Terms and Conditions
PLEASE REVIEW THESE TERMS AND CONDITIONS CAREFULLY. SENDING A SUBMISSION
CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.
ELIGIBILITY: To be eligible for consideration as a participant in
the 2010 True American Road Trip Competition (“Competition”), you must (i) be a
legal resident of the 50 United States or the District of Columbia, (ii) be of
legal age of majority in your jurisdiction of residence (and at least 18), and
(iii) have a valid motor vehicle operator’s license for motorcycles in good
standing in your jurisdiction of residence and have a good driving record at
the time of participation and throughout the Competition, as determined by
Promoter (as defined below), in its sole discretion.
Employees of Victory Motorcycles (“Promoter”), Weber
Shandwick, those involved in the
production, development, implementation or handling of the Competition, and
their respective parents, subsidiaries, affiliates, distributors, sales
representatives, retailers, advertising, sales, promotion and judging agencies,
dealer associations, and all other service agencies involved in the
Competition, and members of their immediate family (spouse, parent,
sibling, child and their respective spouses, regardless of where they reside) and persons living in the same household of such
employees, whether or not related, are not eligible to enter or win. Void where
prohibited by law. Competition is
subject to all applicable federal, state and local laws.
SUBMISSION PERIOD: The Competition begins at 12:00:01 PM Eastern Time
(“ET”) on January 22, 2010 and ends at 11:59:59 PM ET on March 31, 2010 (the
“Submission Period”).
HOW TO MAKE A SUBMISSION:
During the Submission Period, create a video of 60-90 seconds explaining what
your idea of the True American Road Trip would be (collectively, with submission form,
the “Submission”) Road trip destinations must be within the 50 United States
and the District of Columbia.There are two (2) ways to participate during the
Submission Period: (1) On-Site: Visit
an on-site Victory Motorcycles video booth during regular operating hours and
follow the directions provided by a Promoter representative to fill out the
submission form and record a video, and submit. The video booth will be open to
the public at the Victory display at the New York City International Motorcycle
Show from Friday, January 22, 2010 through January 24, 2010 as well as the
Minneapolis/St. Paul International Motorcycle Show from Friday, February 5,
2010 through February 7, 2010. For more details on operation hours, contact Victory
Motorcycles account team at 952-832-5000. The opportunity to create a video
on-site will be provided on a first come, first served basis. Promoter does not
guarantee the opportunity to create a video and make a Submission. Use of the Victory Motorcycles video
booth is free. OR (2) Online:
Visit www.TrueAmericanRoadTrip.com (the “Website”) and follow the directions
provided to complete the submission form, upload a video and
submit. Videos submitted online should
be in Windows Media Video (.WMV), .3GP (cell phones), .AVI (windows), .MOV
(mac), .MP4 (ipod/psp), .MPEG, .FLV (adobe flash) or .MKV (h.264) format. Maximum
file size is 50MB. All Submissions must be received by March 31, 2010 at 11:59:59 PM ET to be considered. Limit one (1)
Submission per person, per email address and per household, regardless of
method of submission. Submissions received in excess of the stated limitation
from any person, email address or household will be void. Submissions generated
by script, macro or other automated means and Submissions by any means which
subvert the participation process are void. All Submissions become the sole
property of the Promoter and will not be
returned.
SUBMISSION
REQUIREMENTS
Submission may not contain, as determined by the Promoter, in its
sole discretion, any content that:
Submission must be the original
work of the participant, may not have been previously published, may not have
won previous awards, and must not infringe upon the copyrights, trademarks,
rights of privacy, publicity or other intellectual property or other rights of
any person or entity. If the Submission
contains any material or elements that are not owned by the participant, and/or
which are subject to the rights of third parties, the participant is
responsible for obtaining, prior to making a Submission, any and all releases
and consents necessary to permit the use and exhibition of the Submission by
Promoter in the manner set forth in these Terms and Conditions, including,
without limitation, name and likeness permissions from any person who appears
in or is identifiable in the Submission. Promoter reserves the right to request
proof of these permissions in a form acceptable to Promoter from any participant
at any time. Failure to provide such proof may, if requested, render Submission
null and void. By making a Submission,
participant warrants and represents that he/she and any persons appearing or
who are identifiable in the Submission consent to the submission and use of the
Submission in the Competition and to its use as otherwise set forth herein.
