Final Test Test Drives Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: Final Test Test Drives (the “Contest”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old and are current or past owners of a MINI vehicle at the time of entry and who did not purchase any equipment for the purposes of entering this Contest. Employees of MINI USA, a division of BMW of North America, LLC, its promotion agencies, MINI Dealerships, ePrize, Inc., and any of their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.
2. Sponsor: MINI USA, a division of BMW of North America, LLC, 300 Chestnut Ridge Road, Woodcliff Lake, NJ 07677. Administrator: ePrize, Inc., One ePrize Drive, Pleasant Ridge, MI 48069.
3. Agreement to Official Rules: Participation in this Contest constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. Timing: The Contest begins on November 20, 2013 at 12:00 a.m. Eastern Time ("ET"), ends on January 13, 2014 at 11:59 p.m. ET (the "Contest Period") and consists of a Submission Phase, an Initial Judging and Confirmation of Finalists Phase, and a Public Voting and Final Winner Selection Phase.
All Submissions must be submitted by 11:59 p.m. ET on December 15, 2013.
The timing of the Phases are set forth in the chart below:
Starts at 12:00 AM ET, November 20, 2013
Ends at 11:59 PM ET, December 15, 2013
Phase: Initial Judging to determine Potential Finalists and Eligibility Confirmation
Starts at 12:00 AM ET, December 16, 2013
Ends at 11:59 PM ET, January 6, 2014
Phase: Public Voting & Final Winner Selection
Starts at 12:00 AM ET, January 7, 2014
Ends at 11:59 PM ET, January 13, 2014
Sponsor's computer is the official time-keeping device for the Contest. Each entrant may upload up to three (3) Submissions during the Submission Phase. Submissions received from any person or email address in excess of the stated limit will be void.
5. How to Enter: Contest participants must have internet connection and in order to participate. All Submissions must be received by 11:59 p.m. ET on December 15, 2013 to be eligible. During the Submission Phase, visit www.MINIFinalTestTestDrives.com ("Website") and follow the links and instructions to complete and submit the registration form, including your name, valid email address, valid mailing address and phone number. Create a photo or a video that displays the features of the new MINI Hardtop that you would want to test, as well as a short statement describing your proposed test drive. Collectively your photo or video and short statement will be referred to as your submission ("Submission"). You can provide your photo or video either by uploading it directly to the Website or you may post your video on YouTube or Instagram and include the web link to your video on the Website. By uploading your Submission, you agree that your Submission conforms to the Guidelines and Content Restrictions as defined below and that Sponsor, in its sole discretion, may remove your Submission and disqualify you from the Contest if it believes that your Submission fails to conform to the Guidelines and Content Restrictions.
• The Photo aspect of the Submission must be in .jpg, .gif, .tif format;
• The Video aspect of the Submission must either be in .mov or .mp4 format or must be in a format acceptable to YouTube or Instagram.
• The Video must not exceed 60 seconds;
• The Submission must be in English and must not exceed five hundred (500) characters; and
• The Submission cannot have been submitted previously in a promotion of any kind.
b. Content Restrictions:
• The Submission must not describe or depict Sponsors’ products being used in an inappropriate, unsafe, irresponsible or unlawful manner, or encourage others to use Sponsors’ products in an inappropriate, unsafe, irresponsible or unlawful manner;
• The Submission must not describe or depict Sponsors’ products being used in a manner that is inconsistent with the Owner’s Manual or New Vehicle Limited Warranty, or encourages others to use Sponsors’ products in a manner that is inconsistent with the Owner’s Manual or New Vehicle Limited Warranty;
• If Submission contains name, likeness or personal identifiers of others, entrant must have permission from all individuals mentioned in the Submission and entrant must be able to provide such permissions in a form acceptable to Sponsors;
• The Submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
• The Submission must not disparage Sponsor, Administrator or any other person or party affiliated with the Contest;
• The Submission must not contain brand names or trademarks other than those owned by Sponsor, which entrant has a limited license to use to incorporate in his/her Submission in this Contest;
• The Submission must not contain images or artwork not created by entrant;
• The Submission must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
• The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
• The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where Submission is created.
c. Submissions generated by script, macro or other automated means are void. Uploading a Submission constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission. Released Parties (as defined in Section 9, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions; all of which will be void.
d. In the event of a dispute as to any Submission, the authorized account holder of the email address used to register will be deemed to be the entrant and must comply with these Official Rules. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each entrant may be required to show proof of being an authorized account holder.
