LACOSTE #BEAUTIFULTENNIS Contest

Terms & Conditions

NO PURCHASE NECESSARY.  VOID WHERE PROHIBITED.  PARTICIPATION IN THIS CONTEST CONSTITUTES YOUR ACCEPTANCE OF THESE CONTEST TERMS & CONDITIONS.

Note: If you are not available to attend The Miami Open presented by Itau on the day you are awarded the prize which will be between March 21-April 1, 2016 you will not be able to enjoy the prize and the prize will be forfeited without any compensation.

1. Eligibility: NO PURCHASE NECESSARY. VOID WHERE PROHIBITED BY LAW. To be eligible to participate in the #BEAUTIFULTENNIS Contest (“Contest”) you must be: (1) a resident of the forty-eight (48) contiguous United States (including the District of Columbia); (2) at least 21 years of age or older at the time of entry; and (3) have an account on Twitter or Instagram as of the date of entry.  Employees and representatives of Lacoste USA, Inc., its subsidiaries, affiliated companies, agents, and their immediate family members (defined as spouse, parents, siblings and children) and persons living in the same household, are not eligible to participate or win. Sponsor (as defined below) reserves the right to verify eligibility and to adjudicate on any dispute at any time. Note: If you are not available to pickup your prize  within 36 hours of winning  , you will not be able to enjoy the prize and the prize will be forfeited without any compensation.

2. Sponsor: The sponsor of this Contest is Lacoste USA, Inc. located at 551 Madison Avenue, Suite 1600, New York, NY 10022] (“Sponsor”).  

3. Term: The Contest begins on 03/21/16 at 12:01 a.m. Eastern Time (“ET”) and ends on 03/30/16 at 12:01 a.m. Eastern Time (“ET”) (“Contest Term”).

4. How to Enter: There are several steps involved in entry.  First, you visit your page on one of the following social media platforms:  Twitter or Instagram (“Social Media Site”). Then, you must submit a video or photograph depicting a beautiful tennis image  Include #beautifultennis and @Lacoste in your submission.   To be eligible for a prize, entry must meet the “Entry Requirements” described below. 

LIMIT: You may enter as often as you’d like.

5. Entry Requirements

To be eligible for any prize, Entrant must submit an entry that meets the following requirements (“Entry Requirements”): 

• Must not violate the terms of the Social Media Site used to submit the entry and must meet the following:
  1. The user’s Social Media Site account must not be set to private
  2. Must contain the hashtag #beautifultennis and @Lacoste
• Any image that is submitted must meet the requirements of the Social Media Site used to submit it. 
• Must depict “beautiful tennis” each day. 
• Entries must be in English.
• Must be within the general spirit of the Contest and meet the following requirements:

1. Must not violate or infringe the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy or other proprietary rights (see “Warranty” Section below for more details);
2. Must not display any individual who is not the entrant without such individual’s consent;
3. Must not be unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, or contain explicit or graphic descriptions or accounts of, sexual acts, or otherwise contain any other content that is objectionable;
4. Must not victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
5. Must be within the general spirit and guidance of the Contest, including meeting the terms of these Official Rules and the Entry Requirements;
6. Must not affect Sponsor’s image, trademarks and/or products;
7. Must not contain an advertisement or solicitation not affiliated with the Sponsor;
8. Must not discuss Lacoste or competitor by name;
9. Must not contain any musical recording, imagery, content or other element that is owned by a third party.

Sponsor may disqualify an entry for failing to meet the Entry Requirements at any time after submission.   

To be eligible, the Sponsor must receive the entry during the Contest Term.  Entries that arrive after the end of the Contest Term will not be considered. 

6.         INTELLECTUAL PROPERTY RIGHTS

Warranty.  By entering the Contest, entrant warrants and represents that the entry submitted by entrant is his/her own original work created and recorded by entrant, has not been previously published, has not won a previous prize or award, that entrant owns or otherwise controls all of the rights to the entry and the video or photograph  submitted by entrant does not violate any law, regulation or any right of any third-party, including but not limited to rights of copyright, trademark, publicity and/or privacy.  Please understand that submitting any materials that are copyrighted by another individual, or otherwise subject to the rights of another individual, will make entrant responsible for any legal action the legal rights holder might take against entrant or in relation to the entry.

