#HOBOPhoto Contest / Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ENTRANTS MUST BE AT LEAST 18 YEARS OLD AND THE AGE OF MAJORITY IN THEIR JURISDICTION OF RESIDENCE. MUST HAVE A PUBLIC TWITTER ACCOUNT TO PARTICIPATE. VOID IN QUEBEC, CANADA AND WHERE PROHIBITED BY LAW. USE CAUTION AND COMMON SENSE WHEN PARTICIPATING IN THIS CONTEST. RESPECT AND ENSURE THE SAFETY OF YOURSELF AND OTHERS. EXCEPT FOR THE MARKS OF THE SPONSOR (ADDRESSED BELOW), ENTRY MUST NOT CONTAIN ANY THIRD-PARTY TRADEMARKS, LOGOS, TRADE DRESS OR PROMOTION OF ANY BRAND, PRODUCT, OR SERVICE.

ELIGIBILITY:

The Onset #HOBOPhoto Contest (“Contest”) call for entry period begins on February 1st, 2015 at 12:00p.m. Eastern Time (“PT”) and ends on March 31st, 2015 at 11:59a.m. PT (“Promotion Period”). The time will be determined by Sponsor’s timekeeping systems, and Sponsor may also rely on the time processing functions of Twitter, as relevant. Sponsor has the sole discretion in determining the timeliness of any action or inaction related to this Contest. All times mentioned in these Official Rules are Eastern Time unless expressly noted otherwise.

The Contest is open to individuals who are at least 18 years old and the age of majority in their jurisdiction of residence. To participate, entrants must have a Twitter® account that is open to the public (an account where anyone can subscribe to follow your photos).

If you are not a registered user of Twitter, you can go to www.twitter.com to sign up for Twitter. There is no fee or charge to become a registered user of either of these services.

TO ENTER:

During the Promotion Period, (i) follow @HOBODataLoggers on Twitter, (ii) take a picture of your HOBO Data Logger in a monitoring application (the “Theme”), and (iii) and post the photo in a tweet to "@HOBODataLoggers” and the hashtag “#HOBOPhoto” in the caption for the uploaded image. Sponsor is not collecting any information that would qualify as personal data during the entry process.

In the planning, creation, and distribution of your entry (including, without limitation, the submitted image), you warrant and represent that you will abide by all laws, regulations, and ordinances and that you will not harm, attempt to harm, or threaten to harm any person (including yourself) or property. You further warrant and represent that you will take the highest level of care in planning, creating, and distributing your entry (including, without limitation, the submitted image).

REQUIRED REPRESENTATIONS AND WARRANTIES:

To be eligible, all entries (including, without limitation, the submitted image and its caption) must comply with the following criteria (collectively, the “Required Representations and Warranties”):

  • Your entry and image must be your own original work, created and shot by and/or featuring you; must not have been previously published, released or distributed in any form; must not have been entered into any other drawing or competition nor won any award. Modification of an existing image does not count as original for purposes of this Contest. The entry and image must not contain any material that would violate or infringe upon the rights of any person or entity, including without limitation copyrights, trademarks or rights of privacy or publicity, or that is defamatory, threatening, indecent, obscene or offensive, or that is unlawful, in violation of or contrary to any applicable laws or regulations, or which requires a license from any third party.
  • You represent that you have the express consent of any identifiable persons appearing in the entry or image to their likeness being used in the ways set out in these Official Rules, including Sponsor’s right to use the entry and image for any future commercial purpose without restrictions. Upon request, you will obtain written consent of any such persons for Sponsor. If any person appearing in the entry or image is under the age of majority in their jurisdiction of residence, the written consent and signature of a parent or legal guardian is required. The entry and image must not contain any personally identifiable information of any person.
  • Except for the marks of the Sponsor (addressed below), the entry and image must not contain or reference any names, products or services of any company or entity or any third party trademarks, logos, trade dress or promotion of any brand, product, or service. Sponsor grants you the limited permission to display its marks and products in your entry and image solely for purposes of entering this Contest and subject to these Official Rules.
  • The entry and image must be appropriate for public viewing. Without limiting the foregoing, the entry and image must not be lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, violate any laws or otherwise contain content which Sponsor in its sole discretion decides is inappropriate or objectionable. Your entry must also not disparage or cast a negative light on any person, entity, or brand, product, or service.
  • The entry and image must comply with all of Twitter's requirements and terms The Twitter Rules regarding the use of their services.

