Because Futbol Contest Official Rules
NO PURCHASE OR PAYMENT NECESSARY. THIS CONTEST IS INTENDED FOR ENTRANTS LOCATED IN THE FORTY-EIGHT (48) CONTIGUOUS UNITED STATES AND THE DISTRICT OF COLUMBIA. VOID WHERE PROHIBITED. SUBJECT TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS. ENTRANTS ARE PROVIDING INFORMATION TO SPONSOR AND NOT TO TWITTER OR INSTAGRAM. THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH TWITTER OR INSTAGRAM.
1. CONTEST DESCRIPTION: The “Because Futbol Contest” (the “Contest") offers eligible entrants (each an “Entrant” and collectively the “Entrants”) the opportunity to post via Instagram or Twitter a unique and original video, photo, or gif depicting why they are “a fan for life of their favorite club in Mexican professional fútbol” (the “Submission”) for consideration as described below. The sponsor of this Contest is Hyundai Motor America, 10550 Talbert Avenue, Fountain Valley, CA 92708 (“Sponsor”). The administrator of this Contest is Creative Zing Promotion Group, 2265 Lee Road, Suite 229, Winter Park, FL 32789 ("Administrator"). The Sponsor and Administrator shall be collectively referred to as the “Contest Entities”. This Contest is in no way sponsored, endorsed, or administered by Instagram or Twitter. Entrants are providing information to Sponsor, not to Instagram or Twitter.
The Contest will operate as follows:
· Contest “Submission Period”: The Submission Period begins on or about Friday, September 3, 2021, at 12:01 pm Pacific Time (“PT”), and ends at 11:59 pm PT on Sunday, September 26, 2021 (the “Submission Period”).
· Submission Review & Judging: Concurrent with and following the Submission Period, eligible Submissions will be reviewed and evaluated by a panel of judges to be selected by the Sponsor (each a “Judge” and collectively the “Judges”). The Judges will score each Submission according to the criteria listed in Section 4 to select up to four (4) finalists (each a “Finalist”, collectively the “Finalists”) to proceed in the Contest.
· Finalist Notification: On or about October 5, 2021, up to four (4) potential Finalists, as determined by the Judging Panel, will be contacted to confirm eligibility and obtain releases, according to Section 5 of these Official Rules.
· Public Voting Period: Upon confirmation of eligibility, each Finalist’s Submission will be shared on Sponsor’s Instagram account for Public Voting via an Instagram Stories poll, according to Section 6 of these Official Rules. The Public Voting Period begins on or about October 11, 2021 with the posting of the first and second Finalists’ “Finalist Face-Off” (defined below) and ends at the expiration of the third and fourth Finalists’ Finalist Face-Off, on October 14, 2021.
· Grand Prize Winner Confirmation: The Grand Prize Winners will be contacted on or about October 15, 2021, to complete prize claim paperwork, as directed by the Administrator.
2. ELIGIBILITY: Contest participation is open only to Entrants who meet the following eligibility criteria:
· Entrant must be a legal U.S. resident physically residing within the forty-eight (48) contiguous United States or the District of Columbia (i.e., excluding Alaska, Hawaii, Guam, Puerto Rico and all other U.S. territories and possessions).
· Entrant must be at least twenty-one (21) years of age.
· Entrant must have a valid non-private Instagram or Twitter account and be able to receive direct messages via the platform upon which they submit their entry. Registration on either platform is free and can be obtained at www.instagram.com or www.twitter.com, respectively.
· Entrant must possess a valid passport and be available for international travel on or about November 5-8, 2021.
· Entrant must be the rightful owner (or have authorized use) of the social media account associated with the entry. In the event of a dispute as to the identity of any Entrant, the Entrant will be deemed the natural person in whose name the email account associated with the social media account was opened. In the event a dispute regarding the identity of an Entrant cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible.
· Employees of Contest Entities, and each of their respective parents, affiliates, subsidiaries, agencies, shareholders, officers, directors, members, successors, agents and assigns, together with the Immediate Family Members and/or Household Members of such persons, are not eligible to participate in the Contest. For purposes of the Contest, "Household Members" shall mean those people who share the same residence at least three months a year; "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. Void where restricted or prohibited by law.