License.  By submitting an entry into the Contest, entrant grants to the Sponsor the right, without limitation, to display the entry, including without limitation the video or photograph, online and in any media now known or hereinafter developed.  Further, entrant agrees to grant to the Sponsor all rights of ownership, reproduction, and use of the entry, including without limitation the video or photograph and any ideas expressed therein, for any purpose whatsoever without compensation or further permission, including but not limited to an irrevocable and perpetual, royalty-free, worldwide right, in all media (now known or later developed) to assign, license, use, publish, edit, adapt, modify, alter, reproduce, distribute, broadcast, display, copyright, create derivative works or otherwise exploit the entry, including without limitation the video or photograph and the ideas expressed therein, for commercial or non-commercial use, and without compensation to entrant. 

7. Prize: One (1) daily prize will be awarded following the Contest Term, consisting of two (2) tickets to the Miami Open presented by Itau.  Note:  To enjoy the  prize, the winner must be able to attend the Miami Open presented by Itau on or about March 21, 2016 to April 1, 2016.  If you are unavailable during this time period, please do not enter.  Approximate Retail Value (“ARV”) of the prize: $500-13600[A1] . Odds of winning are dependent on the number of eligible entries received and the submissions received by the Sponsor. No other costs or fees of any kind associated with the winner’s attendance to the Miami Open presented by Itau will be awarded.  Winner is responsible for any travel or lodging fees. 

8. Winner Selection & Notification: One winner will be selected daily at or about 6pm EST, a panel of judges employed by Sponsor will evaluate the entries and will select one (1) potential winner.  The judges will evaluate each entry and will select the potential winner based on the following criteria: 

• Quality of photograph or video and its ability to capture a beautiful tennis moment of the participant’s life.  50%
• Overall meaning of message and how it demonstrates that the entrant “lives beautifully”.  50%

The potential winners will be notified by direct message through the platform of submission, twitter or Instagram on or about 6pm EST each day during the Contest Term.. Except where legally prohibited, each potential winner must sign and return, within 24 hours days of being notified (or within the time period stated on the notification), an Affidavit of Eligibility, Liability & Publicity Release (where legal) in order to claim his/her prize. If any potential winner fails to sign and return the Affidavit of Eligibility, Liability & Publicity Release (“Release Document”) within the required time period, or the prize notification is returned as undeliverable or is ignored, or in the event that the potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner selected by a random drawing from among all remaining eligible entries. 

All potential winners are subject to verification by Sponsor, whose decisions are final AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. An entrant is not a winner of any prize unless and until entrant's eligibility has been verified and entrant has been notified that verification is complete. Prizes are non-transferable and no substitution will be made except Sponsor reserve the right, in its sole discretion, to substitute any prize for one of equal or greater value for any reason. This Contest is in no way sponsored, endorsed or administered by, or associated with, Twitter or Instagram.  Sponsor’s use of third-party trademarks does not imply that any third party endorses, sponsors or is otherwise affiliated with the Contest. All trademarks are property of their respective owners. Each prize consists of only those items specifically listed. Expenses not specifically stated above (including, but not limited to taxes, fees, meals, gratuities, insurance, incidentals, and transportation), together with the reporting and payment of all applicable taxes, fees, duties, gratuities, and/or surcharges, if any, arising out of, or resulting from, acceptance or use of any prize, are the sole responsibility of the winner. Other restrictions, conditions, and/or limitations may apply. ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).

