Official Rules – Zippo Manufacturing Company’s Design a Voodoo Festival Lighter Contest

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE OR PAYMENT WILL NOT INCREASE OR IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / IRS FORM W-9/ PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED. BY ENTERING THIS CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE CONTEST ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. ENTRY IN THIS CONTEST CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES.

The Zippo Design a Voodoo Festival Lighter Contest (the “Contest”) is designed to encourage eligible U.S. residents (“Entrant(s)” or “You(r)”) to use their creativity to create their own customized Voodoo Festival Zippo lighter.  Judges will choose the winning entries, and prizes will be awarded in accordance with these Official Rules (the “Rules”).

1. BINDING AGREEMENT: In order to enter the Contest, You must agree to the Rules. Therefore, please read these Rules prior to entry to ensure You understand and agree. You agree that submission of an entry in the Contest constitutes agreement to these Rules. You may not submit an entry to the Contest and are not eligible to receive the prizes described in these Rules unless You agree to these Rules. These Rules form a binding legal agreement between You and Zippo Manufacturing Company with respect to the Contest.

2. ELIGIBILITY: To be eligible to enter the Contest, You must: (a) be a U.S. citizen or legal permanent resident (i.e. must be able to show proof of legal permanent residence); and (b) be 18 years of age or older. The Contest, and any website pages and advertisements relating thereto, is intended for viewing only within the United States and the District of Columbia, and entrants must be present in the United States or the District of Columbia at the time they enter. Zippo, its advertising and promotion agencies and retailers, together with their respective parents, subsidiaries and affiliates (collectively, the “Contest Entities”), and the directors, employees and officers of all of the aforesaid organizations, along with all such persons’ immediate family members (regardless of where they live) and household members (whether or not related) are not eligible to enter or win. By entering the Contest, You (or Your parent/legal guardian if You are a minor in Your jurisdiction of primary residence, on their and Your behalf) agree to be bound by these Rules.

3. SPONSOR: The Contest is sponsored by Zippo Manufacturing Company (“Zippo” or “Sponsor”), a Pennsylvania company with a principal place of business at 33 Barbour Street, Bradford, PA, 16701, USA.

4. CONTEST PERIOD: The Contest begins on September 3, 2014 11am Eastern Time (ET) Zone in the United States and ends on September 26, 2014, 11:59 AM Eastern Time (ET) Zone (“Contest Period”). All dates and times in these Rules are subject to change by Sponsor.

5. HOW TO ENTER: NO PURCHASE NECESSARY TO ENTER OR WIN.. Contest can only be entered online as described below. There is one (1) method of entry for this Contest. During the Contest Period, go to facebook.com/zippoencore (“Website”) and follow the links and instructions for online entry. Completely fill out the online entry form and submit it in accordance with the on-screen instructions. All online entries must be received by Sponsors during the Contest Period. Multiple entries are permitted in this Contest. In the event of a dispute as to the identity of an online entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. The potential winner may be required to show proof of being the authorized account holder. The “authorized account holder” is the natural person assigned to an email address by an Internet service provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address. All entries will be deemed to have been made by the authorized account holder of the submitted email address. Submitting mass entries or entries generated by a script, macro or use of automated devices is prohibited and will result in disqualification. No submissions will be returned. Proof of online submission or mailing will not be deemed to be proof of receipt of entry by Sponsors.

6. ZIPPO REQUIREMENTS. The artwork submitted to Zippo for the Contest must meet the following criteria (“Zippo Requirements”):

(a) They must not be derogatory, offensive, threatening, defamatory, disparaging, libelous or contain any content that is inappropriate, indecent, sexual, profane, tortuous, slanderous, discriminatory in any way, or that promotes hatred or harm against any group or person, or otherwise does not comply with the theme and spirit of the Contest, as determined solely by the Sponsor.

(b) They must not contain content, material or any element that is unlawful, or otherwise in violation of or contrary to any applicable federal, state, or local laws or regulations including the laws or regulations in any state or other jurisdiction where the artwork is created.

(c) They must not contain any content, material or element that displays any third party advertising, slogan, logo, trademark or otherwise indicates a sponsorship or endorsement by a third party, commercial entity or that is not within the spirit of the Contest, as determined by Sponsor, in its sole discretion.

(d) They must be original, unpublished works that do not contain, incorporate or otherwise use any content, material or element that is owned by a third party or entity.

(e) They cannot contain any content, element, or material that violates a third party’s publicity, privacy or intellectual property rights.

(f) The artwork is not the subject of any actual or threatened litigation or claim.

(g) The Entrant does not include any disparaging remarks relating to the Sponsor or a third party.

