BMW - CONTEST
"0 TO DESIR3 IN 5.9 SECONDS"
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. PLEASE NOTE THAT THIS IS NOT A PRIZE DRAW, BUT A skill-based COMPETITION.
The DESIR3 Contest is OPEN ONLY TO INDIVIDUALS WHO ARE, AS OF date of entry, AT LEAST 18 YEARS OF AGE or OF LEGAL age of majority in THEIR jurisdiction of residence (whichever is older), A LEGAL resident of THE 50 UNITED STATES or DISTRICT OF COLUMBIA (EXCLUDING PUERTO rICO), and who are registered users (“Registered user(s)”) of the youtube website located at www.youtube.com OR THE FACEBOOK WEBSITE LOCATED AT WWW.FACEBOOK.COM. SEE RULE 3 FOR COMPLETE ELIGIBILITY DETAILS. VOID In PUERTO RICO AND WHERE PROHIBITED.
GRAND PRIZE WINNER IS REQUIRED TO COMPLETE AND SUBMIT ENTRY DOCUMENTATION (AS MORE FULLY DESCRIBED BELOW) BY THE SPECIFIED DUE DATE. FAILURE TO DO SO MAY RESULT IN DISQUALIFICATION OF ENTRY. IN THE CASE OF MULTIPLE ENTRIES FROM ONE PERSON OR ACCOUNT, oNLY THE FIRST THREE ENTRIES RECEIVED THROUGHOUT THE VIDEO SUBMISSION PERIOD (AS DESCRIBED IN SECTION 4) WILL BE CONSIDERED.
1. Contest Dates and Times: The Desir3 Contest (the “Contest”) begins on or about February 17, 2012 at 9:00:00 AM Eastern Time U.S. (“ET”) and ends with the announcement of the winner on or about April 13, 2012 at 11:59:59 PM ET (“Contest Period”), with the deadline for video submissions being the end of the “Video Submission Period” on March 9, 2012 at 11:59:59 PM ET. The Sponsor’s computer, or that of its designee, runs the official clock for the Contest and will solely determine the time by which an entry is received. During the Contest Period, there is an open call for the submission of Entries (as defined below) during the Video Submission Period and a series of events which start and end on the dates and times noted directly below and elsewhere in these Official Rules.
VIDEO SUBMISSION PERIOD
February 17, 2012
March 9, 2012
SPONSOR SELECTION OF
March 12, 2012
March 19, 2012
NOTIFICATION AND CLEARANCE OF POTENTIAL FINALISTS
March 20, 2012
March 26, 2012
PUBLIC VOTING PERIOD
March 27, 2012
April 9, 2012
On or about April 13, 2012
All dates/times in this table, Eastern Time United States.
2. Contest Entities: The Contest is sponsored by BMW of North America LLC, 300 Chestnut Ridge Road, Woodcliff Lake, NJ 07677-7731 (“Sponsor”), and is administered by Marden-Kane, Inc. 1055 Franklin Ave, Garden City, NY 11530 (“Contest Administrator”) (Sponsor and Contest Administrator collectively referred to herein as the “Contest Entities”). YouTube is not a Sponsor of this Contest and this Contest is no way no way sponsored, endorsed or administered by, or associated with, Facebook. Any questions, comments or complaints regarding the Contest are to be directed to the Sponsor at the address noted above, not Facebook. This Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook. You are providing your information to the Contest Entities and not to Facebook. You hereby release Facebook from all liability relating to the Contest.
3. Eligibility: Participation in this Contest is open to individuals who, as of date of entry, are at least 18 years of age or of legal age of majority in their jurisdiction of residence (whichever is older), who are legal residents of the 50 United States or District of Columbia (excluding Puerto Rico), and who are registered users (“Registered User(s)”) of the YouTube website located at http://www.youtube.com (including all mirror and derivative sites as applicable) (collectively, the “YouTube Site”) or the Facebook website located at http://www,facebook.com (“Facebook”). Void in Puerto Rico and where prohibited. To become a Registered User of the YouTube Site or of Facebook, individuals must register for an account and agree to the “Terms of Service” set forth on the respective website (“Terms of Service”). There is no fee or charge to become a Registered User of YouTube or Facebook. Sponsor reserves the right to verify an individual’s eligibility to participate. For the avoidance of doubt, the Contest is open to individuals only. Corporate or other entities or groups are not eligible to participate.
