Car-Free Diet Skeptics Challenge Official Rules
1. NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
THIS PROMOTION IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY. OPEN TO LEGAL RESIDENTS OF ARLINGTON COUNTY, VIRGINIA 18 YEARS OF AGE OR OLDER WHO HAVE NOT BEEN CONVICTED OF A FELONY OR MISDEMEANOR OF MORAL TURPITUDE.
2. ELIGIBILITY: The Car-Free Diet Skeptics Challenge (the “Contest”), brought to you by Arlington County and Arlington County Commuter Services (ACCS) (collectively the “Sponsor”), is governed by these Official Rules. The Contest is open to legal United States residents of Arlington County, VA only who are 18 years of age or older at the time of entry. Contestants must not have been convicted of a felony or misdemeanor of moral turpitude. Void where prohibited. Sponsor reserves the right, at any time, to verify eligibility requirements, in any manner it deems appropriate. Employees and directors of Sponsor, its licensees, advertising, promotion or production agencies and provider companies (and their immediate family members and individuals residing in their same household) are not eligible. All entries become the exclusive property of Sponsor.
3. THE CONTEST PERIOD: The Contest begins on January 3, 2011 at 12:00:01 a.m. Eastern Standard Time (“EST”) and concludes on May 20, 2011 at 11:59:59 p.m. EST (“Contest Period”). The computer of the Sponsor is the official timekeeping device for this Contest.
4. TO ENTER: Visit www.carfreediet.com (“Web Site”), from January 3, 2011 at 12:00:01 a.m. EST through February 28, 2011 at 11:59:59 p.m. EST (“Entry Period”), and click on the Car-Free Diet Skeptics Challenge banner or text link(s) to access the Contest registration page. Follow the online instructions to register by providing your name, complete address, age, daytime phone number, e-mail address, answers to application questions, a link to your video entry (that you have uploaded via YouTube) and your digital profile photo that show why you are Arlington County’s biggest Car-Free Diet Skeptic and how you would reduce your dependence on an automobile for thirty (30) days if you are selected as a Finalist (“Application” subject to the Requirements of Section 5 below). Participants may opt in to receive e-mail communications from Sponsor. Participants can be removed from the e-mail communications at any time by following the online instructions. Opting to be removed from the e-mail communications will not affect chances of winning.
5. APPLICATION AND UPDATE REQUIREMENTS:
Video and Photo Uploads – By submitting an Application and/or Updates (defined below) in the Contest, you hereby warrant and represent that your submission conforms to the Video Requirements, Photo Requirements, and Update Requirements set forth herein. Videos must not be more than 2:00 minutes in length. All videos must be submitted directly to www.youtube.com in formats permitted by YouTube. All photos must be submitted directly to www.carfreedietskeptics.com. Photos must be submitted in an electronic file format. Photos should be kept under 10MB provided in jpeg and/or gif format only.
Updates must be submitted through www.carfreedietskeptics.com.
Videos, Updates and Photos must meet the following requirements:
- Video, Update and/or Photo cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or contain nudity;
- Video, Update and/or Photo cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
- Video, Update and/or Photo cannot be obscene or offensive, endorse any form of hate or hate group;
- Video, Update and/or Photo cannot defame, misrepresent or contain disparaging remarks about Sponsor, or other people, products or companies;
- Video, Update and/or Photo cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
- Video, Update and/or Photo cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media or musical “samples” other than the musical tracks provided) without permission;
- Video, Update and/or Photo cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, other than applicant, without permission;
- Video, Update and/or Photo cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and
- Video, Update and/or Photo cannot depict, and cannot itself, be in violation of any law.
BY SUBMITTING AN APPLICATION AND/OR UPDATE, APPLICANT ACKNOWLEDGES THAT HIS/HER APPLICATION AND/OR UPDATE MAY BE POSTED ON SPONSOR’S WEBSITE, AT SPONSOR’S DISCRETION. Sponsor reserves the right to, and may or may not, monitor/screen submissions prior to posting them to the Website. By entering, you acknowledge that Sponsor has no obligation to use or post any video, Update or photo that you submit. Submission of an Update, video and/or photo grants Sponsor and its agents an unlimited, worldwide, perpetual, license and right to publish, use, and publicly perform the Update, video and/or photo in any way, in any and all media, without limitation, and without consideration to the applicant.
By submitting an Application and/or Update and participating in the Skeptic Challenge Period, you warrant and represent that the Application and/or Update: (a) is your original work, (b) has not been previously published, (c) has not previously won awards, (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity, (e) that you have obtained permission from the person whose name, likeness or voice (for videos) is used in the Application and/or Update, and (f) that publication of the Application, Update, and/or Film Crew Video (defined below) via various media including Web posting, will not infringe on the rights of any third parties. Any such applicant will indemnify and hold harmless, Sponsor from any claims to the contrary.
