Autocamp Design Contest Terms & Conditions
AIRSTREAM X AUTOCAMP DESIGN CONTEST 2019
Official Rules – No Purchase Necessary to Enter or Win. A Purchase Does Not Increase Your Chances of Winning. Open to Registered Participants of the 2019 AdobeMax Conference who are Legal. Residents of the 50 United States and D.C., 25 Years of Age or Older and Legal Age of Majority. Void Where Prohibited.
The following Official Rules (“Official Rules”) govern the AIRSTREAM X AUTOCAMP DESIGN CONTEST 2019 (the “Contest”). Official rules and other information relating to the Contest can be found at the Airstream, Inc. website (https://www.airstream.com/adobe-max-design-contest-2019/) (the “Website”).
This Contest is sponsored by Airstream, Inc., 419 West Pike Street, P.O. Box 629, Jackson Center, OH 45334-0629 (“Sponsor”) and is administered by Spark Communications Group, LLC, P.O. Box 49745, Athens, GA 30604 (“Administrator”). Sponsor and Administrator are sometimes collectively referred to as the “Contest Entities” in these Official Rules.
This Contest is offered to eligible registered participants of the 2019 AdobeMax Conference as a means of discovering designs, fostering engagement, and having fun. It is not offered as an incentive to attend the AdobeMAX Conference. This Contest is not sponsored by, endorsed by, or otherwise affiliated with Adobe Systems Incorporated.
By participating in this Contest in any way, you fully and unconditionally agree to and accept these Official Rules and the decisions of Sponsor, Administrator, and the Judges, which are final and binding in all matters relating to the Contest. Any award of a Prize is contingent upon fulfilling all requirements herein.
Dates of Contest and Entry Period
Entrants may submit entries only from 8:00 AM Pacific Time on November 4, 2019 through 5 PM Pacific Time on December 9, 2019 (the “Entry Period”). The clock on the Sprout Social service will be the official timekeeper for this Promotion.
The Prize Winner will be announced on December 13, 2019 on the official Airstream Facebook page (www.facebook.com/airstream/) and via email to all contest entrants.
To be eligible to enter this Contest, you must, at the time of entry:
- be a registered participant (attendee or presenter) in the 2019 AdobeMAX Conference to be held November 4, 2019 through November 6, 2019 in Los Angeles, California (“Registered Participant”);
- be a legal resident of one of the 50 United States or the District of Columbia;
- be 25 years of age or older and legal age of majority in the applicable jurisdiction;
- agree to be bound by and the terms and conditions of these Official Rules and the Sponsor’s decisions in all matters relating to the Contest.
Employees, directors, officers, and their immediate families (spouses and siblings, parents and children and their spouses) and household members of Contest Entities, Adobe Systems Incorporated, or Prospect Hotel Management LLC d/b/a AutoCamp and their respective parent companies, subsidiaries and affiliates, dealers and distributors and companies involved in the implementation and execution of this Contest are not eligible.
How to Enter the Contest
Sponsor seeks original designs (each, a “Design”) suitable for tee shirts, post cards, and stickers depicting a place that inspires the entrant or depicting one of the entrant’s adventures (the “Theme”). More information about the Theme may be found on the Website.
To enter, an eligible entrant must:
- provide his or her first and last name, email address, phone number, and address to an Airstream representative at the 2019 AdobeMax Conference; and
- during the Entry Period complete the entry form on the Website (https://www.airstream.com/adobe-max-design-contest-2019/) and upload (1) original design suitable for a t-shirt, one (1) original design suitable for a sticker, and one (1) original design suitable for a postcard (each a “Design” and collectively the “Designs”).
Additionally, each Design must meet, at a minimum, the following criteria: (a) the Design must be consistent with the Theme; (b) the Design must be your original work alone; (c) you must own all right title and interest in the Design; (d) the Design must not contain any depiction of any individual who has not granted permission to appear in the entry; (e) the Design must not be obscene, defamatory or otherwise objectionable in Sponsor’s sole opinion; and (f) no third party’s intellectual property rights are or will be violated by the Design or the submission of the Design as an entry.
