2019 Name That Pod Contest - Official Rules

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. THIS IS A SKILL-BASED CONTEST. SPONSOR OBTAINS RIGHTS FROM ENTRANTS TO USE ANY AND ALL SUBMISSIONS SUBMITTED. PRIZE ACCEPTANCE AGREEMENT WILL BE REQUIRED. ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT. Sponsored by: GCI Outdoor, Inc. (“Sponsor”), 457 Killingworth Road, Higganum, CT 06441.  
  1. Eligibility. The GCI Outdoor Name That Pod Contest (the “Contest”) is open only to individuals (not groups) who are legal residents and physically located in one (1) of the fifty (50) United States or the District of Columbia, who are at least eighteen (18) years of age at the time of entry. Void where prohibited by law. By entering or participating in the Contest, entrants agree to be bound by these “Official Rules” and the decisions of the Submission Review Panel (defined below) and/or Sponsor, which are binding and final on matters relating to this Contest, including, without limitation, interpretation of the Official Rules.
 
  1. Entry Period. The Contest begins on August 5, 2019 and all entries must be received by the Sponsor on or before 11:59 p.m. Eastern Standard Time (EST) on August 8, 2019 (the “Entry Period”).
 
  1. How to Enter. To enter the Contest, during the Entry Period, follow the call to action provided on GCI Outdoor social media pages or in any advertising for the Contest. A link to a Google Form will be provided and need to be filled out for each submission. For this Contest, entrants will be required to submit to Sponsor an original name (each a “Submission”) for a new type of Pod Rocker (the “Product”). The Contest Website will contain a description of the Contest, including a description on how to submit an entry to the Contest. Each entrant will be asked to submit an official entry form, which may include, among other things, his/her full name, email address and related registration information as prompted. For purposes of this Contest, a “Submission” is a product name that follows the technical, creative, and legal requirements disclosed on the Contest Website and elsewhere in these Official Rules, including, without limitation, the Content Guidelines (defined below). Additional Submission guidelines posted by Sponsor on the Contest Website must be strictly followed or such entry will be subject to disqualification, in Sponsor’s sole and absolute discretion.
  Unlimited entries per person for the Contest. A Submission may, in Sponsor’s sole and absolute discretion, be rejected if it fails to follow the technical, creative, and legal requirements disclosed on the Contest Website and in these Official Rules. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified at Sponsor’s sole and absolute discretion.  
  1. Submission Content Guidelines. Submissions that do not meet the following “Content Guidelines” are subject to disqualification and/or removal from the Contest Website (if applicable), each at Sponsor’s sole and absolute discretion, so read and follow these Content Guidelines:
 
  • The Submission should be descriptive of the Product (e.g., evoke its character, contents, structure and/or colors).
 
  • The Submission should be creative, clever and memorable (e.g., easy and enjoyable to say).
 
  • All Submissions must be the original work of the entrant and not previously published. Submissions must not infringe on the copyright, trademark, privacy, publicity or other intellectual property rights of any person or entity. Thus, the name should not contain or be confusingly similar to any service or product names, brand name, service marks or trademarks you are aware of (We have to say it...)
 
  • Submissions must comply with these Official Rules and any Terms of Use posted on the Contest Website and meet all specifications or requirements called for on the Contest Website and other advertising for the Contest.
 
  • During the Entry Period, Submissions cannot be displayed or distributed except by us and you must maintain all rights, without third party obligations, to transfer your Submission to us if you are selected as the Winner.
 
  • Except for materials in the public domain, Submissions must include only materials created by the entrant, or for which entrant has all rights required to comply with these Official Rules, and Submissions must not infringe on the intellectual property rights of any other person or entity. Sponsor does not permit the infringement of others’ rights and any use of materials that infringe third party rights is grounds for disqualification from the Contest and may subject you to liability. Do not copy your favorite product name from a book, movie, or photo or include materials, images, graphics or trademarks belonging to any third parties or incorporate the name, likeness or persona of any party unless you have obtained all rights necessary to permit you to use same in connection with your Submission and grant the rights herein granted to Sponsor.
 
  • Submissions must not include material that: (a) is sexually explicit, indecent, obscene, violent, hateful, tortuous, defamatory, slanderous or libelous, (b) is derogatory or 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, (c) invades the privacy or publicity rights of any person, living or deceased, (d) is unlawful, (e) is harmful to other users of the Contest Website such as viruses, Trojan horses or other technologies that could adversely impact the Contest, and/or (f) is disparaging to Sponsor or is inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate (at Sponsor’s sole and absolute discretion).
 
  • Submissions should not reveal any personal information about another individual, including another person’s address, phone number, email address, credit card number or any information that may be used to track, contact or impersonate that individual.
 
  • Entrants must not submit a Submission that if selected cannot be assigned to Sponsor as contemplated below.
 