Not eligible to enter this Contest are employees, officers, directors, agents, representatives, and the respective immediate family members (which means parents, spouses, children, siblings, in-laws, grandparents, grandchildren, and their respective spouses, regardless of where they reside) or residents in the same household (whether legally related or not) of the Contest Entities and their respective parents, affiliated and subsidiary companies, advertising, public relations, and promotion agencies, legal and financial advisors, and any parties who:
(a) are under any obligation, contractual or otherwise that would limit or impair any of the Contest Entities’ ability to use the Entry (as defined below) as set forth in these Official Rules;
(b) are under any obligation, contractual or otherwise, that would make their appearance in the Entry a violation of any third party right(s);
(c) are under any obligation, contractual or otherwise, that would prohibit them from accepting a Prize, as described in Section 12;
(d) are under a merchandising or similar agreement that would restrict exploitation of any right related to the Entry; or
(e) are under any other contractual relationship (including but not limited to guild and/or union memberships), that may prohibit them from participating fully in this Contest, or from allowing the Contest Entities to use, on a residual-free and royalty-free basis, the Entry worldwide in all media and for all uses as further described in Sections 13 and 14 below.
4. How to Enter the Contest: Registered Users who wish to become a Contest entrant (“Entrant”) should create and submit (for posting on YouTube or Facebook and judging) a 5.9 second video that: 1) shows how much they desire the all-new BMW 3 series and 2) follows the technical, creative and legal requirements set forth in these Official Rules (each, an “Entry” or collectively, the “Entries”). Entries may be submitted anytime during the Video Submission Period at the Desir3 sites located at www.youtube.com/bmwusa or www.facebook.com/bmwusa (the “Contest Sites”). To enter via Facebook, visit http://www.facebook.com/bmwusa and  if you are not already a Facebook fan of BMW USA click on the “Like” button to become one;  click on the “Desir3” Contest Tab during the Video Submission Period and complete the registration form by providing the information required;  upload a 5.9 second video; and  click the submit button. Limit of three (3) Entries per Entrant during the Video Submission Period. Outside of the start of Video Submission Period, the Sponsor Selection of Finalist Videos and the Public Voting Period (each of which start at 9:00:00 AM ET and ends 15 hours later at 11:59:59 PM ET), a “day” is defined as a 24-hour period beginning at 12:00:00 AM ET and ending 24 hours later.) If more than one (1) Entry is submitted in a given day by the same Entrant, only the first Entry received (based on time uploaded to the Contest Sites) by that Entrant will be judged. Entries not submitted in accordance with the instructions provided on the Contest Sites and these Official Rules will be void and will not be considered in the Contest.
Further information about these entry requirements (“Entry Requirements”) can be found on the Contest Sites including instructions for the creation of an Entry. All entries submitted must comply with the YouTube Terms of Service and Community Guidelines, available online at http://www.youtube.com/t/terms.
As part of the entry process for participation in the Contest, Entrants will be required to click where indicated to signify that they have read, accept, and agree to be bound by these Official Rules and the terms hereunder, including but not limited to the releases of liability, and the decisions of the Contest Entities which are final and binding in all respects. For purposes of these Official Rules, receipt of Entry occurs when the Contest Site’s servers successfully receive the uploaded video file and record the required entry information. The Contest Entities shall not be held responsible for any late Entries or Entries not received by 11:59:59 pm ET on March 9, 2012.