An entry submitted by an eligible entrant during the Entry Period which meets the requirements of this Section and these Official Rules will be deemed a “Qualifying Entry”. Sponsor shall determine, in its sole and absolute discretion, whether a submission is a Qualifying Entry, and Sponsor reserves the right to reject any entries which do not comply with these Official Rules. Acknowledgment of receipt of an entry does not constitute any representation as to Contest eligibility or that the entry is a Qualifying Entry and merely indicates that applicable entry has been received. Promotional Entities are not responsible for errors or failures, including any failed credential scan and any failure of messages sent or received via the Internet. Entries that are incomplete or corrupted are void. Sponsor may not receive entries that fail to strictly follow the posting instructions set forth in these Official Rules and Sponsor is not responsible for failure to see or receive an entry. Sponsor is not liable for misdirected entries.
The Contest Entities will disqualify any entrant and void any entries that either Sponsor or Administrator determines, in its sole discretion: do not meet these criteria; otherwise do not comply with these Official Rules; are submitted by a person ineligible by reason of not meeting the above-reference criteria; or are otherwise restricted or prohibited by law. Entrants may not; use automated or robotic means to submit entries; attempt to obtain more than the permitted number of entries by using multiple/different e-mail addresses, identities, registrations, accounts, logins or any other methods, including, but not limited to, commercial contest/sweepstakes subscription notification and/or entering services; or otherwise violate these Official Rules.
Final eligibility for the award of any Prize is subject to eligibility verification as set forth below.
All entries must be posted by the end of the Entry Period in order to participate. Administrator will use Sprout Social to monitor the Contest and to determine when entries are submitted. The clock on the Sprout Social service will be the official time keeper for this Contest.
You are solely responsible for any charges, fees, or taxes which may be charged by third parties in connection with your participation in the Contest, including but not limited to data, connection, and Internet services charges. If you opt to use your wireless mobile device in connection with the Contest, depending on your phone's capabilities, data charges may apply according to the terms and conditions of your service agreement with your wireless carrier.
Eligible participants may enter an unlimited number of times, but each entry must contain new and substantially distinct original Designs meeting the criteria herein.
One (1) Prize Winner will be awarded one (1) Prize consisting with an approximate retail value of ($1,200) (“ARV”) consisting of: a two (2) night stay in an AUTOCAMP AIRSTREAM SUITE at any AutoCamp location within the Continental United States, one (1) flight voucher valued at $500 which may be applied to the cost of airfare associated with the Prize, and one (1) gift card valued at $100 which may be redeemed only at the AirstreamSupplyCompany.com e-commerce store.
The ARV of the Prize represents Sponsor's good faith and final determination. If the actual value of the prize turns out to be less than the stated ARV, the difference will not be awarded in cash.
Prize Winner must reserve the AutoCamp Airstream Suite in advance by calling the AutoCamp location Prize Winner intends to visit (see www.AutoCamp.com for details). Online bookings are not permitted in connection with the Prize. Prize Winner must book a consecutive two night stay (there is a two-night minimum). Prize Winner must reserve and use the AutoCamp Airstream Stay by December 31, 2020. Failure to do so will result in forfeiture of the stay component and flight voucher component of the Prize. The Prize is subject to AutoCamp’s rules and policies and availability, including blackout dates and unavailability due to seasonal occurrences or natural conditions.
The flight voucher is non-transferable and may be applied only to the airfare expenses associated with Prize Winner’s travel to and from Auto Camp. Prize Winner is responsible for any additional costs or expenses. Except for costs and expenses to which the travel voucher is applied, Prize Winner is responsible for transportation to and from AutoCamp and all associated costs and expenses.
Any Prize details not specified above will be determined by Sponsor, in its sole discretion. Sponsor makes no representation or warranty concerning the appearance, safety, or performance of any Prize awarded. Restrictions, conditions, and limitations may apply. No Prize may be transferred and each Prize must be accepted as awarded. No Prize Winner may request cash or a substitute prize; however, Sponsor reserves the right to substitute a Prize (or components thereof) with another prize of equal or greater value if Sponsor determines, in its sole discretion, a Prize or a component thereof is unavailable for any reason. The Prize ARV represents Sponsor's good faith and final determination. If the actual Prize value turns out to be less than the stated ARV, the difference will not be awarded in cash.
The Prize Winner will be responsible for any and all other taxes, costs, expenses, or fees which may apply, including, without limitation, income tax.
Judging; Selection of Potential Prize Winner
Judging of all Qualifying Entries will be conducted by a panel of five (5) judges appointed by Sponsor with creative experience, design experience, and/or the recreational vehicle lifestyle and associated aesthetics (the “Judges”). Sponsor reserves the right, in its discretion, to substitute a Judge in the event of illness, incapacity, or unavailability for another person with similar qualifications.