3. HOW TO ENTER: There are two (2) methods of entry:
Instagram Entry: To participate via Instagram, Entrant must have a non-private Instagram account and follow https://www.instagram.com/hyundaiusa (the “Instagram Page”) by logging in to their Instagram profile and clicking the “Follow” button. During the Contest Submission Period, a Contest announcement will be distributed on the Instagram Page (the “Instagram Post”). By following the Instagram Page, followers may also see the Instagram Post in their Instagram feed. To enter, Entrant must post a unique and original video, photo, or gif depicting why they are “a fan for life of their favorite club in Mexican professional fútbol” along with the hashtag #BecauseFutbolContest (collectively, the “Submission” or “Entry”) and tag @hyundaiusa. If the Submission was previously posted to Instagram, it must be reposted during the Contest Submission Period. The hashtag #BecauseFutbolContest must appear in the caption (not comments). Posts to Instagram Stories and Reels are not eligible.
Twitter Entry: To participate via Twitter, Entrant must have a non-private Twitter account and follow https://twitter.com/Hyundai (the “Twitter Page”) by logging in to their Twitter profile and clicking the “Follow” button. During the Submission Period, a Contest announcement will be distributed on the Twitter Page (the “Twitter Announcement”). By following the Twitter Page, followers may also see the Twitter Announcement in their Twitter feed. To enter, Entrant must post a unique and original video, photo, or gif depicting why they are “a fan for life of their favorite club in Mexican professional fútbol” along with the hashtag #BecauseFutbolContest (collectively, the “Submission” or “Entry”) and tag @hyundai. If the Submission was previously posted to Twitter, it must be reposted or retweeted during the Contest Submission Period. Posts to Twitter Fleets are not eligible.
IMPORTANT: Entrant’s Submission may appear in the Sponsor’s social media stream. If Entrant does not want their Submission to be made public, they should not enter the Contest.
Submissions must be received by 11:59 pm PT on September 26, 2021. LIMIT ONE (1) SUBMISSION PER PERSON. Submissions in excess of the limit may result in disqualification of the Entrant. Any attempt by an Entrant to obtain more than the stated number of Submissions by using multiple identities, registrations, logins, and/or any other methods will void such Entrant's Submission and that Entrant may be disqualified from the Contest. ELIGIBLE ENTRANTS MUST SUBMIT IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED. Participation in the Contest constitutes Entrant's understanding of and full and unconditional agreement to and acceptance of these Official Rules. Sponsor reserves the right to disqualify any Entrant that Sponsor determines to be in violation of any term contained in these Official Rules. Contest Entities reserve the right to move, change or extend deadlines or dates in their sole discretion. Such changes, if applicable, will be communicated on Sponsor’s applicable Social Media accounts.
· Submission may feature the Entrant and up to four (4) additional participants (i.e., up to five (5) people total);
· Submissions on Instagram must include the hashtag #BecauseFutbolContest and tag @hyundaiusa;
· Submissions on Twitter must include the hashtag #BecauseFutbolContest and tag @hyundai;
· The Submission must be original to Entrant and Entrant must be the rightful owner or have the rights, title and interest necessary to utilize the Submission for consideration in the Contest;
· Video Submissions must not exceed :30 in length;
· Submission text must not exceed 280 characters in length;
· Submissions must not contain material which is sexually explicit, lewd, obscene, pornographic, defamatory, violent, discriminatory, illegal, offensive, threatening, profane, or otherwise objectionable as determined by the Contest Entities in their sole discretion;
· Submission must not infringe on any third-party trademarks or include prominent mention or depiction of any copyrighted material (including but not limited to music, video games, films, books, television programming, etc.); and
· Submission must not contain any derogatory references to any Contest Entities.
Entrants who submit a Submission which violates any of these requirements may be deemed ineligible for participation and their Submission may be void at the Contest Entities’ sole discretion. Incomplete or unintelligible entries will be disqualified. Contest Entities will determine in their sole discretion which Submissions have satisfied the requirements of these Official Rules. Contest Entities reserve the right to allow for minor fluctuations between the Participant’s timing device and the actual runtime of any video Submission, based on clear intent to comply with these Official Rules, as determined at the sole discretion of the Contest Entities. Without in any way limiting the effect of the rest of these Official Rules, any Entrant who incorporates into their Submission any intellectual property owned by a third party other than those detailed above without permission is solely responsible for any such use of the intellectual property and such Submission shall be disqualified from the Contest.
