BMW USA #BMWSummerOn – 93 Days of Summer Social Media Contest Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THE #BMWSUMMERON 93 DAYS OF SUMMER CONTEST (the “Contest") begins at 12:00:00 AM Eastern Time ("ET") on June 18, 2018 and ends at 11:59:59 PM ET on September 3, 2018 (“Contest Period”). The Contest contains criteria by which winners will be evaluated. Sponsor’s computer is the official time keeping device for the Contest. THIS CONTEST IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF SUBMISSION. OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND D.C. 18 YEARS OF AGE OR OLDER WHO ENTER FROM WITHIN THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA.
1. ELIGIBILITY: The Contest is open only to legal residents of the 50 United States and the District of Columbia (excluding Puerto Rico, the U.S. Virgin Islands and all other U.S. territories and possessions), who are at least 18 years of age or older at the time of Contest registration. Employees, officers and directors of BMW of North America, LLC (“Sponsor”), and Critical Mass (“Administrator”) (collectively, the “Contest Entities”), their respective parents, affiliates, subsidiaries, franchisees, advertising, promotional, fulfillment and marketing agencies, and any prize or offer suppliers of the Contest, their immediate families (parent, child, sibling or spouse) and persons living in the same households as such individuals (whether related or not) are not eligible to participate in the Contest. The Official Rules and the decisions of the Sponsor are final and binding in all respects. Void outside the 50 U.S. /D.C. and where prohibited by law, rule or regulation. Subject to all applicable federal, state and local laws and regulations.
2. CONTEST PERIOD: The Contest begins at 12:00:00 AM Eastern Time (“ET”) on June 18, 2018 and ends at 11:59:59 PM ET on September 3, 2018 (the “Contest Period”). Sponsor’s computer is the official time keeping device for the Contest. See Section 5 for details regarding the Weekly Selection deadlines.
To enter the #BMWSummer On – 93 Days of Summer Instagram Contest ('Contest'), please go to Instagram ('Entry Site') and post a photo or video of your BMW or someone else’s BMW (be sure you have permission) (the “Submission”) using #BMWSummerOn and #Entry (the “Hashtags”).
Depending on the size of your Submission, your internet connection, Internet traffic and other circumstances, your Submission upload time may take several minutes to complete. Please use good taste, keep Submissions free of obscenity or indecent material. Entries cannot defame, misrepresent or contain disparaging remarks about Sponsor or any of its products, or other people, products or companies or communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor associates.
By posting on Instagram with the Hashtags, you acknowledge that you have read, understand and agree to these Official Rules and that your Submission may be posted on the Sponsor’s website(s) or other social media pages, in Sponsor’s sole discretion. Sponsor has no obligation to use or post Submission. By posting a Submission with the Hashtags and entering the Contest, you grant to Sponsor the full right and power to copy, publish, broadcast, display, distribute, use, edit, translate, alter, combine with other material, reuse and adapt any or all portions of the Submission in any way and for any purpose whatsoever, at any time, now or in the future, in any media now known or hereafter devised throughout the world in any manner whatsoever and for any purpose. Submissions that are not in accordance with these Official Rules as stated herein or are not received during the Contest Period will be ineligible.
By posting a Submission you warrant and represent that: (a) it is your original work; (b) has not been previously published; (c) has not received previous awards; (d) except for Sponsor’s intellectual property, as allowed for herein, it does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (e) you have obtained permission from any third party who appears in the entry or whose name, likeness, voice or other proprietary right is used in the entry, if any; and (f) publication of the entry via various media including Web posting, will not infringe on the rights of any third party. Any such entrant will indemnify and hold harmless Sponsor from any claims to the contrary. Any entrant whose entry includes photographs, likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos, other than those belonging to Sponsor) must be able to provide legal releases for such use including use by Sponsor of such entry, in a form satisfactory to Sponsor, upon request, prior to award of prize.
