Huffy Green Machine Contest
Official Rules
NO PURCHASE NECESSARY. INTERNET ACCESS IS REQUIRED TO ENTER.VOID WHERE PROHIBITED.
1. Eligibility:
Huffy’s Contest ("Contest") is open only to legal residents of the 50 U.S. and the District of Columbia and who are 6 years of age or older at time of entry who have a valid user account with YouTube. If you are a minor in your jurisdiction of residence, your parent or legal guardian must enter the Contest for you, sign all documents on his/her and your behalf and must oversee the making of the video. Employees and directors of Huffy Corporation, (“Sponsor” and “Huffy”), and Carolina Manufacturer’s Services, Inc. (“CMS”) (collectively the Contest Entities”), those responsible for the development, promotion, distribution and implementation of this Contest, their respective parents, affiliates, subsidiaries, advertising and promotion agencies, and printing suppliers for this Contest, and the immediate family members (parents, siblings, children & spouse), regardless of where they live, or persons living in the same household, whether related or not, of such employers and directors are ineligible. By participating you agree to these Official Rules and the decisions of CMS, the Contest Administrator, and/or Sponsor which are final and binding in all respects.
2. Contest Period:
The contest begins at 12:00:01 a.m. Eastern Time ("ET") on April 1, 2008 and ends at 11:59:59 p.m. ET, May 14, 2008.
3. How to Enter:
How do YOU Green Machine? Create your own video. In 1 1/2 minutes or less, take your ride beyond the imagination of others. Go somewhere unexpected. Make it clever, make it amazing or make it funny. Upload your video to your YouTube account at www.YouTube.com (or if you are a minor or are otherwise ineligible to open a You Tube account, your parent or legal guardian must open a You Tube account where he/she must place your video). Once your video is on the You Tube account, proceed to www.HowDoYouGreenMachine.com and complete the entry process which will ask you for your e-mail address and age and the location of your video on the You Tube website. If you are a minor in your jurisdiction of residence, your parent or legal guardian must submit your entry and must execute all documents relating to this Contest on his/her and your behalf.
The uploaded video and completed entry form becomes your “Entry.” Videos may only be submitted through a valid YouTube account. NO OTHER METHOD OF ENTRY WILL BE ACCEPTED. Your Entry must be received no earlier than 12:00:01 ET April 1, 2008 and no later than 11:59:59 pm ET, May 14, 2008. The Sponsor’s Agent’s computer will record the receipt of each Entry. LIMIT ONE ENTRY PER PERSON, PER EMAIL ADDRESS.
Sponsor’s agent will visit your You Tube website to view your Contest Video to determine if it has met the contest requirements and complies with the Official Rules, thereby qualifying for entry into the Contest. The video will be rejected if it contains any inappropriate, offensive or immoral content, dangerous activities, harms people, animals or private property. By submitting an Entry, entrant warrants and represents that the Entry does not violate any law, regulation or right of any third party, including but not limited to copyright, trademark, rights of publicity or privacy, libel, slander or portrayal in a false light, the Entry is your own original work, that you have followed the Official Rules of this Contest, and that your video has not been published, or submitted in any other competition. Videos submitted that contain any third party copyrighted content such as but not limited to video material from music or other videos, or sound material (whether music, lyrics, voice, or a combination of any of them, and inclusive of parody) from any source may be disqualified. If the Sponsor determines that your video is eligible your You Tube site will be included on Sponsor’s Contest website as one that has been entered into the Contest. At this time, all visits to your You Tube site to view your video will be recorded and credited to your total of video entry "hits."
The video that receives the most "hits" (visits) on YouTube, as determined by You Tube and confirmed by the Sponsor’s agent, will be declared the winning video and the entrant submitting that video will receive a Wii Game Console (ARV $250) and $50 cash. In the event of a tie, all tied entries will be awarded a prize.
Further, by submitting an Entry, entrant grants permission for Sponsor to post, and otherwise make use of, the video on the World Wide Web as is consistent with these Official Rules (as solely determined by Sponsor), and warrants and represents that entrant has all right to grant such permission. Any Entry that, in the sole opinion of the Sponsor, is considered inappropriate or unsuitable for publication, or violates any warranty or representation, or is otherwise not in compliance with these Official Rules, will be deemed ineligible.
By entering the contest, entrants grant Sponsor the right to publish and use submitted videos in print or electronic form for advertising and promotion purposes, and for Sponsor’s commercial products, including but not limited to Sponsor’s publications.
Submission of any entry further constitutes the entrant’s consent to irrevocably assign and transfer to the Sponsor any and all rights, title, and interest in the entry, including without limitation, all copyrights; and winning entrant agrees to execute any documents requested by Sponsor to legally transfer and verify Sponsor rights in the submitted video.
4. Prizes:
One (1) Grand Prize: A Wii console and $50 cash in the form of a check.
Prize cannot be substituted, assigned, transferred or redeemed for cash, but Sponsor, in its sole discretion may substitute a prize of equal or greater value if prize becomes unavailable for any reason. If winner cannot accept prize as stated the prize will be forfeited in its entirety and an alternate winner will be selected. Expenses not stated are the sole responsibility of the winner. All Federal, State and local taxes are the sole responsibility of winner.
