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Official Rules for BMW Mobilizing Heroes CONTEST
Official Rules for BMW Mobilizing Heroes CONTEST
Sponsor: BMW of North America, LLC
The "BMW Mobilizing For Good” ("Contest") is designed to give U.S. residents aged 18 and older the opportunity to express in a 30 second video, or written submission, how a 30 day loan of a BMW vehicle would assist in his or her community efforts during the Corona virus quarantine.
The individual who is selected based on video quality and content by BMW marketing personnel (acting in their sole discretion) will be provided a BMW for 30 days to be used as part of the individual’s community assistance efforts (the “BMW Loan”). If the selected individual does not elect to purchase that vehicle, the next runner-up in the judges’ assessment will be afforded the BMW Loan.
Here's how it works:
The Contest is designed to give U.S. residents aged 18 and older an opportunity to express their community assistance during the corona virus quarantine in a short video. One entrant will be selected on a merit based judgment by BMW of North America, LLC. (herein referred to as “BMW”) marketing to be provided a 30 days loan of a BMW automobile to be used as part of the individual’s community assistance efforts. Between 50 and 70 BMW Loans will be awarded to winning entrants, one per individual. All contest entrants’ videos, or written submissions (500 words or less) will be provided to BMW with the understanding that BMW may freely use those videos and written submissions for marketing purposes.
By participating in this Contest, entrants agree to be bound by these Official Rules and to BMW’s decisions which are final and binding on all matters relating to the Contest. The Contest submission period begins at 9:00am EDT on Friday May 1, 2020 and ends at 11:59pm EDT on Friday May 8, 2020 (the "Submission Period"). The sponsor of this Contest is BMW of North America, LLC, 300 Chestnut Ridge Road, Woodcliff Lake, NJ 07677. The Contest will operate as described below on or about the stated dates:
Submission Period Friday May 1, 2020 – Friday May 8, 2020 Videos and written submissions are submitted according to the "How to Enter" description in Section 3 of the Official Rules.
Judging Period Friday May 8, 2020 – Wednesday May 13, 2020. BMW marketing personnel will view the videos and/or written submissions and, in accordance with the criteria set forth in Section 5 of the Official Rules and, in their sole and absolute discretion, rate them based on those criteria. Based on those judgments, winning videos will be identified.
Notification Period: Friday May 8, 2020 – Friday May 15, 2020 Sponsor shall attempt to contact the submitter of the top ranked video or an alternate, if necessary, as described in Section 6 of the Official Rules.
The identity of the top ranked submission will be announced on or about Wednesday May 13, 2020.
Contest is open to entrants ("Entrants") who are legal residents of the US. Void outside of the US and where prohibited. Entrants must be between 18 years of age and possess a valid active driver’s license. BMW of North America, LLC, its affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, website providers and each of their employees, officers, and directors and members of their immediate families (spouses, parents, siblings, children, and grandparents regardless of where they live) and those living in the same household are not eligible to enter or receive the award. Entry constitutes Entrant's certification that he/she meets the eligibility requirements set forth in these official rules. Sponsor reserves the right to verify eligibility of any potential award recipient. Receiving an award is contingent upon fulfilling all requirements set forth herein.
2. HOW TO ENTER:
During the Contest Period, submit a video or written essay (500 words or less) to BMW via email to MobilizingforGood@bmwusa.com or submit via direct message to BMWUSA social media channels (BMWUSA Facebook, BMWUSA Instagram, and BMWUSA Twitter) explaining your community assistance efforts during the corona virus quarantine and how you would use the BMW Loan to assist those efforts. Include your full name, email address, and phone number. Videos must be no longer than 30 seconds in duration. Submissions will be accepted only during the Submission Period. One entry per person. Multiple entries are not allowed and could render participant ineligible.