4. SUBMISSION REVIEW & JUDGING: Concurrent with and immediately following the Contest Submission Period, the Judging Panel will review and evaluate each eligible Submission in accordance with the following judging criteria (“Judging Criteria”):
· Adherence to Contest Theme 20%
· Degree of Passion 20%
· Unique Expression/Creative Presentation 30%
· Effort Required/Degree of Difficulty 30%
The top four (4) Submissions with the highest scores will be declared the potential “Finalists” selected to proceed to the Voting Round of the Contest, pending eligibility confirmation. In the event of a tie, the tied Submissions will be re-evaluated by the Judges in accordance with the aforementioned criteria, and the Entrant with the highest rating on “Effort Required/Degree of Difficulty” will be deemed the potential Finalist. Sponsor reserves the right to select fewer than four (4) Finalists, no Finalists, and/or to extend the Contest Submission Period and all other dates associated with the Contest in the event an insufficient number of eligible Submissions are received, as determined by the Contest Entities, in their sole discretion. If no eligible Submissions are received, the prize will not be awarded. Judges’ decisions are final and binding. Final judging scores will not be revealed or publicly announced.
5. FINALIST NOTIFICATION: Potential Finalists will be notified on or about October 5, 2021, in the form of a direct message or comment from the Sponsor. The potential Finalists will be required to respond (as directed) to the notification within twenty-four (24) hours (or a shorter time if required by exigencies) of attempted notification. The failure to respond timely to the notification may result in forfeiture of the opportunity to proceed in the Contest, and in such case, Sponsor or Administrator may select an alternate Finalist, based on the judging results. Each potential Finalist will be required to execute and return an affidavit of eligibility and liability release, and, unless prohibited by law, a publicity release (the “Finalist Documents”) within a reasonable amount of time, as determined by the Contest Entities in their sole discretion. Potential Finalists are bound to confidentiality and are NOT permitted to publicly announce their status as a Finalist (in any way, including social or traditional media) without written permission from the Administrator. A Finalist’s breach of such confidentiality will result in their forfeiture of participation in the Contest, and, in such case, Contest Entities may select an alternate or proceed with fewer Finalists.
6. PUBLIC VOTING PERIOD: Voting will take place solely on Instagram Stories. On or about October 11, 2021, Sponsor will randomly select and post to the Instagram Page two (2) of the four (4) Finalist Submissions to compete in a two (2)-day “Finalist Face-Off” via the “Poll” feature on the Sponsor’s Instagram Stories. The Finalist submissions will compete in two (2) consecutive Instagram Polls to see which Submission receives the most user votes; each
poll will be active for twenty-four (24) hours. The Finalist Submission which receives the most cumulative votes over the course of both Finalist Face-Off polls will be declared a potential Grand Prize Winner, pending eligibility confirmation.
On or about October 13, 2021, the Sponsor will post the remaining two (2) Finalist Submissions on the Instagram Page to compete in the final two (2) consecutive Finalist Face-Off polls via Instagram Stories. The Finalist Submission which receives the most cumulative votes over the course of both twenty-four (24) hour Finalist Face-Off polls will be declared a potential Grand Prize Winner, pending eligibility confirmation.
In the event of a tie, such tied Submissions will be reevaluated in accordance with the aforementioned Judging Criteria and the Submission with the highest Judging point score will be deemed the Grand Prize Winner.
7. VOTING GUIDELINES: Voters must have an Instagram account to vote. Registration is free and can be obtained at www.instagram.com. Voters do not need to be followers of Sponsor’s Instagram Page in order to vote. To vote, users view either or both Finalist Face-Off poll(s) on the Sponsor’s Instagram Stories and must follow the instructions on each Finalist Face-Off poll to select which Finalist Submission they feel is the best representation of the Contest Theme. Limit one (1) vote per person per Face-Off Poll. Any suspected or deliberate attempt to manipulate, or otherwise fraudulently tamper with the voting process, may result in disqualification, at the sole discretion of the Contest Entities.
