PHILIPS LUMILEDS LED CONTEST OFFICIAL RULES NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.

Transcription

1 PHILIPS LUMILEDS LED CONTEST OFFICIAL RULES NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK OR TWITTER. Eligibility: The Phillips Lumileds LED Contest (the Contest ) is open to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years of age at the time of entry, who have a Facebook account and who like the Philips Lumileds Page (the Page ) on Facebook or who have a Twitter account and who follow Philips Lumileds (the Handle ) on Twitter. Obtaining a Facebook account or a Twitter account and following the Handle is free of charge. Those who are employees of Philips Lumileds Lighting Company, LLC ( Sponsor ) or its affiliates, subsidiaries, representatives, advertising, promotion and publicity agencies (collectively, Sponsor and its agents ) or who are immediate family members or persons living in the same household of each such employee are not eligible. The Contest is governed exclusively by the laws of the United States. The terms and conditions of this Contest will be interpreted in accordance with the laws of the United States. Subject to all applicable laws and regulations. Void where prohibited. Participation in the Contest constitutes entrant s full and unconditional agreement to these Official Rules and Sponsor s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent on fulfilling all requirements set forth herein. 1. How to Enter. To enter the Contest, you must post an original photograph of either beautiful lighting featuring LEDs or a lighting installation that would be improved by an LED replacement (each a Photo ) on Sponsor s Facebook page or Twitter page using the hashtag #LEDloveContest. If you enter the Contest using a mobile device, your wireless service provider's message and data rates apply. You should consult your wireless service provider's pricing plan for details. You agree to incur any and all charges demanded by your wireless carrier. All entry information and Photos shall be collectively referred to herein as Entries or each as an Entry. By entering, each entrant warrants and represents the following with respect to the entrant s Entry: (a) the Photo is entrant's own creation and entrant owns all rights in and to the Photo, including, but not limited to, copyright; (b) the Photo will not infringe on or conflict with the rights of any third parties; and (c) any persons appearing in the Photo have given entrant appropriate consent to be photographed and used as permitted herein. By entering, all entrants acknowledge and agree that their respective Entries will be posted on Sponsor's Site at (the Site ) and social media platforms (Facebook, Twitter, and LinkdedIn) and grant their permission to have their respective Entries posted on the Site. By entering, each entrant further agrees that his or her entry conforms to the Photo Guidelines and Content Restrictions set forth below (collectively the Guidelines and Restrictions ) and that Sponsor, in its sole discretion, may reject any entrant s Entry and disqualify him or her from the Contest if Sponsor believes, in its sole discretion, that such Entry fails to conform to the Guidelines and Restrictions. Photo Guidelines: The Photo must be in a format suitable for upload on Facebook or Twitter; The Photo cannot have been submitted previously in a promotion of any kind or exhibited or displayed publicly through any means; and The Photo must be related to LEDs. Page 1 of 5

2 Content Restrictions: The Entry 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 Entry must not contain brand names or trademarks, except for Sponsor s trademark for which entrant has a limited license to use for the sole purposes of creating and uploading an Entry into this Contest; The Entry must not contain images or artwork not created by entrant; The Entry must not contain material that is inappropriate, indecent, obscene, violent, hateful, tortious, 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, gender, 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 the Entry is created; and The Entry must adhere to the Facebook Terms of Use set forth here: if posting the Photo on Facebook, and the Entry must adhere to the Twitter Terms of Service set forth here: if posting the Photo on Twitter. LIMIT: Sponsor reserves the right to cancel or modify this Contest in the event an insufficient number of Entries are received that meet the minimum judging criteria. Any attempt by any entrant to obtain more than the stated number of Entries by using multiple/different Facebook or Twitter accounts, identities, registrations and logins, or any other methods will void that entrant's Entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Further, Sponsor reserves the right not to award all prizes if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries or the content is deemed inappropriate. In the event of a dispute as to any Facebook or Twitter account, the authorized account holder of the address used to register on Facebook or Twitter will be deemed to be the entrant. The authorized account holder is the natural person assigned an address by an Internet access provider, online service provider or other organization responsible for assigning addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized accountholder. All Entries become the sole and exclusive property of the Sponsor and receipt of Entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, postage-due, misdirected, technically corrupted or garbled Entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Proof of submission will not be deemed to be proof of receipt by Sponsor. 2. Start/End Dates. The Contest begins at 9:00 a.m. Pacific Time ( PT ) on August 4, 2014 and ends at 12:00 p.m. PT August 29, 2014 (the Contest Term ). During the Content Term, there will be four (4) periods (each a Contest Period ) as set forth below CONTEST PERIODS: START DATE/TIME First Contest Period August 4, 2014 at 09:00 a.m. PT Second Contest Period August 8, 2014 at 12:01 p.m. PT END DATE/TIME August 8, 2014 at 12:00 p.m. PT August 15, 2014 at 12:00 p.m. PT Page 2 of 5

