“LIVEZOZI” PHOTO CONTEST
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. The “LiveZOZI” Photo Contest (the “Contest”) is sponsored by EkoVenture, Inc., having an address of 535 Pacific Ave., 4th Floor, San Francisco, CA, 94133 (“Sponsor”).
Subject to these Official Rules, the Contest is open only to permanent legal U.S. residents physically residing in the fifty (50) United States of America and the District of Columbia, who are at least 18 years old as of the date of entry. Employees of Sponsor and their respective parents, affiliates, subsidiaries, and advertising and promotion agencies and any other entity involved in the development or administration of this Contest, and their immediate family members or household members are not eligible to participate in or win the Contest. THE CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET, OR WHERE THE METHODS OF ENTRY SET FORTH BELOW WOULD BE DEEMED CONSIDERATION. ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS APPLY.
The Contest begins at July 1, 2014 and will continue until terminated by the Sponsor (“Entry Period”). Contest Prizes may vary month to month, as determined by Sponsor, in accordances with “PRIZES” section of these Official Rules.
HOW TO ENTER:
No purchase or payment is necessary to participate in the Contest.
During the Entry Period, enter the Contest by submitting a photo to Twitter or Instagram with the hashtag #LiveZOZI. Multiple entrants that submit the same photo will be disqualified. Adding the hashtag to an existing photo does not constitute entry. At the end of each month, a winner will be selected.
Decisions of the Sponsor are final and binding with respect to all matters related to the Contest. In no event shall the Sponsor be obligated to award any prizes other than the Prizes specified in these Official Rules. The Prizes are non-transferable and no substitutions are permitted, except that Sponsor reserves the right to substitute a prize of equal or greater monetary value for any Prize if such Prize should become unavailable for any reason. Winners shall be responsible and liable for all federal, state and local taxes on the value of the Prizes, and any related shipping and handling charges.
Contest prizes may vary month to month, however, average retail value of total prizes awarded each month shall remain approximately $500. Each month, Sponsor will provide description of available prizes via Twitter or Instagram.
The Contest will be conducted under the supervision of the Sponsor. The decisions of the Sponsor are final and binding in all matters relating to this Contest. Winners will be notified by Twitter, Instagram, or email. Winners must claim their Prize within 48 hours after the date of notification of such Prize. A Contest winner's failure to respond to the Prize notification within the specified 48 hours will be considered such Contest winner's forfeiture of the prize and an alternate winner may be selected from the pool of eligible entries. If an entrant is found to be ineligible, an alternate winner may also be selected from the pool of eligible entries.
Three Judges shall review the eligible entries and select a winning photo. The Judges shall base their decision on the following criteria: inspirational impact and photo quality. The decision of the Judges is final and binding.
By entering The Contest, entrant hereby grants to Sponsor and its contractors, assigns, licensees, successors in interest, legal representatives, and heirs, under all applicable intellectual property rights, a non-exclusive, perpetual, royalty-free, right and license (including the right to sublicense third parties) to use, reproduce, make derivative works of, distribute, transmit and otherwise exploit the Photo in any manner, including without limitation on social media postings, as well as in connection with Sponsor's marketing and promotion throughout the universe by any means now known or hereafter invented. Entrant will confirm my consent to the foregoing permissions and license upon reasonable request by Sponsor. Sponsor shall have no obligation to use or take any action with respect to the Photo. Entrant understands that Sponsor will use commercially reasonable efforts to provide attribution of the Photo to me, if the circumstances of the use reasonably allow such attribution to be included.
Entrant retains all right, title and interest (subject to the license granted herein) in and to the Photo, and entrant represents and warrants that entrant (i) owns the Photo and/or possess all rights in the Photo necessary to grant the rights and licenses set forth above; and (ii) has obtained all consents and releases (including without limitation, from all models or other persons appearing in the Photo) necessary for Sponsor to use the Photo as contemplated in this Agreement without payment of any kind to any third party. entrants agree to defend, indemnify and hold harmless Sponsor, its affiliates and contractors and each of Sponsor's and such affiliates' and contractors' respective employees, contractors, directors, suppliers, representatives, customers and licensees from all liabilities, claims and expenses, including reasonable attorneys' fees, that arise from or relate to any breach or alleged breach by me of my representations and warranties in this Agreement. Sponsor reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by me, in which event entrant will assist and cooperate with Sponsor in asserting any available defenses.
GENERAL CONDITIONS AND RELEASES:
Winners may be required in Sponsor’s sole discretion to complete relevant tax forms as a condition to the delivery of the applicable prize. Winner may also be required to furnish proof of identity, address and birth date in order to receive a Prize.
An entrant or winner may be disqualified from the Contest if he or she fails to comply with each provision of these Official Rules, as determined in the sole discretion of the Sponsor. Participation in the Contest is at entrant’s own risk. Sponsor shall not be liable for: (1) failed, returned or misdirected notifications based on inaccurate information provided by the winner in connection with an entry; (2) entries and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind; (3) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit an entrant's ability to participate in the Contest; (4) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to entrant's or any other person's computer or mobile device related to or resulting from downloading the App or otherwise in connection with this Contest; or (5) any warranty with respect to any Prize or any component thereof. THE PRIZES ARE AWARDED “AS IS” AND SPONSOR DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ANY AND ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE PRIZES.
NOTWITHSTANDING ANYTHING ELSE HEREIN OR OTHERWISE, SPONSOR AND/OR ITS VENDORS SHALL NOT BE LIABLE OR OBLIGATED WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (A) ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, GOODWILL, OR ANTICIPATED PROFITS), (B) DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, AND/OR (C) ANY MATTER BEYOND SUCH PARTIES’ REASONABLE CONTROL.
By entering the Contest, you agree to and hereby do release and hold harmless Sponsor, and their respective parents, subsidiaries and affiliated entities, directors, officers, employees, attorneys, agents, and representatives from any damage, injury, death, loss, claim, action, demand, or other liability (collectively, “Claims”) that may arise from your acceptance, possession and/or use of any Prize or your participation in this Contest, or from any misuse or malfunction of any Prize awarded, regardless of whether such Claims, or knowledge of the facts constituting such Claims, exist at the time of entry or arise at any time thereafter. Any person attempting to defraud or in any way tamper with this Contest may be prosecuted to the full extent of the law. Sponsor reserves the right to modify these Official Rules in any way or at any time. Sponsor reserves the right, in its sole discretion, to cancel or suspend this Contest should viruses, bugs or other causes beyond their control corrupt the administration, security or proper operation of the Contest. In the event of cancellation or suspension, Sponsor shall promptly post a notice on Sponsor’s website to such effect. This Contest shall be governed by California law, without regard to conflicts of laws provisions. By participating in this Contest, you agree that any dispute or litigation arising from or relating to this Contest shall be determined by binding arbitration only in San Francisco, CA, by and under the Streamlined Arbitration Rules and Procedures of JAMS, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, Sponsor may seek equitable relief in any court of competent jurisdiction. If any provision of these rules is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these rules otherwise remain in full force and effect and enforceable.