6. Winner Determination: Winners will be determined according to the process set forth below.
a. Initial Judging Phase: During the Judging Phase, a panel of qualified judges determined by Sponsor in its sole discretion will select up to thirty (30) entrants with the highest-scoring Submissions (the "Potential Finalists") from among all eligible Submissions based on the following criteria (“Judging Criteria”):
• Creativity/Originality of Submission (50%);
• Feasibility/Ease of Execution of Submission (25%); and
• Personality of Entrant and Submission Displays MINI Spirit (15%)
• Fit with the Contest Theme (10%)
In the event of a tie, the entrant whose Submission received the highest score for "Feasibility/Ease of Execution of Submission," as determined by the qualified judges, in their sole discretion, will be deemed the applicable Potential Finalist. Sponsor reserves the right to select fewer than thirty (30) Potential Finalists, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions.
b. Confirmation of Eligibility, Background Checks, and Interviews of Potential Finalists: Sponsor will notify Potential Finalists on or after December 17, 2013 by email and phone number. In order to be considered to move forward in the Contest, each potential Finalist will be required to agree to a confidential background check by the Sponsor, to confirm eligibility including providing proof of current or past ownership of a MINI, to confirm availability to travel on a date selected by Sponsor (between February 15, 2014 – March 1, 2014), and to agree to participate in up to a half-hour video conference interview with Sponsor. Potential Finalists must sign and return the requested document as directed within forty-eight hours of the time the email notification was sent. Failure to respond with the completed documentation within this required timeframe will result in disqualification from the Contest. The video conference will be scheduled by Sponsor during the Finalist confirmation phase. If potential Finalists do not have access to video conferencing, a phone interview will be arranged. Failure of Finalist to participate in this interview will result in disqualification from the Contest. Sponsor will reevaluate each eligible entrant and his/her Submission based on the results of the confidential background check and interview using the below Judging Criteria:
• Creativity/Originality of Submission (50%);
• Feasibility/Ease of Execution of Submission (25%); and
• Personality of Entrant and Submission Displays MINI Spirit (15%)
• Entrant appropriately represents the Sponsor as a Brand Ambassador (10%)
The twenty (20) Submissions that receive the highest scores will be deemed the Finalists.
c. Public Voting Phase: During the Voting Phase, the public may visit www.MINIFinalTesttestDrives.com and vote on the Finalists' Submissions that they believe have the most public appeal. Limit: Each person may vote one (1) time per day during the Voting Phase. Multiple votes received from any person or email address in excess of the stated number will be void. Any attempt by any Finalist or voter to obtain more than the stated number of votes by any fraudulent or inappropriate means, including without limitation, offering prizes or other inducements to members of the public as determined by Sponsor in its sole discretion, by using any automated program, by using multiple/different email addresses, identities, registrations and logins, or any other methods, will void those votes for the Finalist's Submission and Finalist may be disqualified as determined by Sponsor in its sole discretion. Subject to the Finalist’s compliance with these Official Rules, the Finalist whose Submission receives the highest number of valid votes during the Voting Phase will be deemed a potential Grand Prize winner. Sponsor reserves the right, in its sole discretion, to select an alternate Grand Prize winner should the voting appear to have been tampered with or manipulated in any way.
d. Final Winner Selection Phase: From the remaining Nineteen (19) Finalists, the nine (9) Finalists that previously received the highest scoring Submission based on the Judging Criteria listed above in section (b) above will also be potential Grand Prize winners. In the event of a tie, the entrant whose Submission received the highest score for "Personality of Entrant and Submission Displays MINI Spirit," as determined by the qualified judges in their sole discretion, will be deemed the potential winner from amongst the tied Finalists. All Grand Prize winners receive the identical prize.
7. Winner Requirements: Potential winners will be notified by email on or around January 13, 2013 with a specific travel date. Except where prohibited, each potential Grand Prize winner (parent/legal guardian if a minor in his/her state of residence) will be required to sign and return a Declaration of Compliance, Liability and Publicity Release as well as IRS form W-9, which must be received by Sponsor within three (3) days of the date notice or attempted notice is sent, in order to claim his/her prize. If a potential winner cannot be contacted, fails to execute and return the Declaration of Compliance, Liability and Publicity Release within the required time period, cannot travel on dates specified, does not comply with these Official Rules, potential winner forfeits the prize. If a potential winner is disqualified for any reason, the prize may be awarded to a runner-up, if any, in Sponsor’s sole discretion. Only three (3) alternate winners may be determined, time permitting, after which the applicable prize will remain un-awarded.