Entries (including, without limitation, the submitted images and their captions) that do not comply with the above requirements may not be eligible and, if submitted, may be removed at any time in Sponsor’s sole discretion. Sponsor reserves the right in its sole discretion to disqualify any entry that it believes violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these Official Rules. Entrants agree to reimburse Sponsor and Sponsor Affiliates in full in respect of any losses, damages, and expenses, including reasonable attorney fees that they may sustain from the breach of a representation or warranty made by the entrant or the use of any rights granted by the entrant to Sponsor hereunder. By entering, entrant warrants that the submitted entry and image comply with the entry requirements set out above including those at (i)-(v) above. By entering, entrant grants to Sponsor a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, sub-licensable, freely assignable license to reproduce that entry and image and to otherwise use, exploit, copy, modify, adapt, edit, publish and display the entry and/or image in any form, manner, venue, media or technology now known or later developed for any and all purposes, including, without limitation, for purposes of trade, advertising, and promotion as Sponsor and its licensees or assignees determine, without further compensation, notification, or permission. Further, by entering, the entrant hereby waives any moral rights the entrant may have in the entry and/or image in favor of the Sponsor.

 

By submitting an entry and/or image also grants to Sponsor the worldwide, perpetual, irrevocable, fully sub-licensable, and freely transferable right, but not the obligation, to use any and all names, identities, titles, likenesses, distinctive appearances, physical likenesses, images, portraits, pictures, photographs (whether still or moving), screen personas, voices, vocal styles, statements, gestures, mannerisms, personalities, performance characteristics, biographical data, signatures, and any other indicia or imitations of identity or likeness listed, provided, referenced, or otherwise contained in the entry and/or image (all attributes, collectively, per person, a “Persona”) for purposes of advertising and trade, in any format, medium, or technology now known or later developed without further notice, approval, or compensation, unless prohibited by law.

 

The sole consideration for this comprehensive assignment and grant of rights shall be to get the chance to win a prize in the Contest.

 

Sponsor is further irrevocably entitled to assign the rights entirely or in part to any third parties and to grant any sublicenses respectively rights of exploitation and/or exploitation permissions or to exercise the rights in its own name or through third parties.

 

Sponsor reserves the right to disqualify any entrant in its sole discretion. If any process fails to operate properly or appears to be tampered with or tainted with errors, fraud or unfair practices, Sponsor reserves the right to use another means to determine the winner(s), i.e. ask the Finalist Judge to determine qualifying entries. All entries are subject to verification.

WINNER SELECTION:

After the Promotion Period, a qualified representative selected by Sponsor (the “Finalist Judge”) will review the eligible entries. The Finalist Judge will judge each eligible entry based on the following criteria:    TBD  . The Finalist Judge will determine the winner. The odds of being selected as a Finalist will depend on the number of eligible entries received and the caliber of eligible entries received based on the Criteria. The selected winners are subject to verification of eligibility.

 

PRIZES: The following prizes will be awarded as indicated below:

Winner: The one (1) potential Grand Prize Winner will, upon verification, receive: (1) HOBO Data Logger and (1) copy of Onset HOBOware Pro software. The approximate retail value of the Finalist Prize is $250. Any other costs and expenses associated with prize acceptance and use not specifically provided herein are the responsibility of the winning entrant. Restrictions, conditions, and limitations may apply. Prizes are awarded "AS IS." Neither Sponsor nor Sponsor Affiliates make or offer any warranty or guarantee, either express or implied (including, without limitation, quality, merchantability and fitness for a particular purpose) in connection with this Contest or any prize. No issuer of any offered prize is sponsoring the Contest. Prize details and availability are subject to change, in which case a prize of equal value may be substituted at Sponsor's sole discretion. Prizes consist only of the items listed, are non-transferable, with no cash redemption or substitution except at Sponsor's sole discretion. Federal/country, province, state, or local taxes on prizes, if any, and any other costs, fees or expenses not listed above are the sole responsibility of each winner.

WINNER NOTIFICATION/RELEASES:

On or around the day following the close of the Promotion Period, Sponsor will notify the potential winner. The potential prize winners will be required to provide a Twitter account for communication. If a potential winner does not respond within twenty-four (24) hours after the first attempted contact from Sponsor (whether requesting a Twitter account or any other communication), he or she will be disqualified and the prize awarded to an alternate winner as determined by the Finalist Judge. The potential prize winner(s) may be asked to provide confirmation that he or she is the owner of the relevant Twitter account. Each potential winner may be required, in Sponsor’s sole discretion, to complete and return an Affidavit of Eligibility, a scan or photo of legal ID, Release of Liability and/or, if legally permissible, a Publicity Release within twenty-four (24) hours of attempted delivery of same. Under no circumstances will more than the advertised number of prizes be awarded.

