Absolut Elyx ‘Love Playfully’ Photo Contest
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. THE FOLLOWING CONTEST IS VALID ONLY IN THE FIFTY (50) UNITED STATES AND DISTRICT OF COLUMBIA (D.C.), AND IS OPEN ONLY TO QUALIFIED PERSONS (AS DEFINED IN THE OFFICIAL RULES (“OFFICIAL RULES”) BELOW). VOID ELSEWHERE AND WHERE PROHIBITED. DO NOT PARTICIPATE IN THE CONTEST IF YOU DO NOT FALL WITHIN THE ELIGIBILITY REQUIREMENTS AS SET FORTH BELOW.
CONTEST NAME: Absolut Elyx ‘Love Playfully’ Photo Contest (the “Contest”).
CONTEST DATES:Contest registration and photo submission period begins at 12:00:00 am Eastern Time (ET) on January 28, 2019and ends at 11:59:59 pm (ET) on February 17, 2019 (the “Registration Period”). Contest is subject to all applicable federal, state and local laws and regulations. Void outside the (50) U.S. and D.C.,and wherever prohibited or restricted by law.
ELIGIBILITY – WHO MAY ENTER: Each individual entering the Contest (each, an “Entrant”), at the time of entry: (a) must be a legal resident of the (50) U.S. or D.C.; (b)must be 21 years or older; (c) must have a valid U.S. driver’s license or government issued photo identification; (d) must have access to the internet in order to enter and upload a photograph submission of Entrant’s own creation (“Photo Entry”) for the Contest; (e) may not be, or at any time since January 1, 2019, have been, an employee, officer, director, member, shareholder, or agent of Million Dollar Media, LLC(the “Contest Administrator”), Pernod Ricard USA, LLC (the “Sponsor”), or any of their respective franchisees, parents, affiliated companies, suppliers, distributors and retailers of alcohol-beverage products subsidiaries, printers, advertising and promotion agencies, and any and all other companies associated with the design or execution of this Contest (collectively, “Released Parties”); (f) may not be an immediate family member or household member of any individual identified in item (e) above. “Immediate family members” includes, for purposes of this Contest, parents (including in-laws), step-parents, grandparents, siblings (including step-siblings), half-siblings, children (including step-children), grand children (including step grandchildren) and each of their respective spouses and/or domestic partners, regardless of where they reside. “Household members” means people who share the same residence at least three (3) months per year.
How to Enter – Two Ways: Create an original photo that shows the meaning of #LovePlayfully to you. After creating your photo, post your photo to enter the Contest during the Registration and Photo Submission Period in either of two ways:
All Photo submission and entries must be submitted by 11:59:59p ET on 2/17/19to be eligible. Maximum of one entry per person per day, regardless of method of entry. Each entry requires a unique photo that has not previously been entered in the Contest. Each participant must submit an entry on his/her own behalf. Any entry submitted on behalf of another individual or using another person’s name, email address, Instagram or Twitter account or photo, or providing any false email addresses or information, will be disqualified and ineligible to claim any prize. Any attempt by any participant to obtain more than the stated number of entries allowed by using same, multiple/different emails, identities, or any other methods void that participant’s entries and that participant may be disqualified. No mechanically produced or automated entries permitted. Use of any automated system to participate is prohibited and will result in disqualification and all such entries will be deemed void. False and/or deceptive entries or acts, including misrepresentation of age, shall render such entries ineligible.
All Photo Entries in the Contest become the sole property of Sponsor and will not be returned. Each Entrant agrees that their submitted Photo Entry may be viewed by the public. Sponsor reserves the right to disqualify and remove any Photo Entry at any time that is not in compliance with these Official Rules. All Photo Entries must conform to the photo submission requirements as outlined above and below, or it may be disqualified and not considered for the Contest.
Any other individuals included in the Photo Entry, must be 21 or older and must provide Entrant with express consent and permission for their images to be included and submitted in the Contest, and such Entrant is solely responsible for obtaining all authorizations or approvals. The individual who submitted the Photo Entry shall be designated as the official Entrant participating in the Contest, regardless of any other individuals included in the Photo Entry, and shall be the only individual eligible for any resulting prize award (see below). Any Photo Entry completed and submitted on behalf of another individual or using another person’s name, email address, Instagram account, or use of any unauthorized photo submissions will be disqualified.
All entries must include all required information. Any entry or photo submission with incorrect, incomplete or illegible information, an invalid email address or other inaccurate information will be disqualified. Released Parties are not responsible for lost, late, misdirected, incorrect, illegible, incomplete, invalid, unintelligible, or damaged entries, or for entries submitted in a manner that is not expressly allowed under these Official Rules, or for any entry not submitted or received due to any technical error or failure, human error, unauthorized human intervention, inaccurate capture or mis-entry of any required information, failures, omissions, interruptions, deletions, or defects of any phone or cellular phone provider, network computer online systems, computer equipment, servers, or software, including any injury or damage to contestant’s or any other person’s computer relating to or resulting from participation in this Contest; or the failure to capture any such information or effects of hackers or failure of any electronic equipment, computer, phone line or cellular transmissions and/or network connections; all of which will be disqualified.