5. General Conditions:
Winner (or Winner’s parent or Legal Guardian if Winner is a minor) will be required to complete, execute and return an Affidavit of Eligibility, a Liability Release and, where lawful a Publicity Release within seven (7) days of notification. If any Affidavit/Release are not returned within the stated time, or if an entrant is found to be ineligible, or if he/she does not comply with the Official Rules, or if any prize or prize notification is returned as undeliverable, disqualification will result and the next highest ranked video will become the winner. Except where prohibited by law, without additional consideration, the winner’s entry and acceptance of the prize constitutes agreement to grant permission for the Sponsor, and those acting pursuant to Sponsor’s authority to use the Grand Prize winner’s name, photographs, likeness, statements (if true), biographical information, voice, city and state of residence, and photos, and Entry, for advertising and trade purposes on a worldwide basis (without review by winner) and in all forms of media and on the world wide web.
By participating, any right to claim ambiguity in the contest or these Official Rules is waived. BY PARTICIPATING YOU HEREBY RELEASE, DISCHARGE AND AGREE TO INDEMNIFY AND HOLD HARMLESS, SPONSOR, CMS INTERNATIONAL, THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, ADVERTISING AND PROMOTION AGENCIES, AND ALL OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES (collectively "Releasees") FROM AND AGAINST ANY LIABILITY FOR ANY INJURIES (INCLUDING DEATH), DAMAGES OR LOSSES TO ANY PERSONS OR PROPERTY, OR THE BREACH OR FAILURE OF ANY REPRESENTATION OR WARRANTY, OR OBLIGATION, OR THE VIOLATION OF INTELLECTUAL PROPERTY OR PERSONAL RIGHTS (SUCH AS BUT NOT LIMITED TO, COPYRIGHT, PATENT, TRADE NAME/TRADEMARK, AND/OR RIGHTS OF PRIVACY OR PUBLICITY, SLANDER, LIBEL, OR PORTRAYAL IN A FALSE LIGHT) OF ANY KIND (WHETHER DUE TO NEGLIGENCE OR OTHERWISE) RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY FROM ACCEPTANCE, POSSESSION, MISUSE OR USE OF ANY PRIZE OR PARTICIPATION IN ANY CONTEST-RELATED ACTIVITY OR PARTICIPATION IN THIS CONTEST.
ALWAYS WEAR A HELMET AND FOLLOW PRODUCT SAFETY INSTRUCTIONS
6. Limitations of Liability:
Releasees are not responsible for late, lost, damaged, misdirected or incomplete entries; or system errors or failures, or faulty transmissions or other telecommunications malfunctions and/or any hardware or software or programming failures of any kind, lost or unavailable network/web site/ISP/Usernet connections or access, or failed, incomplete or garbled computer, cable or telephone transmissions, or for any problems or technical malfunction(s) of any telephone or cable network or lines, or computer problems or traffic congestion at the ISP, on the Internet, or at a Website, or combination of any of the foregoing, or the incorrect or inaccurate capture of entry, hits or other information or the failure to capture, or loss of, any such information. Further, Releasees, are not responsible for any injury or damage to entrant’s or any other person’s computer related to or resulting from downloading any material for the Contest, or other telecommunications or cable malfunctions which may limit or bar an entrant’s ability to participate. Releasees, are not responsible for incorrect or inaccurate information caused by hacking or unauthorized third party intervention or by any of the equipment or programming associated with or utilized in the Promotion and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to, or use of, the Web site. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention, technical failures or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries or hits, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest, and select the winner from entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor. In case of dispute, the authorized subscriber of the e-mail account used to enter the promotion at the actual time of entry will be deemed to be the participant, and must comply with these Official Rules. The authorized account subscriber is deemed to be the natural person who is assigned an e-mail address by an Internet Access Provider, on-line service provider, or other organization which is responsible for assigning e-mail addresses.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. IN NO EVENT WILL RELEASEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE INTERNET SITE WWW.HOWDOYOUGREENMACHINE.COM, THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEB SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
7. Winners List:
For the name of the Grand Prize winner, mail a self-addressed stamped envelope for receipt by 5/14/07 to: How Do You Green Machine Winner’s List, CMS, Attn: Huffy 01, PO BOX 426008, Del Rio, TX 78842-6008. Winner’s name and photos may also be posted on the above web site. For Official Rules, please send SASE to the address above for receipt by 4/21/08.
8. Dispute Resolution/Choice Of Law:
The Contest is governed by the laws of the State of Ohio without regard to conflict of law doctrine, with venue in the state courts for Montgomery County and the federal courts of the Southern District of Ohio, and all claims must be resolved in such courts.
9. Privacy Policy:
The entry information provided is subject to the Privacy Policies on the above stated Web sites. To read those Policies, access the Web sites and then access their respective Privacy Policy.
Sponsor: Huffy Corporation, 6551 Centerville Business Parkway, Centerville, OH 45459.