Consumer Voting Period: All qualified Entries received will be featured on the Website after the Entry Period, during which time visitors will be able to vote for the video they believe represents Arlington County’s biggest Car-Free Diet Skeptic (“Consumer Voting Period”). The Consumer Voting Period starts on March 1, 2011 at 12:00:00 a.m. EST and ends on March 31, 2011 at 11:59:59 p.m. EST. Limit one (1) vote per person per day. For the purposes of this promotion, a “day” shall be defined as 12:00:00 a.m. EST to 11:59:59 p.m. EST. Any attempt by the applicant and/or his/her family/friends to vote more than the number of times authorized herein, using multiple names or e-mail addresses and/or any other fraudulent mechanism, as determined by the Sponsor in its sole discretion, shall give the Sponsor the right to disqualify the applicant in Sponsor’s reasonable discretion.
Judging Panel: On or about April 1, 2011, a panel of judges, designated by the Sponsor, will judge each Application based on the following equally weighted criteria: (1) articulation of why the applicant is Arlington County’s biggest Car-Free Diet Skeptic and how he or she will go about being car free for 30 days if chosen, (2) ability to entertain and engage an audience while on-camera, and (3) overall creativity.
At the conclusion of the Consumer Voting Period, the two applicants who receive the highest scores will be selected as Arlington’s Car-Free Diet Skeptics Finalists. Scores will be calculated by combining the online voting results (up to 25 points) with the judges’ scores in the following categories: articulation of why the applicant is Arlington County’s biggest Car-Free Diet Skeptic and how he or she will go about being car free for 30 days if chosen (up to 25 points), ability to entertain and engage an audience while on-camera (up to 25 points), and overall creativity (up to 25 points). To be named a Finalist, an applicant must receive a minimum of 50 points.
In the event of a tie, an independent judge, designated by the Sponsor, whose decisions shall be final and binding, will apply the same criteria to determine the two Finalists. The Finalists will be notified by mail, e-mail or phone on or after April 1, 2011. Finalists will be required to complete, sign, and return an Affidavit of Eligibility, a Liability Release and where lawful, a Publicity Release within seven (7) days after notification. If documents are not returned on a timely basis, or if chosen Finalist is found to be ineligible or not in compliance with these Official Rules, such Finalist will be disqualified.
Skeptic Challenge Period: From April 21, 2011 at 12:00:01 a.m. EST to May 20, 2011 11:59:59 p.m. EST (“Skeptic Challenge Period”), each Finalist will be required to attempt to cease using an automobile, motorcycle, scooter, or other motorized vehicle, or significantly reduce his/her use of an automobile, motorcycle, scooter, or other motorized vehicle. Each Finalist will receive the following items to help him or her participate in the Skeptic Challenge Period:
- One (1) Trek bicycle (model to be selected by Sponsor, in its sole discretion), one (1) helmet, one (1) lock, one (1) set of Trek cycling gear all from Revolution Cycles, and one (1) Cateye light set, one (1) Trek/Bontrager bike pannier, one (1) set of Pant Straps and one (1) Bike Bell all from BikeArlington ARV: $979.95
- One (1) book How to Live Well Without Owning a Car by Chris Balish ARV: $12.95
- Trip-planning assistance from an Arlington County Commuter Store® transit specialist
- One (1) Arlington transit and bicycle map
- One (1) Car-Free Diet Skeptics t-shirt and one (1) hat ARV: $25.00
- One (1) journal and pen for taking notes about the Final Round ARV: $17.50
- Free public transportation for one (1) month awarded as one (1) $150 SmarTrip® transit card ARV: $150
- One (1) 30-day membership to Capital Bikeshare ARV: $25
- One (1) HD Flip camera to document the Challenge via video ARV: $120
For the purposes of this Contest, all of the foregoing items shall be deemed “Finalist Merchandise.”
Finalists will be required to allow a film crew to film the Finalists no fewer than three (3) times during the Skeptic Challenge Period to complete a video (“Film Crew Video”). Filming will be at times and dates designated by the Sponsor during the Skeptic Challenge Period, including one (1) visit to an Arlington County Commuter Store® for trip planning assistance and (1) visit to a Car-Free Diet Retail Partner outlet to obtain starter kit elements and (1) one shoot at an Urban Village in Arlington County on a date and time designated by the Sponsor.
Finalists will be required to provide regular Updates during the Skeptic Challenge Period. For the purposes of this Contest, an “Update” shall be a video blog (“vlog”) and/or written blog posted a minimum of 3 times per week, which may be accompanied by optional photos, Twitter “tweets,” Facebook status updates, Foursquare checkins, or other communication that the Finalist submits to the Sponsor’s Website. All Updates must comply with these Official Rules.