5. Technical and Creative Requirements:
6. Entry Terms: Entries may only be submitted by a single Registered User. Group Entries will not be accepted (e.g., although different individuals might have taken part in the making of an Entry, and more than one (1) individual may appear in the Entry, only one (1) individual may be considered to have produced and submitted the Entry). By entering, each Entrant represents and warrants that he or she has obtained all of the rights, licenses, and permissions in writing from any person (or parent/legal guardian if person is a minor) who may have helped create or who may appear in the Entry and for any material or elements that are not owned by the Entrant, and/or which are subject to the rights of third parties prior to the submission of the Entry; that his or her Entry conforms to these Official Rules, and that the Entry:
(i) is the original work of the Entrant;
(ii) does not contain any use of the names, likenesses, photographs, or other identifying elements, in whole or in part, of any person, living, or dead without permission (proof of which in all cases must be provided to the Contest Entities upon request in a form satisfactory to Contest Entities);
(iii) does not include trademarks, logos (with the exception of BMW logos), or copyrighted material not owned by Entrant or material that is used without permission (including but not limited to company names, photographs, motion picture or television program clips or audio clips, works of art, or images published on or in websites, television, movies, or other media) or that otherwise infringes or violates the rights of any third party (including but not limited to, copyrights, trademarks, patents, trade secrets, logos, contract and licensing rights, rights of publicity or privacy, moral rights (i.e., “droit morale”), or any other intellectual property rights);
(iv) except as set forth above, the content of the Entry is not subject to any third party agreement(s), and the Contest Entities will not be required to pay or incur any sums to obtain further permissions of any person or entity as a result of its use or exploitation of the idea or video or rights therein or portions, modified versions or derivative works thereof as contemplated in these Official Rules;
(v) does not defame, misrepresent, or contain disparaging remarks or any other content which could adversely affect the name, reputation, or goodwill of the Contest Entities or any other individuals and/or entities, the determination of which shall remain in the sole discretion of Sponsor;
(vi) does not contain pornographic or sexual content, hateful content of any kind (including without limitation racism, sexism, etc.), content which promotes violence or harm to another living creature, or any other offensive, obscene or inappropriate content, the determination of which shall remain in the sole discretion of Sponsor;
(vii) does not include threats of any kind or that intimidate, harass, or bully anyone, or invade the privacy of any person, the determination of which shall remain in the sole discretion of Sponsor;
(viii) does not violate any applicable federal, local, state, provincial, national or international law or include any content that would encourage or provide instructions for a criminal offense;
(ix) complies with any required permits or similar regulations required by local authorities or property owners and that all required permissions have been obtained (including, but not limited to, permits for filming location) and is documented sufficiently such that Entrant can show proof of such permissions upon request from the Contest Entities.
Sponsor reserves the right to request proof of any permission to use the Entry in a form acceptable to Sponsor from any Entrant at any time. Failure to provide such proof may, if requested, render Entry null and void. By submitting an Entry, Entrant warrants and represents that he/she and any persons appearing or who are identifiable in the Entry consent to the submission and use of the Entry in the Contest and to its use as otherwise set forth herein. Entries will not be acknowledged or returned. Sponsor may prohibit an Entrant from participating in the Contest if it determines, in its sole discretion, that such Entrant is attempting to undermine the legitimate operation of the Contest by cheating, deception or any other unfair playing practices intending to annoy, abuse, threaten, undermine or harass any other Entrants, users, or Sponsor representatives, or has breached these Official Rules.
Technical Limitation of Liability: To the extent permitted by applicable law, neither the Contest Entities nor any of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, legal and financial advisors, any and all companies associated with this Contest nor any of their respective officers, directors, shareholders, agents, licensees, licensors and employees, nor any Internet access providers (collectively “Released Parties”) (except where due to the negligence, breach of these Official Rules or other default of a Released Party) are responsible for incorrect or inaccurate entry of information, human error, technical malfunction, lost/delayed data transmission, omission, interruption, deletion, defect, line failure of any telephone, computer or other network, computer equipment, software or any combination thereof, inability to access the Contest Sites, for problems uploading any Entries or downloading any Contest-related materials from the Contest Sites, or for late Entries not received within the stipulated date and time, lost, damaged, misdirected, incorrect, incomplete, delayed, garbled, stolen or inaccurate Entries or for any other problems or errors related to the Contest.
