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Unbox Therapy and car2go North America: How Many Balls in a Benz Official Rules
Please read these rules before entering the Contest. By entering and participating in the Contest, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements set forth below.
1. THE CONTEST
These Official Rules (“Official Rules”) apply to the How Many Balls in a Benz Contest (the “Contest”) sponsored by Unbox Therapy (“Sponsor”), and co-sponsored by car2go N.A., LLC and car2go Canada Ltd. (each a “Co-Sponsor”). The Contest starts on January 30, 2016, at 7:00 am PT and ends on February 28, 2017, at 11:59:59 pm PT (the “Contest Period”), or upon submission of an Entry containing the correct answer.
All times referenced herein are in Pacific Time (“PT”) unless otherwise noted.
2. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST.
To enter the Contest, you must be a legal resident of the United States or Canada (excluding the Province of Quebec) and have reached the age of majority in your state/province/territory of residence as of the date of entry.
Directors, officers, and employees of the Sponsor or Co-Sponsors and either of their parent companies, subsidiaries, affiliates, agencies, and advisors, and the immediate families of each, are not eligible to enter or win this Contest. In these Official Rules, “immediate family” includes mother, father, brothers, sisters, sons, daughters, partner, and/or spouse.
4. HOW TO ENTER
To become an eligible entrant (“Entrant”) and be entered into the Contest, you must visit the Contest Video, hosted on YouTube, and leave a comment on the YouTube video with your guess of how many balls are in the vehicle’s interior, as shown in the YouTube video. Entrants may enter the Contest once during the Contest Period.
All entry information and submissions shall be collectively referred to herein as the “Entries” or each as an “Entry,” and the entry process described above shall be referred to as the “Entry Process.” By entering the Contest, Entrants fully and unconditionally agree to be bound by these Official Rules and the decisions of the Sponsor, which will be final and binding in all matters relating to the Contest. No automated/robotic entry devices and/or programs are permitted, and any attempted form of entry other than what is specified here is prohibited. Entrants using multiple accounts to enter will be disqualified and their Entries deemed void. Entries are subject to verification and will be declared invalid if they are reproduced, falsified, altered, or tampered with in any way. All Entries must adhere to YouTube’s Community Guidelines and Terms of Service, any Entry that does not comply with these and any other applicable rules and requirements will be disqualified. Only one (1) entry per entrant permitted during the Contest.
The following additional rules apply to each Entry:
*The Entry must not contain material that violates, misappropriates, or infringes upon any law or regulation or the rights of any third party, including any copyright, trademark, or any rights of publicity or privacy, or any other intellectual property or proprietary rights;
*The Entry must not disparage any person or entity;
*The Entry must not contain material that is inappropriate, indecent, obscene, hateful, tortious, and/or defamatory;
*The Entry 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 Entry must not contain material that is unlawful, in violation of, or contrary to the laws or regulations in any jurisdiction where the Entry is created.
5. NOTIFICATION OF WINNER
The first Entry that identifies the correct number of balls inside the interior of the vehicle, as shown in the YouTube video, will be the winning Entry. The Sponsor will notify the winner by commenting on the winning Entry and/or sending the Entrant a direct message on YouTube.
Tie-breaker: In the case of a tie, a tie-breaker will be held to determine the winner. The tie-breaker contestants will be asked to correctly answer, unaided, a time-limited mathematical skill-testing question posed by the Sponsor. The tie-breaker round(s) will repeat until only one winner remains.
No prize will be awarded in the event that a winning Entry is not submitted during the Contest Period.
One (1) winner may receive $1,000.00 USD worth of car2go driving credit, valid for use in the car2go location of the winner’s choosing for six (6) months from the issue date. If the winner is not a car2go member, the prize will include a car2go membership.
The total approximate retail value (“ARV”) of the prize is $1,000.00 USD.
