VIZIO ® “Show Us How You Fiesta” CONTEST
NO PURCHASE NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
INTERNET ACCESS AND A VALID EMAIL ADDRESS ARE REQUIRED TO ENTER.
**WINNER IS RESPONSIBLE FOR ANY TAXES**
Participation in the VIZIO® “Show Us How You Fiesta” Contest (the “Contest”) constitutes your agreement to be bound by these VIZIO® “Show Us How You Fiesta” Contest Official Rules (the “Official Rules”).
1. Contest Period. The Contest commences at 12:01 AM Pacific Time (“PT”) on December 4, 2014 and ends at 11:59:59 PM PT on December 22, 2014 (“Contest Period”). All Contest entries must be received by 11:59:59 AM PT on December 15, 2014. Entries submitted past the expiration of the Contest Period will not be accepted and will be destroyed. Voting takes place between December 15, 2014 and December 21, 2014, with the winner to be announced on or about December 22, 2014.
2. Sponsor/ Administrator. The Contest is sponsored by VIZIO, Inc. (“Sponsor”).
3. Eligibility. Participation is open only to living individual legal residents of the fifty (50) States of the United States and the District of Columbia and who are at least 18 years of age or older (except residents of Alabama and Nebraska who must be 19 years of age or older, and residents of Mississippi who must be 21 years of age or older) as of the commencement of the Contest Period. VOID IN PUERTO RICO, AND OUTSIDE THE U.S., AND WHERE PROHIBITED AND RESTRICTED BY LAW.
Eligibility does not include : Employees, officers and directors of Sponsor or The Brand Amp (public relations agency) and their respective subsidiaries, members, affiliates, advertising, promotion and web design agencies, and their respective affiliates, assigns or representatives; and any other individuals or entities associated with the development, administration, promotion, advertising, execution of, or supply to this Contest or the Fiesta Bowl (collectively, “Contest Entities”); and family members or persons living in the same household as such individuals, whether related or not, are not eligible to participate or win. Participation in this Contest constitutes your agreement to be bound by these Official Rules.
Participants and his/her guest must be living to be eligible. In order to receive the Prize, you and your guest must be available in-person and have the ability to attend the Fiesta Bowl on December 31, 2014, in Glendale, Arizona, at the University of Phoenix stadium, which may include the prize winner and his/her guest being filmed or photographed by or on behalf of Sponsor.
4. How to Enter. To enter the Contest: (a) visit the VIZIO website at ThisIsHowWeFiesta.com during the Contest Period and click on the “ENTER TO WIN” button. Complete and submit the “Show Us How You Fiesta” entry form by filling out your name, e-mail address, birthdate and phone number, (b) submit a video that is no longer than 1 minute in duration, or photo, both of which are subject to a 100MB size limit, via the entry form with an accompanying caption (not to exceed 1000 characters in length) explaining how you fiesta; and (c) electronically agree and accept these Official Rules and click the “SUBMIT” button; (collectively, “Entry”). For any Entry that does not meet the above specifications, such as being too long in duration or too many characters for a story or caption, such Entry may be disqualified in Sponsor’s sole discretion.
There is a limit of a total of one (1) Entry per person/email address for the duration of the Contest Period. Multiple participants are not permitted to share the same email address. Any participant who attempts to participate with multiple e-mail and/or street addresses, under multiple identities or uses any device or artifice to enter multiple times in violation of applicable Entry limitations may be disqualified. Any use of robotic, repetitive, automatic, programmed or similar Entry methods or agents will void all Entries made by, or associated with, the applicable participant. In the event of a dispute over who submitted an Entry, the authorized account holder of the e-mail account provided in connection with the Entry, as of the actual time of Entry, will be deemed to be the participant. The “authorized account holder” is defined as the natural person who is assigned to the e-mail address by an Internet access provider, online service provider or other organization (e.g. business, education, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. In the event of a dispute about the identity of an entrant, Sponsor may require that the potential winner provide proof that he/she is the authorized account holder of the email address and/or password associated with the Entry.