The Contest Administrator reserves the right to review all Entries received during the Video Submission Period and to only post Entries on the Contest Sites that conform to these Official Rules, as determined by the Contest Administrator in its sole discretion (“Eligible Entries”). Entries that do not comply with these Official Rules as determined by the Contest Administrator, in its sole discretion, will be subject to disqualification from the Contest and removal from the Contest Sites. The Contest Entities reserve the right to not post or to take down any Entry from the Contest Sites at any time, for whatever reason, including subsequent determination that an Entry does not comply with these Official Rules. Released Parties are not responsible for any unauthorized use of Entries by third parties.
7. Judging to Determine the pOTENTIAL Finalists & ALTERNATES: All Eligible Entries will be judged by representatives of the Contest Administrator and/or the Sponsor (collectively the “Judging Panel”). The Judging Panel will score each Eligible Entry based on the following weighted judging criteria (“Judging Criteria”):
Based on the Judging Criteria, the Judging Panel will determine the top scoring Eligible Video Submissions, which will be known as “Potential Finalists”. In the event of a tie, all tied Entries will be re-judged by an additional judge selected by the Sponsor who will break the tie using the Judging Criteria. The Sponsor’s decisions are final and binding in all matters relating to the Contest. If an insufficient number of eligible and qualified Entries are received and/or if the Potential Finalist fails to return required paperwork by the stated due date (see Section 8 below), the Sponsor reserves the right to disqualify the Potential Finalist and select an alternate Potential Finalist, time permitting.
8. Potential FINALIST Notification: Up to thirty (30) Potential Finalists will be notified of their selection by email, phone, mail and/or through the YouTube messaging system on or about March 20, 2012 and will be required to sign and properly execute the following documents and return them via email or facsimile (and subsequently by mail to the Contest Administrator by 12PM (noon) ET on March 26, 2012:
(1) an Affidavit of Eligibility and Publicity Release, unless prohibited by law;
(2) an Entrant Agreement and Release;
(3) such other and further agreements as may be required by the Sponsors;
(together, the “Releases”).
If any Releases sent by any means to the Potential Finalist are returned as undeliverable, or if the Potential Finalist cannot be reached within a reasonable time period or fails to properly execute and return all Releases described herein within the time period noted, or if the Potential Finalist is found not to be eligible or not in compliance with these Official Rules, the Potential Finalist will be disqualified and, at the sole discretion of the Administrator, the individual who submitted the next highest scoring Entry will be notified, time permitting. Please note that the “Affidavit of Eligibility and Publicity Release” contains consent to use Potential Finalist’s full name, likeness, city of residence, background, stories, and photographs for promotional purposes without additional compensation. For the avoidance of doubt, the refusal of such consent will not prevent Potential Finalist from receiving the applicable prize.
In addition, each Entrant acknowledges and agrees that the Contest Entities reserve the right to disqualify the Potential Finalist at any time, in their sole discretion, on the basis of anything contained in or learned or obtained as a result of any submitted Releases or any other forms requested by the Sponsor that, in their sole opinion, would constitute a breach of these Official Rules.
9. Public Voting: At the commencement of the Public Voting Period set forth in Section 1 above, up to thirty (30) Video Submissions (“Finalists”) that have been cleared per Section 8, if any, will be posted for public voting on the Contest Sites at the sole discretion of the Contest Entities. Each day during the Public Voting Period members of the public may vote a maximum of once per video, per day. Persons voting will be encouraged to use the Judging Criteria in Section 7 to critically evaluate the Finalists and as appropriate to vote “Thumbs Up”.. Subsequent votes in excess of stated maximum per voting day by a single person will be disqualified. No person may vote by proxy for any other person. Neither you nor anyone acting on your behalf may offer consideration, services, or anything of value in an attempt to further your position in the Contest. The use of any automated launching or entry software or any other mechanical or electronic means that permits website visitors to vote repeatedly is prohibited and all votes cast by such automated means will be disqualified.
