NO PURCHASE OR PAYMENT REQUIRED
1. ELIGIBILITY: The ASTRO Speaker Tag Design Competition (the “Competition”) is open to any person or entity with a Facebook ID that is at least fourteen (14) years of age or older as of the date of entry, regardless of the country of citizenship. Employees of Skullcandy Inc., its advertising agencies, its contractors, or other companies associated with the promotion of the Competition, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Competition is subject to United States federal, state, and local laws and regulations and is void where prohibited by law. This Competition is being administered in the United States and shall only be construed and evaluated according to United States law, and specifically the law of the State of Utah. VOID WHERE PROHIBITED.
2. SPONSOR: The Competition is sponsored by Skullcandy Inc., 1441 West Ute Blvd., Suite 250, Park City, UT 84098 (the “Sponsor”).
3. AGREEMENT TO OFFICIAL RULES: Participation in the Competition constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right to disqualify any Entry, at any time, for any violation of the Official Rules, or for any other reason at its sole discretion.
4. ENTRY PERIOD: The Competition begins at 12:00 PM Pacific Standard Time (“PST”) on August 11, 2011 and ends at 11:59 PM PST on September 8, 2011 (the "Entry Period"). Entries submitted prior to or after the Entry Period will be disqualified.
5. DESIGN A SPEAKER TAG: Design speaker tags that encompass video games and the lifestyles of gamers. Incorporating original artwork inspired by favorite video games, 8-bit style, and gaming lifestyle.
Your Design must be submitted in JPEG format with the Photoshop layers “Preview” enabled and have a size no greater than 1MB. You may complete your design in any format (printed illustration, digital vector files etc.), but it must be submitted to us in electronic format as a JPEG. Please maintain all artwork in the original Photoshop template provided. Please see the “Requirements for Entries” section below for more details.
6. SUBMIT YOUR DESIGN: Visit the Speaker Tag Design Competition application (the “Application”) during the Entry Period, click on “Submit an Entry,” and follow the instructions to submit your artwork. Once you have submitted your artwork, you will have the opportunity to share your Design via Facebook and Twitter and answer several questions. The Design submission, along with your answers to the questions, will constitute your Entry. There is no limit to the number of Entries that can be submitted for each Facebook ID. Entries may be submitted as a team or on behalf of an entity. Only one prize will be awarded per Facebook ID regardless of the number of Entries submitted.
7. REQUIREMENTS FOR ENTRIES: Entries must be in English and may not contain any copyrighted, patented, or trademarked elements other than elements owned by you. Moreover, Entries may not include individual names, names of any companies or brands. Any elements that appear in the Entry must be entirely original or created by you. Use of any elements that are not original will result in disqualification of an Entry, in the Sponsor’s sole discretion. Notwithstanding the foregoing, you are permitted and encouraged to include citations to other works in your Entry.
8. YOUR REPRESENTATIONS: By submitting an Entry, you represent that (a) the Entry is original, (b) you are the sole creator of the Entry, (c) the Entry does not infringe the intellectual property rights, including, any patent, copyright, trademark or other proprietary rights of any third party, (d) the Entry has not previously been entered in any other contest or competition, (e) the Entry has not been previously published in any medium, (f) the Entry does not violate any local, state, national or foreign laws and (g) if you are a professor or university employee you also represent that your participation and eligibility to enter the competition and accept a prize complies with all applicable university policies and that you have obtained any authorizations required for participation and prize eligibility from the university ethics or compliance office.
9. PRIZES: One A30 Grand Prize and one A40 Grand Prize will be awarded to Finalists selected from the entries at the sole discretion of Sponsor as detailed below.