BMW USA is not responsible for late or unsuccessful attempts to enter. The Entrant must be able to provide on request all appropriate clearances, permissions and releases for the Video Submission, including releases from the submitting Entrant and any third parties appearing in the Submission. Incomplete, corrupted, untimely, or unintelligible entries will be disqualified as will be any videos exceeding 30 seconds. If for any reason an Entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant's sole remedy is another entry in the Contest, BMW USA reserves the right to determine in its sole discretion which entries have satisfied the entry requirements.
Video Submission Requirements
ALL Entry Submissions:
MUST be of satisfactory quality (i.e., brightness, focus, etc.).
MUST be clear and easy to see, hear and understand.
MUST be the participant’s original idea. Modification of an original work is not an original idea. Entry Submissions MUST NOT copy or otherwise plagiarize from any source.
MUST NOT contain material which is or promote activities which are in Sponsor’s sole discretion, hateful, slanderous, libelous, tortious, sexually explicit, obscene, pornographic, inappropriate, violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g., underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing; or contain material that is threatening to any person, place, business, group or world peace; or contain words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group; or contain images, words or text portraying nudity, acts of violence, or acts that are or appear to be unlawful or dangerous or in violation of, or contrary to the laws or regulations in any state where the entry is created in their application.
MUST NOT contain material that violates or infringes another’s rights, including but not limited to material that violates privacy, publicity, or intellectual property rights, or that constitutes copyright infringement. Without limiting the foregoing, entry submissions must not include third-party trademarks, logos, insignia, location signage, photographs, artwork, or sculptures, except those of Sponsor.
Entry Submissions MUST NOT include mention or performance of any copyrighted media production, including but not limited to books, articles, photographs, artwork, etc., or identifying descriptions of any media property. Entry Submissions MUST NOT include commercial music.
Entry Submissions MUST NOT include third parties, including but not limited to friends, relatives and Sponsor employees, who have not expressly authorized participant to display their image or likeness in any submitted application or otherwise use such images or likenesses in accordance with these Official Rules. Entry Submissions MUST NOT include minors or celebrities. If the entry contains an identifiable person other than the participant who submitted the entry, by submitting the entry, the participant represents and warrants that he/she has obtained the consent of such person to the use of the entry as outlined herein and such person may be required to provide written consent to the use of the entry. To the extent that anyone under the age of 18 appears in a video, Entrant represents and warrants that the minor's parents consented to the minor's appearance in the video and the public display of the video.
Entry submissionsMUSTNOT defame or otherwise violate the rights of any third party and does not and will not violate any federal, state, or local laws or ordinances.
By submitting entry content, you grant BMW of North America LLC, its affiliated companies and assigns a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to reproduce, adapt, publish, create derivative works from, copy, display, upload, publicly perform, distribute, store, modify and otherwise use your submitted video and any name, username, likeness, voice or photograph provided in connection with your submitted content, without compensation to you, with or without your first or last name credit, in connection with the operation of the Contest or the promotion, advertising or marketing of the services, in any form, medium or technology now known or later developed. Entries that attempt to restrict this right will not be considered.
3. JUDGING PROCESS AND PERIOD: The Judging Period begins on Friday May 8, 2020 – Wednesday May 13, 2020. A panel of judges ("Judges") selected by BMW from among BMW marketing personnel, in its sole discretion, will judge the submissions and select winners based on the following criteria:
20% Originality and creativity of the video
30% Community service and its importance
30% Display of knowledge of and enthusiasm for the community service
20% Effectiveness and clarity of communication and mode of presentation
4. SELECTION NOTIFICATION AND ANNOUNCEMENT: The top ranked video’s submitter, as determined by the Judges, will be notified by E-mail (via the E-mail account used to submit the video) on or about Wednesday May 13, 2020 and will be required to respond (as directed) to the notification attempt. The failure to respond timely to the notification may result in forfeiture of participation in the Contest and, in such case, BMW will select an alternate according to the Judges' results. The top ranked submitters will be required to provide proof eligibility and execute and return a vehicle loan agreement and a liability/publicity release (where legally permissible) and other documents required by BMW within a reasonable amount of time as determined by BMW in its sole discretion. If a potential top ranked submitter cannot be contacted by email after the first attempt to contact him or her, or if he or she fails to sign and return the proof of eligibility and liability/publicity release and other required documents within the required time period (if applicable), or if he or she is unavailable to participate, he or she will be disqualified and an alternate entry will be selected in his or her place from all eligible entries received according to the judging criteria described above.