Proof of submission of an Entry shall not be deemed proof of receipt by Sponsor. Sponsor’s computer is the official time keeping device for the Contest. Once submitted, Entries will not be acknowledged or returned. With submission of Entry, the participant will receive promotional or marketing-related emails from Sponsor. The participant may opt out of receiving marketing communications from Sponsor by unsubscribing using the link on any email received from Sponsor, or by replying to an email received from Sponsor and putting the word “unsubscribe” in the subject or body of the email. By entering the Contest, each participant agrees to be bound by these Official Rules and the decisions of Sponsor in connection with the Contest, whose decisions are final and binding on all matters relating to the Contest. Winning a prize is contingent upon fulfilling all of the requirements in these Official Rules.
5. Submission License & Guidelines. All submissions are licensed to Sponsor, who may reprint, display, reproduce or otherwise exploit the Entry in whole or in part, in any manner and in any and all media. All participants acknowledge and agree that submission of the Entry, with a video, photo or story and caption as applicable, grants Sponsor and its agents the unlimited, worldwide, perpetual, irrevocable, non-exclusive license and right to reproduce, prepare derivative works, distribute, perform, display and/or otherwise use the submission in any manner, the Entry in whole or in part in any way, in any and all media now known or hereafter developed, without consideration to the participant, except where prohibited by law. Further, to the extent that the participant may have moral rights in the Entry submitted, he/she hereby waives all such moral rights in favor of Sponsor.
By submitting the Entry (video, photo, story and/or caption as applicable) in the Contest, you hereby warrant and represent that your Entry conforms to the Submission Guidelines set forth herein. Along with any other requirements, characteristics, formats and specifications that apply to the Entry, each Entry must comply with the following, as applicable: (a) all videos cannot exceed the duration limit of 1 minute and 100MB size; (b) photo must be equal to or less than 100MB in size; and (c) video/photo captions or descriptions cannot exceed the 1000 character length limit; as each requirement is specified in these Official Rules.
Submission Guidelines. The Entry must not do any of the following:
ENTRIES POSTED TO THE WEBSITE WILL NOT BE EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL PARTICIPANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to participants. Sponsor reserves the right to waive the Contest Entry requirements set forth herein in its reasonable discretion. Sponsor reserves the right, in its reasonable discretion, during or upon completion of the Contest Period, to request that any participant resubmit his or her Entry which fails to comply with the Contest requirements prior to any judging/ voting period.
By submitting an Entry, you agree that your submission is gratuitous and made without restriction, will not place Sponsor under any obligation, and that Sponsor is free to disclose or otherwise disclose the ideas contained in the Entry on a non-confidential basis to anyone and may otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your Entry, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you. Sponsor reserves the right to, and may or may not, monitor or screen Entries prior to posting them to its website. By entering, you acknowledge that Sponsor has no obligation to use or post any Entry (including any video, photo or story) you submit. Participants’ names and/or Facebook username/account names may be published with the Entry submission.
BY SUBMITTING AN ENTRY, ALL PARTICIPANTS ACKNOWLEDGE THAT HIS/HER ENTRY MAY BE POSTED ON SPONSOR'S WEBSITE, IN SPONSOR'S SOLE DISCRETION. Submission of an Entry grants Sponsor and its agents an unlimited, worldwide, perpetual, irrevocable, non-exclusive license and right to publish, use, publicly perform the Entry in any way, in any and all media now known or hereafter developed, without limitation, and without consideration to the participant. By submitting an Entry, the participant consents to the Sponsor and its agents doing (or omitting to do) any acts which may otherwise constitute an infringement of the participant’s moral rights.
By submitting an Entry, you warrant and represent that it: (a) is your original work, (b) has not been previously published, (c) has not won previous awards, (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity, (e) that you have obtained permission from any person(s) whose name(s) or likeness(es) are used in the Entry, (f) and that publication of the Entry via various media including Web posting, will not infringe on any third party rights. Any such participant will indemnify and hold harmless Sponsor from any claims to the contrary to the above representations. Any participant whose Entry includes likenesses of third parties or contains elements not owned by the participant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including Sponsor’s use of such video or photo, in a form satisfactory to Sponsor, upon request, prior to award of the prize and/or naming of a participant as a potential winner.