3 Third Contest Period August 15, 2014 at 12:01 p.m. PT Fouth Contest Period August 22, 2014 at 12:01 p.m. PT August 22, 2014 at 12:00 p.m. PT August 29, 2014 at 12:00 p.m. PT The Sponsor s computer is the official time-keeping device for the Contest. 3. Judging/Judging Criteria/Winner Selection. At the end of each Contest Period, Sponsor and/or its designated judges (the Judging Panel ), as determined by Sponsor in its sole and absolute discretion, shall review all eligible Entries received during the applicable Contest Period. All Entries will be judged based on the following equally-weighted judging criteria: (i) Creativity of Submission, (ii) Quality of Submission, and (iii) Appropriateness to Theme. The Entries with the highest score among all eligible Entries received on Facebook and Twitter at the end of each Contest Period will each be deemed a potential prize winner ( Potential First Prize Winner ). In the event of a tie, the Submission with a higher Creativity of Photo score will be deemed the potential winner. At the end of the Contest Term, the Judging Panel will conduct a drawing and one entrant will be randomly selected among all eligible Entries received on Facebook and Twitter as the potential winner of the Grand Prize ( Potential Grand Prize Winner ). By entering the Contest, entrants fully and unconditionally agree to be bound by these Official Rules and the decisions of the judges, which will be final and binding in all matters relating to the Contest. 4. Prizes. A total of eighty (80) First Prizes will be awarded during the Contest. There will be ten (10) winners selected from all eligible Facebook Entries and ten (10) winners selected from all eligible Twitter Entries received during the applicable Contest Period. Each First Prize will be comprised of either one (1) set of LUXEON LED cufflinks or one (1) LED necklace. The First Prize awarded is in the sole discretion of the Sponsor and Sponsor will select which model is awarded from among five (5) different choices. Approximate retail value ( ARV ) of each First Prize is $3.50. One (1) Grand Prize will be awarded at the end of the Contest Term. The Grand Prize will consist of one (1) Philips Hue lightbulb kit. ARV of the Grade Prize is $ ARV of all Prizes combined is $ Prizes are non-transferable. No substitutions or cash redemptions. In the case of unavailability of any prize, Sponsor reserves the right to substitute a prize of equal or greater value. All federal, state and local taxes and unspecified expenses are the responsibility of winners. 5. Notification. Potential First Prize Winners for the applicable Contest Period will be posted to the Site, and Sponsor s Facebook, Twitter, and LinkedIn pages on or about the following dates: August 8, August 15, 2014, August 22, 2014, and August 29, The Potential Grand Prize Winner will be posted to the Site, and Sponsor s Facebook, Twitter, and LinkedIn pages on or about August 29, Potential winners will be required to check the Site and Sponsor s Facebook, and Twitter pages to determine whether they have been selected as a potential winner. Potential winners will also be required to send Sponsor a private message through Facebook or Twitter with their contact information within two (2) days of the posting of the potential winners and to complete the Contact Form, provided by Sponsor, showing proof of identity, within two (2) calendar days of receipt. If a potential winner does not respond to Sponsor by sending Sponsor a private message through Facebook or Twitter with their contact information or does not complete the Contact Form within the required time frame, the prize will be forfeited and awarded to the next runner-up. Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Potential winners will be required to sign and return, where legal, an Affidavit of Eligibility, Liability/Publicity Release and/or rights transfer document within five (5) calendar days of prize notification. If any potential winner is considered a minor in his/her jurisdiction of residence, an Affidavit of Eligibility and/or Liability/Publicity must be signed by his/her parent or legal guardian. If a potential winner cannot be contacted or fails to complete and respond to the direct message within the required time period, if any prize or prize notification is returned as undeliverable, if any potential winner rejects his/her prize or in the event of noncompliance with these Contest rules and requirements, such prize will be forfeited and may be awarded to the entrant with the next highest score. Upon prize forfeiture, no compensation will be given. Page 3 of 5