In the event of a dispute as to any entry, registration or photo submission, the authorized account holder of the Instagram or Twitter account used to register or submit the photo, and associated with the entry will be deemed to be the registrant and s/he must be eligible according to these Official Rules. The “authorized account holder” is the Instagram or Twitter account holder of the account name used to post the photo. Proof of being the authorized account holder may be required.
By participating and submitting an entry, contestant agrees that Sponsor and participating parties are authorized to contact entrant via email, mail, phone, Instagram or Twitter message or any other form of media to make contestant aware of information pertinent to the Contest, and to distribute information regarding the Sponsor(s) featured products, special events or promotional offers. Contestants may opt-out of any further email communication at any time by simply replying REMOVE to any email message, or following the provided opt-out instructions.Any available opt-in opportunities are not required to enter the Contest, and checking the opt-in boxes will not improve your chances of winning.
General Photo Submission Requirements:
- Each photo must be submitted in a format as accepted by Instagram or Twitter;
- Must be the Entrant’s own original artwork creation;
- Any photo that is not properly submitted or received for any reason, including any technical difficulties, upload failures; failures to save or properly store the photo; busy signals, efforts of hackers; or any lost or disconnected internet connections, will be disqualified.
Additional Photo Submission Requirements: Sponsor reserves the right in its sole discretion, to disqualify any photo submission for any reason that it considers to not be appropriate for the Contest. Photo restrictions include, but are not limited to, the following requirements:
- may not depict an image of any individual under the age of 21, or that appears to be under the age of 21;
- not be, or ever have been, submitted in any competition or contest of any kind;
- not use any name, likeness, photograph, or any other identifying element, in whole or in part, of any person, living or dead, without permission;
- not be subject to any third party agreement or require payment or incurrence of any sums to obtain further permissions of any person or entity as a result of its use or exploitation of the idea or rights therein or portions, or modified versions or derivative works thereof;
- except as relates to the sponsoring brands or approved partners, not include trademarks, logos, or copyrighted material not owned by Entrant or material that is used without permission (including but not limited to company names, photographs, works of art, or images published on any media) or that otherwise infringes or violates the rights of any third party (including but not limited to, copyrights, trademarks, patents, trade secrets, logos, contract and licensing rights, rights of publicity or privacy, moral rights (i.e., “droit morale”), or any other intellectual property rights);
- not feature, refer to, or mention any companies or brands in competition with Sponsor;
- not include any unauthorized photos or plagiarism of any kind;
- not contain nudity, inappropriate, indecent, sexually explicit, pornographic, or obscene content or images (which shall be determined by Sponsor, in its sole and absolute discretion);
- not contain any political or politically themed or motivated messages, statements, or images;
- not defame, slander, libel, misrepresent, or contain disparaging remarks or any other content that could adversely affect the name, reputation, or goodwill of Sponsor or any other individuals and/or entities affiliated or associated with Sponsor, the Contest, or any prizes, the determination of which shall remain in the sole discretion of Sponsor;
- not depict or include images that may be considered unlawful, harmful, threatening, violent, abusive, harassing, tortuous, defamatory, vulgar, libelous, invasive of another’s privacy, hateful, or racially, religiously, ethnically or otherwise objectionable in any manner as solely determined by Sponsor;
- not depict over consumption or irresponsible consumption of Jameson.
- must comply with the DISCUS Code of Responsible Practices and the Pernod Ricard Code for Commercial Communication.
Representation and Release of Rights to Photo Submissions: By submitting any photo, each Contestants represents that s/he has sole and exclusive ownership and proprietary rights of all photo images submitted; has full permission of all parties within photo to publish and release their images and actions shown within the photo; and agrees that each photo becomes the sole and exclusive property of Sponsor, and Sponsor may publish, display, promote, or utilize photo in any manner of its choosing in relation to the promotion or advertising of the Contest or Sponsor. Entry into the Contest and upload of any photo, constitutes permission for the Sponsor and its designees to use that Contestant’s photo, name, city and state of residence and/or likeness for purposes of advertising and trade in any and all media now or hereafter known worldwide in perpetuity without limitation or further compensation, notification or permission, unless prohibited by law. Photo submissions will not be acknowledged or returned by Sponsor.
Sponsor reserves the right to request from any Entrant at any time proof, in a form acceptable to Sponsor, of any permission required or possibly required to use such Entrant’s Photo Entry. Failure to provide such proof, if requested, may disqualify such Photo Entry from the Contest.
