Official Contest Rules
A PURCHASE IS REQUIRED.
1. Eligibility. Open only to legal U.S. Residents, 21 or older, with a valid driver’s license. It is entrant’s sole responsibility to own or have the right to use a digital camera or a wireless device with camera functionality as well as having access to the Internet (desktop or wireless). Employees, officers, directors of The Salt Lake City Landsmen, LLC dba Budget Car and Truck Rental of Utah, its parent company, subsidiaries, divisions, affiliates and franchisees, as well as the immediate family members and persons residing in the same household of such employees/officers/directors are not eligible for the Contest. (For purposes of these Official Rules, “immediate family” is defined as mother, father, sibling or spouse). Void where prohibited by law.
2. Contest Period. Contest starts August 1, 2014 at or after 12:01 a.m. Mountain Time and ends September 8, 2014 at 11:59 p.m. Mountain Time. Contest Period consists of six (6) weeks, each beginning on Friday and ending the following Thursday, except for the final week which begins on Friday September 5, 2014 and ends on Monday September 8, 2014. Sponsor’s computer is the official clock for purposes of the Contest.
3. How To Enter. Follow @budgetutah on Instagram and/or Twitter**. Take a photo of you traveling around Utah in a car or truck that you rented from Sponsor within the past six (6) months and share it via Instagram or Twitter. To be eligible for a given week, entry must be posted/tweeted by 11:59 p.m. Mountain Time on the last day of that week (generally, Thursday). Be sure to tag @budgetutah and include the hashtag #budgetonthegocontest. If @budgetutah is not tagged or hashtag is omitted or incorrect, your photo will not be entered in the Contest. Limit of one (1) entry per person per week. (If you share the same photo during a given week on Instagram and Twitter, this will only count as one (1) entry.) DO NOT POST/TWEET THE SAME PHOTO FOR MORE THAN ONE (1) WEEK. A given Instagram or Twitter account can only be used by one (1) person to participate in the Contest; and, a given person can only participate by using one (1) Instagram and/or Twitter account. In the event of a dispute as to the identity of a winner, entry will be deemed made and prize awarded to (if applicable), the owner of the e-mail address associated with the Twitter or Instagram account used to enter the Contest; Sponsor shall determine the identity of the owner of the e-mail address in its sole discretion. Use of automated or programmed means of sharing/entering the Contest is prohibited and will result in disqualification. Message and data rates apply to use of mobile device for Contest entry. You may be charged by your wireless carrier for submitting your entry via mobile device. Be sure to check your wireless carrier’s pricing plan before entering via mobile device. Not all mobile devices offer wireless Internet access; and, wireless Internet access may not be available in all areas.
**If you do not have a Twitter or Instagram account, you may open one for free. Instagram is only available as an “app” on certain compatible mobile devices, however.
4. Content Restrictions. If Sponsor determines in its sole discretion that a photo is in violation of any of the following restrictions, then the photo will NOT be entered in the Contest. (And, in such case, Sponsor reserves the right – but is in no way obligated to – allow person to remedy the defects in the photo and seek to enter the Contest again.):
A. Photo must be your original work. DO NOT COPY THE WORKS OF OTHERS. Do NOT use stock photos or re-tweet/re-post others’ photos.
B. Photo cannot violate the trademark, copyright or other rights of any third party.† Third parties include other persons in your photo as well as the photographer of the photo (if not you.)
C. Photo must be truthful and represent your honest opinions about your experience in renting a car or truck from Sponsor.
D. Photo cannot advocate violence, alcohol or drug use or any illegal act. Illegal acts include but are not limited to operation of a motor vehicle in violation of traffic or safety laws. YOU ARE ADVISED TO OBEY ALL TRAFFIC/MOTOR VEHICLE SAFETY LAWS AT ALL TIMES.
E. Photo cannot include inappropriate, offensive or obscene material or gestures (e.g., hate speech or nudity).
F. Photo cannot disparage, reflect poorly upon or otherwise adversely affect the goodwill and/or reputation of Sponsor or its rental car/truck services.
G. Photo cannot have been previously published.
† Sponsor grants to entrants the limited, non-transferable right to use its trademarks for the sole purpose of creating photos to be submitted as entries in the Contest as per these Official Rules, contingent upon all trademark notices being retained in their original form. Such grant of rights will automatically expire at the end of the Contest Period. Any other use of Sponsor’s trademarks will be considered an actionable violation of Sponsor’s rights in same.
