HONDA BATTLE OF THE BANDS POWER OF DREAMS NOMINATION CONTEST
OFFICIAL RULES — AMENDED 12/23/15
THE HONDA BATTLE OF THE BANDS POWER OF DREAMS NOMINATION CONTEST (“CONTEST”) IS INTENDED FOR NOMINEES IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY AND SHALL BE GOVERNED BY U.S. LAW. DO NOT ENTER UNLESS YOU ARE ELIGIBLE AND LOCATED IN THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA AT THE TIME OF ENTRY.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED.
POWER OF DREAMS WINNER MUST BE ABLE TO ATTEND THE HBOB SHOWCASE INVITATIONAL ON JANUARY 29-31, 2016, IN ATLANTA, GEORGIA OR PRIZE WILL BE FORFEITED.
1. ELIGIBILITY: Nominators: To be eligible to nominate someone else, you must be a legal resident of the 50 United States or the District of Columbia, and 18 years of age or older at the time of entry (Nominator also referred to as “Participant”). Nominees: To be eligible, a nominee cannot be the same person as the Nominator, must be a legal resident of the 50 United States or the District of Columbia, 18 years of age or older at the time of entry, and have a valid U.S. driver’s license. Employees, officers and directors of the American Honda Motor Co., Inc. (“Sponsor”), Muse Communications, Urban Sports & Entertainment Group, their subsidiaries and affiliated companies, advertising, promotion, or production agencies and Web masters/suppliers (and their respective tax (IRS) dependents, immediate family members [spouse, parent, child, sibling and their respective spouses] and individuals residing in their same household) are not eligible to participate or win. This Contest is subject to all applicable federal, state, and local laws and regulations. In order to enter the Contest or receive a prize, you must fully comply with the Official Rules.
2. CONTEST TIMING: The Contest entry period begins October 30, 2015 at 9:00:01 a.m. Eastern Time (“ET”) and ends at 11:59:59 p.m. ET on December 18, 2015 (the “Contest Entry Period”). Sponsor’s computer is the official time keeping device for the Contest.
3. TO ENTER: During the Contest Entry Period, a nominator can enter the Contest through the website at Hondabattleofthebands.com/power-of-dreams (the “Web site”). At the Web site, follow the online instructions to nominate someone (the “Nominee”) for the Contest by (a) completing the online registration form; and (b) essay explaining how the Nominee actively discovers greatness within others, and why you believe the Nominee should be selected (altogether the "Entry"). All Entries must be received and recorded within the Contest Entry Period. Essays must be typewritten in English, no less than fifty (50) words and no more than five hundred (500) words in length.
Limit one (1) Entry per Nominator for the entire Contest Entry Period. Participants may not enter using multiple email addresses nor may Participants use any other device or artifice to enter under multiple identities. Multiple Participants are not permitted to share the same email address. Any attempt by any Participant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that Participant’s entries and that Participant 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 registration or play, the authorized account holder of the email address used to register will be deemed to be the Participant. 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. Potential winning Nominee and his or her respective Nominator may be subject to verification, in Sponsor’s sole discretion.
4. ENTRY GUIDELINES: By entering, you acknowledge that your Entry may be posted on the Contest Web site and/or Sponsor's Web site, in Sponsor's sole discretion. Sponsor has no obligation to use or post the Entry you submit. By entering you hereby grant Sponsor a license to and Sponsor shall have 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 Entries 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. Entries that are not in accordance with the guidelines as stated herein or are not received during the Contest Entry Period will be ineligible.
By submitting an entry in the Contest, you hereby warrant and represent that your entry conforms to the Entry Requirements set forth below:
Entry cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity;
Entry cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
Entry cannot be obscene or offensive, endorse any form of hate or hate group;
Entry cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies;
Entry cannot infringe on 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, e-mail addresses or street addresses;
Entry cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission; Sponsor does not permit the infringement of others’ rights and any use of materials not original to the Participant (except copyrighted materials owned by Sponsor) is grounds for disqualification from the Contest. Do not copy your favorite movie, book or photo or include materials, images, graphics, music or trademarks belonging to any third parties or incorporate the names, voices, likeness or personas of any party other than yourself unless you have obtained all rights necessary to permit you to use same in connection with your entry and grant the rights herein granted to Sponsor;
Entry cannot infringe on the right of publicity of any person, living or dead, without permission;
Entry cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and
Entry cannot depict, and cannot itself, be in violation of any law.