For a Submission in which a person is recognizable, you must secure a model release from the subject or, in the case of a minor, the subject’s parent or guardian and provide it to Sponsor upon request. Submissions that violate or infringe upon another person’s rights, including copyright, are not eligible
Entry must be made by the entrant, only on Instagram. Entries made by any other individual or any entity, and/or originating at any other Internet web site or email address, including but not limited to commercial Contest subscription notification and/or entering service sites, will be declared invalid and disqualified for this Contest. The use of any device to automate the entry process is prohibited.
Limit one (1) Submission per Weekly Selection period (as detailed in Section 5), for a maximum total of ten (10) total entries during the Contest Period. ALL SUBMISSIONS MUST COMPLY WITH ALL APPLICABLE LAWS, RULES AND REGULATIONS AND WITH THE GUIDELINES AND RESTRICTIONS SET FORTH BELOW IN SECTION 4. FOR CLARITY, SUBMISSIONS ARE NOT PERMITTED TO DEPICT ANY CONTENT THAT VIOLATES THE LAW OR PROMOTES ILLEGAL, OBSCENE, INAPPROPRIATE AND/OR UNSAFE BEHAVIOR OR OTHERWISE INCLUDES CONTENT THAT VIOLATES THE GUIDELINES AND RESTRICTIONS.
Those who do not follow all of the instructions, provide the required information in their Submission, or abide by these Official Rules or other instructions of Sponsor may be disqualified.
Duplicate Submissions or Submissions in excess of the stated Submission limitation above by the same person will be subject to disqualification. All terms and conditions of Instagram apply, as applicable. Multiple entrants are not permitted to share the same Instagram account. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different Instagram accounts, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any Instagram account, the authorized account holder of the email address used to register on the platform will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential Winner may be required to show proof of being the authorized account holder.
If an entrant chooses to enter the Contest using his/her mobile device, messaging and/or data fees may apply. An entrant should consult his/her wireless service provider's pricing plan for details. Each entrant agrees to incur any and all charges demanded by his/her wireless carrier. Each entrant should also check his/her device's features for capabilities and check the device manual for specific use instructions. You agree to incur any and all charges demanded by your wireless carrier. You should also check your device’s features for capabilities and check the device manual for specific use instructions.
Providing a Submission constitutes entrant’s consent to grant Sponsor and its designees a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submissions in whole or in part, on a worldwide basis, in perpetuity, and to incorporate it into other works, in any form, media or technology now known or later developed, for any purpose whatsoever, including for promotional or marketing purposes, and without additional compensation.
Each entrant understands and agrees that Sponsor’s use of independently developed material that may be similar to or identical with any Submission or pre-existing design of Sponsor’s, or that contains features or elements similar to or identical with those contained in any Submission, will not obligate Sponsor to negotiate with or secure any rights from entrant, nor will it entitle entrant to any compensation of any kind. Each entrant agrees and acknowledges that nothing herein shall preclude Sponsor from using any material in or similar to the Submission without obligation to entrant, including, but not limited to, if Sponsor has or has determined that it has an independent legal right to use such other material, including without limitation, because such features or elements were not new or novel, or were not originated by entrant, or were or may hereafter be independently created by or submitted to Sponsor. Nothing in this paragraph will in any way limit the transfer of rights and ownership to the Submissions as otherwise provided in the Official Rules.
Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Proof of submission will not be deemed to be proof of receipt by Sponsor. By entering the Contest, entrants fully and unconditionally agree to be bound by these rules and the decisions of the Sponsor, which will be final and binding in all matters relating to the Contest.
4. SUBMISSION REQUIREMENTS: By entering the Contest, each entrant agrees that entrant’s Submission conforms to the Submission guidelines and content restrictions as defined below and that Sponsor, in its sole discretion, may disqualify an entrant or a Submission from the Contest if it believes, in its sole discretion, that the entrant’s Submission fails to conform to the following guidelines and restrictions.