A Finalist may be disqualified for failure to abide by the Official Rules and requirements set forth herein.
At the conclusion of the Skeptic Challenge Period, on or about May 20, 2011, a panel of judges, designated by the Sponsor, will judge each Finalist’s activities during the Skeptic Challenge Period based on the following criteria: (1) how successful the Finalist was in attempting to go car free for 30 days (up to 25 points), (2) quantity of the Updates (up to 25 points), and (3) overall quality of Updates, including how well the Finalist articulated the experience of taking the challenge, how creative and entertaining the Finalist’s Updates and other communications were, and how much engagement the Finalist stimulated by getting “likes”, views, followers, comments and similar interactions online (up to 50 points). The Grand Prize Skeptic Challenge winner will be the Finalist with the higher total score. The First Prize Skeptic Challenge winner will be the Finalist with the lower total score. Scores from the Consumer Voting Period and Judging Panel will not be added to this score. In the event of a tie, a tiebreaker will be based upon the highest score in the first judging criteria, continuing thereafter to each judging criteria in order, as needed, to break the tie. In the event that a tie still exists, an additional judge, designated by the Sponsor, whose decisions shall be final and binding, will apply the same judging criteria to determine the Grand Prize and First Prize winner. As consideration and in exchange for successful completion of the Contest, the winners will receive prizes as set forth in these Official Rules. If a Finalist does not complete or fully participate in the Skeptic Challenge, as defined by the Sponsor in its sole discretion, he or she must return the Finalist Merchandise and will not be eligible to receive a prize.
By accepting a prize, each winner agrees that his or her Application and/or Updates will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Application and/or Updates, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives in favor of Sponsor, all rights of "Droit Moral" or "Moral Rights of Authors" or any similar rights or principles of law that winner may now or later have to their Application and/or Updates. Sponsor reserves the right to alter, change or modify the winning Application, Film Crew Video and/or Updates at its sole discretion. Upon request of Sponsor, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Film Crew Video, Application and/or Update, and of the copyrights transferred and "Moral Rights of Authors" waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment. Further, Sponsor may request from winner, that the winner secure from any model(s) or videographer an irrevocable assignment and transfer to Sponsor all of any model(s) or videographer’s right, title and interest in and to the winner’s Application and/or Update (if applicable), including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. The model(s) or videographer may be required to waive in favor of Sponsor, all rights of "Droit Moral" or "Moral Rights of Authors" or any similar rights or principles of law that the model(s) or videographer may now or later have in the Application and/or Update (if applicable). Should Sponsor fail to request the said model(s) assignment or videographer assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment(s).
ENTRIES AND/OR UPDATES POSTED TO THE WEB SITE ARE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL APPLICANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to applicants.
By submitting an Application and/or Update, or participating in the Skeptic Challenge Period you agree that your submission is gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to disclose the ideas contained in the Film Crew Video, Application and/or Update, on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your Application and/or Update or your participation in the Skeptic Challenge Period, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you.
Contest winners will be notified by mail, e-mail or phone on or about June 1, 2011.
7. PRIZE DETAILS:
One Grand Prize Award Package which includes all of the following items: Free public transportation for twelve (12) months awarded as one (1) $150/month SmarTrip® transit card Approximate Retail Value ("ARV"): $1,800.00, one (1) Zip Car membership and monthly driving credits for one (1) year ARV: $675.00, one (1) $309.98 gift certificate from Potomac River Running ARV: $309.98, and one (1) year membership to Capital Bikeshare ARV: $75.00. In addition, the Grand Prize winner will be permitted to keep the Finalist Merchandise. Total ARV of Grand Prize including Finalist Merchandise: $4,190.38
One First Prize Award Package which includes all of the following items: Free public transportation for six (6) months awarded as one (1) $150/month SmarTrip® transit card Approximate Retail Value ("ARV"): $900.00, one (1) Zip Car membership and monthly driving credits for six (6) months ARV: $337.50, one (1) $309.98 gift certificate from Potomac River Running ARV: $309.98 and (1) year membership to Capital Bikeshare ARV: $75.00. In addition, the First Prize winner will be permitted to keep the Finalist Merchandise. Total ARV of First Prize including the Finalist Merchandise: $2,952.88
Total ARV of All Prizes $7,143.26
Winners must accept prizes as specified by Sponsor or prize will be forfeited. Prizes cannot be assigned, transferred, redeemed for cash, or substituted except by Sponsor who may, at its sole discretion, substitute any prize with one of comparable value if the advertised prize becomes unavailable for any reason. Zip Car prize is subject to Zip Car’s review of winner’s driving record. Winner must be 21 years of age or older to use Zip Car portion of prize. Additional Zip Car terms and conditions are available at zipcar.com.