By submitting an Entry, you warrant and represent that it (a) is your original work; (b) has not been previously published; (c) has not received previous awards; (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (e) that 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, including the Nominee; and (f) that publication of the Entry via various media including Web posting, will not infringe on the rights of any third party. Any such Participant will indemnify and hold harmless Sponsor and Contest Parties from any claims to the contrary. Any Participant whose Entry includes the likeness of third parties or contains elements not owned by the Participant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) 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. Any Entry that, in the sole opinion of Sponsor, is deemed to be inappropriate for publication is ineligible. Incomplete, illegible, false, deceptive or garbled Entries are not eligible. All Entries become the sole property of the Sponsor and will not be acknowledged or returned.
By submitting an Entry, you agree that your submission is gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to disclose or otherwise disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you.
Sponsor reserves the right, in its reasonable discretion, during or upon completion of the Contest Entry Period, to request that any Participant resubmit his or her entry which fails to comply with the Contest entry requirements prior to any judging period. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to Participants. Sponsor reserves the right to waive the Contest entry requirements set forth herein in its reasonable discretion.
5. CONTEST JUDGING: Beginning on or about December 21, 2015, eligible Entries will be judged by a panel of judges whose decisions are final and binding in all matters relating to this Contest, based on the following equally weighted criteria (“Judging Criteria”): (a) Entry demonstrates the Nominee is passionate and involved in the community; (b) Entry demonstrates the Nominee is an advocate for change (ex: social, humanitarian); (c) Entry demonstrates that the Nominee advances knowledge; and (d) Entry demonstrates that the Nominee is an excellent communicator. The Entry with the highest cumulative score for all Judging Criteria, will be deemed the winning Entry by the judges on or about January 8, 2016 (the “Winning Entry”). In the event of a tie, the tie will be broken based on the highest score in the first Judging Criteria, continuing thereafter to each Judging Criteria in order, as needed to break the tie.
ENTRIES IF POSTED TO THE WEB SITE WILL NOT BE EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL PARTICIPANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER.
American Honda Motor Co., Inc. ("American Honda Motor") is committed to complying with U.S. copyright law and to respond to claims of copyright infringement. American Honda Motor will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) ("DMCA"). Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider's Designated Agent. If you think that any entry infringes your intellectual property rights, submit notification to the following Designated Agent for this site in the manner described below:
By Mail: Joseph Juliano, 700 Van Ness Ave, Torrance, CA 90501
By Email: firstname.lastname@example.org
For your complaint to be valid under the DMCA, you must provide all of the following information when providing notice of the claimed copyright infringement:
A. A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
B. Identification of the copyrighted work claimed to have been infringed;
C. Identification of the material that is claimed to be infringing or to be the subject of the infringing activity, and that is to be removed or access to which is to be disabled, as well as information reasonably sufficient to permit American Honda Motor to locate the material;
D. Information reasonably sufficient to permit American Honda Motor to contact the copyright owner, such as an address, telephone number, and, if available, an electronic mail address;
E. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
F. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
For more details on the information required for valid notification, see 17 U.S.C. 512(c)(3).
You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorney’s fees.