Qualifying Entries will be judged on skill, creativity, aesthetic appeal, overall impact, artistic merit, and overall relevance to the Theme of the Contest.
The odds of winning depend on the number of Qualifying Entries during the Entry Period, the skill of the entrants and the merits of the Qualifying Entries.
The Judges will, by December 12, 2019 select one (1) potential Prize Winner (the “Potential Winner”). In the unlikely event of a tie, the Sponsor may designate an additional Potential Winner to receive a Prize of equal value.
Notification of Potential Winner; Requirements for Claiming Prize
Upon selection, Administrator will notify the Potential Winner by email. (the “Notice”).
Sponsor shall not be obligated to award the Prize to a Potential Winner unless the Potential Winner acknowledges, accepts, and satisfies each of these additional terms and conditions (except to the extent which may be prohibited by law) within five(5) days from the date Administrator sends the Notice to the Potential Winner (the “Notice Period”):
- the Potential Winner must contact Administrator in the manner specified in the Notice and acknowledge receipt of same;
- the Potential Winner must provide to Administrator proof of eligibility in the form requested by and acceptable to the Contest Entities in the Notice or in subsequent communications (which information may include, in the Contest Entities’ sole discretion, proof of identity, legal residence, age, Social Security Number, and phone number;
- If requested by a Contest Entity, the Potential Winner must complete, sign and return an IRS W-9 form;
- the Potential Winner must execute an affidavit of eligibility in a form provided by Sponsor, which includes a liability release and a publicity release; and
- the Potential Winner must agree to be bound by these Official Rules and the terms and conditions herein.
If the Potential Winner satisfies these requirements (as determined by Sponsor in its sole judgment), the Potential Winner will be deemed the “Prize Winner” and shall be awarded the Prize (defined below).
The Potential Winner may be disqualified and an alternate potential winner may be selected from the Qualifying Entries on the basis of the judging criteria set forth above if: (a) the Potential Winner does not respond to Administrator within the Notice Period; (b) the Potential Winner does not, within the Notice Period, provide to Administrator all information it requests consistent with these Official Rules in a timely manner; (c) Sponsor or Administrator determine, in good faith and in its own discretion, circumstances otherwise indicate that attempts to contact the Potential Winner will be futile; or (d) the Potential Winner fails to satisfy the terms and conditions herein. All other requirements, terms, and conditions set forth in these Official Rules will be enforced. The Contest Entities are not responsible for errors or failures of messages sent or received via email, a social media platform, or other form of electronic communication.
Sponsor’s Intellectual Property Rights; Limited License
AIRSTREAM®, the configuration, shape and trade dress of AIRSTREAM products (including the iconic AIRSTREAM travel trailer product design) any related trademarks, product names, trade dress, logos, and related trademarks, trade names and service marks, together with any images and other elements made available to you via the Website for the purposes of participating in the Contest (collectively, the “Sponsor IP”) are owned or used under license by Sponsor. Sponsor may make available certain elements of the Sponsor IP for use by eligible entrants in the Design entrants creates, and Sponsor grants eligible entrants a limited, nonexclusive license solely to download, print, apply Designs upon, and otherwise use the Sponsor IP only for the purposes of entering this Contest. Eligible entrants shall not acquire any rights in the Sponsor IP. In the event Sponsor attempts to register a copyright or trademark or apply for a patent or design registration covering a Design, entrant shall not claim as part of such application, patent, or registration any Sponsorship IP (which shall be removed from the design and with only dashed lines showing its positioning). All rights not expressly granted are reserved.
Assignment and License of Your Intellectual Property Rights
If selected as the Prize Winner, and upon indicating to Sponsor or Administrator your intent to claim the Prize, you agree to grant and hereby do grant to Sponsor a perpetual, royalty-free, non-exclusive, and sublicensable license to publish, display, copy, use, alter and distribute your Design(s) submitted in connection with the Contest, edited or unedited, with or without attribution, in any form or medium (whether known now or hereafter developed and including print materials and Internet communications), in connection with any lawful commercial purpose and for other publicity purposes, without further review, notification, payment or consideration.
You further agree, if you are selected as the Prize Winner, that Sponsor may publish, display, copy, use, alter and distribute the your likeness, photograph, voice, opinion, statements, and biographical information, edited or unedited, in any form or medium (whether known now or hereafter developed and including print materials and Internet communications), in connection with any lawful commercial purpose and for other publicity purposes, without further review, notification, payment or consideration (unless otherwise prohibited by law).