10. DETERMINATION OF GRAND PRIZE WINNER: At the end of the Public Voting Period set forth in Section 1, the number of valid “Thumbs Up” votes for each Finalist will be counted. After the voting results are determined, the Judging Panel and the Sponsor will designate the Grand Prize Winner in its sole discretion. For clarity, Judging Panel and Sponsor have no obligation to use the voting results to determine the Grand Prize Winner, but may, in their sole discretion, elect to use those voting results in making their determination. Designation as a Finalist Video and/or Prize Winner is subject to your proof of compliance with these Official Rules, maintaining compliance with these Official Rules and Contest Sites membership, and approval by the Contest Entities. The decisions of the Contest Entities are final and binding in all matters relating to this Contest, including interpretation and application of these Official Rules.
11. NOTIFICATION OF GRAND PRIZE WINNER: The one (1) Grand Prize Winner will be notified by mail, telephone, and/or email, by the Administrator on or about April 9, 2012. The potential Grand Prize Winner will be required to sign and properly execute a W9 Tax Form and return them via email or facsimile (and subsequently by mail) to Administrator before the Prize will be awarded. In the event that the potential Grand Prize winner cannot be contacted or if the potential Grand Prize Winner fails to properly execute and return all documents described herein in the time noted by the Administrator at the time of Prize notification, or if the potential Grand Prize Winner declines to accept the prize, or if the potential Grand Prize Winner is found not to be eligible or not in compliance with these Official Rules, the potential Grand Prize Winner may be disqualified and the next highest scoring entry may be declared the alternate Grand Prize Winner, subject to all verification and eligibility requirements of these Official Rules. In the event the potential Grand Prize Winner is disqualified for any reason, the Contest Entities may award the prize to an alternate entrant, in its sole discretion, based on the Judging Criteria detailed above even if the disqualified potential Grand Prize Winner's name or Video Submission may have been shown or announced online. Depending on the number of Video Submissions received, the Contest Entities, in their sole discretion, reserves the right to award fewer than the number of prizes disclosed.
12. PRIZES: One (1) Grand Prize Winner will receive a 2012 BMW 328i Sedan with standard features as well as destination and handling included. Approximate Retail Value (“ARV”) $38,900. The ARV is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. Contest Grand Prize Winner must have a valid driver’s license and proof of appropriate insurance in order to take delivery of vehicle. Sponsor has the sole right to determine vehicle options and color. Any other modifications or upgrades made to the automobile will be at the expense of the Winner. Delivery is dependent upon availability and transportation requirements. Winner will be required to pick up the vehicle within seven (7) days of notification that the vehicle is available at a dealership of the Sponsor’s choosing. All physical damage, liability insurance or other insurances required, gasoline and fluids, excess wear and tear, maintenance, repairs and any other costs associated with the receipt and use of the prize are the sole responsibility of the Grand Prize Winner. Winner is also responsible for state and local sales tax, title and licensing of the vehicle before taking ownership. Prize images utilized in support of this Contest may not reflect the actual size, style, color or models of the actual prizes due to printing variations and/or manufacturer’s updates.
Additional Prize Details: Prize is non-transferable, except at the discretion of the Sponsor. No substitutions or cash equivalents allowed, except at the discretion of the Sponsor, which reserves the right to substitute a prize with one of comparable or greater value. For the avoidance of doubt, in the event that any portion of the Grand Prize is substituted with any goods, the relationship between Sponsor and the Prize Winner shall not be that of seller and consumers. Except where prohibited by law, all federal, state, provincial, or other tax liabilities are the responsibility of the Prize Winner and the Sponsor will not be responsible for any tax deductions which may be necessary. Prize Winner is responsible for any costs and expenses associated with prize acceptance and use not specified herein as being provided. All details of any prize not specified herein shall be determined solely by the Sponsor.