By making a Submission, you hereby grant
permission, without payment or other financial consideration being provided,
for the Submission to be posted on the Website and any other Promoter websites.
You agree that Released Parties (as defined below) are not responsible for any
unauthorized use of Submissions by third parties. Released Parties do not
guarantee the posting of any Submission.
By making a Submission, you acknowledge and
agree that Promoter may obtain Submissions under this Competition or have
developed on its own or through other third parties’ ideas and material and
Submissions that may be similar or identical in theme, idea, format or other
respects to others submitted under this Competition and/or other promotions
sponsored by the Promoter or submitted for other reasons on the Website, and
you waive any and all claims you may have had, may have, and/or may have in the
future, that any other Submission accepted, reviewed and/or used by Promoter
may be similar to your Submission.
ROAD TRIP RECIPIENTS SELECTION PROCESS:
A. Judging: All eligible
Submissions received by Promoter will be judged by a panel of qualified judges. The judges
will evaluate and score all Submissions received based upon the following
criteria: quality of idea (50%); creativity of destinations and route traveled
(25%); and feasibility of actual execution of the road trip(s) (25%). The ten
(10) Submissions with the highest scores, as determined by the judges in their
sole discretion, will be deemed the potential Road
Trip Recipients. In the event of a tie, the Road Trip Recipient will be
determined by an additional tie-breaking judge based on the creativity
criterion (100%). Promoter reserves the right to select fewer than ten (10)
Road Trip Recipients if, in its sole discretion, it does not receive a
sufficient number of eligible and qualified Submissions. Road Trip Recipient
status is subject to verification of eligibility and compliance with these
Terms and Conditions.
Judges’
and Promoter’s decisions are final and binding on all matters.
B. Road Trip
Recipient Notification, General Releases & Required Agreements:
The potential Road Trip Recipients
will be notified by email on or about April 10, 2010. In order to participate in the Road Trip (defined below), each
potential Road Trip Recipient must be available to participate in four Road
Trips (each between two and five days long) over the time period specified by
Promoter in each of the following months of 2010: May, June, July, and August.
One (1) Road Trip will be taken by each Road Trip Recipient during each month.
Road Trip Recipients will be required to sign, notarize and return an Affidavit
of Eligibility, a Medical Release, a Participation Release, written consent to a background check (as described below), a
Liability and Publicity Release (unless prohibited by law), and any other
documents that may be required by Promoter, which must be returned within ten
(10) business days of date of issuance.
Guest
Requirements: Guest must be of legal age of majority in his/her
jurisdiction of residence and must be available to participate in the Road Trip
over the period of time specified by Promoter. Guest will be required to sign,
notarize and return a Medical Release, a Participation Release, written consent to a background check
(as described below), a Liability and Publicity Release (unless prohibited by
law), and any other documents that may be required by Promoter, which must be
returned within ten (10) business days of date of issuance.
C. Background Check/Conduct:
Each potential Road Trip Recipient and
his/her guest must agree to a background check (which may include, without
limitation, a review of the driving record or each) before being declared the
Road Trip Recipient. Promoter reserves the right to disqualify Road Trip Recipient
(and/or deny participation to his/her guest) for any reason as Promoter
determines in its sole discretion, including without limitation, based on
driver history or record, any drug or alcohol dependency or treatment, criminal
arrests or convictions, law suits—either settled or still pending. Once
selected as a Road Trip Recipient, Promoter may disqualify any Road Trip
Recipient if he or she or his/her guest has engaged in, or engages in, conduct
that reflects unfavorable on the Promoter, its products, or any part of this
Competition, as determined by Promoter in its sole discretion.
