BRP US INC.
BRP EVINRUDE’S SUITE PROMOTION CONTEST
To enter this Contest, you must agree to and abide by these Official Rules.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
This Promotion is in no way sponsored, endorsed or administered by YouTube or Facebook.
1. Sponsor: BRP US Inc., 10101 Science Drive, Sturtevant, WI 53177.
2. Administrator: BRP US Inc., 10101 Science Drive, Sturtevant, WI 53177.
3. Eligibility: The BRP Evinrude’s “Suite Promotion” (“Contest” or “Promotion”) is open only to legal residents of the 50 United States, District of Columbia, and Canada (excluding Quebec residents) who are 18 years of age or older (or the age of majority in the jurisdiction of their residence, whichever is older) at the time of entry. Employees of Sponsor, Administrator, any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, and/or each of their respective parent, subsidiary, affiliated and successor companies (“Promotion Entities”), and immediate family and household members of such individuals, are not eligible to enter or win a prize. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings or spouses, regardless of where they live. "Household members" shall mean people who share the same residence at least three months a year, whether related or not. Void where prohibited or restricted by law.
4. Promotion Period: The Contest begins on or about 12:00 p.m. Central Daylight Time (“CDT”) September 9th, and ends at 11:59 p.m. CDT on September 20th (“Promotion Period”). Sponsor’s computer is the official clock for this Promotion.
5. How to Enter:
ENTRY VIA E-mail
During the Promotion Period, send an e-mail to TEC@brp.com. In the e-mail please use “Suite Life” in the subject line. Within the e-mail, entries must provide the following information: 1. Name 2. Phone number 3. Address, along with the answer to 4. What makes you an Evinrude winner? Send your submission, including the answers to TEC@brp.com during the Promotion Period. Submission video should be no longer than two minutes. By submitting an entry, you agree to be bound by these Official Rules. Bombardier Recreational Products US Inc. (BRP US Inc.) (“Sponsor”) is not responsible for late, lost, unreadable, or misdirected entries. Sponsor’s decisions on all matters relating to this contest will be final and binding.
BY SUBMITTING AN E-MAIL YOU ARE INDICATING YOU HAVE READ, UNDERSTOOD AND FULLY AGREE TO THESE OFFICIAL RULES. DO NOT SUBMIT AN E-MAIL WITHOUT FIRST REVIEWING THESE OFFICIAL RULES.
Your e-mail will constitute your Entry into this Contest Partial or incomplete/piecemeal submissions (e.g., sending an e-mail without the full answers to the questions listed above or without providing your social media usernames) will NOT BE ACCEPTED AS ENTRIES.
Once submitted, Entry becomes the sole property of Sponsor and cannot be modified by Entrant. By submitting an e-mail, Entrant gives permission (and warrants and represents that he/she has obtained all rights necessary to give such permission and grant the license herein described, including from the individual(s) appearing in photos, advertisements, being mentioned on Evinrude’s social media platforms (Facebook, YouTube, Twitter, Instagram, and EvinrudeNation.com), to Sponsor and its designees. Entrant hereby grants Sponsor and its designees a royalty-free, irrevocable, perpetual, worldwide, sub-licensable, non-exclusive license (herein “License”) to use Entrant’s photograph, name, likeness, comments/simple reason and all other information about the Entrant contained in the e-mail on any media and through any means now known or hereafter devised, including and without limitation, the World Wide Web, and to otherwise use Entrant's photograph, name, likeness, comment/simple reason, and all other information about Entrant in the e-mail, and make derivative works therefrom, without compensation and in accordance with the requirements of this Contest and the advertising, promotion and publicity of the Contest, Sponsor’s products and services and otherwise, as stated in these Official Rules (as solely determined by Sponsor). Such License will be confirmed by potential winner upon Sponsor’s request and potential winner agrees to complete, sign and deliver any and all necessary documents in a timely manner, including and without limitation, documents setting forth any licenses, releases and indemnities that Sponsor in its sole discretion may require, without condition or compensation of any kind, as well as to use his/her best efforts to facilitate Sponsor’s procurement of similar confirming documents if other than the potential winner as well as from people other than the entrant appearing in the photo (or identified in the comment/simple reason). Sponsor’s failure to receive all documentation from all individuals within the prescribed timeframe, in each instance as required by Sponsor in its sole discretion, will result in the disqualification of the Entry and the selection of another Entry (from the applicable Entry Period) as the potential winner for the applicable Contest Entry Period.
