#UBERmophie Instagram Photo Contest
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
The object of the Contest is to capture an original still photograph of yourself charging your mobile phone in one of the Uber vehicles at SXSW in Austin, TX and share with #UBERmophie on Instagram (the “Entry” or “Entries”). You must post/submit your Entry via a public Instagram account and include the hashtag #UBERmophie (the “Hashtag”), in accordance with these Official Rules to be eligible. One (1) or more representative(s) of mophie (the “Judges”) will select the most compelling Entry in accordance with these Official Rules and based upon criteria set forth in the Selection of Winners (Section 5) below to determine the Prize Winner (defined below).
- CONTEST PERIOD: The Contest begins on March 10, 2014 at 12:00 a.m. Pacific Standard Time (PST) and ends on March 16, 2014 at 11:59 p.m. PST (“Contest Period”). Entries must be shared/posted, submitted and received within the Contest Period to be valid and eligible for the Contest. Sponsor’s computer system is the official time-keeping device for the Contest.
- ELIGIBILITY: Entry in the #UBERmophie Instagram Photo Contest (the “Contest”) is open only to legal residents of the United States or Canada (excluding the Province of Quebec) who are at least eighteen (18) years of age and have a valid public Instagram account and a valid personal e-mail account.
Employees of mophie, LLC (“mophie” or “Sponsor”) and its subsidiaries, affiliates, sales representatives, advertising, promotion, and fulfillment agencies, directors, officers and contractors, (“Contest Entities”) and each of their immediate family members and persons living in their same household are not eligible. Individuals who previously won a prize from Sponsor in any contest or sweepstakes during the previous one (1) year period are ineligible to enter the Contest. All applicable federal, state and local laws and regulations apply. Void where prohibited or restricted by law. Entry in the Contest is in no way sponsored, endorsed or administered by, or associated with Instagram. Entrant understands that he/she is providing his/her information to Sponsor and not to Instagram.
- HOW TO ENTER: During the Contest Period, you may enter the Contest by posting/submitting your Entry(ies) via Instagram as specified below. Data and message rates may apply. Be sure to consult your wireless provider. Sponsor is not responsible for any charges wireless service providers may charge entrant.
A. Instagram Entry. To enter the Contest, you must:
- Be a follower of mophie’s Instagram account at http:/instagram.com/mophie.
- Prepare your Entry by creating an original still photograph of yourself charging your mobile phone in one of the Uber vehicles at the South By Southwest festival (“SXSW”) in Austin, Texas.
- You must use the hashtag #UBERmophie on your Entry to be eligible to win.
- Post/submit your Entry.
- Entrant’s Instagram profile must be set to “public” for the duration of the Contest Period to be eligible.
- Entrant can unfollow @mophie on Instagram and set his/her profile to “private” at any time after the end of the Contest Period.
B. ENTRY LIMIT: Entrants may enter multiple times, as long as the Entries are unique to one another. Multiple entrants are not permitted to share the same e-mail or Instagram account. Any entrant who violates any of these Official Rules during the Contest Period may be disqualified.
C. Please also note the following important entry requirements:
- All Entries will be declared made by the authorized account holder of the e-mail account registered to the Instagram account that posted/submitted the Entry and he/she must comply with these Official Rules.
- Entry posts/submissions generated by script, macro, mechanical or other automated means or by any means which subvert the entry process are void.
- All Entries posted/submitted become the sole property of the Sponsor and will not be returned.
- The Entries posted/submitted must not contain viruses, Trojan horses, worms, bots, spyware or any other computer code that is intended to or may damage, interfere with, or surreptitiously intercept or expropriate any system, data or information.
- Any Entry deemed inappropriate or unsuitable in any respect, in Sponsor’s sole discretion, will be disqualified. Entries must be the original work of the entrants and must not have been previously published elsewhere or entered in another contest. By posting/submitting an image/photograph, you confirm that it is original, violates no copyright laws, and that you have appropriate permission to use it.