A single A30 Grand Prize Winner (the “A30 Winner”) will be selected from the Finalists. The A30 Winner will be selected from the nine Finalists. The winner will be selected based on the entry that best fits the headset as determined by the Judging panel. The Judging panel consists of ASTRO Gaming staff and the iam8bit team. Judging criteria includes artistic merit, relevancy to gaming and gaming lifestyle, uniqueness, voter popularity and potential commercial appeal. The A30 Grand Prize winner will receive an A30 Wireless or Audio System bundle, an ASTRO Scout backpack, an ASTRO Headset Stand and 3 sets of A30 speaker tags featuring the design of their entry. The A30 Grand Prize winner will also have their entry featured as an ASTRO A30 Special Edition Headphone available at http://www.astrogaming.com/.
A single A40 Grand Prize Winner (the “A40 Winner”) will be selected from the Finalists. The A40 Winner will be selected from the nine Finalists. The winner will be selected based on the entry that best fits the headset as determined by the Judging panel. The Judging panel consists of ASTRO Gaming staff and the iam8bit team. Judging criteria includes artistic merit, relevancy to gaming and gaming lifestyle, uniqueness, voter popularity and potential commercial appeal. The A40 Grand Prize winner will receive an A40 Wireless or Audio System bundle, an ASTRO Scout backpack, an ASTRO Headset Stand, and 3 sets of A40 speaker tags featuring the design of their entry. The A40 Grand Prize winner will also have their entry featured as an ASTRO A40 Special Edition Headphone available at http://www.astrogaming.com/.
A Finalist Prize will be awarded to each Finalist not selected as the A30 or A40 Grand Prize winner. The Finalist Prize will be a single set of speaker tags featuring the design of their entry. Each Finalist may choose whether to receive A30 or A40 speaker tags.
Any prize details not specified above will be determined by the Sponsor in its sole discretion. Prizes are not transferable or refundable and must be accepted as awarded. No cash or other substitution may be made, except by the Sponsor, who reserves the right alter prizes if required by local laws or as deemed necessary at the sole discretion of the Sponsor. Each winner is responsible for any and all other costs and taxes associated with the receipt of a prize. If a selected winner cannot be contacted, does not respond in a timely fashion as determined by Skullcandy Inc., is ineligible, or is otherwise unavailable, the prize may be forfeited and an alternate winner selected from remaining valid, eligible entries timely submitted. Sponsor reserves the right to change the award for any of the A40 Winner, A30 Winner, and Finalize Prize Winners at its sole discretion and without advance notice to the respective winners or entrants.
10. SPONSOR’S RIGHTS TO ENTRIES: You will retain ownership of your Entry, including all intellectual property rights which may exist in your Entry. Sponsor shall not acquire any right, title or ownership interest to your Entry. However, by submitting an Entry, you grant the Sponsor the unconditional and perpetual right, license and consent to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, produce, sell, and exhibit the Entry, or images of your Entry in any media throughout the world in relation to the Competition, without limitation, and without additional review, compensation, or approval from you or any other party. Sponsor shall have the right, but not the obligation, to use your name, likeness, biography and other information about you in connection with your Entry. By submitting an Entry, you further agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Sponsor, or any other person, on the grounds that the Sponsor’s use of your entry as set forth in these Official Rules infringes any of your rights, including, without limitation, copyrights, patent rights, trademark rights, or moral rights. You further acknowledge that the Sponsor is in no way obligated to protect any intellectual property rights which may exist in the Entry or to publish or use your Entry in any way. It is your sole responsibility to secure any intellectual property rights which may exist in your Entry, whether before or after it is submitted. Nothing herein shall constitute an employment, joint venture, or partnership relationship between you and the Sponsor. In no way are you to be construed as the agent or to be acting as the agent of the Sponsor.
11. DISCLOSURE OF ENTRY: You submit your Entry at your own risk. By submitting an Entry, your ideas, designs and materials may be made available to the public. It is your sole responsibility to secure any intellectual property rights which may exist in your Entry, whether before or after it is submitted. By submitting an Entry, you further acknowledge and agree that the Sponsor and its designees, or other contestants, may have created on their own, or may independently create in the future, a design that may be similar or identical to your Entry. You hereby waive any and all claims you may have, and/or may have in the future, that the Entry accepted, reviewed and/or displayed and distributed by the Sponsor and its designees, or submitted by other contestants, may be similar to your Entry. If you have any concerns that your intellectual property rights may be disclosed to the public or otherwise compromised, you should seek further legal guidance before entering the Competition. It is your responsibility to determine whether your university or employer may own any ownership rights in and to the Entry prior to your submission of the Entry.