Additional Terms for Daily Prize: The daily prize winner understands and agrees that Sponsor has the right to disqualify and remove the winner or his or her guest from any activity at any time without compensation if the winner’s or his or her guest’s behavior at any point is uncooperative, disruptive, or may or does cause damage to person, property, or the reputation of Sponsor or prize provider or otherwise violates the policies of the Sponsor or prize providers, and in such a case, winner will still be solely responsible for all taxes and other expenses related to the Prize.  Winner may be accompanied by a “Guest” to the Miami Open presented by Itau. Guest must be at least 21 years or older. Guest will be required to sign the Release Document.  In the event Guest refuses to sign the Release Document, winner may be required to select an alternative Guest. Winner and Guest are solely responsible for providing all necessary identification documents.  Sponsor is not responsible for lost or stolen tickets/itinerary/identification, etc. winner is solely responsible for all federal, state and local taxes and any other costs, incidentals, and any other expenses associated with acceptance and use not specifically mentioned as being provided, including, but not limited to, and items not included as part of the winning Grand Prize package. All other expenses and incidentals not specifically mentioned as being included are excluded and are the Prize winner’s sole responsibility.  Prize is non-commissionable and no substitutions, transfers, or cash equivalents for the Prize (or prize component) are permitted, except that Sponsor may substitute a prize component of equal or greater value for any reason. Prize is non-transferable and no substitution is permitted, except by Sponsor (as defined above) who reserves the right, in its sole discretion, to substitute the prize for one of equal or greater value, if prize becomes unavailable.  The Grand Prize winner will be solely responsible for all applicable federal, state and/or local taxes, and for any other fees or costs associated with the prize awarded.   

9. Release and Limitations of Liability: By entering the Contest, each entrant agrees to release and hold harmless Sponsor and its vendors, suppliers, affiliates, distributors, advertising/promotion agencies, and each of their respective parent companies and each such company’s officers, directors, employees, and agents, as well as Twitter, and Instagram (collectively, the “Released Parties”) from and against any liability, claim or cause of action, including, but not limited to personal injury, death, damage, or loss arising out of participation in the Contest or receipt, use, or misuse of any prize or any portion of any prize. By entering the Contest, entrants further agree that any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorneys' fees and that under no circumstances will an entrant be permitted to obtain awards for, and all entrants hereby waive all rights to claim 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

 

The Released Parties are not responsible for (1) any incorrect or inaccurate information, whether caused by an entrant, printing errors, or by any of the equipment or programming associated with or utilized in the Contest; (2) unauthorized human intervention in any part of the entry process or Contest administration; (3) technical or human error which may occur in the administration of the Contest or the processing of entries; or (4) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from any entrant’s participation in the Contest or receipt, use or misuse of the Prize or any portion of the Prize. If for any reason an entrant’s entry is confirmed to have been lost or otherwise destroyed or corrupted during the Contest Period, the entrant’s sole remedy is another entry in the Contest.  No more than the stated number of Prizes will be awarded.

 

10. Publicity: Except where prohibited, participation in the Contest constitutes the winner’s consent to Sponsor and it’s agents’ use of the winner’s name, likeness, photograph, voice, opinions, and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.

 

11. General Conditions: By participating in the Contest, each entrant accepts the conditions stated in these Terms & Conditions, agrees to be bound by Sponsor’s decisions, and warrants that he or she is eligible to participate in this Contest. Failure to comply with these Terms & Conditions may result in disqualification from the Contest. Entrants further agree to comply with and be bound by decisions of Sponsor, which shall be final in all respects. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be: (a) tampering or attempting to tamper with the operation of the Contest or Sponsor’s web site(s); (b) violating these Terms & Conditions; (c) violating the conditions of service, conditions of use and/or general rules or guidelines of any of Sponsor’s property or services; or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.

 

Sponsor reserves the right to cancel, suspend, and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in their sole discretion. Sponsor reserves the right in its sole discretion to disqualify from this Contest any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Terms & Conditions or in an unsportsmanlike, fraudulent, or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor reserves the right to correct clerical or typographical errors in promotional materials. Sponsor’s failure to enforce any term of these Terms & Conditions shall not constitute a waiver of that provision.

12. Privacy: By participating in the Contest, you consent to the collection, use and disclosure of your personal information as described in Lacoste’s privacy policy, located at http://www.lacoste.com/us/PrivacySecurity.html. 

13. Governing Law: The Contest is subject to all federal, state, and local laws. The Terms & Conditions are governed and interpreted by the laws of the State of New York, without regard to its conflict of law provisions.

14. Terms & Conditions: This document constitutes the Terms & Conditions and will be available at this site during the Contest Term. A copy of the Terms & Conditions may also be obtained by sending a self addressed, stamped envelope to: [551 Madison Ave, New York, NY 10022]. Note: Vermont residents may omit return postage.