behalf any other person appearing on the Video, the Released Parties from any liability arising from or related to the Contest, including without limitation, liability arising from or related to claims for personal injury, death, property damage, or claims based on publicity rights, defamation, or invasion of privacy.
Each Contestant agrees to indemnify, defend and hold harmless the Released Parties from and against any loss, damage or expense (including court costs and attorneys’ fees) that any or all of them may suffer or incur as a result, directly or indirectly, of, or in conjunction or connection with Contestant’s participation in the Contest, any Contest-related activity, use of the Video submitted with the entry, receipt, acceptance, use and/or enjoyment of the prize awarded, or any portion thereof, and/or any breach or alleged breach of any warranty or representation made by contestant in connection with the Contest.
Battenfeld Technologies, Inc.
Attn: Bubba Christmas in July Giveaway
2501 Lemone Industrial Blvd.
Columbia, MO 65201 USA
Vermont residents may omit return postage. Requests for winners list must be received within sixty (60) days of July 6, 2018.
- GENERAL. By entering this Contest, each contestant warrants that, (a) the contestant has read, understood and followed these Official Rules; (b) the contestant agrees to be bound by the decisions of the Sponsor; and (c) the contestant is eligible under these Official Rules. Each potential prize winner is subject to verification and investigation before being awarded any prizes. This Contest shall be governed by Missouri law. By participating in this Contest, contestants agree that, except to the extent prohibited by applicable law, (1) any and all disputes, claims and causes of action arising out of or connected with this Contest, shall be resolved individually, without resort to any form of class action, and exclusively by the U.S. District Court for the Western District of Missouri (Central Division) or the appropriate Missouri State Court located in Boone County, Missouri, and contestants submit to the exclusive jurisdiction and venue of such courts for any and all causes of action relating to this Contest or the prize awarded; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event shall there be a claim or award of attorneys’ fees or costs; and (3) under no circumstances will contestants be permitted to obtain, and contestant hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
In case of a dispute over the identity of a contestant who submitted the winning entry, the authorized account holder of the Facebook account associated with that entry will be deemed the contestant. The “authorized account holder” is deemed the natural person who is assigned the Facebook account by Facebook, Inc. Such owner must: comply with these Official Rules; be the person who completed the act of entering; and, in Sponsor’s sole discretion, may be required to provide proof of ownership of the Facebook account.