- Submission must comply with these Official Rules and any Terms of Service on Instagram.
- Submission must come from public Instagram profiles in order to be considered valid.
- Submission must not contain material that is (or promoting activities which are) sexually explicit or suggestive, obscene, profane, pornographic, violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), contain nudity or any materially dangerous activity, inappropriate, 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, unsafe, dangerous, harassing, or endorse any form of hate or hate group; or material that contains any derogatory or defamatory references, misrepresentations or disparaging remarks about any person or entity, including but not limited to any Contest Parties or Sponsor’s products (all as determined in the sole and absolute discretion of Sponsor;
- Submission cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the sue of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message.
- Submission cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies.
- Submission cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, email addresses or street addresses.
- Submission cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, moves or other media) without permission. Sponsor does not permit the infringement of others’ rights and any use of materials not original to the entrant (except copyrighted materials owned by Sponsor) is grounds for disqualification from the Contest.
- No background artwork should appear in a Submission unless it is an original work of the entrant. Any artwork, murals, etc. that can be seen in Submissions must be created solely by the entrant or entrant must be the sole owner of all copyright interests therein.
- Submission cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission.
- Submission cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate.
- Submission cannot depict, and cannot itself, be in violation of any law.
- Submission must be original work of the entrant.
- Submission may not have won previous awards.
- Submission may not have been published previously.
If you think any Submission infringes your intellectual property rights, click here if you wish to report: https://automattic.com/dmca-notice/.
Submissions posted to Sponsor’s Facebook Page, Twitter Account or Instagram Account are not edited by Sponsor and are the views/opinions of the individual entrant and do not reflect the views of Sponsor in any manner. Any waiver of any obligation hereunder reserves the right to waive the Submission requirements set forth herein in its reasonable discretion. Sponsor reserves the right, in its reasonable discretion, during or upon completion of the Contest Period, to request that any entrant resubmit his or her Submission which fails to comply with the Submission requirements prior to any judging or voting period.
Each entrant will indemnify and hold harmless Sponsor and Administrators from any claims that the Submission does not comply with the Submission requirements. Any entrant whose work includes likeness to third parties or contains elements not owned by the entrant must be able to provide legal releases for such use including Sponsor’s use of such Submission, in a form satisfactory to Sponsor, upon request, prior to award of Prize and/or naming of entrant as a Winner.
5. WEEKLY CONTEST SELECTIONS: The Administrator will select potential winners (each a “Winner”) based upon the “Judging Criteria” (as defined below) during ten (10) weekly selections of Winners beginning June 22, 2018 and ending August 31, 2018 from all eligible Submissions received from the start of the Contest Period through the Winner selection date. During each weekly selection, one (1) Winner will be chosen for a total of ten (10) winners. Of the ten (10) winners, one (1) finalist will be chosen to win the grand prize based on the judging results. There will be one (1) Grand prize winner. Weekly selections and final prize selection will occur on or around the following dates:
a. Winner Selection #1: On/around Friday June 29, 2018 (1 Winner)
b. Winner Selection #2: On/around Friday July, 6 2018 (1 Winner)
c. Winner Selection #3: On/around Friday July, 13 2018 (1 Winner)
d. Winner Selection #4: On/around Friday July, 20 2018 (1 Winner)
e. Winner Selection #5: On/around Friday July, 27 2018 (1 Winner)
f. Winner Selection #6: On/around Friday July, 27 2018 (1 Winner)
g. Winner Selection #7: On/around Friday August, 3 2018 (1 Winner)
h. Winner Selection #8: On/around Friday August 10 2018 (1 Winner)
i. Winner Selection #9: On/around Friday August 17 2018 (1 Winner)
j. Winner Selection #10: On/around Friday August 24 2018 (1 Winner)
k. Grand Prize Selection: On/around Monday, September 3, 2018 (1 Winner)
Eligible non-winning Entries from each Weekly selections WILL be rolled into the next Weekly Contest Selection.