Fraudulent tampering includes but is not limited to:
· using multiple accounts in an attempt to exceed the voting limit;
· vote brokering via a 3rd party service, website or any other service/tactic which exists for the purpose of exchanging or soliciting votes to manipulate the voting results;
· offering any type of inducement or compensation (monetarily or otherwise) to any third party, in exchange for a vote in any manner;
· use of proxy voting; and
· votes generated by a macro, script, bot or other fraudulent means in an attempt to manipulate the outcome of the Voting Period.
8. GRAND PRIZE WINNER CONFIRMATION: Each potential Grand Prize Winner will be contacted via email on or about October 15, 2021, and will be required to respond to the notification WITHIN 48 HOURS as directed by the Sponsor or Administrator. The failure to respond timely to the notification may result in forfeiture of the Grand Prize and, in such case, Contest Entities may declare an alternate potential Grand Prize Winner, based on the Judging Panel and Public Voting results.
Each potential Grand Prize Winner will be required to complete and return a “Grand Prize Acceptance Form”, and other applicable releases, as determined by the Contest Entities, prior to officially being declared as a Grand Prize Winner. All documents must be returned as directed by the Contest Entities. The failure to complete or return the Grand Prize Acceptance Form within the specified time period may result in forfeiture of the prize and selection of an alternate potential Grand Prize Winner from the remaining eligible Finalists. Grand Prize will not be awarded until all such properly executed forms are returned. Contest Entities, in their sole discretion, will attempt to contact up to two (2) potential winners of a prize in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed. If a prize is awarded but goes unclaimed or is forfeited by recipient, such prize may not be re-awarded, in Contest Entities’ sole discretion. Administrator reserves the right to disqualify anyone not fully complying with the Official Rules.
Additionally, potential Winners may be required to provide their Social Security Numbers for the purpose of submitting to a background check. Such background check may include (but is not limited to) investigation of employment history, criminal or other arrest or conviction record, motor vehicle record, and any other factor deemed relevant by the Sponsor to help ensure that any potential Winner will not, in the Sponsor’s’ sole discretion, bring Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on Sponsor. If requested, the potential Winner agrees to sign waiver forms authorizing the release of personal and background information.
9. GRAND PRIZES: There are two (2) Grand Prizes available, each consisting of a 4-day/3-night trip to Mexico City, Mexico (the “Trip”) for the Winner and one (1) guest. The Trip will consist of the following: (a) Round-trip first class airfare for Winner and guest from a gateway airport near the Winner’s permanent residence to an airport in the greater Mexico City area; (b) Hotel accommodations for three (3) nights at a hotel selected by the Contest Entities (one room, double occupancy, room and tax only); (c) Admission for the Winner and guest to attend a Liga Mexico futbol game scheduled to take place on November 6, 2021 (the “Event”); (d) Round trip ground
transportation between the airport and the hotel in Mexico City and between the hotel and the Event (if applicable); and (e) $500 spending allowance for incidental expenses, awarded in the form of a check . Approximate Retail Value (“ARV”) of each Grand Prize: $7,675. Cumulative value of all prizes available in the Contest: $15,350.
ALL PRIZES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE CONTEST ENTITIES HEREBY EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES. All prize details are at the sole discretion of the Contest Entities. Any depictions of prizes are for illustrative purposes only. Actual value will depend on the point of departure, airfare fluctuations and seasonal pricing; any difference between the ARV and the actual cost of the trip will not be awarded. The Grand Prize Winners will be issued an IRS 1099-MISC tax form for the value of the Grand Prize. ALL FEDERAL, STATE AND LOCAL TAXES, AND ANY OTHER COSTS AND EXPENSES, ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. Winner cannot assign or transfer the prize to another person. No cash alternatives or prize substitution is allowed except at the discretion of Sponsor. If a prize cannot be awarded due to circumstances beyond the control of the Sponsor, a substitute prize of equal or greater retail value may be awarded. Other restrictions may apply. Trip must be taken on dates determined by the Sponsor. If the Event is cancelled or postponed for any reason, Sponsor reserves the right, in its sole discretion, to either: (a) award the Trip as described in these Official Rules but without admission to the Event, which has no associated cash value; or (b) to change the dates of the Trip.