D. Failure to Satisfy All Requirements:
The unavailability of any Road Trip
Recipient to participate in all of the Road Trips over the period of time
specified by Promoter, prior to or during any Road Trip, for whatever reason,
including without limitation, due to illness, personal emergencies, or failure to
execute the documents described above by the potential Road Trip Recipient will
result in forfeiture such Road Trip and all other Road Trips remaining pursuant
to these Terms and Conditions. Return
of any notification as undeliverable, failure to sign and return requested
documentation within the specified time period, the inability to contact a
potential Road Trip Recipient within a reasonable time period, or noncompliance with these Terms and
Conditions will result in disqualification
and the Road Trip may be awarded to a runner-up, at Promoter’s sole discretion.
ROAD TRIP PACKAGE (10):
If you are selected as a Road Trip Recipient, you will
receive a Road Trip Package (consisting of four (4) Road Trips, one in each of
the following months in 2010: May, June, July and August, for you to the
destination(s) described in your plans submitted to Promoter (subject to approval by Promoter)
(“Road Trip”). Each Road Trip will include (i) a lease on a Victory Cross Roads
or Victory Cross Country motorcycle valid through December 31, 2010; and (ii)
compensation for gas, lodging, food, and
miscellaneous expenses incurred will be reimbured, pending Promoter approval,
up to $700 per each Road Trip, up to a total of four (4) Road Trips. Road Trip Recipients will be responsible for making all
lodging arrangements. Each Road Trip may be subject to further
requirements and may include additional elements, as determined by Promoter in
its sole discretion. Approximate Retail Value (“ARV”)
of each Road Trip package (including all four (4) Road Trips): $2,800.00 Total
ARV of all Road Trip packages: $28,000.00.
This cost includes all gas, lodging, food, and miscellaneous expenses
incurred, which will only be reimbursed following submission of original
receipts and other supporting documentation and verification of compliance with
Promoter’s travel policies. Expenses will be reimbursed, following review of
original receipts and other supporting documentation, by check issued by
Promoter.
General:
If you are
selected as a Road Trip Recipient, you understand that: (i) the Road Trip will
take place over a period of two (2) to five (5) days (these two days may or may
not comprise a weekend; exact days will be determined by Promoter in its sole
discretion); (ii) you will be responsible for all costs and expenses associated
with your participation in each Road Trip not specified herein as being
provided, including, but not limited to, all federal, state and local taxes,
and meals, gas and lodging and (iii) you will be required to draft and upload
daily updates to a blog on the Website and your blog entries must include
photos, videos and content documenting the settings, experiences, and emotions
which occur during each Road Trip (collectively, the “Road Trip Content”). You will be required to comply with all blogging
guidelines and any additional instructions provided to you by Promoter relating
to each Road Trip and blog entry. Promoter and its designees shall have the
right to use, edit, adapt, post, stream, copy and exploit Road Trip Content and
all elements embodied therein, including any names, likenesses and the
performances embodied therein, in any and all media now known or hereafter
devised throughout the world, in perpetuity, for advertising, promotional,
trade & other purposes without compensation to or permission from you.
No compensation will be provided to any Road Trip Recipient for lost workdays.
Promoter and its designees reserve the right, but do not have the obligation,
to display the Road Trip Content in any and all media now known or hereafter
devised, including on the Website, worldwide in perpetuity, without further
compensation, notification or permission to Road Trip Recipient or any third
party. No
substitution, transfer, or cash equivalent of any Road Trip is permitted,
except by Promoter, which reserves the right to substitute any Road Trip (or
portion thereof) with another item of comparable or greater value, at its sole
discretion. All Road Trip details are at the sole discretion of the Promoter.