- If applicable, Entrant must have permission from all identifiable individuals who appear in the image/photograph to use their likeness in the image/photograph and to grant the rights set forth in these Official Rules. If requested, entrant must be able to provide such permissions in a form acceptable to Sponsor.
- By entering the Contest each entrant agrees that and all rights to his/her Entry, regardless of whether or not it is selected as the winning Entry, including but not limited to copyright and ownership, become the property of Sponsor and will not be returned. Sponsor shall have the exclusive right to use, reproduce, license, transfer or modify any Entry for any purpose, including without limitation television commercials, online commercials, print advertising, and collateral and other marketing items as Sponsor deems fit in its sole discretion. If requested, entrant will within seven (7) days provide a signed release or other documentation in a form to be provided by Sponsor that Sponsor deems to be required for Sponsor or its designees to make use of the rights entrant is granting to use the Entry.
- Entries must not (a) contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement; (b) disparage Sponsor or any other person or party affiliated with the promotion and administration of this Contest; (c) contain material not created by entrant; (d) contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous, or libelous; (e) contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; or (f) contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the Entry is created.
- PRIZES: A total of two (2) prize packages will be awarded in the Contest. One (1) prize package (the “Prize”) will be awarded to the winner in this Contest and one Prize will be awarded to the driver of the Uber vehicle that the winner rode in at SXSW. Each Prize will consist of the following items: (i) One (1) 16GB mophie space pack unit; and (ii) Uber credits valued at One Hundred U.S. Dollars ($100.00 USD). Each Prize has a total Approximate Retail Value of Two Hundred Fifty U.S. Dollars ($250 USD). The Prize is not redeemable for cash or substitution. All expenses and taxes related to the Prize, including federal, state and local taxes, are the sole responsibility of winner. The Prize does not include transportation costs, which are also the sole responsibility of winner.
The Internal Revenue Service (“IRS”) requires Form 1099-MISC to be issued and filed for each Prize recipient who received a prize/award if the annual aggregate is at least Six Hundred U.S. Dollars ($600.00 USD) or more. Winners who are USA residents must complete and submit an IRS W-9 form to receive any prize. The Prize recipient is responsible for any income tax liability and should consult his/her tax advisor and/or independent counsel regarding prize winnings and for the proper tax treatment of this income on his/her tax return.
- SELECTION OF WINNERS:
PRIZE WINNER: The winning photograph for the Prize will be selected by the Judges from among the eligible Entries, based on creativity/originality, quality of photograph, and relevance to Contest theme by the Sponsor on March 17, 2014.
The Judges’ and/or Sponsor’s decisions will be final and binding on all matters related to the Contest.
- NOTIFICATION OF WINNERS: The Prize Winner will be notified on March 17, 2014 by 12:00 p.m. PST via a post sent with Instagram Direct. The winner must respond to mophie at the e-mail address provided in the notification within ONE (1) HOUR from the time said award notification was sent to avoid forfeiture of the Prize.
The potential winner may be required to sign/acknowledge and return applicable tax forms, an Affidavit of Eligibility, Release of Liability and (where legal) Publicity Release to Sponsor shortly after receiving the award notification. If a selected winner cannot be contacted; is ineligible; fails to claim a Prize; and/or where applicable, an appropriate tax form, Affidavit of Eligibility, Release of Liability and/or Publicity Release is not timely executed and delivered to Sponsor, or is incomplete or modified; or if the potential winner fails to comply with any of the terms of these Official Rules; the potential winner may be disqualified, the Prize will be deemed forfeited and, at Sponsor’s sole discretion, an alternate winner may selected from among all remaining valid, eligible entries received and the Prize may be awarded to an alternate winner. Each potential winner may be required to show proof of being the Authorized Account Holder. In the event of a dispute regarding who submitted an Entry, the Entry will be deemed submitted by the Authorized Account Holder of the e-mail account specified in the Entry. “Authorized Account Holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor is not responsible for the failure of any communication, including without limitation, winner notifications via e-mail or Instagram that are the result of technical, system or transmission errors. Sponsor may cancel, modify or suspend the Contest based upon any such error without liability at Sponsor’s sole discretion.