Limit: One (1) Prize per person/household.
6. CONTEST PRIZES:
Weekly Prizes (10): There will be ten (10) weekly contest prizes awarded throughout the Contest Period (each a “Prize”). Each Prize shall consist of one (1) Custom Prize Pack that relates to the content of the Submission. All items in Custom Prize Pack will be chosen from Sponsor and is at the sole discretion of the Sponsor. In the case of unavailability of any Prize, Sponsor reserves the right to substitute a Prize of equal or lesser value.
The Approximate Retail Value (“ARV”) of each Prize is $200.
Grand Prize (1): There will be one Contest Grand Prize awarded throughout the Contest Period. The Grand Prize shall consist of one Extended 30 Day lease of a new 2018 BMW X2. In the case of unavailability of any Prize, Sponsor reserves the right to substitute a Prize of equal or lesser value.
The Approximate Retail Value (“ARV”) of Grand Prize is $38,400.00 Applicable taxes are the responsibility of Winner.
7. PRIZE AWARDING: Prizes will only be awarded upon the potential Winner’s verification, including verification of age, and final approval by Sponsor. Within one week of selection, Winners will receive Prize notification via direct message or reply to their Submission from BMWUSA on the social channel (Instagram) where the Submission was first posted. The potential Winner will receive direction to send BMWUSA a Direct Message with a valid email address to claim his/her Prize. The potential Winner will be required to send the Direct Message with a valid email address to BMWUSA within forty-eight (48) hours of the comment or reply on the original Submission. Once the potential Winner has confirmed acceptance, potential Winner may be sent an Affidavit of Eligibility form to the valid email address provided by potential Winner. Potential Winner may be required to complete, sign, and return all required forms to Administrator within seventy-two (72) hours.
If a potential Winner cannot be contacted, or fails to complete and respond to the direct message within forty-eight (48) hours of the original message being sent, or if any Prize or Prize notification is returned as undeliverable, or any potential Winner rejects his/her Prize or in the event of noncompliance with these Official Rules and requirements, such Prize may be forfeited and an alternate winner may selected based upon the judging results. Upon Prize forfeiture, no compensation will be given.
Sponsor is not responsible for any change of email address, mailing address, and/or telephone number of entrants.
8. JUDGING CRITERIA: All eligible Submissions will be judged by a judging panel based on the following equally-weighted judging criteria (“Judging Criteria”):
9. GENERAL PRIZE RESTRICTIONS: Prizes are awarded “as is” with no warranty or guarantee, either expressed or implied by Sponsor. Winners are responsible for all federal, state and local taxes as well as all costs and expenses associated with Prize acceptance and use not specified herein as being awarded. No Prize substitution, cash equivalent of Prizes or transfer of Prize is permitted, except by Sponsor in its sole discretion.
10. GENERAL: The Winner hereby expressly grants to the Contest Entities and their respective designees all rights to use and publish his/her name, likeness (photographic or simulated), voice, and city and state of residence for solely advertising, marketing, promotional and publicity purposes in connection with this Contest (“Advertising”), in any and all media now or hereafter devised, worldwide in perpetuity, without any form of notice or any amount or kind of compensation or permission, except where prohibited by applicable law. All copyright, trademark or other intellectual property rights in such Advertising shall be owned by Sponsor or its licensors and the winning entrant hereby disclaims and waives any claim of right to such Advertising. Such Advertising shall be solely under control of Sponsor or its licensors, and Winner hereby waives any claim of control over the Advertising content as well as any possible claims of misuse of winning recipient’s name, likeness or voice under contract, tort or any other theory of law. The Contest Entities do not assume any responsibility for any disruption in the Contest caused by circumstance or other unforeseen events outside of the control of the Contest Entities. In the event there is a discrepancy or inconsistency between disclosures and other statements contained in any Contest materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern, and control. In no event will more Prizes be awarded than those listed in Rule #6.