  1. Intellectual Property. Entrant, upon submission of his or her Submission to the Contest, irrevocably grants to Sponsor, and each of its licensees, successors and assigns, the non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit the Submission, and all images, text and materials included or depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised, throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, recreate, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine it with other material and otherwise use and exploit it without having to give any compensation or attribution to entrant or any third party, except for the awarding of the prize to the Winner in this Contest. Entrants agree that during the Entry Period, they shall not make, and shall not permit, any other public use, display or distribution of their Submission, and they shall maintain all rights without encumbrances so that, if Sponsor desires, entrants can assign all rights in and to Submissions if selected as the Winner. Sponsor, and each of its successors, assigns and licensees, will have the right to make unlimited derivative works of Submissions, to assign or transfer any or all of Sponsor’s granted rights and to grant unlimited, multiple-level sublicenses. Without limiting the forgoing, Sponsor will have the right to use the Submissions submitted as part of the Contest, and all images, text and materials included or depicted therein (if any), in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. Entrants hereby forever waive and relinquish all so-called “moral rights (droit moral)” now or hereafter recognized in connection with Submissions submitted as part of the Contest. Entrants acknowledge that as a condition of participating in the Contest and/or being selected as the Winner, Sponsor may request that the entrant’s Submission, and any rights therein, be assigned to Sponsor and entrants may be required to confirm such assignment by completing and submitting the Prize Acceptance Documents (defined below) (and any other documents reasonably required by Sponsor) or such entrant will otherwise be disqualified from receiving his/her prizes. Entrants must maintain the ability to assign all such rights to Sponsor free of any limitations, restrictions or third party obligations. Entrants agree that Sponsor shall have the sole discretion in determining the extent and manner of use of Submissions and are not obligated to use any Submission; provided, however, any Submission may be utilized by Sponsor as an actual product name that is sold and distributed to the public, and in such event, entrant’s only right shall be the receipt of the TBD Named Pod Rocker. Entrants agree that Sponsor, nor its agents, shall be responsible for return or preservation of the Submissions submitted.
  Each entrant acknowledges that Submissions are not being submitted in confidence or in trust to Sponsor and that no confidential or fiduciary relationship is intended or created. Each entrant acknowledges that Sponsor and other entrants may have created ideas and concepts contained in their Submissions that may have familiarities or similarities to his/her own Submission, and that he/she will not be entitled to any compensation or right to negotiate with the Contest Entities because of these familiarities or similarities or if the Submission was generic or included generic elements. Notwithstanding any custom and practice in the industry to pay an individual for an idea (if any), nothing herein shall create an implied or express contract to compensate entrants for their Submissions and there is no obligation for any Contest Entity to pay or otherwise compensate entrants for any of their ideas or materials in any communications with Sponsor, whatsoever. Submissions are not confidential and the Contest Entities’ only obligations to entrants regarding Submissions are as specifically set forth in these Official Rules. Sponsor reserves the right to request from entrant at any time proof that entrant maintains all necessary rights in their Submission in order to grant Sponsor the rights required herein in a form acceptable to Sponsor. Failure to provide such proof may lead to, among other things, the entrant being disqualified from the Contest.  
  1. Representations and Warranties. By entering the Contest, entrant represents and warrants that he or she has read, understands, agrees to and will follow the Official Rules. Entrant further represents and warrants that his or her Submission and all materials and matter therein: (a) (except for elements that are within the public domain or are provided by Sponsor for inclusion in Submissions) are wholly original with such entrant and are not a copy or imitation of any other material or entrant has all necessary rights to grant the Sponsor the rights granted hereunder and exercise such without obligation or liability to any third party; (b) will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third party liability or obligations; and (c) is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof. Entrant further represents and warrants that he or she has the right to agree to and fully perform consistent with these Official Rules and that he or she has complied and has obtained all permissions, licenses and consents that are necessary for the submission of the Submission and the use of the Submission and to verify compliance with the foregoing requirements. Entrant agrees to provide to Sponsor at Sponsor’s request copies of all such permissions, licenses and consents. Sponsor reserves the right, in its sole discretion, to disqualify and/or not to post on the Contest Website any Submission that Sponsor determines does not comply with these Official Rules, to make such changes to any Submission as are necessary to make it compliant, or to require the entrant to do so. Entrant further acknowledges and agrees that he/she has not previously granted, assigned or otherwise encumbered his/her Submission, or any images, text and materials depicted therein, to any other third party. Further, entrant represents and warrants that Sponsor’s use of any Submission, including any images, text and materials depicted therein, shall not violate an agreement to which such entrant has signed. Entrant agrees to indemnify and hold the Released Parties (defined below) harmless from and against any third party claims, to the extent arising out of or relating to any breach of any representation, warranty or covenant made by entrant in connection with his or her acceptance of these Official Rules or Contest activities.
 