By accepting a prize, the winner agrees that his/her Entry is licensed to Sponsor under the Copyright laws of the United States, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Any prize winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that the prize winner may now or later have to their Entry. Sponsor reserves the right to alter, change or modify the winning Entry, in its sole discretion. Upon request of Sponsor, the prize winner shall execute and deliver an additional license agreement, as may be solely deemed by Sponsor, reasonably necessary to establish the rights to use the Entry and of the copyrights licensed and “Moral Rights of Authors” waived/consented to under these Official Rules. Should Sponsor fail to request such license agreement as stated, that shall not be deemed a waiver of Sponsor's rights and Sponsor may at a later time request the license grant.
6. Voting Phase. Sponsor shall select the top 10 Entries based on the Judging Criteria set forth in Section 8 below. Thereafter, VIZIO Fandemonium Members and the public will be invited to vote (the “Fans Vote”) for the winning Entry of the 10 top Entries that they believe best demonstrates why the participant should be the winner. VIZIO Fandemonium Members and the public can visit online at ThisIsHowWeFiesta.com and follow the instructions to vote. Voting will earn VIZIO Fandemonium Members points in accordance with the Fan Zone Terms of Service. VIZIO Fandemonium Members and the public must select the Entry they wish to vote for. Voting Limit: Only one (1) vote per person, per Entry (e.g., video or photo), per day is allowed during the Voting Phase. Any persons voting may not share the same email address. Any attempt by anyone to submit more than the stated number of votes by using multiple/different email addresses will void all their votes and he or she will be disqualified from further participation in the Contest.
7. Prize Winner Selection. After the Voting Phase, on or about December 21, 2014, one (1) prize winner (“Prize Winner”) will be selected from among all eligible Entries after the Contest Period and will based on the judging criteria as defined in Section 8.
8. Entries & Judging Criteria. All Entries submitted by participants, who based on initial review appear to satisfy the eligibility requirements, will be judged during the Contest Period, and may be posted to the Website approximately between December 15, 2014 and December 21, 2014. The Prize Winner will be selected by Sponsor and its agents from among all eligible Entries received as narrowed down to the top 10 Entries as described in Sections 6 and 7 above. The top 10 Entries will be selected by Sponsor based on the following judging criteria:
Sponsor shall select the ten (10) highest scoring Entries to be voted on by the Fandemonium Members to determine the Fans Vote results. The judging of Entries will be conducted under the supervision of a representative of Sponsor whose decisions are final and binding in all respects relating to the selection of the Prize Winner. Limit one (1) prize per person/household. In the event of a tie, the tied participants will be re-judged by an additional judge from Sponsor who will serve as a tie-breaker using the same criteria as outlined herein. The top scoring eligible Entry will be deemed the Grand Prize Winner. Sponsor’s decisions on all matters relating to this Contest are final and binding in all respects pertaining to this Contest.
9. Grand Prize. Grand Prize Winner: one Grand Prize Winner will receive a) two (2) tickets to the 2014 VIZIO Fiesta Bowl (with an Approximate Retail Value [“ARV”] of $300.00); b) one (1) Trip Package (“Trip Package”) of airfare and lodging for 2 people to the Fiesta Bowl (ARV not to exceed the maximum travel total amount of $2,000.00); c) one VIZIO P-Series 50” Ultra HD Full-Array LED Smart TV, model number P502ui-B1 (ARV: $999.99); d) 42” 5.1 Home Theater Sound Bar with Subwoofer and Satellite Speakers, model number S4251w-B4 (ARV: $299.99); and e) a $100.00 per diem per day per person (ARV: $600.00), all of the above is the “Grand Prize”.