11. CONDUCT: By participating in this Contest, entrants agree to be bound by these Official Rules and the decisions of the Contest Entities, which shall be final, binding and non-appealable in all respects. Failure to comply with these Official Rules may result in disqualification. The Contest Entities reserve the right at their sole discretion to disqualify any individual found to be tampering with the participation process or the operation of the Contest; or to be acting in any manner deemed by the Contest Entities to be in violation of the Official Rules; or to be acting in any manner deemed by the Contest Entities to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person and void all associated entries and/or registrations. CAUTION: ANY ATTEMPT BY A USER, ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
12. LIMITATIONS OF LIABILITY: Contest Entities assume no responsibility or liability for (a) lost, late, stolen, undelivered, inaccurate, incomplete, delayed, misdirected, damaged or garbled registrations, entries, URLs, or emails; (b) any incorrect or inaccurate Submission information, or for any faulty or failed electronic data transmissions; (c) any unauthorized access to, or theft, destruction or alteration of entries or registrations at any point in the operation of this Contest; (d) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, cable, satellites, servers, computers or providers utilized in any aspect of the operation of the Contest; (e) inaccessibility or unavailability of the Internet or the website or any combination thereof or for computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, social networking posts, or registrations, the announcement of the Prizes, or in any other Contest-related materials; or (f) any injury or damage to entrants or to any other person's computer which may be related to or resulting from any attempt to participate in the Contest or download of any materials in the Contest. If, for any reason, the Contest (or any part thereof) is not capable of running as planned for reasons which may include without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, then and/or for any other reason, the Contest Entities reserve the right at their sole discretion to cancel, terminate, modify or suspend the Contest in whole or in part. If terminated, the Contest Entities may, at their discretion, award the Prizes for the selection(s) at issue from among all non-suspect, eligible entries received for the applicable selection(s) for the Contest up to time of such action. Under no circumstances will entrant be permitted to obtain awards for, and entrants hereby waive all right to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses. All causes of action arising out of or connected with this Contest, or any Prize awarded, shall be resolved individually, without resort to any form of class action. Any claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.
RELEASES: All entrants, as a condition of participation in this Contest, agree to release, discharge, and hold harmless Contest Entities, their respective parents, affiliates, subsidiaries, franchisees, prize or offer supplier, agencies and their respective officers, directors, employees and agents (collectively, the “Releasees”) from and against any and all liability, claims, losses, injuries, demands, damages, or actions of any kind whatsoever, whether direct or indirect, for injuries, damages, or losses to persons or property which may be sustained, in whole or in part, directly or indirectly, in connection with participation in any aspect of the Contest, or the receipt, ownership or use of the Prize awarded.
14. GOVERNING LAW AND JURISDICTION: All issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Illinois, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings shall take place in the State of Illinois, in the County of Cook.
15. BINDING ARBITRATION: Any controversy or claim arising out of or relating to this Contest shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Promotion Parties will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Promotion Parties shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THIS CONTEST, EACH 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 THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, 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), 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), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S 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 EVERY ENTRANT.
16. LIST OF WINNERS: To receive the names of the Winners, send a self-addressed stamped #10 envelope for receipt by September 30, 2018 to: BMWUSA #BMW SummerOn 93 Days of Summer Summer Giveaway Contest, c/o Critical Mass, 200 Varick Street, Suite 610, New York, New York 10014
17. SPONSOR: BMW of North America, LLC, 300 Chestnut Ridge Road, Woodcliff Lake, New Jersey 07677
18. ADMINISTRATOR: Critical Mass, 200 Varick Street, Suite 610, New York, New York 10014
Instagram, LLC., is not a sponsor of this Contest and has not authorized or otherwise sanctioned or agreed to this Contest and/or the use of Instagram name and/or service for the purposes set forth herein. Any questions, comments or complaints regarding the Contest should be directed to Sponsor, not Instagram, LLC. You are providing your information to Sponsor and not to Instagram.