Sponsor reserves the right, in its sole discretion, to disqualify any individual (and all of his or her entries) who tampers or attempts to tamper with or abuse the entry process or the Contest website in any way or who is otherwise in violation of these Official Rules, as determined by Sponsor or the Contest judges appointed by Sponsor in their sole discretion. Any questions regarding the number of entries submitted or the authorized account holder shall be determined by Sponsor in its sole discretion. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY CONTEST WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.Judging of Photo Submissions – Determination of Prize Winners (maximum of three grand prize winners): On or about 2/18/19,a panel of judges as solely determined and appointed by Sponsor/Contest Administrator shall review, select and designate a maximum of three (3) grand prize winning photo submissions from among all eligible photo submissions received (see judging criteria below).
Each eligible entrant who submitted a selected photo submission shall be designated as a potential winner, subject to verification of eligibility, and compliance with these Official Rules. Only the contestants whose photo submissions are selected by the judges shall be eligible to claim the grand prize award. If an insufficient number of eligible entries are received, then the associated prize shall not be awarded.
Photo submissions shall be judged by a Sponsor/Administrator-appointed panel of judgespursuant to the following guidelines, requirements and criteria in the determination of the winning photo submission(s):
- Photo that is deemed to best depict the meaning of ‘Love Playfully’ (25% of score);
- Photos that demonstrate creativity, fun, originality, humor and/or other inspiration (25% of score);
- Photo that best represents the Sponsor’s brand image and Sponsor’s product in a positive manner (25% of score);
- Overall quality of the submitted photo (25% of score);
Winner Notification: Each potential prize winner will be notified initially via post to the entrant’s Instagram or Twitter account. If the Administrator is unsuccessful in its attempt to reach and speak directly with a potential prize winner by phone and/or email within 48-hours of the initial notification attempt to the phone number and/or email address, Instagram or Twitter account associated with that contestant’s entry, then that contestant may be disqualified and an alternate potential prize winner may be randomly selected from among the remaining eligible entries and notified as per the procedures outlined above (time permitting). Note: phone messages will not be left during the winner notification process.
During prize winner notification, the selected potential prize winner must confirm their eligibility, and indicate their willingness and ability to accept the designated prize. The potential prize winner will then receive official notification via email delivery. If a selected winner does not meet the eligibility requirements, is unable or unwilling to accept the prize or elects to decline the prize, s/he will be disqualified and, at Sponsor’s discretion and time permitting, an alternate winner will be randomly selected from among all remaining eligible entries and notified as per the procedures outlined above. Any disqualified contestant will not receive any alternate prize substitution or compensation. Decisions of the Administrator in the selection and determination of the prize winners and all matters relating to this Contest are final and binding.
Each winner may be required to: 1) complete and return, within 3-daysof date of receipt, a prize acceptance form, an affidavit of eligibility, a liability/publicity release (where permitted) signed by the winner; 2) present a copy of a valid driver’s license and/or government issued identification as a condition of receiving any prize; and 3) will must complete and return a W-9 Form and will be issued a 1099 tax form, and shall be solely responsible for paying all applicable taxes (including, but not limited to all local, state and federal taxes) on all prizes or prize elements awarded. Failure to collect or properly claim any prize in accordance with these Official Rules will result in forfeiture of the prize. If forfeited for any reason, the winner will not receive any other prize substitution or compensation, and the prize will remain the property of Sponsor and will not be awarded, except as provided herein.
Grand Prize Award:Each grand prize award winner shall be awarded the following grand prize: two (2) Absolut Elyx Copper Flamingos, with an approximate retail value (ARV) of $798 per grand prize award.
Total ARV of all available grand prize awards: $2,394 USD. All merchandise items are awarded ‘as is’ without warranty, express or implied. Prize delivery will be shipped to the winner address as provided during winner notification, via U.S. Postal Service or other carrier shipping method, or as otherwise specified by Sponsor. Sponsor is not responsible for receipt of delivery, and prize shall be considered delivered at the time of shipment. All income, federal, state and local taxes are the winner’s sole responsibility. All prize awards are non-transferable and no cash redemption or prize substitution allowed, except at Sponsor’s sole discretion or as provided herein. Sponsor reserves the right to substitute a prize with one of comparable or greater value, at its sole discretion. Failure to collect or properly claim prize in accordance with these rules will result in forfeiture of the prize. All properly claimed prizes will be awarded. Any unclaimed prizes will not be awarded.
Additional Rules & Restrictions: By participating, entrants agree to abide by and be bound by the Official Rules and the decisions of the Sponsor and Administrator, which shall be final in all matters relating to this Contest. In the event an entrant wins a prize, and is later found to be in violation of these rules he/she will be required to forfeit the prize or to reimburse Sponsor for the stated value of the prize if such violation is discovered after winner has used the prize. Participation in Contest constitutes permission for the Sponsor and its designees to use entrants’ names, cities and states of residence and/or likenesses for purposes of advertising and trade in any and all media now or hereafter known worldwide on perpetuity without limitation or further compensation, notification or permission, unless prohibited by law. False, fraudulent or deceptive entries or acts shall render entrants ineligible for any prize.
