Official Rules: 2013 Beneteau First 35 Naming Contest
Grand Prize at the Scrub Island, Resort, Spa & Marina
ELIGIBILITY: "Name the Beneteau First 35" Contest (the "Promotion") sponsored by Beneteau America, Inc., 1313 Highway 76 West, Marion, SC 29571 (the "Sponsor") is open only to natural persons and legal residents of the United States who are physically located in the United States, and (25) years of age or older as of the beginning of the Promotion Period (January 20, 2013). Entries originating from any other jurisdiction will be disqualified. Employees of Beneteau America, Inc., its parent company, affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, directors, and officers, and each of their immediate family members and persons living in their same household (whether legally related or not), are not eligible to participate in the Promotion or win prizes.
NO PURCHASE NECESSARY. A purchase will not increase your chance of winning. Odds of winning will depend on the total number of entries received. All federal, state and local laws and regulations apply. Void where prohibited by law.
TO ENTER: Beginning 10:00 am Eastern Standard Time (EST) on January 20, 2013 and ending 5:00 pm EST on February 3rd, 2013, (the "Contest Period") visit www.facebook.com/BeneteauUSA and post on the wall your proposed name for the First 35 which is racing in Charleston Race Week as part of the Best Around the Buoys initiative (the “Name” or “Entry”). You must have a personal Facebook account. If you are not a member of Facebook, you will need to sign up for a free personal Facebook account at http://www.facebook.com/. Anonymous users will not be eligible. The Name must be original and the Entry may not contain material that violates or infringes any third party's rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement. The entry must not contain or be confusingly similar to any third party product names, brand names or trademarks. The Entry must not contain material that is inappropriate, indecent, obscene, hateful, tortuous, defamatory, slanderous or libelous. The Entry must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. The Entry must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where Entry is created. Sponsor is not responsible for late, lost, misdirected, or invalid entries.
Entries will be deemed to have been submitted by the person registered to the Facebook account from which entries are received. Once you submit your Entry, you will be officially entered into the Contest. Entries cannot be revised or altered once submitted. Once submitted, all submitted components become the property of the Sponsor. Automated means of entry and entries by any means which subvert the entry process are prohibited and all such entries will be void.
The Grand Prize Winner will be required to reply to the Notification within seven (7) days to accept the prize.
In the event that the winning Name is submitted more than once, the earliest submission based on the Facebook timestamp will determine the winner.
If the Grand Prize Winner is unwilling or unable to accept the prize, the prize will be forfeited.
Suggest your name idea for the new First 35 which will be competing in Charleston Race Week as part of the Best Around the Buoys initiative. Entries will be deemed made by the authorized account holder of the personal Facebook profile at the time of entry. The "authorized account holder" is defined as the natural person who is assigned to a personal Facebook profile. Facebook Pages do not meet the personal Facebook profile requirement. All online entries must be transmitted and received by 5:00 pm EST February 3rd, 2013.
CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR OTHERWISE CORRUPT THE CONTEST OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY, PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Limit one entry per person, per personal Facebook account. If more than one entry is received per person, per Facebook acount, by any means, including but not limited to establishing multiple Facebook accounts, all such entries submitted will be disqualified.
Valid entries received by 5:00 pm on February 3rd, 2013 will be eligible for the name selection on or about 10:00am on February 4th, 2013. Proof of emailing and/or registering does not constitute proof of delivery or receipt by Sponsor. By submitting a name idea, entrants acknowledge compliance with these Official Rules, including all eligibility requirements, and agree to waive all rights and remedies at law or in equity for any claim they may have relating to this promotion. All entries become the property of the Sponsor and will not be returned.
One (1) name will be chosen by Sponsor as the most appropriate name for the Beneteau First 35 racing in Charleston Race Week 2013, in Sponsor's reasonable discretion. All names submitted within the Contest Period will be evaluated for suitability in the context of Charleston Race Week, Best Around the Buoys and the Beneteau brand. Winner will be notified by email on or about February 6, 2013. The Winner may also be posted on a winners page at www.beneteauamerica.com and may be announced by news release. Winning is contingent upon fulfilling all requirements of these Official Rules.