5. Grant of Rights in Photo.
Subject only to any rights retained by Twitter or Instagram (as the case may be), entrant grants to Sponsor the non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicenseable right and license to use, perform, exhibit, reproduce and/or otherwise exploit the photo in any manner and in any and all distribution channels, venues or media now known or hereafter devised, without further notice or any compensation to Entrant. Entrant waives any “Moral Right of Authors” (Droit Moral) in the photo. Entrant further agrees, upon Sponsor’s request and without compensation, to sign any and all necessary and appropriate documents so as to effect, perfect or record such grant of license rights.
Entrant further expressly acknowledges that (a) Sponsor has no duty of confidentiality or fiduciary duty of any kind with respect to the photo; and (b) Sponsor has wide access to ideas, stories, designs and other literary/artistic materials submitted to it from outside sources or being developed by its own employees and that such ideas/stories/designs/literary/artistic materials may be competitive with, similar to (or even identical to) entrant’s photo and that Sponsor shall have no liability to entrant or any third party in conjunction therewith.
UPLOADED PHOTOS REPRESENT SOLELY THE VIEWS/OPINIONS OF THE APPLICABLE ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. SPONSOR IS MERELY REQUESTING PERSONS TO POST/PUBLISH PHOTOS AND DISCLAIMS ANY RESPONSIBILITY IN CONJUNCTION WITH SAME.
6. Winner Selection.
A. Weekly Prizes:
For each week of the Contest Period, Sponsor will review all eligible entries/photos based on creativity (25%), originality (25%), relevance to theme (25%) and alignment with the spirit of Sponsor’s brand (25%). The eligible entrant who submitted the top entry/photo each week is the potential Weekly Prize winner for that week. In the unlikely event of a tie, the tied entrant with the higher/highest score in relevance to theme will be deemed the potential winner for that week. Non-winning entries from one (1) week will be retained for subsequent week(s), as appropriate. The judging for a given week will take place on or about three (3) business days after the conclusion of a week.
B. Grand Prize:
The entrant whose photo received the most re-tweets (on Twitter) or re-posts (on Instagram) during the Contest Period will be the potential Grand Prize winner. In determining the potential Grand Prize winner, entrants understand and agree that Sponsor is relying on the validity of data collected and made available by Twitter and Instagram; and, Sponsor expressly disclaims any liability in conjunction with the comprehensive and/or accuracy of such data. Without limiting the foregoing, Sponsor is in no way bound by any posted totals of re-tweets/re-posts on Twitter/Instagram and even if a person appears to have the highest number of re-tweets/re-posts during the Contest Period, he/she may not be the potential Grand Prize winner. In the unlikely event of a tie, Sponsor will re-judge the tied entries using the criteria set forth in Rule 6A so as to determine the Grand Prize winner. The determination of the potential Grand Prize winner will take place on or about September 15, 2014.
Use of any means to manipulate the total number of re-tweets or re-posts for a given photo (e.g., offering of a benefit for re-tweeting/re-posting) may result in discounting of certain re-tweets/re-posts, disqualification of person whose entry/photo benefitted from such manipulation, and/or the imposition of legal sanctions against persons involved in such conduct.
7. Winner Notification. Potential winners will be notified via direct message from @budgetutah. IT IS THE ENTRANT’S SOLE RESPONSIBILITY TO ASSURE THAT HIS/HER TWITTER (OR INSTAGRAM) SETTINGS ALLOW FOR SPONSOR TO CONTACT HIM/HER VIA DIRECT MESSAGE. Potential winner must respond to direct message notification within forty-eight (48) hours with all prescribed information in order to remain eligible to win prize. Potential winners may also be required to complete, sign and return an Affidavit of Eligibility, a Liability Release and a Publicity Release (where lawful) within three (3) business days of notification. In the event of noncompliance with these requirements (as applicable) or if a potential prize winner cannot be contacted, is ineligible or is otherwise not in compliance with these Official Rules, he/she will be disqualified and an alternate winner selected as set forth in Rule 6 above.
Weekly Prizes (6, 1 per week) – weekend rental of Economy-Standard sedan. Approximate Retail Value: $105 each. Weekend rental is for 3 day period, commencing Thursday (or Friday) and terminating Sunday (or Monday).
Grand Prize (1) – one week rental of Economy-Standard sedan. Approximate Retail Value: $250. Rental is for 7 day period.