Guests must be at least eighteen (18) years of age, unless the Winner is the parent or legal guardian of such minor guest. Each guest will be required to verify eligibility and to execute a Guest Release, as directed by the Administrator. Failure to return the executed Guest Release within the specified time period may result in forfeiture of participation for the Guest. GRAND PRIZE WINNERS AND GUESTS MUST POSSESS VALID PASSPORTS AND BE AVAILABLE FOR INTERNATIONAL TRAVEL ON DATES SELECTED BY THE SPONSOR.
Winners and Guest must travel together on same itinerary for the Trip. Each Winner and their guest agrees to undertake the Trip at their own risk. All travel arrangements must be made through Contest Entities, and may be subject to availability, certain restrictions, and/or blackout dates. Each Grand Prize Winner and guest must possess all required travel documents and permissions, including visas and valid passports, if and as applicable, and comply with any applicable hotel check-in requirements, such as presentation of a major credit card. Winners and Guest must submit to any government mandated COVID-19 testing requirements, including but not limited to testing requirements prior to returning to the United States. Airline will be selected by Contest Entities in their sole discretion. Airline carrier’s regulations and conditions apply. Once Trip dates have been booked, no changes, extensions or substitutions are permitted, except at Sponsor’s sole discretion. Sponsor will not replace any lost or stolen tickets or travel vouchers. Any costs of travel exceeding the allowance provided herein shall be the sole responsibility of Winner. For the avoidance of doubt, Winners shall be solely responsible for all costs, expenses, and incidentals associated with prize acceptance and use, including, but not limited to, additional ground transportation, meals, beverages, gratuities, phone calls, insurance, taxes, and any other expenses not specifically mentioned as being included. Once travel commences, no unscheduled stopovers are permitted; if an unscheduled stopover occurs, full airfare may be charged to the Winner from stopover point for the remaining segments, including return, of the Trip. Sponsor is not liable for any expenses incurred as a consequence of flight cancellation/delay. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. Airline tickets are non-refundable/non-transferable and are not valid for upgrades. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. Winner is responsible for all applicable travel and other insurance, all applicable airport charges, including, without limitation, any baggage charges, airport taxes, fuel charges and any applicable Federal inspection fees.
Contest Entities maintain no control over the personnel, equipment, or operation of any air, water or surface carrier, transportation company, restaurant or venue (“Providing Party”) and Contest Entities are merely an independent supplier of the Trip and are not in any way related to each Providing Party. The Contest Entities shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to (a) by wrongful, negligent, or unauthorized act or omission on the part of any of those Providing Parties or any of their agents, servants, employees or independent contractors, (b) by any defect in or failure of any vehicle, equipment, instrumentality, service, product, or accommodation that is owned, operated, furnished, or otherwise used by any of those suppliers, (c) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Contest Entities, or (d) by any cause, condition or event whatsoever beyond the control of the Contest Entities.
Assumption of Risks/Release/COVID-19: Winner and Guest will agree to observe all laws, guidelines, regulations, orders and similar government directives which are in effect at the time of the Trip to guard against contracting and/or transmitting the COVID-19 virus, including, but not limited to, the observance of social distancing guidelines, frequent washing of hands and use of hand sanitizers, and the wearing of face masks, gloves, and other personal protection equipment (PPE), among other safety measures. In addition, Grand Prize Winners and Guests agree to submit to any temperature and other screenings, including COVID-19 tests and/or submission of proof of COVID-19 vaccination, as may be required by any Federal, State, Local law, business, or league, and to comply with other safety measures or protocol established by the like. Winners acknowledge and agree that Contest Entities will have the right to suspend, cancel or postpone the Trip, in the event that Winner or Guest tests positive for COVID-19, or Contest Entities reasonably determine that continuing with the Trip may pose significant public health risk. Any such suspension or cancellation shall be deemed to be force majeure event and subject to the terms of Section 14 below.