Without limiting the binding effect of any of the foregoing
provisions, in the event that any of the Work is not deemed to be a “work made
for hire” for Promoter, you hereby irrevocably
and exclusively grant and assign to Promoter (or, if any applicable law
prohibits or restricts such assignment, you hereby grant to Promoter an
irrevocable, perpetual, royalty-free, transferable license of) all right, title
and interest in and to such Work, including, without limitation, all rights of
every kind and nature (whether now known or hereafter devised, including all
copyrights therein and thereto and all renewals and extensions thereof),
throughout the universe, in perpetuity, for all purposes, in any and all media,
whether now known or hereafter devised.
At the request of Promoter, you shall execute and deliver to Promoter
such assignments or other instruments, as Promoter may deem reasonably
necessary to establish, protect, enforce and/or defend any or all of Promoter’s rights in the Work.
If you fail to so execute and deliver any such instrument after reasonable
notice, Promoter shall have the right to do so in your name, place and stead,
and Promoter is hereby irrevocably appointed as your attorney-in-fact for such
purposes, which power is coupled with an interest.
GENERAL:
Participation in this Competition
constitutes your permission for Promoter and its designees, and their
respective parents, subsidiaries and affiliates, and their advertising and
promotion agencies and other designees (including without limitation,
distributors, dealers and/or dealer associations), to use your name, likeness,
voice, photograph, performance, expressions and personal statements, and/or
biographical information for promotional, publicity, public relations,
advertising and any other purposes associated with the Competition, the Road
Trips and/or the Road Trip Content in any manner in any and all media now or
hereafter known throughout the universe in perpetuity without additional
compensation, notification or permission, unless prohibited by law. All documentation submitted under this
Competition may be subject to independent verification. Each individual
participating in this Competition hereby agrees to release, discharge,
indemnify and hold harmless Promoter, Weber Shandwick, those involved in the production, development, implementation or
handling of the Competition, and their respective parents, subsidiaries,
affiliates, distributors, sales representatives, retailers, advertising, sales,
promotion and judging agencies, dealer associations, and all other service
agencies involved in the Competition, and each of their respective
officers, directors, members, managers, distributors, dealers, dealer
associations, employees, representatives, contractors, agents, successors and
assigns (collectively, the “Released Parties”), from and against any claims,
damages or liability arising from or related to any injuries, damages or losses
to any person (including death) or property of any kind resulting in whole or
in part, directly or indirectly, from acceptance, possession, awarding, non-awarding,
misuse or use of the Road Trip Package (including any travel or activity
related thereto and any injury or harm resulting from use of the motorcycle),
participation in this Competition, participation in any Competition-related
activity, Released Parties’ use of the Road Trip Content or any other rights
granted herein or termination, suspension or modification of the Competition or
the use of any rights granted herein.
In the event of a dispute as to the identity of a
participant, Submission will be deemed to be from the authorized account
subscriber of the e-mail address submitted at time of submission form,
regardless of the name that appears as part of the comment and he/she must comply with these Terms and Conditions. Authorized
account subscriber is the natural person who is assigned the e-mail address by
the Internet Service Provider (ISP), on-line service provider, or other
organization responsible for assigning email addresses.
By making a Submission, you
understand that you are an independent party from Promoter and its
designees. Neither these Terms and
Conditions, nor this Competition or participation in the Road Trip, constitute
(or should be construed as constituting) a partnership, employer/employee or
principal/agent relationship or joint venture between you and Promoter and/or
Weblogs. You have no right to obligate
or bind Promoter and/or Weblogs.
PROMOTER:
Victory
Motorcycles, 2100 Highway 55,
ADMINISTRATOR:
Weber Shandwick,
By participating, you hereby
acknowledge that: (i) you have read and meet and agree to be bound by the
eligibility requirements and all terms of this agreement; and (ii) if any of
the above information is found to be false, you may be subject to dismissal
from Competition, as well as the forfeiture of the Road Trip Package.