ASSIGNMENT OF RIGHTS TO NAME: You agree that, by entering the Contest, you irrevocably assign and transfer to Sponsor all right, title and interest in the Name throughout the world, including, without limitation, all trademark rights, and you agree to execute any additional documents Sponsor may deem necessary to evidence or effectuate such assignment. Sponsor's rights with respect to the Entry include, but are not limited to: (a) the exclusive right to use, publish, display or reproduce the proposed Name on products, packaging, advertising for purposes of trade and any other lawful purpose; (b) the exclusive right to alter, revise or change the Entry in any way; (c) the exclusive right to secure trademark and copyright registrations and other rights in the entry anywhere throughout the world; (d) the exclusive right to license, exploit, sell, assign, or otherwise dispose of the entry or any of the said rights included therein for any purpose which the Sponsor may see fit; and (e) any and all subsidiary rights in the Entry.
GENERAL: By entering the Promotion, participants agree to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all respects. Entrants who do not comply with these Official Rules or attempt to interfere with the Promotion in any way, shall be disqualified. Entrants and prize winner agree to release, defend, indemnify and hold harmless Sponsor and their respective officers, employees, directors, parent and all related affiliated companies, licensees, subsidiaries, agencies and any other companies participating in the design, administration or fulfillment of the Promotion (collectively, "Released Parties") from liability of any kind or nature for any injuries, damages or losses of any kind or any other costs or expenses resulting from participation in this Promotion, or acceptance, possession or use, misuse or awarding of a prize or parts thereof, including, without limitation, any injury, damage death, loss or accident to person or property. Acceptance of the prize constitutes permission (except where prohibited by law or regulation) to use winner's name, likeness, biographical data and statements for advertising and publicity purposes without notice or additional compensation. The Released Parties are not responsible for any printing, typographical, mechanical, human or other errors in these Official Rules, in the administration of the Promotion, in the announcement of the prize winner, and/or in any advertising or other associated promotional materials in connection with the Promotion.
WINNER NOTIFICATION: Winners will be notified and tagged on Facebook within approximately two (2) business days after the potential winner is selected. "Notification" is deemed to have occurred immediately upon tagging the potential winner. In order for a potential winner to claim their prize, the potential winner must respond within two (2) business days of Notification and may be required to sign and return an Affidavit of Eligibility and Liability Release and a Publicity Release (where legal), and any other additional documents required by Sponsor (the "Required Documents") within seven (7) days of date of Notification. Failure to comply within this time period, or if prize notification or prize is returned as non-deliverable or not returned properly executed, or if winner is found to be ineligible, or not in compliance with these Official Rules, potential winner forfeits the prize and is disqualified.
PRIZE: One (1) grand prize will be awarded to the entrant who first submitted the winning Entry. Grand prize consists of trip package (a $2,500 value) including 3-night stay (one room, double occupancy), dinner for two (excluding alcoholic beverages) and a spa treatment valued at $200 at the Scrub Island Resort, Spa & Marina. Scrub Island is a private island located 1.6 miles offshore from Tortola in the British Virgin Islands and home to Scrub Island Resort, Spa & Marina. The island can be reached by resort ferry and is convenient to Tortola Airport (EIS). Passport Required.
All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, air and ground transportation, dockage/mooring, meals, incidentals, passenger tariffs or duties, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, gratuities, taxes or other expenses are the responsibility solely of Grand Prize Winner. Unless child of Grand Prize Winner, travel companion must be eighteen (18) years of age or older as of the date of departure and must travel on same itinerary and at the same time as the Grand Prize Winner. Travel companion must execute liability/publicity releases prior to release of Grand Prize. Prize is valid only through February 1st, 2014. The winner and traveling companion must depart from the same airport on the same flight. The traveling companion must also be 25 years or older. Winner is responsible for all applicable federal, state and local taxes. The Sponsor accepts no responsibility for any tax implications that may arise from prize winnings. Independent financial advice should be sought.
Winner and travel companion are responsible for obtaining a valid U.S. passport and any other required travel documents prior to travel. Trip must be taken by date specified by Sponsor or prize will be forfeited and Sponsor will have no further obligation to such winner.
Winners are responsible for any applicable taxes. Prize is non-transferable, and no prize substitutions or cash redemptions are allowed. This Promotion is being offered by Beneteau America, Inc. All trademarks are the property of their respective owners.
Prize will be awarded according to these Rules provided it is claimed in accordance with these Rules. For the prize winners' names, send an email with subject line: "Beneteau First 35 Naming Contest Winners" to firstname.lastname@example.org between February 6, 2013 and April 6, 2013.
GOVERNING LAW / DISPUTES: BY ENTERING THE PROMOTION, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS' REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
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