The Sponsor reserves the right, in its sole discretion, to disqualify any Entrant who submits a piece of artwork that does not meet the Zippo Requirements. Incomplete entries or entries not complying with these Rules are subject to disqualification.

Any costs in connection with the creation and submission of an Entry shall be borne solely by the entrant

7. Intellectual property Rights. All entries and artwork become the sole property of the Sponsors. As a condition of participating in the Contest, You agree that no confidential or fiduciary relationship is established by submitting an Entry to Sponsors. Submission of an Entry further constitutes Your irrevocabe assignment and transfer to Sponsor of any and all rights, title and interest in the Entry and artwork including, without limitation, all copyrights, patent rights, trade secret rights, trademark rights (and rights to goodwill appurtenant thereto), trade dress rights, merchandising rights, moral rights and all other intellectual property rights therein. By submitting an Entry, entrants grant to Sponsors and their agents the right to modify, adapt, sell, publish and/or use or not use the Entry and artwork in any way, in whole or in part in any and all media now known or later developed, including on Sponsors’ website(s) or their newsletter, without geographic limitation or additional compensation, except where prohibited by law.

8. JUDGING: Each piece of artwork that complies with the following: (i) artist artwork is original; (ii) the Entry Form is fully completed; (iii) adherence to the Zippo Requirements and these Rules, will be voted on by Sponsor .

9. PRIZING:

One (1) Grand Prize winner and one (1) second prize winner (the “Winners”) will be selected by Sponsors, whose decisions are final, on or about September 27, 2014 from among all eligible entries submitted and received.

The Winners will be notified by telephone and/or email (Sponsor reserves the right to determine notification method). Each Winner must claim his/her prize within five (5) business days of prize notification or an alternate winner will be selected. The Winners will be required to complete, execute and return an Affidavit of Eligibility, Liability Release, and where permitted, a Publicity Release. . In addition, any person winning at least $600.00 in total prizes will receive a 1099 form from Sponsor at the end of the calendar year and a copy of such form should be filed with the IRS. Accordingly, the winner must provide Sponsor with valid identification, and a valid taxpayer identification number or social security number for total prizes valued at $600.00 or more, before the prize will be awarded. Sponsor shall have the right, but not the obligation, to require the winner to complete and submit an IRS form W-9. Failure to return these documents as specified therein will result in disqualification of the applicable winner(s). If prize notification is unsuccessful or a prize is returned as undeliverable, that Winner will be disqualified. The age of majority varies by jurisdiction. If applicable, a prize won by a minor may be awarded in the name of the minor’s parent/legal guardian, or in the name of their parent/legal guardian on their behalf, or forfeited as determined solely and finally by Sponsors. Sponsors reserves the right to ship prizes directly to the mailing addresses provided by the Winners at the time of the Contest entry. The Winners may be required to show proof of legal U.S. residency and identification at the request of Sponsor for verification. If a Winner is disqualified, deemed to be ineligible or cannot accept a prize as stated pursuant to these Rules for any reason, prize will be deemed forfeited and an alternate winner will be selected from the remaining eligible entries based on the same criteria.

 

10. PRIZE/ODDS:

The Grand Prize Winner will receive one (1) prize that consists solely of: two (2) VIP Tickets to the 2014 Voodoo Festival in New Orleans, LA (no transportation/lodging etc. is provided) and their own custom designed imprinted on a Zippo lighter. Grand Prize ARV: $1030.00. The second prize winner will receive two (2) General Admission tickets to the Voodoo Festival in New Orleans, LA (no transportation/lodging etc. is provided). Second Prize ARV: $300. The aggregate approximate retail value (“ARV”) of all prizes to be awarded in this Sweepstakes is one thousand three hundred and thirty dollars ($1330.00). The ARV of the prize is based on available information provided to Sponsors. The Winner is responsible for any and all taxes that may become payable by the Winner based on the approximate retail value of the Winner’s prize.   Any and all costs, taxes, expenses and/or terms not specifically described as part of the prize are the sole responsibility of the Winner. Odds of winning depend on the number of eligible entries received. ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).

 

  1. USE OF PERSONAL INFORMATION: By entering the Contest, Entrants may be sharing their personal information with Sponsor. Personal information collected by Sponsor will be used for administration of the Contest and awarding the prizes. In addition, Entrants agree to Sponsor’s use of Entrant’s personal information as described in its privacy policy at http://www.zippo.com/privacy.aspx. Please refer to Sponsor’s privacy policy for important information regarding the collection, use and disclosure of personal information by Sponsor. By entering this Contest the Entrants give their consents to the Sponsor to process their personal data as described in the Rules. Sponsor is not responsible for disclosures made by any third party. All entries become the property of Sponsor upon receipt and will not be acknowledged or returned.