13. Ownership of Entry & Grant of Rights: Entrant will retain ownership of his/her Entry according to the YouTube Terms of Service. However, by entering the Contest, and to the extent allowed by law, Entrants grant the Sponsor, and their respective affiliates, licensees, promotional partners, developers, and third party marketing entities (collectively, “Licensed Parties”) a non-exclusive, perpetual, sublicensable, royalty-free license to edit, modify, cut, rearrange, add to, delete from, copy, reproduce, translate, dub, adapt, publish, broadcast, perform, exploit, use, and reuse (without limitation as to when or to the number of times used) the Entries themselves and the content of, and elements embodied in the Entries, including any names, locations, performances, and likenesses, in any and all media, including but not limited to digital and electronic media, computer, audio, and audiovisual media (whether now existing or hereafter devised), throughout the world, in perpetuity, and in any manner, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation to Entrant or any third party. To the extent permitted by law, each Entrant waives and releases the Licensed Parties, from and agrees to not exercise against the Licensed Parties, any and all claims that each Entrant may now or hereafter have in any jurisdiction based on “moral rights” or “droit moral” or unfair contest with respect to the Licensed Parties’ exploitation of Entries without further notification or compensation to Entrants of any kind. Each Entrant unconditionally and irrevocably consents to any act or omission by the Licensed Parties that would otherwise infringe his/her moral rights and present and future rights of a similar nature conferred by statute anywhere in the world whether occurring before or after this consent is given, and agrees not, unless there has been any use of an Entry or any derivative works thereof in a manner contrary to these Official Rules, to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Licensed Parties or any other person in connection with this Contest, on the grounds that any use of any Entry or any derivative works thereof, infringe or violate any rights of any Entrant and/or any participant therein. For the avoidance of doubt, the Entrants agree to the publication of their Entries.
14. Rights of Publicity: By entering the Contest, except where prohibited by law, each Entrant agrees that the Licensed Parties shall have the right and permission to use and announce the full name, likeness, city of residence, videos, photos, and/or prize information or personal exposition (and/or any edited portion thereof), and/or any information contained in his/her Entries for promotional, advertising, publicity, and/or other contest purposes in relation to the Contest, in any and all media, now or hereafter known, including but not limited to digital and electronic media, computer, audio, and audiovisual media, throughout the world, in perpetuity without compensation or notice to, or further consent to the extent permitted by law.
15. Limitations of Liability: Except where prohibited by law and to the extent that the negative consequences described below are the foreseeable result of matters within the Released Parties’ reasonable control and are the direct consequence of negligence or default by any of them, the Released Parties are not responsible for any incorrect or inaccurate entry of information, human error, technical malfunction, lost/delayed data transmission, omission, interruption, deletion, defect, line failure of any telephone, computer or other network, computer equipment, software or any combination thereof, inability to access the Contest Sites, for the inability to upload or download any Contest-related materials from the Contest Sites, or for late, lost, damaged, misdirected, delayed, garbled, inaccurate, stolen, incorrect or incomplete Entries.