12. PUBLIC VOTING: All Entries submitted on the Application during the Entry Period be open for voting by visitors to the Application. Visitors will be allowed to rate each Entry according to the Judging Criteria. Single votes may be cast per Facebook ID each day during the Judging Period for multiple entries. Use of any automated system to rate an Entry is prohibited and will result in disqualification. At the end of the Entry Period, the nine (9) designs with the highest number of votes (the “Finalists”) will proceed to Judging. In the event of a tie, the Sponsor will reevaluate each Entry involved in the tie and determine the Finalists at their sole discretion.
13. JUDGING: After the Entry Period, a panel of Judges selected by the Sponsor will select an A30 Winner and an A40 Winner according to the Judging Criteria set forth below. The decisions of the Judges are final and non-appealable. The odds of being selected as an A30 Winner or A40 Winner depend entirely on the quality of the Entry pursuant to the Judging Criteria, relative to the performance of all entrants and the number of eligible entries received, and does not involve chance. The Sponsor has final selection in who is chosen for to be the A30 Winner and A40 Winner.
14. JUDGING CRITERIA: All Entries will be judged according to the following equally-weighted Judging Criteria.
15. VERIFICATION: Sponsor reserves the right to independently verify the originality and ownership of the Entry, and to validate that the Entry does not violate the proprietary rights of any third party.
16. FINALIST REQUIREMENTS: Except where prohibited, a Finalist may be required to complete and return an affidavit of eligibility and a release form (the “Affidavit/Release”) within seven (7) days of being notified. If a Finalist fails to sign and return the Affidavit/Release within the required time period, an alternate Finalist will be selected in his/her place according to the Judging Criteria.
18. GENERAL CONDITIONS: In the event that the operation, security, or administration of the Competition is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either: (a) suspend the Competition to address the impairment and then resume the Competition in a manner that best conforms to the spirit of these Official Rules; or (b) award the prize according to the Judging Criteria from among the eligible entries received up to the time of the impairment. The Sponsor reserves the right in its sole discretion to disqualify any participant (whether an individual or a part of a team) who: 1) provides false registration information, 2) is found to have tampered with, or attempted to tamper with the entry process or the operation of the Competition, 3) is found to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner, or 4) any other reason determined at the sole discretion of the Sponsor. Any attempt by any person to undermine the legitimate operation of the Competition may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that term. In the event of a dispute as to any online entry, the authorized account holder of the Facebook ID used to enter the Contest will be deemed to be the participant. The “authorized account holder” is the natural person who is assigned to a Facebook ID.
19. CONTENT: By participating in the Competition, you agree that your Entry, including but not limited to, any uploads, text, links, communications, software, images, sounds, data, or other information, will not contain any content that:
20. RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Competition, you agree to release and hold harmless the Sponsor, its parent and related companies, and their respective officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Competition or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Competition; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Competition or the processing of entries; (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from your participation in the Competition or receipt of any prize; or (g) losses, damages, actions, and expenses (including attorney fees) for infringement of any third party intellectual property rights in connection with your Entry. You further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Competition, and in no event shall the Released Parties be liable for attorney’s fees. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
21. DISPUTES: Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of, or connected with, the Competition or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of Utah. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of the Sponsor in connection with the Competition, shall be governed by, and construed in accordance with, the laws of the State of Utah, without giving effect to any choice of law or conflict of law rules (whether of the State of Utah or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Utah.
22. SEVERABILITY: If any term of these Official Rules shall be found to be void or contrary to law, such term shall be deemed to be severable from the other terms and provisions herein, and the remainder of these Official Rules shall remain in effect.
23. RESULTS: The Finalists and Winners will be posted on the Website and on www.facebook.com/astrogaming.