 

  1. GENERAL CONDITIONS: By participating in this Contest, You agree to forever release, discharge, and hold harmless the Contest Entities, as well as Facebook and the owners, operators and sponsors of the Voodoo Music and Arts Experience from and against any liability whatsoever for any and all claims, costs, losses, or damages of any kind (including, without limitation, those related to personal injury, death, damage to property, infringement of proprietary rights, rights of publicity, privacy or defamation) arising out of or in connection with Your or any third party’s participation in the Contest and/or Contest-related activity including, but not limited to award, acceptance, use or misuse of any Contest prize. You further agree to indemnify and hold harmless the Contest Entities, as well as Facebook and the owners, operators and sponsors of the Voodoo Music and Arts Experience from and against any and all liability resulting or arising from the Contest and to release all rights to bring any claim, action or proceeding against Contest EntitiesFacebook and/or the owners, operators or sponsors of the Voodoo Music and Arts Festival. By accepting the prize, each winner grants to Sponsor the right to use and publish his/her name, biographical information, portrait, picture, voice and likeness for trade, advertising and promotional purposes in any and all known media, in perpetuity, solely in connection with the Zippo Customize It Contest program and the Zippo Encore program, all without further compensation, notification, review or approval, except where prohibited by law. No Prize may be transferred, redeemed for cash, or substituted, except that Sponsor may substitute any prize with a prize of comparable value should a stated prize become unavailable. You hereby acknowledge and agree that the Contest Entities, Facebook and the owners, operators and sponsors of the Voodoo Music and Arts Experience have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a supplier that may be sent along with a prize.If, for reasons beyond Sponsor’s control (including, but not limited to, tampering, false or fraudulent entries or computer virus infection), the Contest is not able to run as planned, Sponsor, at its sole and absolute discretion, reserves the right to cancel or modify the Contest, without notice or liability. In such event, Sponsor reserves the right in its sole discretion to award the prize(s) at random from among eligible, non-suspect entries received up to the time of suspected impairment. Sponsor reserves the right to disqualify any individual it finds to have tampered with the entry process or the operation of the Contest or Website or to be acting in violation of these Rules or the law, and reserves the right to seek prosecution of such individual to the full extent of the law.

 

  1. SPONSOR IS NOT RESPONSIBLE FOR: (a) incorrect or inaccurate transcription of entry information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete, misdirected or entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server, service provider, network, hardware or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the entry process of this Contest; (e) printing, typographical, electronic or human errors which may occur in the offer or administration of this Contest or the processing of entries; or (f) any injury or damage to persons or property, including but not limited to Entrant’s computer, which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in this Contest, or from viewing, playing or downloading any material from Sponsor’s website, regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to Sponsor’s website by a hypertext link.

 

  1. GOVERNING LAW/LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of the Rules or the rights and obligations of Entrants, Sponsor or the Contest Entities in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of Pennsylvania, without giving effect to any conflict of law rules or provisions that would cause the application of any other laws.BY ENTERING THE CONTEST, 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 CONTEST, 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 FIFTY DOLLARS ($50.00), 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, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED FIFTY DOLLARS ($50.00), 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.

 

  1. DISPUTE RESOLUTION: The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts of McKean County or any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Contest shall be resolved solely by binding arbitration before a sole arbitrator under the Streamlined Arbitration Rules of JAMS, Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Chicago, IL, New York City, NY, Los Angeles, CA, Atlanta, GA or Dallas, TX (whichever is closest to Entrant’s residence); provided, however, that if none of those locations are convenient for the hearing, the parties may mutually agree on an alternative location. The federal or state law that applies to these Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in or for McKean County, Pennsylvania. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of Entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.

 

  1. WINNERS LIST: For a list of winners, mail a self-addressed stamped envelope to: Zippo Contest c/o Event Marketing, 33 Barbour St., Bradford, PA16701.

 

  1. MISCELLANEOUS: The invalidity or unenforceability of any provision of these Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision was not contained herein. Sponsor’s failure to enforce any term of the Rules will not constitute a waiver of that provision. When terms such as “may” are used in the Rules, Sponsor has sole and absolute discretion. Entrants agree to waive any rights to claim ambiguity of the Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the Rules or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials, privacy policy or terms of use on the Website and/or the terms and conditions of the Rules, the Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.

 

  1. SPONSOR: Zippo Manufacturing Company, 33 Barbour Street, Bradford, PA 16701.

Zippo and its parents, affiliates, and subsidiaries are not responsible for the promotion, administration, or execution of this Contest. The Contest is not sponsored, endorsed, administered by or otherwise associated with Facebook, or the owners, operators or sponsors of the Voodoo Music and Arts Experience.