6. PRIZE DETAILS: ONLY A NOMINEE IS ELIGIBLE TO RECEIVE A PRIZE, NOMINATORS ARE NOT ELIGIBLE TO RECEIVE A PRIZE. The Nominee of the Winning Entry (“Winning Nominee”) will receive a trip for the Winning Nominee and up to two (2) guests to Atlanta, Georgia between January 29, 2016 and January 31, 2016. The prize trip includes round-trip, coach class air transportation for Winning Nominee and up to two (2) guests from a major commercial airport near Winning Nominee’s home within the U.S. to Atlanta, Georgia up to one (1) double occupancy standard hotel rooms for two (2) nights; VIP access to the Honda Battle of the Bands weekend events; VIP seating to the Honda Battle of the Bands Showcase. WINNING NOMINEE MUST BE ABLE TO ATTEND THE HBOB SHOWCASE INVITATIONAL ON JANUARY 29-31, 2016, OR PRIZE WILL BE FORFEITED.
Approximate retail value (“ARV”): $2,000.00. Actual value of trip may vary based on point of departure and airfare fluctuations. Any difference between stated approximate retail value and actual value of Prize will not be awarded. All prize details not specified in the Official Rules will be determined in Sponsor’s sole and absolute discretion. Certain restrictions and blackout dates may apply. Selection of airline and hotel are solely within Sponsor’s discretion. Meals, gratuities, luggage fees, incidental hotel charges and any other travel-related expenses not specified herein are the sole responsibility of Winning Nominee. All travel must be taken on dates specified or prize will be forfeited and may be awarded to an alternate; no alternative travel dates are available. Exact travel dates and arrangements subject to availability. Winning Nominee and travel guest must travel on same itinerary. If Winning Nominee is eligible, but a minor in his/her state of residence, the travel guest must be Winning Nominee’s parent or legal guardian. A minor may accompany Winning Nominee as a travel guest only if the Winning Nominee is the minor’s parent or legal guardian. Minors must be accompanied at all times during trip (including, but not limited to, in-flight, hotel stay and all prize-related events) by minor’s parent or legal guardian. Travel guests must sign and return a travel release before any ticketing of travel occurs. Winning Nominee and guest must have all necessary identification and/or travel documents (e.g., a valid U.S. driver’s license) required for travel. Once travel guests are selected, they may not be substituted, except in Sponsor's sole and absolute discretion. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. If in the judgment of Sponsor, air travel is not required due to Winning Nominee's proximity to Atlanta, Georgia, ground transportation will be substituted for roundtrip air travel at Sponsor's sole and absolute discretion. The difference in value will not be awarded to the prize Winning Nominee. Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations. Additional prize award details and travel information to be provided to the prize Winning Nominee at the time of notification. Winning Nominee and guest are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged. Seat location of event tickets is in Sponsor’s sole discretion. Tickets are subject to the terms and conditions listed thereon. Sponsor is not responsible for the cancellation or delay of any event, prize activities, or any portion thereof, for any reason, in which event that portion of the prize will be forfeited in its entirety and no substitution will be provided except in Sponsor's sole discretion.
Prize is non-transferable, may not be substituted, except in Sponsor’s sole discretion, and cannot be redeemed for cash. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. Applicable federal, state, local and other taxes and fees associated with the prizes and any expenses related to the acceptance and use of prizes and not specified in these Official Rules are the sole responsibility of the Winning Nominee. Winning Nominee will be issued an IRS 1099 form for prizes valued over $600. Unclaimed prizes will not be awarded.
7. WINNING NOMINEE NOTIFICATION: Participant with the winning Entry will be notified by mail, phone and/or online, on or about January 8, 2016. Sponsor is not responsible for any change in Participant’s mailing address, email, and/or telephone number. Participant and the Winning Nominee (or his or her parent/legal guardian if either Participant or Winning Nominee is a minor) will be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, Publicity Release within seven (7) days of prize notification. Winning Nominee’s guests must complete, sign and return a Liability Release, and where lawful, a Publicity Release, prior to issuance of travel documents. If a guest is a minor, Releases must be signed (on behalf of the minor) by the minor’s parent/legal guardian, who must accompany minor on trip (at his/her own expense if the parent/legal guardian is not the Winning Nominee). If attempted notification is returned as undeliverable, if any required documents are not returned within the required number of days, if Participant or Winning Nominee cannot be verified, or if Winning Nominee is otherwise unable to accept the prize as stated, prize may be forfeited.