Notwithstanding the risks associated with COVID-19, Winner and guest acknowledge and fully assume the risk of any illness, disease, personal injury, death, bodily harm, emotional distress and/or psychological harm that Winner or Guest may suffer or incur as a direct or indirect result of accepting the Grand Prize and/or traveling in connection with the Trip and/or attending the Event, including without limitation, contracting COVID-19. Winner and Guest each, on behalf of themselves and their heirs and representatives, agree to execute documents stating they each release, waive, discharge and covenant not to sue Contest Entities and their respective parents, affiliates, and subsidiaries, and the officers, directors, employees, agents, representatives, licensees, successors and assigns of all such entities (all of the foregoing, collectively, the “Released Parties”) from and against any and all claims, causes of action, complaints, challenges, liabilities, damages, costs, charges, fees and disbursements, judgments, penalties, expenses and/or losses of whatever kind or nature, arising out of and/or relating to Winner’s acceptance of the Grand Prize (including traveling to/from Mexico) including without limitation, contracting COVID-19 and/or any related illness.
Trip Conduct: At all times during the Trip, including at the Event, each Grand Prize Winner and guest shall conduct themselves with due regard to the public conventions and morals. The Grand Prize Winners and guest shall not, while representing the Contest Entities during the Trip, commit an offense involving moral turpitude under local laws or ordinances. Each Grand Prize Winner and guest shall not commit any act that will tend to degrade the Contest Entities in society or bring the Contest Entities into public hatred, public disrepute, contempt, scorn, or ridicule or that will tend to shock, insult or offend the community or public morals or decency or prejudice the Contest Entities. In the event a Grand Prize Winner or guest engages in disorderly or disruptive behavior during the Trip or during the Event, or any other behavior that (as determined by Contest Entities in their sole discretion) is obnoxious or threatening, illegal, or that is intended to annoy, abuse, threaten, or harass any other person, the Contest Entities reserve the right to terminate the Trip early and send the Grand Prize Winner and guest home with no further compensation.
11. MATERIALS/RIGHTS IN SUBMISSIONS/PUBLICITY RIGHTS: In consideration of a Submission being reviewed and evaluated for this Contest, each Entrant hereby grants to the Sponsor, and its designees, licensees, successors and assigns, the non-exclusive, perpetual, royalty-free, irrevocable, fully paid, universal right and license to use, license, incorporate, broadcast, telecast, webcast, distribute, re-use, publish, re-publish, edit, composite, morph, scan, duplicate, creative derivative works of or alter, sell, and otherwise exploit such Submission (and to permit
others to do the same), or any portion thereof, including to the extent applicable any information, and/or biographical data of Entrant, and/or Entrant’s name, image, voice, statements, performance, and other likeness incorporated in the Submission, and Submission submitted by Entrant in connection with the Contest; and (b) all graphics, statements, quotations and any other creative materials of or by Entrant and furnished by Entrant as part of this Contest (the “Materials”), in any media now known or hereafter devised, including, but not limited to, all forms of electronic media, print media and all forms of internet and wireless protocol. Each Entrant understands that their name and other Materials may be posted on Sponsor Social Media accounts, or elsewhere in any media in the Contest Entities sole discretion, in connection with the Contest. Entrant agrees that the Sponsor has no obligation to post a Submission or any Materials on any website or elsewhere. Each Entrant authorizes Sponsor and its designees, licensees, successors and assigns to utilize, for eternity and in any manner they see fit, on a royalty-free basis, the Submission, and to make derivative works from such Materials (i.e., without limitation, to create promotional materials). Each Entrant releases the Contest Entities, and their affiliates and the respective employees, shareholders, officers, directors, members, agents, successors, assigns and licensees of each of the foregoing entities, from any and all claims or liability (now known or hereafter arising), including, but not limited to, any claims for defense and/or indemnity, in connection therewith. Each Entrant agrees and acknowledges that participation in the Contest, including, without limitation, the Entrant’s decision to post any Submission for purposes of the Contest, shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between the Contest Entities and Entrant, does not place the Contest Entities in a position that is any different from the position held by members of the general public with regard to the Submission, and that the only contracts, express or implied, between the Contest Entities and Entrant is as set forth in these Official Rules, and any release forms (as described above). In addition, by participating in the Contest and providing any Submission, each Entrant hereby grants permission (except where prohibited by law) for the Sponsor and its designees, licensees, successors and assigns to use Entrant’s Submission, photo, name, likeness, voice, quotes, comments, biographical information, photograph and/or image for the purpose of advertising, trade, or promotion without further compensation or consideration or permission or notification in any and all media now known or hereafter developed throughout the universe in perpetuity.