8. CONDITIONS OF PARTICIPATION: Participants agree (a) to these Official Rules and the decisions of Sponsor which are final and binding, (b) that Sponsor, their advertising and promotion agencies, and all of their respective officers, directors, employees, representatives and agents will have no liability whatsoever for, are released and shall be held harmless by participants against any liability for any injuries, losses or damages of any kind to persons, including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in this Contest or Contest-related activities or use of the Film Crew Video, Application and/or Update, and (c) except where legally prohibited, winner grants (and agrees to confirm that grant in writing) permission to Sponsor and those acting under Sponsor's authority the right to the use of his/her name, photograph, likeness, voice, image and biographical information and statements and the Film Crew Video, Application and/or Updates, for advertising, trade, publicity and promotional purposes without additional compensation, in all media now known or hereafter discovered, worldwide and on the Internet and World Wide Web, without notice, review or approval.
BY PARTICIPATING IN THE SKEPTIC CHALLENGE PERIOD AND/OR ACCEPTING A PRIZE, FINALISTS AND WINNERS ACCEPT THE INHERENTLY DANGEROUS NATURE AND RISK IN UNDERTAKING THE ACTIVITIES REQUIRED IN THE SKEPTIC CHALLENGE PERIOD INCLUDING USING PUBLIC TRANSPORTATION, RIDING A BIKE, WALKING, CARPOOLING AND VANPOOLING, AND BIKE SHARING AND DRIVING IN CONNECTION WITH THE PRIZE, INCLUDING PERSONAL INJURY AND/OR DEATH, ACKNOWLEDGES THAT HIS/HER PARTICIPATION IN THE SKEPTIC CHALLENGE PERIOD, OR USE OF THE PUBLIC TRANSPORATION PRIZE IS VOLUNTARY, ACKNOWLEDGES THAT THERE ARE NATURAL FACTORS AND OCCURRENCES WHICH MAY IMPACT ON OR AFFECT THE SAFETY OF THE ACTIVITIES HE/SHE IS PARTICIPATING IN AND HE/SHE ASSUMES THE RISK OF SUCH FACTORS AND OCCURRENCES AND AGREES THAT PROMOTIONAL PARTIES SHALL NOT BE IN ANY WAY RESPONSIBLE FOR ANY RESULTING INJURY AND/OR DEATH.
9. REQUIRED DOCUMENTATION: Winners may be required to complete, sign, and return an additional Affidavit of Eligibility, a Liability Release and, where lawful, a Publicity Release within seven (7) days after notification. If documents are not returned on a timely basis, or if any prize notification or prize is returned as non-deliverable, or if winner is found to be ineligible or not in compliance with these Official Rules, such prize will be forfeited. Any applicable taxes on a prize are solely the responsibility of the winner.
10. GENERAL PROVISIONS: Neither Sponsor nor its agencies are responsible for not receiving entries, no matter what the reason even if known in advance, or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of Entries and/or Updates or the failure to capture any such information. Persons who tamper with any aspect of the Contest, as solely determined by the Sponsor, or who attempt to participate with multiple e-mail addresses or under multiple identities will be disqualified. Any use of robotic, automatic, macro, programmed or like entry methods will void all such Entries and/or Updates and disqualify any applicant using such methods. 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, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest. In case of dispute, the authorized subscriber of the e-mail or cell phone account used to enter the Contest at the actual time of entry will be deemed to be the participant, and must comply with these Official Rules.
11. GOVERNING LAW AND ARBITRATION: This Contest will be governed by and interpreted under the laws of the Commonwealth of Virginia, without application of any conflicts of law rules. Disputes between the parties or their affiliates related to this Contest shall be submitted to final, binding arbitration heard by a single arbitrator in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association (except as modified herein). Any counterclaim not brought within thirty (30) days after receipt of the arbitration notice shall be barred. The arbitration shall be conducted in Arlington County, VA in English. Unless otherwise specified herein, the arbitrator may award any relief that he deems proper, including but not limited to equitable relief. The award shall be final and binding and enforceable in any court of competent jurisdiction.
12. WINNER'S LIST: For the names of the winners, write your name and address on a 3"x5" card, and mail in first-class, stamped envelope to: Car-Free Diet Skeptics Challenge Winners, Department of Environmental Services, ATTN: ACCS, 2100 Clarendon Blvd., Suite 900, Arlington, VA 22201 receipt by July 31, 2011.
13. SPONSOR: Arlington County and Arlington County Commuter Services, 2100 Clarendon Boulevard, Suite 900, Arlington, VA 22201.