Limit of one (1) Weekly Prize per family/address/household. Any expenses related to acceptance and use of prize which are not specified in these Official Rules are winner’s sole responsibility. Such expenses include but are not limited to fees and insurance associated with vehicle rental. Standard terms and conditions of the Budget Utah car/truck rental agreement apply. Choice of sedan, including model, color and options, is subject to availability and other restrictions. Winner may not receive his/her first choice of vehicle rental. Vehicle depicted in Contest advertising may differ from vehicle available for rental as prize. Winner will be solely responsible for all applicable taxes on prize(s) won. No prize substitution except by Sponsor if advertised prize is unavailable for any reason, and only then for prize of comparable value. Prizes are not redeemable or exchangeable for cash. Prizes are not transferable without the express written consent of Sponsor which may be granted or withheld without liability of any kind.
9. Limitations of Liability. Sponsor is not responsible for:
A.Entries/photos that are lost, late, illegible/garbled, corrupted, misdirected, defective, inaccessible, compromised, incomplete, damaged or delayed (and all such entries/photos are void);
B. Incomplete, incorrect or inaccurate information, whether caused by tampering, hacking, equipment malfunction/failure or other cause;
C. Any error, omission, interruption, deletion, defect, delay in operation or transmission of entries/photos, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries/photos;
D. Any problems or technical malfunctions, disruptions or failures of any kind, including telephone network or lines, computer on-line-systems, servers or providers, software or programming (including filtering or other operation of the functionality of Instagram and/or Twitter) or for damage to one’s computer or mobile device (or information stored thereon) in conjunction with participation in the Contest.
10. Additional Conditions of Participation.
By participating, entrant (a) agrees to these Official Rules as well as all decisions of Sponsor which are final and binding in all respects and not subject to appeal; and (b) indemnifies, releases and agrees to hold harmless Sponsor, its parent company, subsidiaries, divisions, affiliates and franchisees, and the directors, officers, agents, representatives, shareholders, employees, successors and assigns of any of the above organizations, as well as Twitter, Instagram and Facebook from any and all liability arising from participating in the Contest, any Contest-related activity and/or acceptance, receipt, possession or use/misuse of any prize.
By accepting prize(s), except where prohibited by law, winner agrees to the use of winner’s name, likeness, voice, photograph and/or other indicia of persona for advertising/publicity/trade purposes by Sponsor and its designees without further compensation or notice.
If, for any reason, the Contest (in whole or in part) is not capable of running as planned due to any reason beyond Sponsor’s control (e.g., system malfunction, unauthorized intervention, fraud, technical failures, natural cataclysm, riot, strike, governmental activity), Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest and conduct the Contest and award the prizes in a manner which is fair, equitable and in accordance with these Official Rules, as determined by Sponsor in its sole discretion. Notice of such action by Sponsor will be posted @budgetutah on Instagram and Twitter.
This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram, Twitter or Facebook.
Sponsor’s failure to enforce a provision of these Official Rules in a given circumstance shall not constitute the waiver of such provision.
CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS 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 PERSON TO THE FULLEST EXTENT PERMITTED BY LAW (IN ADDITION TO DISQUALIFICATION FROM THE CONTEST, AS APPROPRIATE).
11. Dispute Resolution/Choice of Law.
To the fullest extent permitted by law, by participating in the Contest, you agree that: (a) any action at law or in equity arising out of or relating to these Official Rules or this Contest shall be filed exclusively in the federal or state courts in Georgia and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action, waiving any right of change of venue; (b) any such action shall be resolved individually, NOT as part of a class action; (c) any claims/judgments/awards shall be limited to actual out-of-pocket costs incurred, but NOT attorneys’ fees. These Official Rules and this Contest shall be governed by the laws of the State of Georgia, without regard to principles of choice of law/conflict of laws of the State of Georgia (or any other jurisdiction which would result in the application of the laws of a jurisdiction other than the State of Georgia).
12. Winners’ List. The names of prize winners (available after September 22, 2014; requests must be received by September 12, 2014), send a self-addressed stamped envelope to BUDGET UTAH ON THE GO winners at Sponsor’s address below.
Sponsored by: The Salt Lake City Landsmen, LLC dba Budget Car and Truck Rental of Utah, 1110 Northchase Parkway, SE, Suite 200, Marietta, GA 30067.
Please wait a moment...