12. RIGHTS OF ENTITIES RELATED TO THE CONTEST: Contest Entities shall have the right and sole discretion to edit, refuse to air or transmit or cease to air or transmit any Submission whatsoever which it finds to be in violation of the provisions hereof, does not fully comply with all of Contest Entities’ requirements in connection with any and all legal clearance issues, or which it finds in its sole discretion to be otherwise objectionable for any reason. The Contest Entities are 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 participation in the Contest. All statements and opinions made by Entrants are those of such Entrants only, and the Contest Entities neither endorse nor shall be held responsible for the reliability or accuracy of same. Contest Entities are not responsible for the content or practices of third-party websites that may be linked to the Sponsor’s website or social media accounts. The Sponsor website may also be linked to websites operated by companies affiliated with the Contest Entities. Visitors to those sites should refer to each site’s separate privacy policies and practices.
13. CONDITIONS OF PARTICIPATION/RELEASES: The Released Parties shall not be liable for: (i) late, lost, delayed, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible Submissions, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused by the prize or resulting from acceptance, possession, use or misuse of a prize, or from participation in the Contest; (v) the Entrant’s claim that they have somehow been defamed or portrayed in a false light or (vi) any printing, typographical, human administrative or technological errors in any materials associated with the Contest. The Released Parties assume no responsibility for any damage to an Entrant’s computer system, or participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information. Contest Entities reserve the right, in their sole discretion, to adjust times and dates reflected in the Description Section of the Official Rules at any time and/or to cancel, modify or suspend the Contest (or any portion of the Contest) should a virus, bug, computer problem, unauthorized intervention or other cause or problem corrupt or inhibit the administration, security or proper play of the Contest and, in such situation, to select the Finalists and/or Grand Prize Winner from eligible non-suspect Submissions received prior to and/or after such action or in such manner as deemed fair and appropriate by the Contest Entities. Contest Entities may prohibit any Entrant from participating in the Contest or winning a prize if, in their sole discretion, they determine the Entrant is attempting to undermine the legitimate
operation of the Contest by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other Entrants or Contest Entities representatives. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE CONTEST. SHOULD SUCH AN ATTEMPT BE MADE, THE CONTEST ENTITIES RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
14. Force Majeure: If for any reason beyond any party’s control, such as but not limited to, boycotts, pandemics and epidemics, including but not limited to any new or re-emerging occurrence in connection with COVID-19 or any mutation thereof, travel bans, travel restrictions, “stay at home” government orders, guidelines or advisories, war, acts of God, labor troubles, strikes, hurricanes, volcanoes, restraints of public authority, or any similar or dissimilar occurrence or anything else beyond the Contest Entities’ control which makes the Trip under the terms of this Contest impracticable, inadvisable, impossible or illegal or which materially affects the Contest Entities’ ability to provide the Trip, then Contest Entities shall have the right, at their sole option, to:
1. Rebook the Trip for another date, which may or may not include an Event similar to the planned Event; and/or
2. Cancel the Trip and rescind the Grand Prize, if already awarded; and/or
3. Cancel the Contest in whole.
15. ARBITRATION: Except where prohibited by law, as a condition of participating in this Contest, Entrants agree that (1) any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, and not as a participant in any class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the Entrant; (2) the AAA shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than entrant's actual out-of-pocket expenses (i.e., costs directly attributable to participating in this Contest), and entrant further waives all rights to have damages multiplied or otherwise increased.
16. GOVERNING LAW: All federal, state and local laws and regulations apply. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Released Entities in connection with the Contest, shall be governed by, and construed in accordance with California law without giving effect to any choice of law or conflict of laws.
18. WINNER LIST: To obtain a copy of the Winner list, send a request along with a stamped, self-addressed envelope to the “Hyundai #BecauseFutbol Contest" Winner List, 2265 Lee Road, Suite 229, Winter Park, FL 32789. Requests for the name of the winner must be received no later than October 31, 2021.
This Contest is in no way sponsored, endorsed or administered by Twitter or Instagram. Twitter and Instagram are completely released of all liability by each Entrant in this Contest.