Without limiting the generality of these Official Rules, each winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Submission and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Each winner accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Each winner will indemnify Sponsor, Released Parties (as defined in Section 9, below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms.
8. Prizes: TEN (10) GRAND PRIZES: A trip for winner and a guest to film a test drive inspired by his/her Contest Submission (Sponsor has discretion to modify as it deems appropriate) in February 2014. Trip package includes round trip, coach-class air transportation for winner and a guest from a major airport near winner’s home to a major airport near selected location (both departure and arrival airports will be determined by Sponsor in its sole discretion); two (2) nights' accommodations at a hotel determined by Sponsor in its sole discretion (single room, double occupancy); ground transportation to and from airport and hotel; and $300 spending money. Winner must travel on the dates (from February 13 - March 1, 2014) determined by Sponsor in its sole discretion or prize will be forfeited. Travel must be round trip. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth in this Contest, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation, meals, incidentals, gratuities, passenger tariffs or duties, airline fees, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. Travel restrictions, conditions and limitations may apply. If in the judgment of Sponsor air travel is not required due to winner’s proximity to prize location, ground transportation will be substituted for round trip air travel at Sponsor’s sole discretion. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. ARV: $2,700. Actual value may vary based on airfare fluctuations and distance between departure and destination. Winner will not receive difference between actual and approximate retail value.
While on the trip, winner will also have the opportunity to work with a designer, provided by the Sponsor, to design a custom, limited edition MINI Original Package (the “Package”) made up of pre-determined MINI decals and components. These MINI Original Packages will then be voted on by the community, and confirmed by Sponsor, in order to determine the package that will be featured in the MINIUSA.com configurator, acknowledging winner, and sold through authorized MINI Dealers. Winners will receive no incremental monetary compensation for producing a Package or if selected, being featured on the MINIUSA.com configurator. MINI USA shall own all rights to the Package designs created.
Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize (or a component thereof) for one of equal or greater value if the designated prize should become unavailable for any reason. Prizes are subject to IRS information reporting rules. Winners will receive a 2014 Form 1099-MISC by the statutory due date of 1/31/2015 for the actual value of prize. This may be higher than the ARV of $2,700 Winners are solely responsible for any federal, state, and local income taxes associated with prize. Limit: One (1) prize per person.
9. Rights Transfer: Each winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Submission and the Package Design and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission or Package Designs for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Each winner accepts and acknowledges that Sponsor shall not be obligated to use the Submission or Package Design and that Sponsor in its sole discretion shall have the right to refrain from using the Submission or Package Design. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Each winner will indemnify Sponsor, Released Parties (as defined in Section 10, below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms.
10. Release: By receipt of any prize, winners agree to release and hold harmless the Sponsor, its promotion and advertising agencies, Administrator and their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.
11. Publicity: Acceptance of any prize shall constitute and signify each winner’s agreement and consent that Sponsor and its designees may use the winner’s name, city, state, likeness, photo, Submission, package design and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Each winner understands that Sponsor and its respective agents will video and photograph and otherwise record aspects of the winners’ redemption of the Prize (“Prize Footage”). Winner agrees that Sponsor shall own the Prize Footage and that Sponsor, and its respective designees, assigns and licensees shall have the right to edit, exploit, adapt, distribute, post, create derivative works of, and otherwise use the Prize Footage, in whole or in part, and in combination with other materials, in any manner, for any advertising, promotional, trade, commercial or other purposes in any and all media, now or hereafter devised, worldwide in perpetuity, without further payment or consideration, notification or permission.
12. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. If terminated Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
13. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions or votes or the tabulating of votes, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third party use of any Submission.
14. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
16. Winner List: For a winner list, visit http://bit.ly/1cHTvXP. The winner list will be posted after winner confirmation is complete.
© 2013 MINI USA, a division of BMW of North America, LLC. The MINI name, model names and logo are registered trademarks.
© 2013 ePrize, Inc. All rights reserved.