Prize must be accepted as awarded and cannot be transferred, substituted, or redeemed for cash or credit. Co-Sponsors reserves the right, in their sole discretion, to substitute any and all of the prizes for prizes of equal value. All applicable terms and conditions apply. Winner is responsible for all incidental and unspecified expenses incurred in connection with accepting the prize (“Expenses”). Winner understands that they may not seek reimbursement for any Expenses from Sponsor or Co-Sponsors.
ALL TAXES AND FEES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER.
7. DEADLINE FOR CLAIMING A PRIZE
Winner will be contacted by a direct message on YouTube or a comment response from the Sponsor on the winning Entry on or about the date of selection. The prize must be claimed within three (3) business days of notification by the Sponsor. The prize will be issued to the winner’s car2go account within three (3) days of verification. To claim a prize, the winner should follow the instructions contained in their notification. Winner may be required to sign a declaration and release form confirming compliance with the Official Rules and acceptance of the prize as awarded, and releasing Sponsor, Co-Sponsors, and each of their affiliates, employees, directors, officers, suppliers, agents, sponsors, and administrators from any and all liability for any loss, harm, damages, cost, or expense arising out of participation in this Contest or participation in any prize-related activity, or the acceptance, use, or misuse of any prize, including, without limitation, costs, injuries, losses, and damages related to personal injuries, death, damage to, loss, or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, or from any and all claims of third parties arising therefrom. Such declaration and release form must be returned to the Sponsor within three (3) business days of the notification date indicated on the form or the winner will be disqualified and the prize forfeited. If a winner declines the prize, cannot be contacted by the Sponsor, does not claim their prize, does not fully complete the declaration and release form, or otherwise fails to comply with the Official Rules, said entrant will be disqualified and their prize will be declared void. Sponsor and Co-Sponsors are not responsible for the failure for any reason whatsoever of winner to receive any notification or to respond as prescribed above.
8. NO REPRESENTATIONS OR WARRANTIES
The Sponsor and Co-Sponsors make no representation or offer any warranty, express or implied, as to the quality or fitness of any prize. Winner understands and acknowledges that they may not seek reimbursement or pursue any legal or equitable remedy from Sponsor or Co-Sponsors should a prize fail to be fit for its purpose or be, in any way, unsatisfactory to the winner.
9. PRIZES TO BE ACCEPTED AS AWARDED
The prize must be accepted as awarded. Prize is not redeemable for cash or credit, and no substitute for any portion of a prize shall be offered, except in Co-Sponsor’s sole discretion. Should a winner be unable to claim a prize that was awarded, their Entry will be disqualified and the prize will be forfeited.
10. OWNERSHIP OF ENTRIES
By entering the Contest, Entrants hereby grant Sponsor and Co-Sponsors (and Sponsor and Co-Sponsors’ licensees and assigns) a non-exclusive, perpetual, worldwide, irrevocable, royalty-free license to use, broadcast, display, publish, store, reproduce, distribute, syndicate, and otherwise use any Entry, in whole or in part (along with Entrant’s name, likeness, hometown, comments, and/or prize information), in any and all media, now known and as may later come into being, for editorial, advertising, marketing, trade, and any other purpose without further permission or compensation, unless prohibited by law. As a condition of being awarded a prize, except where prohibited by law, a winner may be required to execute a written consent confirming the rights granted to Sponsor’s and Co-Sponsors’ rights in this section, acceptance of these Official Rules, and release of liability, and any other legal or regulatory documents required by Sponsor or Co-Sponsor in their discretion.
11. GENERAL RELEASE
Sponsor, Co-Sponsors, and each of their parent companies, subsidiaries, affiliates, directors, officers, advisors, employees, and agencies (“Released Parties”) assume no responsibility for late, lost, incomplete, misdirected, garbled, distorted, damaged, stolen, destroyed, or otherwise indecipherable Entries due to any failure or technical malfunction of the on-line computer systems of equipment, servers, access providers, hardware, software, network, Internet, or other computer-related malfunctions or failures, poor reception, technical problems, failure of any email or submission, postal delays, or due to any other reason regardless of cause. If, for any reason, the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, or technical failures of any sort, the Sponsors and/or Co-Sponsors may cancel, terminate, modify, extend, or suspend the Contest in its sole discretion. Sponsors and Co-Sponsors are not responsible if Contest cannot take place or if any prize cannot be awarded due to acts of God, acts of war, natural disasters, weather, or acts of terrorism.