By accepting the Winning Entry designation and by the respective Winning Nominee accepting the prize, the Participant that submitted the Winning Entry agrees that his or her Entry will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the Participant that submitted the Winning Entry irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Entry, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. The Participant that submitted the Winning Entry hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that the Participant that submitted the Winning Entry may now or later have to their entry. Sponsor reserves the right to alter, change or modify the winning entry, in its sole discretion. Upon request of Sponsor, the Participant that submitted the Winning Entry shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the entry and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment. Further, Sponsor may request from the Participant that submitted the Winning Entry, that the Participant that submitted the Winning Entry secure from any model(s) or videographer an irrevocable assignment and transfer to Sponsor all of any model(s) or videographer’s right, title and interest in and to the Winning Entry, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. The model(s) or videographer may be required to waive in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that the model(s) or videographer may now or later have in the entry. Should Sponsor fail to request the said model(s) assignment or videographer assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment(s).
9. NO TAMPERING; RIGHT TO CANCEL, MODIFY: Sponsor, Muse Communications, Urban Sports & Entertainment Group and each of their parents, subsidiaries and affiliated companies, advertising and promotion agencies, and all of their respective officers, directors, employees, representatives and agents (“Contest Parties”) shall not have any obligation or responsibility, including any responsibility to award any prize to a nominator or nominee (if any), with regard to: (a) Entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) Entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (c) Nominators or Nominees who have committed fraud or deception in entering or participating in the Contest or claiming a prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the Winning Nominee to accept the prize for any reason; (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Sponsor's reasonable control; or (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this Contest or any prize-related activities, including any travel related thereto.
Sponsor reserves the right, at its sole discretion, to disqualify any individual/account it finds to be tampering with the entry process or operation of Contest or to be acting in a non-sportsmanlike or disruptive manner, or with intent to threaten, abuse or harass any other person or to achieve more entries than entitled or to otherwise disrupt the Contest in any manner. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Contest, Sponsor reserves the right to void the Entries at issue, and/or terminate the relevant portion of the Contest, including the entire Contest, and/or modify the Contest to award the prize using all eligible Entries received as of the termination date. If the Contest is terminated or modified due to technical difficulties or unforeseen events prior to the expiration date of the Contest Entry Period, notice will be posted at the Web site.
10. RELEASE OF LIABILITY; DISCLAIMER OF WARRANTY; FORUM SELECTION CLAUSE: By participating in the Contest, the nominators (and nominator's parent/legal guardian, if nominator is an eligible minor), and nominees (and nominee's parent/legal guardian, if nominee is an eligible minor), agree to release and hold harmless Contest Parties from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation for any claims or causes of action based on publicity rights, defamation or invasion of privacy and merchandise delivery, including any travel related thereto. Sponsor, its parent, affiliates, subsidiaries, partners, representatives, agents, successors, assigns, employees, officers and directors assume no responsibility for any injury or damage to Participant's or to any other person’s computer, regardless of how caused, relating to or resulting from entering or downloading materials or software in connection with this Contest.
As a condition of participating, participants agree Contest Parties are released, will have no liability whatsoever for, and shall be held harmless by participants against any liability for any injuries, losses or damages of any kind to person(s), including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in this Contest or any Contest-related activities, including any travel related thereto; (b) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) 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; and (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, excluding attorneys' fees and court costs. Participants further understand and agree that all rights under Section 1542 of the Civil Code of California ("Section 1542") and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Participants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Participant or Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California. In addition, any dispute relating to the Contest (including these Official Rules) shall be brought in the appropriate state or federal court having jurisdiction over the subject matter located in Los Angeles, California. Participants hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non conveniens or lack of personal jurisdiction they may have.
11. WINNING NOMINEE'S LIST: For the name of the Winning Nominee, visit Hondabattleofthebands.com/power-of-dreams beginning January 31, 2016 and no later than March 31, 2016.
12. SPONSOR: American Honda Motor Co., Inc., 1919 Torrance Blvd, Torrance, California, 90501.