4 6. Conditions. BY PARTICIPATING, ENTRANTS AND WINNERS AGREE TO RELEASE AND HOLD HARMLESS SPONSOR, FACEBOOK, TWITTER, LINKEDIN, AND THEIR ADVERTISING AND PROMOTION AGENCIES AND THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS AND DIRECTORS(THE RELEASED ENTITIES ), FROM ANY AND ALL LIABILITY, FOR LOSS, HARM, DAMAGE, INJURY, COST OR EXPENSE WHATSOEVER INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, PERSONAL INJURY AND/OR DEATH WHICH MAY OCCUR IN CONNECTION WITH, PREPARATION FOR, TRAVEL TO, OR PARTICIPATION IN CONTEST, OR POSSESSION, ACCEPTANCE AND/OR USE OR MISUSE OF PRIZE OR PARTICIPATION IN ANY CONTEST-RELATED ACTIVITY AND FOR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT OR ANY OTHER INTELLECTUAL PROPERTY-RELATED CAUSE OF ACTION. Entrants who do not comply with these Official Rules or attempt to interfere with this Contest in any way shall be disqualified. Sponsor is not responsible if Contest cannot take place or if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism. 7. GRANT OF RIGHTS. Participation in Contest and acceptance of a prize constitutes each winner s permission for Sponsor to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information, and/or any statements made by each winner regarding the Contest or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law, including, but not limited to the right to display their Entries on and on third party publications including without limitation: Facebook.com, Twitter.com, LinkedIn.com, and on partner websites/blogs for trade and promotional purposes. Winners hereby grant Sponsor a royalty free license, without geographic or time limitation, to display his or her Entry for promotional or trade related purposes in any and all media, without notice or additional compensation, except where prohibited by law. Entries may be cut, edited, reformatted, rearranged, combined with other materials and/or otherwise modified, in Sponsor s sole and absolute discretion. 8. Additional Terms. Any attempted form of entry other than as set forth above is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. Sponsor, its affiliates, partners and promotion and advertising agencies are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, website, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one s ability to enter the Contest, including any injury or damage to participant s or any other person s computer relating to or resulting from participating in this Contest or downloading any materials in this Contest. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Contest should (in Sponsor s sole determination) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Contest. In such case, Sponsor may terminate the Contest and select the winners from all eligible Entries received prior to such termination. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Contest or website. Sponsor may prohibit an entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Page 4 of 5

5 9. Disputes; Governing Law. 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 Northern District of California or the appropriate California State Court located in San Jose, California; (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 California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California. 10. Entrant s Personal Information. Information collected from entrants is subject to the Sponsor s Privacy Policy, available at By participating in the Contest, entrants hereby agree to Sponsor s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor s privacy policy. 11. Winners List. To receive a copy of the list of winners, please contact kristine.chuang@philips.com. 12. Sponsor. Philips Lumileds Lighting Company LLC, 370 West Trimble Road, San Jose, California, Page 5 of 5