By participating, entrants agree to hold all Released Parties harmless from any claims, losses, actions, or damages of any kind, whether actual, incidental or consequential, for injury (including but not limited to death), damages, losses or expenses arising out of or relating to entrant’s participation in this Contest, or the acceptance, possession or use/misuse of any prize, or participation in prize-related activities (including but not limited to travel or activity related thereto), and to assume all liability therefor.
Released Parties shall not be liable to winner or any other person for failure to supply the prize or any part thereof by reason of any acts of God, any actions, regulations, orders, or requests by any governmental entity, equipment failure, terrorist acts, war, fire, unusually severe weather, embargo, labor dispute or strike, labor or material shortage, transportation interruption of any kind, or any other cause beyond Released Parties’ sole control.
Participants are restricted to use of ordinary and typical computer equipment, mobile phone equipment, Internet access and cellular networks. Sponsor disclaims all liability for the inability of a participant to complete or continue an entry due to equipment malfunction, busy lines, inadvertent disconnections, acts beyond the Sponsor’s control, or otherwise. The Sponsor disclaims any liability for entries not received due to technical difficulties or transmission errors. The Sponsor disclaims all liability for any delays, mis-delivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method. Released Parties are not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online entrant’s ability to participate in the Contest, and any injury or damage to entrant’s or any other person’s computer or mobile phone related to or resulting from participating in or downloading any information necessary to participate in the Contest. Released Parties are not responsible for any other errors of any kind, whether computer, technical, typographical, printing, human or otherwise, relating to or in connection with the Contest, including, without limitations, errors which may occur in connection with the printing or advertising of this Contest, administration or execution of the Contest, the cancellation of the game, the processing of entries or in the announcement of the prizes or prize winners. Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the Contest.
Sponsor reserves the right to cancel, modify or terminate the Contest for reasons including, but not limited to fraud, misconduct, regulatory, or technical failures destroy or threaten the integrity of this portion of the Contest, in the opinion of the Sponsor/Administrator, or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper conduct of the Contest as determined by Sponsor/Administrator, in their sole discretion. In the event of early termination of the Contest, Sponsor reserves the right to determine prize winners from among all eligible, non-suspect entries received as of the time/date of such termination.
In addition, by submitting any Photo Entry, each Entrant transfers any and all of his/herright, title and interest in and to such Photo Entry, including but not limited to any and all copyrights, trademark rights, “moral rights” and any and all other proprietary rights that may exist, throughout the world, to Sponsor and expressly waives any rights s/he may have in such submission and/or Photo Entry. Each Entrant agreesSponsoris the exclusive owner of all rights in and to such Photo Entry and/or submission, and will have the worldwide, perpetual right to copy, display, reproduce, exhibit, edit, modify, assign, license, register for copyright or trademark, distribute, sell or otherwise use and exploit the photo submissionand all elements and/or derivative works thereof, in whole or in part, alone or with other materials, in any media now known or hereafter created or devised, for any reason whatsoever, without compensation to Entrant.
IN CASE OF DISPUTES:By participating, each entrant agrees that (1) any and all disputes, claims, and causes of action arising out of or in connection with this Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state court within the State of New Jersey; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, and in no event will entrant be entitled to received attorneys’ fees or other legal costs; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with this Promotion, shall be governed by, and construed in accordance with the laws of the State of New Jersey, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of New Jersey or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of New Jersey.
Odds: Odds of being selected as a prize winner are dependent upon the total number of eligible entries received from all entry methods combined.
Official Rules & Winners List: For a copy of these Official Rules, or name of prize winner, send a self-addressed stamped envelope to be received by 3/31/2019 to: Absolut Elyx Love Playfully Photo Contest, c/o Million Dollar Media, P.O. Box 278, Woodbridge, NJ 07095. PLEASE SPECIFY which you are requesting, official rules or winners list.
Sponsor: This Contest is sponsored by Pernod Ricard, 250 Park Avenue, New York, NY 10177.
Contest Administrator: The Contest is administered by Million Dollar Media, LLC, P.O. Box 278, Woodbridge, NJ 07095.
This Contest is not affiliated with or sponsored, sanctioned, or endorsed by or in any way in association with Instagram or Twitter. Instagram and twitter have no liability or responsibility for any claim arising in connection with this Contest or any prize(s) awarded in connection therewith.
ABSOLUT® ELYX. ENJOY RESPONSIBLY.
Imported by Absolut Spirits Co., New York, NY
©2019 Pernod Ricard USA, New York, NY