EACH ENTRANT ACCEPTS THE CONDITIONS STATED IN THESE OFFICIAL RULES, AGREES TO BE BOUND BY THE DECISIONS OF THE CONTEST ENTITIES, WITHOUT PREJUDICE OF ANY CLAIM THAT COULD BE FILED BEFORE THE COURTS, WARRANTS THAT SHE/HE IS ELIGIBLE TO PARTICIPATE IN THIS CONTEST, AND AGREES EXCEPT TO THE EXTENT THAT ANY PERSONAL INJURY OR DEATH IS CAUSED BY THE RELEASED PARTIES' GROSS NEGLIGENCE OR BREACH OF THESE OFFICIAL RULES AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THAT THE RELEASED PARTIES SHALL NOT BE RESPONSIBLE FOR ANY CLAIMS, LOSSES, LIABILITY, AND DAMAGES OF ANY KIND (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES), ASSERTED AGAINST ANY OF THEM, INCURRED, SUSTAINED, OR ARISING IN CONNECTION WITH PARTICIPATION IN THIS CONTEST OR THE USE, ACCEPTANCE, OR MISUSE OF ANY PRIZE (INCLUDING ANY ACTIVITY RELATED THERETO OR USE OF GRAND PRIZE VEHICLE), INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY, OR FROM THE RESPECTIVE ENTRANT'S BREACH OF ANY AGREEMENT OR WARRANTY ASSOCIATED WITH THE CONTEST, INCLUDING THESE OFFICIAL RULES. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, THE CONTEST ENTITIES AND EACH OF THEIR LICENSEES RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING THE REVIEW OF ANY ENTRY BY THE SPONSOR, EACH ENTRANT UNDERSTANDS AND AGREES TO BEAR SOLE LIABILITY FOR THE CONTENTS OF HIS/HER ENTRY AND AGREES TO REIMBURSE THE RELEASED PARTIES FOR ANY DAMAGES AND/OR COSTS INCURRED AS A RESULT OF A THIRD PARTY’S CLAIM OR DEMAND RELATING TO THE CONTENT OF HIS/HER ENTRY.
16. General Conditions: The Contest Entities’ decisions are final and binding in all matters relating to this Contest, including interpretation and application of these Official Rules (without prejudice of any claim that could be filed before the Court). The Contest Entities will not enter into any correspondence, including email, with Entrants, except for 1) Potential Winner 2) Alternate(s); and 3) other Entrants at Contest Entities’ sole discretion. In the event of a dispute as to the identity of an Entrant based on an email address, the Entry in question may be disqualified in the Contest Entities’ sole discretion. The Contest Entities reserve the right, in their sole discretion, to disqualify any individual found tampering with the entry process or entry materials or otherwise interfering with the proper administration of the Contest or violating these Official Rules and void all associated Entries. The Contest Entities may cancel, modify, or suspend the Contest (or portion thereof) due to a force majeure event or any other circumstances which corrupt the administration, fairness, integrity or proper play of the Contest. Each Entrant hereby acknowledges and agrees that the relationship between the Entrant and the Contest Entities is not a confidential, fiduciary, exclusive, or other special relationship, and that the Entrant’s decision to submit an Entry in connection with this Contest does not place the Contest Entities in a position that is any different from the position held by members of the general public with regard to elements of the Entry, other than as set forth in these Official Rules.
17. Similar Ideas: Each Entrant understands and acknowledges that: i) Contest Entities have wide access to ideas, stories, designs, and other literary materials, and those new ideas are constantly being submitted to it or being developed by their own employees; ii) many ideas or stories may be competitive with, similar to, or identical to content in the Entry and/or each other in theme, idea, plot, format, or other respects; iii) Entrants will not be entitled to any compensation as a result of Contest Entities' use of any such similar or identical material that has or may come to Contest Entities, or any of them, from other sources. Except where prohibited by law, each Entrant acknowledges and agrees that the Contest Entities do not now, and shall not have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the Entrant’s copyright in and to the Entries. Finally, to the extent permitted by law, each Entrant acknowledges that, with respect to any claim by an Entrant relating to or arising out of any Contest Entities' actual or alleged exploitation or use of any Entry or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek any injunctive or other equitable relief or in any way enjoin, otherwise interfere with, delay, or interrupt the production, distribution, exhibition, or other exploitation of any production based on, or allegedly based on, the Entry, and Entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
19. Choice of Law: This Competition is governed by United States law and is subject to all applicable federal, state, and local laws. Except where prohibited by law, any and all legal actions or claims arising in connection with this Competition must be brought in a court of competent jurisdiction, in the State of New Jersey.
20. Contest Winner: The Winner will be posted on the Contest Sites (www.youtube.com/bmwusa or www.facebook.com/bmwusa) on or about April 13, 2012.
© 2012 Marden-Kane, Inc. All rights reserved. These Official Rules may not be copied, edited, or used for any other purpose, commercial or otherwise, without the express written consent of Marden-Kane, Inc.