 

By entering and/or participating, entrants agree:

  • To be bound by these Official Rules and Sponsor’s Privacy Policy as set forth in these Official Rules;
  • That the decision of the Sponsor is final and binding on all matters relating to the Contest;
  • To be contacted by Sponsor by direct message on Twitter, e-mail, telephone, and/or mail; and
  • To release and hold Sponsor and the Released Parties (defined below) from and against any and all liability for injuries and/or damages (including death) sustained in connection with acceptance, possession, use and/or misuse of a prize or related to participation in the Contest and/or the Event.

PUBLICITY & MARKETING:

Submission of an entry and/or image in the Contest constitutes permission to the Sponsor to use entrants’ name, identity, title, likeness, distinctive appearance, physical likeness, image, portrait, picture, photograph (whether still or moving), screen persona, voice, vocal style, statements, gesture, mannerism, personality, performance characteristic, biographical data, signature, and any other indicia or imitation of identity or likeness for purposes of advertising and trade, in any medium, without further notice, approval, or compensation, unless prohibited by law. Submission of contact information in connection with this Contest (whether or not required), including, without limitation, mailing address, phone number, email address, and Twitter handle, during entry constitutes permission for Sponsor to use entrant’s personal information for purposes of administration of the Contest. Entrants also may opt-in to be added to Sponsor’s customer database and to permit Sponsor to contact entrant in the future for promotional and other reasons. You may opt-out of receiving such communications as set forth in Sponsor’s Privacy Policy (located at www.onsetcomp.com) or as provided within any such marketing materials (e.g., using the “Unsubscribe” feature provided in the footer of Sponsor’s e-mails). You understand that you are providing your information to Sponsor and not to Twitter. The information you provide will only be used in accordance with Sponsor’s Privacy Policy.

NO LIABILITY & INDEMNIFICATION:

By entering this Contest, you agree to release, discharge and hold harmless Sponsor, Sponsor Affiliates,  Twitter Inc., and their respective directors, officers, employees, agents and assigns (the “Released Parties”) from any claims, losses, and damages arising out of, or relating to, your participation in this Contest or any Contest-related activities (including, without limitation, the Event) and the acceptance and use, misuse, or possession of any prize awarded hereunder (including, without limitation, any misrepresentation made by the entrant in connection with the Contest; any non-compliance by the entrant with these Official Rules; claims brought by persons or entities other than the parties to these Official Rules arising from or related to the entrant’s involvement with the Contest; acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in this Contest; any malfunction, error or other problem arising in connection with the collection, processing, or retention of entry information; or any typographical or other error in the printing, offering or announcement of any prize or winner). The foregoing includes, without limitation, any claim for personal injury, property loss or damage, or death arising in any way in connection with the Contest.

OTHER TERMS:

Decisions of Sponsor on all matters related to the Contest are final and binding. Sponsor reserves the right to cancel or modify the Contest for any reason, including but not limited to, if fraud, misconduct or technical failures destroy the integrity of the Contest, or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper administration of the Contest as determined by Sponsor, in its sole discretion. Sponsor reserves the right to disqualify or prohibit the participation of an individual if fraud or tampering is suspected, or if the individual fails to comply with any requirement of participation or with any provision in these Official Rules. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL & CIVIL LAWS. SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND/OR SEEK DAMAGES FROM ANY INDIVIDUAL MAKING ANY SUCH ATTEMPTS TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.

GOVERNING LAW & MANDATORY ARBITRATION:

All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of participants or Sponsor in connection with the Contest shall be governed by and construed in accordance with the laws of Massachusetts, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws, and all entrants shall be deemed to have agreed to submit to the exclusive jurisdiction of the Massachusetts courts. Claims may not be resolved through any form of class action.

SEVERABILITY:

If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.

NO AFFILIATION WITH TWITTER:

This Contest is in no way sponsored, endorsed or administered by, or associated with Twitter, or any other named or depicted people or entities other than Sponsor. Any questions, comments or complaints regarding the Contest should be directed to Sponsor.

WINNER LIST:

The winners will be announced on a TBD date.

SPONSOR:

Onset Computer Corporation

470 MacArthur Blvd.

Bourne, MA 02556