By entering the Contest, entrants further agree to release Sponsor, the Co-Sponsors, and the Released Parties from any liability whatsoever, and waive any and all causes of action for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with participation in the Contest or delivery, misdelivery, acceptance, possession or use of, or inability to use any prize (including, without limitation, claims, costs, injuries, losses, and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, or defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty, or other theory.
12. CONSENT TO COLLECTION AND USE OF PERSONAL INFORMATION/PRIVACY
13. NO DISRUPTION TO CONTEST
All Entrants agree to respect the Entry Process and the operation of the Contest as outlined in these Official Rules. Sponsor or Co-Sponsors may disqualify or ban from this Contest and all future contests, sweepstakes, and/or promotions, any entrant or person who Sponsor or Co-Sponsor believes is tampering with the Entry Process or the operation of the Contest, acting in a disruptive or unsportsmanlike manner, or behaving with the intent to annoy, abuse, threaten, defame, offend, or harass any person, including individuals associated with Sponsor or Co-Sponsors, or is otherwise in violation of these Official Rules. Should any attempt be made by an entrant or other person to damage a website or to undermine the legitimate operation of the Contest, Sponsor or Co-Sponsors may seek damages or other relief from such entrant or other person to the fullest extent permitted by law.
14. NOT AFFILIATED WITH YOUTUBE
This Contest is not sponsored, endorsed, administered, or associated in any manner whatsoever with YouTube. By entering this Contest, Entrants acknowledge that YouTube shall not have any legal responsibility or liability to Entrants. The information provided by the Entrants within the scope of this Contest is not provided to YouTube.
15. WHERE TO FIND THE OFFICIAL RULES
These Official Rules are available online at http://unboxtherapy.com/terms. All Entrants agree to abide by the Official Rules, which are subject to change at any time at the sole discretion of Sponsor, and by the decisions of Sponsor, which are final and binding in all respects.
16. COMPLIANCE WITH LAWS/ GOVERNING LAW
This Contest is void where prohibited or restricted by law and is subject to all applicable federal, provincial, and local laws and regulations. All issues and questions concerning the Contest and the construction, validity, interpretation, and enforceability of these Official Rules will be governed, construed, and interpreted under the laws of the State of Texas. Any provision of these Official Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of the Official Rules will remain in effect. Entrant agrees that, unless otherwise prohibited: (a) 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 appropriate court located in Austin, Texas; (b) 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 lawyers’ fees; and (c) 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.
17. WINNERS LIST
The names of the winners may be obtained by sending a self-addressed, stamped envelope by March 30, 2017, to: car2go N.A., LLC, Attn: Sweepstakes Administrator, 1717 W. 6th Street, Suite 425, Austin, TX 78703.
18. CONTEST SPONSOR (“Sponsor”): Unbox Therapy, 1111 Davis Drive Unit 1, Suite 289, Newmarket, ON, L3Y 9E5.
19. CONTEST CO-SPONSORS (each a “Co-Sponsor”): car2go N.A., LLC, 1717 W. 6th Street, Suite 425, Austin, TX 78703; and car2go Canada Ltd., 330-321 Water Street, Vancouver, BC, V6B 1B8.
No purchase necessary. Open to legal residents of the United States and Canada (excluding Quebec) who have reached the age of majority in their state/province/territory of legal residence as of the date of entry. Ends February 28, 2017 at 11:59:59 pm PT. For Official Rules, see http://unboxtherapy.com/terms . Void where prohibited.