5. AWARD RESTRICTIONS: The award is solely the non-transferrable ability to borrow a BMW for 30 days. Nothing here requires you to purchase anything.
The BMW Loan cannot be assigned or transferred to another person. No award substitution or changes are allowed except at the discretion of BMW. Award cannot be substituted or redeemed for cash. Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of the award not specifically stated herein are the sole responsibility of the award recipient.
6. OTHER GUIDELINES:
Contest is subject to all applicable federal, state, local laws and regulations and void where prohibited by law.
BMW retains the right to disqualify any contestant if the Official Rules are not followed.
Any information collected by registering to enter the Contest shall be used only in a manner consistent with these Official Rules.
At its discretion, BMW reserves the right to cancel, terminate, or modify the Contest.
By entering the Contest, you signify and agree that your entry and any other materials you submit in connection with the Contest may be posted on BMW’s website and/or other social media sites or applications associated with the Contest in a manner that is consistent with these Official Rules.
7. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each participant understands and acknowledges that BMW has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each participant also acknowledges that many ideas may be competitive with, similar or identical to the submissions and/or each other in theme, idea, format or other respects. Each participant acknowledges and agrees that such participant will not be entitled to any compensation as a result of BMW’s use of any such similar or identical material. Each participant acknowledges and agrees that BMW does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the submissions. Finally, each participant acknowledges that, with respect to any claim by participant relating to or arising out of BMW’s actual or alleged exploitation or use of any submissions or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable participant will not be irreparable or otherwise sufficient to entitle such participant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the submissions or any material based on or allegedly based on the submissions, and the participant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law
8. RIGHTS OF BMW / DISCLAIMER OF LIABILITY: BMW shall have the right and sole discretion to edit, to refuse to consider or take any other action it deems appropriate with respect to any Video whatsoever which it finds to be in violation of these Official Rules or which it finds in its sole discretion to be otherwise objectionable for any reason. BMW is not responsible for any materials provided by Entrants which are deemed harmful or offensive to others or for any harm incurred as a result of the Video's creation. BMW makes no warranties, express or implied, as to the content or the accuracy or reliability of any information or statements contained in the Videos. All statements and opinions made by Entrants are those of such Entrants only, and BMW neither endorses nor shall be held responsible for the reliability or accuracy of same.
9. WARRANTY: It is an express condition of submission and eligibility that each Entrant warrants and represents that Entrant's Video is solely owned by Entrant and solely created by Entrant for the purpose of entering this Contest, and that no other party has any rights or interest in the Videos. Entrant further represents and warrants that the Videos and any use thereof by BMW or any partners, subsidiaries and affiliates in connection with programming, advertising, promotion and publicity, shall not infringe upon any statutory or common law intellectual property right (including, without limitation, any copyright) under US and international laws and shall not constitute a defamation, or invasion of the right of privacy or publicity, or infringement of any other right of any kind of any third party.
10. INDEMNITY: The Contest may also be promoted by a third party or parties (each a "Promotional Partner," collectively "Promotional Partners"). Entrant shall indemnify and hold harmless BMW, any Promotional Partners, and each of their respective parents, affiliates, successors, assigns and licensees, and each of their respective employees, shareholders, officers, directors, agents and representatives from and against any and all liability, claims, loss, damage, injury or expense, including reasonable attorneys' fees, arising in connection with any third party action arising out of a breach or allegation which if true would constitute a breach, of any of Entrant's representations, warranties or obligations herein.