Your Representation and Warranties
You, by submitting any entry and/or Design(s) in connection with the Contest, represent and warrant that: (a) you satisfy the eligibility requirements; (b) you alone conceived and created your Design(s); (c) you possess all rights and permissions necessary to publish, display, copy, use, alter, distribute, license and sell each Design in connection with the Contest without infringement upon the rights of any third party; (d) that each entry satisfies the requirements of a Qualifying Entry; and (e) each of your entries and Design(s) otherwise complies with these Official Rules and all applicable laws.
Exclusion of Warranties
Sponsor is not responsible for technical or human error or for technical failures which may occur in the administration of the Contest for any damages to person or property that may be caused, directly or indirectly, by your entry into the Contest.
Prizes may be subject to a limited warranty provided by its manufacturer (or the manufacturer(s) of components thereof). Sponsor does not make, nor in any manner is responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any Prize, including but not limited to its quality, fitness for a particular purpose, or its condition.
TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT FOR ANY WARRANTY EXPRESSLY MADE HEREIN, SPONSOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPONSOR WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, ANY LIABILITY, CLAIM, LOSS, LOST PROFITS OR DAMAGES UNLESS EXPRESSLY PROVIDED FOR HEREIN.
Limitation of Liability, Indemnification, and Release
By entering the Contest, you agree to release, discharge, indemnify, defend, protect, and save Sponsor, Administrator, Adobe Systems Incorporated, Prospect Hotel Management LLC d/b/a AutoCamp, and their respective parent companies, subsidiaries and affiliated companies, officers, directors, employees and agents (collectively, the “Released Parties”) harmless from and against any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs, expenses, and disbursements of whatsoever kind and nature (collectively, “Claims”) including legal fees and expenses imposed on, incurred by, or asserted against the Released Parties in any way relating to the Contest; any Design you submit or submitted in relation to the Contest; and, if awarded a Prize, any Claims arising out of the use and possession of the Prize by you or third parties. Potential Claims include, but are not limited to: (a) Claims as a result of latent or patent defects in a Prize; (b) Claims for infringement of intellectual property (including trademark, copyright, patent, design rights), misappropriation, contributory infringement, false light, invasion of privacy, portrayal in a false light, defamation, and infringement of any right of publicity; and (c) tort claims of any kind, including claims for injury or damage to property, or injury or death to any person arising out of the your entry in the Contest, your acceptance, use or possession of a Prize, and/or any publicizing by a Released Party of the award of the Prize to you. You further understand and agree that all rights under Section 1542 of the Civil Code of California ("Section 1542") and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
In the event that the operation, security, or administration of the Contest is impaired in any way, Sponsor may, in its sole discretion: (a) suspend the Contest in order to address the impairment and resume the Contest at a later date; or (b) award the Prize from among the Qualifying Entries received up to the time of the impairment.
Sponsor reserves the right, in its sole discretion, to disqualify and seek damages from any individual who interferes or tampers with the operation of the Contest, violates these Official Rules, or otherwise acts in a disruptive or unsportsmanlike manner.
Sponsor’s failure to enforce any terms of these Official Rules shall not act as a waiver of that term.
If any provision of these Official Rules shall be held or deemed to be illegal, inoperative, or unenforceable by a court or other tribunal of competent jurisdiction, such provision shall be of no force or effect, but shall not affect any other provisions of these Official Rules, nor render any other provision invalid, inoperative, or unenforceable to any extent whatsoever.
Governing Law and Jurisdiction
This Contest is subject to applicable federal, state, and local laws and regulations and is void where prohibited.
These Official Rules will be governed by the laws of the State of Ohio (without regard to conflict of law principles).
Any proceeding arising out of or relating to the Contest (including the application, enforcement, and/or construction of these Official Rules) must be brought in a court of competent jurisdiction in Shelby County, Ohio. By entering into this Contest, you irrevocably consent and submit to jurisdiction in any such court.
Obtaining List of Winners or Copy of Official Rules
For the name of the Prize Winner or a copy of the Official Rules, please send your request to [email protected] and the applicable request and a self-addressed, stamped, #10 envelope to See.Spark.Go, attn: Autocamp AdobeMax at P.O. Box 49745, Athens, GA 30604. Requests must be received within one (1) year of the end of the Promotion.
Persons may e-mail questions concerning the Contest and the Official Rules to [email protected].
Dated October 15, 2019