Total ARV of the Grand Prize is approximately and shall not exceed: $4,199.98
The Grand Prize Trip Package consists of airfare costs and lodging for two (2) people to the Fiesta Bowl on December 31, 2014 in Glendale, Arizona. The Trip Package shall not exceed the total amount of $2,000.00. The Trip package includes roundtrip, coach-class airfare for two (2) people from a major airport near the Grand Prize Winner’s home (determined by Sponsor in its sole discretion), and 2 nights’ accommodations (determined by Sponsor in its sole discretion), in or near Glendale, Arizona at a hotel determined by Sponsor in its sole discretion (single room, double occupancy) and a $100.00 per diem per day per person for three days. The Grand Prize Winner and guest(s) must travel together on dates designated by Sponsor. The guest must be of legal age of majority in their jurisdictions of residence, unless accompanied by a parent or legal guardian. Exact travel dates to be determined by Sponsor subject to availability and other restrictions. Sponsor is not responsible for flight cancellation or delay. Grand Prize Winner will only receive the value of the actual amount for travel accommodations and will not be refunded, credited or paid any amount of difference if Sponsor spends less on the travel accommodations.
The Grand Prize Winner and guest are responsible for any identification, passport or other travel requirements. All expenses, incidentals and other travel costs not expressly stated in the Trip Package description above, including, but not limited to ground transportation, baggage and handling, tips, meals, incidentals, passenger tariffs/duties, surcharges, airport fees, service charges or facility charges, lodging personal charges, security fees, taxes and all other expenses are the sole responsibility of the Grand Prize Winner. Actual value of the Grand Prize received may vary based on airfare fluctuations and distance between departure and destination points.
The ARV of the Prize, especially retail prices of electronic devices, may fluctuate and change between the date of commencement of the Contest and the date that the prize is awarded or redeemed. The Prize Winner will not receive the difference between actual and approximate retail values. Sponsor shall arrange for all Grand Prize travel and lodging accommodations and any amount not spent by Sponsor in arranging for travel and lodging shall not be refunded, credited or paid to the Grand Prize Winner. Representatives of Sponsor will arrange to ship any tangible prizes to the Prize Winner after the Prize Winner has been announced, and the Prize Winner shall ensure that his/her residence is accessible for the delivery to a physical address ( PO Boxes not acceptable, signature required) of such Prize based on a confirmed date between Sponsor and the Prize Winner.
Prizes may not be assigned, transferred, changed or redeemed for cash, except at the sole discretion of Sponsor. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason.
The Prize Winner shall be solely responsible for all (i) federal, state, provincial and/or local taxes, and (ii) other fees and expenses not specified herein associated with the receipt and use of each Prize. The Prize Winner will be required to complete and submit an IRS Form W-9 with his or her social security number or the equivalent for receipt of each Prize. Failure to submit a complete W-9 or equivalent will result in forfeiture of the Prize. The Prize value will be reported to the IRS and the California Franchise Tax Board by Sponsor. The prize is awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
10. Winner Notification. The Prize Winner will be notified by e-mail and/or phone on or about the dates listed in Section 7. If a Prize Winner notification is returned as undeliverable or a Prize Winner cannot be reached, a potential Prize Winner is ineligible, or a Prize Winner declines the Prize, the Prize will be awarded to the next highest scoring Entry. The Prize Winner is subject to verification, including verification of age. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of participants. P.O. Boxes are not acceptable as mailing addresses. Awarding of Prize is subject to verification of the Prize Winner's eligibility and full compliance with these Official Rules.
As a condition of accepting the Prize, the Prize Winner must respond to Sponsor’s notification of winning within 24 hours from the time of notification, and must: 1) execute and return an Affidavit of Eligibility, Release of Liability and Publicity Release document within two (2) business days from a Prize Winner’s written confirmation of winning; and 2) provide Sponsor with his/her social security number and a copy of a valid government issued photo identification along with the above Affidavit document. Failure to sign and return the Affidavit will result in forfeiture of the Prize. Failure to return all required documents in this time period may result in the potential winner being disqualified and an alternate winner being selected. Any unclaimed and/unused portion of a Prize or prize package will be forfeited and will not be substituted, nor will there be any refund for any unclaimed and/or unused portion of a Prize.