Limit one (1) Entry per person. (Do NOT submit the same e-mail for multiple Entries.) Multiple Entries in violation of the preceding limitation and/or mass entry attempts will result in disqualification of all Entries by such person. Entries must be manually keystroked by the Entrant; use of automated entry devices or programs and entries by third parties by any method of entry, are prohibited. Entries that do not conform to or that violate these Official Rules or are submitted in any manner other than stated in these Official Rules will be disqualified. Sponsor and Administrator will not be responsible for late, lost, incomplete or misdirected entries. Proof of submission of Entry does not constitute proof of receipt of same. All Entries must be e-mailed to TEC@brp.com prior to expiration of Promotion Period. By entering this Contest, Entrants agree to these Official Rules and the decisions of the Administrator and Sponsor, which are binding and final in all matters relating to this Contest.
6. Content Guidelines: In addition to complying with all other requirements of these Official Rules and/or on the website/platform where people may submit entries/e-mails each submission must comply with the following guidelines (“Content Guidelines”). Any e-mail that Sponsor or Administrator, in their sole discretion, determines is in violation of any Content Guideline will be disqualified. Each entry must not:
• Contain content, image(s) or material that violates or infringes any third party rights of any kind, including and without limitation, any third party privacy, publicity, trade secret and/or intellectual property rights, including third party registered and/or common-law copyrights and trademarks;
• Disparage Sponsor, Administrator, or any other person or entity affiliated with the Contest or products, services or entities that are competitive with any of the foregoing;
• Contain brand names, trademarks or logos of any third party other than those owned by or licensed to Sponsor*;
• Contain content, images, artwork or other creative elements not created by and original to Entrant;
• Contain content, images or other material that is misleading, inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;;
• Contain content, images or other material that reflects, advocates or promotes bigotry, racism, hatred, harm or exploitation of or against any class, group or individual; discriminate based on race, gender, religion, nationality, disability, sexual orientation or age, or portray actions or activities that are restricted, prohibited, illegal or unlawful (including and without limitation, the consumption of alcohol or any other controlled substances);
• Contain content, images or other material that is unlawful or in violation of or contrary to any applicable federal or state laws or regulations;
• Contain content that advocates violent, reckless, irresponsible or otherwise unhealthy behavior;
• Have been previously submitted in a promotion of any kind or published, posted, exhibited or displayed publicly for commercial use by any means and in any form or media.
In addition to the foregoing, a video submission cannot:
• Contain executable programming of any kind, including and without limitation, viruses, worms, Trojan horses, spyware, malware, time bombs, Easter eggs, cancel bots or any kind of malicious or benign computer programming whatsoever;
• Contain encrypted content of any kind, including and without limitation, encoded messages.
If a file and/or video/post cannot be opened, viewed and/or accessed by Sponsor or Administrator for any reason whatsoever, that file and/or video/post shall be disqualified without any fault or liability of the Released Parties, as defined below.
*Sponsor grants to each qualified Entrant a limited, non-transferable, non-exclusive, non-sublicensable, revocable right to use its trademarks solely for purposes of and limited inclusion in the photos/social media posts submitted in this Contest; such right and license will automatically expire without further act of any party at the expiration of the Promotion Period, unless specifically extended on an individual basis by Sponsor in writing in its sole discretion. Any other use of Sponsor’s trademarks will be a violation of Sponsor’s intellectual property rights. Sponsor’s trademarks cannot be modified, adapted or edited by Entrant; the preceding only excludes modifications due to technological limitations or malfunctions.
Entrant understands and agrees that Sponsor has wide access to ideas, stories and other literary, artistic and creative materials submitted to it from outside sources or developed by its own employees and agents (together, “Sponsor Creative”); such Sponsor Creative may be competitive with, similar to (or even identical to) the Contest photos/social media posts created and disseminated by entrants. Sponsor shall have no liability to entrant or any third party in respect to or in connection with the development, use, sale and/or commercial exploitation of all or any portion of Sponsor Creative by Sponsor and/or its designees and licensees, all of which liability, if any, entrant hereby expressly and irrevocably waives, releases and discharges.