11. RELEASE AND LIMITATION OF LIABILITY: By participating, each Entrant agrees that BMW, and each of their respective agents, representatives, parent companies, affiliates, subsidiaries and legal advisers, and each of their respective employees, shareholders, officers, and directors ("Released Parties") are not responsible or liable for and shall be released and held harmless from: (i) late, lost, delayed, damaged, incomplete, illegible, unintelligible, misdirected or otherwise undeliverable mail, postage-due notices, release forms, affidavits or other correspondence; (ii) telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind; (iii) any condition caused by events beyond the control of BMW that may cause the Contest to be disrupted or corrupted; (iv) any printing, human, typographical or other errors or ambiguities in (or involving) any materials associated with the Contest; (v) any and all losses, damages, rights, claims and action of any kind in connection with or resulting from participation in the Contest; (vi) acceptance, possession, or use of any award, including without limitation, personal injury, death and property damage arising there from; and (vii) claims based on publicity rights, defamation or invasion of privacy. BMW reserves the right, in its sole discretion, to suspend or cancel the Contest at any time for any reason, including, without limitation, if a computer virus, bug or other technical problem corrupts the administration, security, or proper conduct of the Contest, strikes, lock-outs, acts of God, technical difficulties, and other events not within the reasonable control of BMW.
BY PARTICIPATING IN THIS CONTEST, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES, OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE AWARD, ENTRY OR PARTICIPATION IN THIS CONTEST OR IN ANY CONTEST-RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY AWARD CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS PROMOTION, INCLUDING THE CONTEST HOMEPAGE AND ALL AWARDS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
12.GENERAL TERMS AND CONDITIONS: New Jersey law governs this Contest. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest, or the rights and obligations of Entrants and BMW in connection with the Contest, 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 New Jersey or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the New Jersey. In the event of a claim or dispute, Entrants' sole remedy shall be limited to their remedy at law for damages, if any, and Entrants shall not have the right to in any way enjoin or restrain the distribution, advertising, publicizing or other exploitation (in any form of media) of the Contest Homepage, the Contest, and/or any intellectual property owned or licensed by BMW or their respective parent companies, subsidiaries, member stations, and affiliated entities. BMW reserves the right, at its sole discretion, to prohibit any Entrant from participating in the Contest or to disqualify any individual it finds, in its sole determination, to be tampering with the entry process or the operation of the Contest; to be attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any other unfair playing practices; to be acting in violation of the Official Rules; or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. BMW may suspend or discontinue the Contest if, in its sole opinion, there is any actual or suspected tampering of the Contest, or any other malfunction, event or activity that may affect the integrity of the Contest. BMW SHALL NOT BE OBLIGATED TO AWARD ANY AWARD THAT RELATES TO OR ARISES OUT OF IMPROPER OR MISTAKEN AWARD NOTIFICATION, OPERATION OR FUNCTION OF THIS CONTEST.
The Mobilizing For Good Campaign/Contest is subject to Federal Income Tax Information Reporting requirements. If applicable, a Form 1099-MISC will be issued to the winners by the IRS statutory due date. Winners are solely responsible for all federal, state and local income taxes associated with the imputed value of the loaner vehicle. Please consult your tax advisor for proper reporting on your individual income tax return.
In order to fully comply with these requirements, BMW is required to obtain taxpayer information (Form W-9) before any vehicle can be released to a winner. The information obtained on the Form W-9 is needed to properly report the imputed value of the loaner vehicle on Federal Form 1099-MISC.
14. BMW: BMW of North America, LLC, 300 Chestnut Ridge Road, Woodcliff Lake, NJ 07677.
15. OFFICIAL RULES AND AWARDEE LIST: For a copy of the Official Rules, visit https://www.bmwusa.com/mobilizing-for-good-terms-and-conditions.html or send a self-addressed, stamped envelope to: Official Rules, BMW’s Mobilizing For Good Campaign/Contest c/o BMW of North America, LLC, 300 Chestnut Ridge Road, Woodcliff Lake, NJ 07677. For a list of award recipient, send a self-addressed, stamped envelope to: Awardee List BMW’s MobilizingFor Good Campaign/Contest, BMW of North America, LLC, 300 Chestnut Ridge Road, Woodcliff Lake, NJ 07677. Requests received without a self-addressed, stamped envelope will not be fulfilled.