11. General: NO PURCHASE NECESSARY.
A. Contest Cancellation: Sponsor reserves the right, in its sole discretion to cancel, terminate or suspend this Contest, or any portion thereof, should virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor corrupt or impair the administration, integrity or security of the Contest (including but not limited to attempts to hack into or otherwise tamper with underlying source code/programming). The Contest Entities and their respective parent companies, subsidiaries, officers, directors, partners, principals, partnerships, employees or agents are not responsible for hardware, software or telephone failures of any kind, traffic congestion on the Internet, lost network connections, incomplete, garbled or delayed computer transmissions, whether caused by Sponsor, users or by any of the equipment or programming associated with or utilized in the Contest or by technical or human error that may occur and/or that may damage a user's system or limit an participant’s ability to participate and/or redeem a Prize in the Contest. Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the Contest, violates these Official Rules, or otherwise engages in fraudulent or offensive conduct with respect to this Contest.
CAUTION: 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, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PARTICIPANTS TO THE FULLEST EXTENT OF THE LAW.
B. Waiver: Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Should any provision of these Official Rules be deemed unenforceable or invalid, the other provisions of these Official Rules shall remain in full force and effect. In the event that this Contest is challenged by any legal or regulatory authority (including but not limited to any federal or provincial or state governmental authority), Sponsor reserves the right to discontinue or modify the Contest, as applicable, or to disqualify any participants residing in any affected geographic areas, as applicable. In such event, Sponsor shall have no liability to any participants who are disqualified due to such an action.
D. Publicity: Acceptance of a prize constitutes permission (except where prohibited), for Sponsor and its designees to use a Prize Winner’s name, voice, image, likeness, photographs, statements, biographical information and any other personal characteristics, in any and all media now or hereafter known, for any purpose, including without limitation marketing, promotional and/or publicity purposes, without additional compensation to the Prize Winner.
The Prize Winner must be available for interviews and photos, on dates and times to be decided by Sponsor, for release in national and regional television, newspapers, magazines, and VIZIO marketing and promotional materials in all mediums including but not limited to vizio.com.
E. Release of Liability: By participating, all participants agree to release, indemnify and hold harmless Sponsor and each of their respective officers, directors, employees, representatives and agents from and against any and all liabilities, claims, judgments, injuries, damages, expenses, or losses whatsoever, including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in the Contest, or possession, acceptance and/or use or misuse of the prize or participation in any Contest-related activity and for any claims based on publicity rights, defamation or invasion of privacy.
F. Third Party Terms and Conditions : The Prize may be subject to additional terms, conditions and restrictions of third party providers, including but not limited to access to the Internet. You acknowledge and agree that Sponsor will not be responsible for any agreement between you and such third party providers or any content, applications or software provided by such third parties.
G. California Law: Except where prohibited, by participating each participant agrees that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant(s) and Sponsor and its agents shall be governed by and construed exclusively in accordance with the laws of the State of California without giving effect to any principles of conflicts of law of any jurisdiction. Except where prohibited, by participating in this Contest, each participant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or awarding of the prizes, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Contest but in no event attorneys’ fees; and (c) under no circumstances will any participant be permitted to obtain awards for and hereby waives all rights to claim 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. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you.
12. Request for Winner List and Official Rules: For Official Rules and/or the Winner List, check Thisishowwefiesta.com after the Contest Period or send a self-addressed stamped envelope by December 22, 2014 to: VIZIO “Show Us How You Fiesta” Contest, 39 Tesla, Irvine, CA 92618, USA. Residents of Vermont may omit return postage on rules requests. Winner List will be available after December 22, 2014.
13. Sponsor: VIZIO, Inc., 39 Tesla, Irvine, CA 92618. BCS, College Football Playoff, Ellie & Michael Ziegler Fiesta Bowl Center & Museum and any college football teams playing at any BCS Championship Game or Bowl are not sponsors of this Contest. This Contest is also in no way sponsored, endorsed or administered by any other entity to which the Contest or its prizes are related.
© 2014 VIZIO, Inc. The V, VIZIO and all names, logos and phrases are registered or unregistered trademarks of VIZIO, Inc. All other marks are the properties of their respective owners. All rights reserved.