  1. Determining the Winner. After the conclusion of the Entry Period, each Submission will be reviewed by a team of judges (the “Submission Review Panel”) assembled by Sponsor, who will review and judge all eligible Submissions based on the following judging criteria (collectively, the “Judging Criteria”):
 
  • 50%: Relevance: Is the Submission relevant to/descriptive or evoke the qualities and characteristics of the Product?
  • 25%: Creativity/Cleverness: How clever and creative is the Submission?
  • 25%: Memorable: Is this Submission something about which we can’t stop thinking?
  Based on the total score the Submission Review Panel assigns to each Submission using the Judging Criteria, one (1) winning Submission will ultimately be selected by the Submission Review Panel, which entry shall be considered the potential “Winner”, subject to confirmation that the potential Winner has met the eligibility requirements and complied with these Official Rules. In the event of a tie during the Winner selection process, the Sponsor will break the tie using the highest ranking submission in the “Creativity/Cleverness” category. If there still remains a tie, Sponsor will bring in a tie breaking judge to apply the same Public Voting Criteria to determine the Winner. The decisions of the Sponsor and the Submission Review Panel are final and binding in all matters relating to this Contest, including interpretation and application of these Official Rules. The Winner understands and agrees that Sponsor shall have the sole and absolute discretion in determining the extent and manner of use of the winning Submission and is not obligated to use the winning Submission on any product or service. Sponsor’s sole obligation under these Official Rules shall be to award the prize to the Winner.   In addition, Sponsor reserves the right, in its sole and absolute discretion, to declare any Submission submitted as a “winner” of the Contest and utilize any Submission as a name of a product that is sold and distributed to the public. In event that Sponsor utilizes a Submission in such a manner, entrant’s sole and exclusive right shall be limited to receipt from Sponsor of a (yet to be named) Pod Rocker™. In the unlikely event more than one (1) individual submits the same Winning Submission, the first person to do so will be entitled to receive the prize described in Section 9 below.  
  1. Winner Notification. The potential Winner will be notified by email and/or other method (as selected by Sponsor) on or before August 13, 2019, unless extended by Sponsor. The Sponsor is not responsible for false, incorrect, changed, incomplete or illegible contact information. Notification is deemed to have occurred immediately upon sending of an email or other electronic message. If Sponsor is unable to contact a potential Winner or a potential Winner is not in compliance with these Official Rules, the prizes will be forfeited and, at Sponsor’s discretion, an alternate winner selected.
  If the potential Winner is found to be ineligible, or if he or she has not complied with these Official Rules, or declines a prize for any reason prior to award, such potential Winner may be disqualified and an alternate potential winner may be selected. The Sponsor is not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential Winner.  
  1. Prize. The prize to be awarded in this Contest is: One (1) Pod Rocker that will be officially named in this contest. Prizes are non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide the Winner with his/her prize, the Sponsor may elect, to provide Winner with the approximate value of such item in store credit or award an alternate prize of comparable or greater value. In the event the Winner engages in behavior that (as determined by Sponsor or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the right to receive a prize. Prize Winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether they, in whole or in part, are used. Prizes will only be mailed to each verified winner’s physical mailing address (no P.O. Boxes) in one (1) of the fifty (50) United States or the District of Columbia, except in Sponsor’s sole and absolute discretion.
   
  1. Release. By participating in the Contest, entrant agrees to release, discharge, indemnify and hold harmless the Contest Entities, and each of their respective directors, officers, employees, agents, successors and assigns (“Released Parties”) from and against any and all claims, liability, costs (including attorneys’ fees), losses, damages, fines or injuries (up to and including bodily injury and death) of any kind arising out of or related to: (i) entrants’ participation in the Contest (including travel to/from any Contest activity); (ii) any acceptance, possession, misuse or use of any prize (including, without limitation, losses, damages or injuries to entrant’s or any other person’s equipment or other property, or to their persons, including those arising from any travel to/from any prize event or activity); (iii) the Released Parties’ violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; and (iv) any typographical, human or other error in the printing, offering, selection, operation or announcement of any Contest activity and/or prize. Without limiting the generality of the foregoing, entrant agrees that Released Parties: (a) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Contest and/or with respect to prizes, including, without limitation, to any prize’s quality or fitness for a particular purpose; (b) maintain no control over the personnel, equipment or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, manufacturer or other person or entity furnishing services, products or accommodations (“Suppliers”) as a part of the prizes provided in connection with the Contest; and (c) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (i) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (ii) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or otherwise used by any of those Suppliers, (iii) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties, and (iv) by any cause, condition or event whatsoever beyond the control of the Released Parties. Entrant further agrees to indemnify and hold harmless Released Parties 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 Released Parties. Sponsor is not responsible for the actions of entrants in connection with the Contest, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest.
 
  1. Publicity Release. Subject to applicable law, Winner irrevocably grants the Contest Entities the right and permission to use his/her name and Submission for advertising, promotional and/or publicity purposes in connection with the Contest, in all forms of media and by any and all means and media (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration except for the awarding of the prize to the Winner.
 
  1. Suspension / Modification / Termination. In the event Sponsor is prevented from continuing with the Contest by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Contest by any party, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence) Sponsor shall have the right to modify, suspend or terminate the Contest. Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Contest should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Contest; or (b) to disqualify any entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Contest; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner.
 
  1. No Obligation to Use. Sponsor shall have no obligation (express or implied) to use any or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the Submission for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof.
 
  1. Information Submitted. As a condition of entering, each entrant consents to the collection/use/sharing of entrant’s personal information by/with Contest Entities for purposes of administering the Promotion and to comply with applicable laws/regs./rules. Any information entrant provides to Sponsor may be used to communicate with entrant in relation to this Contest or on a Contest Winner’s list.