7.Judging Potential prize winners will be selected based on the answers provided in the entry, and demonstrate a strong affirmation with the Evinrude brand. The judging will be done on or about September 21st, 2016 by a panel of judges based on the following, equally weighted criteria: strength of answers (25%), perceived passion for the brand (25%), and creativity/originality (50%). The highest scores will be deemed winners of the Suite promotion. In the event of a tie, the entry with the higher score first in the creativity criteria and then in the answers criteria will be declared members of the Evinrude T.E.C ambassador team. If a tie continues, the tied entries will be re-judged by a new judge using the original criteria. The winner selection process will be conducted by the Evinrude Brand Marketing Team. By entering this Contest, entrants agree that the selection of winners and all decisions of the contest judges shall be final and binding on all matters related to the Contest. Limit of one (1) prize per person/household/address/email-address. The selected winner will be contact by e-mail or phone number which was provided in the entry. Failure to respond to the initial verification notice within twenty-four (24) hours after notification or return of email notification as undeliverable after two (2) attempts will result in disqualification. To be declared an official winner, potential winner will be required to sign and return within two (2) business days, an Affidavit of Eligibility, Release and Indemnification, a Publicity Release and/or any other documents as requested by Sponsor, where allowed by law (“Winner Documents”). If the Winner Documents are not returned to Sponsor within specified time period, potential winner will be disqualified. If a potential winner is disqualified, prize will be awarded to an alternate winner selected from all remaining non-winning eligible entries received during the Promotion Period. In the event of any dispute concerning the identity of any Entrant, the Entry will be deemed submitted by the natural person who is the Authorized Account Holder of the transmitting email account used to participate in the Promotion. "Authorized Account Holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) responsible for assigning email addresses for the domain associated with the submitted email address.
8. Prizes, Approximate Retail Value and Odds:
Prizes (5 winners): Each Grand Prize winner will receive all of the following opportunities or prizes which include but are not limited to:
• Two (2) suite tickets to one of the following games, the game of which is decided based on the participants location (Wisconsin resident receives Brewers tickets, Minnesota resident receives Twins tickets)
· Milwaukee Brewers vs Cincinnati Reds Friday, September 23, 7:10 PM at Miller Park
· Twins vs Mariners Sunday, September 25, 1:10 PM at Target Field
• Approximate Retail Value: $330.00
FOR ALL PRIZES: Winners are not entitled to exchange or transfer prizes or to obtain cash (except where required by law) or other substitutes. Sponsor reserves the right to substitute prize of equal or greater value if the prize listed is unavailable for any reason. Prize will only be delivered within the United States and Canada. Federal, state and local taxes (if any) are the sole responsibility of the winner.
By accepting a prize, each winner grants Sponsor and its designees permission to use his/her name, voice, likeness, photograph, video, prize information, biographical data and city and state of residence on a winners’ list and for programming, publicity and promotional purposes, worldwide in all forms of media now known or hereafter developed in perpetuity and without further compensation unless prohibited by law. Sponsor and its designees are not obligated to use any of the above mentioned information or materials, but may do so and may edit such information or materials at Sponsor's sole discretion without further obligation or compensation.
Odds of winning a prize depend on total number of eligible entries received during the Promotion Period.
9. General Conditions and Limitations of Liability:
Sponsor and its agencies are not responsible for failed, partial or garbled computer transmissions, or technical failures of any kind affecting the Contest in any manner, including but not limited to electronic malfunction or damage of any network, hardware or software. The foregoing also includes any malfunction/error/failure deemed by Sponsor/Administrator in the sole discretion of either party to impact the availability or accessibility of photos/tweets submitted by Entrants or the transmission or receipt of winner notifications. If for any reason the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical failures beyond Sponsor’s control that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest (including entries or otherwise), Sponsor reserves the right, in its sole discretion, to cancel, suspend or modify the Contest. Notice of cancelation/modification/suspension of Contest will be posted on www.evinrude.com. Failure of Sponsor or Administrator to enforce any provision of these Official Rules shall not constitute the waiver of such provision.
By entering this contest, winner acknowledges and agrees that Bombardier Recreational Products Inc., BRP US Inc., their affiliates and their respective officers, directors, employees, dealers, agents and insurers (collectively, “the Released Parties”) (i) shall have no liability of any kind whatsoever with respect to this Contest and/or the awarding or use of the Prizes, (ii) make no warranty, guaranty or representation of any kind concerning the Prizes, (iii) disclaim any implied warranty of merchantability or fitness for any purpose, and (iv) are not liable for injury, loss or damage of any kind resulting from the acceptance or use or misuse of the Prizes or from participating in this contest. The Release Parties are not responsible for typographical errors or any other errors in the offer or administration of this contest, including but not limited to errors in the advertising, the Official Rules, the selection and announcement of winners, or the distribution of the Prizes.
Persons entering the Contest further agree not to knowingly damage or cause interruption of the Contest and/or prevent others from participating in the Contest. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE, WEBSITE OR PLATFORM OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PERSON, WHETHER OR NOT THE INDIVIDUAL IS A PARTICIPANT IN THE CONTEST, MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
10. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by a state or federal court located in Milwaukee, Wisconsin; (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, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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 the entrant and Main Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Wisconsin, without giving effect to any choice of law or conflict of law rules (whether of the State of Wisconsin or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Wisconsin.
11. Winners’ List: For the names of the winners, send an email to TEC@brp.com with “Suite Promotion Contest Winners” in the subject line. All such requests must be received by 9:00 a.m. Central Daylight Time on 9/22/16.