- DELIVERY OF PRIZE: The Prize may be claimed by the Prize winner: (i) at a location to be designated by Sponsor; or, at the Prize winner’s option, (ii) via shipment to a valid address specified by the Prize winner. Winning the Prize is contingent upon fulfilling all requirements set forth herein.
- GENERAL RULES: By entering or participating in the Contest, entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects relative to the Contest. Contest Entities are not responsible for any incorrect or inaccurate information or technical failures of any kind; or for any claims, injuries, losses or damages of any kind resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of the Prize; participation in this Contest or in any activity or travel related thereto or from any interaction with computer Contest information. Contest Entities make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize furnished in connection with this Contest.
- RELEASE AND INDEMNITY: By entering the Contest, each entrant agrees to defend, indemnify, release and hold the Contest Entities and Instagram (collectively, the “Released Parties”) harmless from and against any and all losses, demands, damages, rights, claims, injuries, actions and liabilities of any kind arising out of or related to (i) entrant's participation in the Contest or (ii) entrant's participation in any prize-related activities (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)). Entrants assume all liability for any injury, death, or damage caused, or allegedly caused, in whole or in part, by participating in this Contest or receipt, use or redemption of the Prize.
- LIMITATION OF LIABILITY: Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Sponsor is not responsible for problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers computer equipment, software, failure of any e-mail to be received by the Sponsor on account of technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, including any injury or damage to entrant's or any other person's computer related to or resulting from participation or downloading any materials in this Contest. Under no circumstances will Sponsor award more prizes than the prizes set forth above. In the event that any erroneous duplicative awarding of prizes occurs, the error shall be corrected and the prize awarded to the proper winner based on the criteria set forth above. If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, legal challenges, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, the Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the Contest, and to cancel, terminate, modify or suspend the Contest. Any disputes relating to this Contest or any prizes awarded in connection with the Contest shall be resolved individually without any resort to any form of class action, and any and all claims, judgments and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering this Contest. Under no circumstances shall any entrant be permitted to obtain awards for other damages or have damages multiplied or otherwise increased. SOME JURISDICTIONS MAY PROHIBIT OR LIMIT EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
- GOVERNING LAW; JURISDICTION: These Contest and Official Rules are governed in all respects by the laws of the United States and the State of California without regard to the conflicts of laws principles of any jurisdiction. Any action, suit or case arising out of, or in connection with, this Contest or these Official Rules must be brought in either the federal or state courts located in Orange County, California.
- PUBLICITY: As a condition of entry into the Contest, except where prohibited by law, each entrant by entering and the winner by accepting the Prize grants to the Contest Entities a perpetual, worldwide, irrevocable, fully paid-up, royalty-free, fully sublicenseable and transferable license and right to publicize, broadcast, display and/or otherwise use the Contest entrant’s Contest Entry, name, likeness, entry, nickname, user name, Instagram user name, city, state and/or biographical material (collectively, “Personal Data”), in any media now known or hereafter devised throughout the world in perpetuity for advertising and publicity purposes, without additional review, compensation, permission or approval.
- OFFICIAL RULES/WINNER’S LIST REQUESTS: To obtain a copy of these Official Rules or name(s) of winner(s), available for a period of thirty (30) days after the end of the Contest Period, visit www.mophie.com or send a self-addressed stamped envelope to: #UBERmophie Instagram Photo Contest Official Rules/Winners List Request, 15101 Red Hill Avenue, Tustin, California 92780.
- SPONSOR: This Contest is sponsored by mophie, LLC, 6244 Technology Avenue, Kalamazoo, Michigan 49009, USA (“Sponsor”).
mophie is a trademark of mophie Inc.