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SMARTSTOP SELF STORAGE COMMERCIAL CONTEST
THESE OFFICIAL RULES (“RULES”) ARE A LEGALLY BINDING AGREEMENT BY AND BETWEEN YOU (“YOU” OR “PARTICIPANT”) AND SPONSOR (AS DEFINED BELOW) AND GOVERN YOUR PARTICIPATION IN THIS CONTEST. All federal, state, local and municipal laws and regulations apply. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE ODDS OF WINNING. Void where prohibited or otherwise restricted by law.
1. SPONSOR. The SmartStop Self Storage Commercial Contest (“Contest”) is sponsored by SmartStop Self Storage, located at 10 Terrace Road, Ladera, California, 92694 (“Sponsor”). This Contest is in no way sponsored, endorsed, administered by or associated with Facebook or YouTube.
2. ELIGIBILITY. The Contest is open to any person who is 14 years of age or older, and is a legal resident of the United States (excluding Florida and New York) and Canada (excluding the Province of Quebec) as of the date of entry. Employees of Sponsor and its affiliated companies and subsidiaries, Sponsor’s advertising and promotional agencies, the platform provider, and the immediate family members (including spouse, parents, children, siblings, grandparents, grandchildren, and their respective spouses) of each, and any persons domiciled with such employees (whether or not related), are not eligible to enter the Contest. Any submission with respect to a participant between the ages of 14 to 18 must be submitted by such participant’s parent or legal guardian on his or her behalf.
3. HOW TO ENTER. The Contest Period begins at 12:01 AM (PST) on Tuesday, November 14, 2017 and ends at 11:59:59 PM (PST) on Tuesday, January 2, 2018 (the “Contest Period”). The computer and website of Sponsor is the official time and record keeping device of the Contest. The winner will be announced no later than Friday, January 12, 2018. Participants may enter the Contest on Facebook at www.facebook.com or on YouTube at www.youtube.com, and then complete an official entry form at: https://smartstopvideocontest.shortstack.com/KD2fsK. Participant must post an original video demonstrating a unique way in which participant uses and promotes SmartStop Self Storage. Each submission must comply with the Video Specifications set forth in Section 4. Limited to one (1) entry per person. Use of Facebook and YouTube to enter the Contest may cause additional terms, conditions and restrictions associated with these platforms to apply. Participants should review and comply with all such policies.
4. VIDEO SPECIFICATIONS. All video submissions should be thirty (30) seconds in length, and should include SmartStop’s logo and tagline, “…The Smarter Way to Store!” The video that you upload must be your sole creative work and must not incorporate ideas or work of any other person or material that would require the consent of a third party. The video must not infringe or violate any trademark, copyright, publicity right, privacy or any other right of any other person or entity. By submitting an entry, you represent and warrant to Sponsor that the entry and everything depicted in the video is wholly original and does not infringe upon or otherwise violate any right of any person, entity, or any law, rule or regulation. Violation or breach of these representations, warranties or conditions may void your entry in Sponsor’s sole discretion and subject you to penalties and damages under applicable law.
No photograph or video entry may contain, as determined by Sponsor, in its sole discretion, any content that:
· Is sexually explicit or suggestive;
· Is unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group;
· Is profane or pornographic;
· Contains nudity;
· Promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing);
· Promotes any activities that may appear unsafe or dangerous;
· Is obscene or offensive; endorses any form of hate or hate group;
· Defames, misrepresents or contains disparaging remarks about Sponsor or its franchisees, or its products or services or other people, products or companies;
· Contains trademarks, logos or trade dress (such as distinctive packaging or phraseology) owned by any entity;
· Contains copyrighted materials owned by any entity (including photographs and other works of art or images);
· Contains any personal identification, such as images of individuals, personal names, street or email addresses, or phone numbers other than Sponsor;
· Violates or encourages the violation of any law, rule or regulation;
· Contains materials embodying the names, likenesses or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead;
· Promotes any particular political party, agenda or message;
· Depicts animal cruelty; and/or
· Communicates messages or images inconsistent with the positive image and/or goodwill to which Sponsor wishes to associate.
5. VIDEO RELEASE AND CONSENT. All entries become the property of Sponsor and will not be returned or acknowledged. You will take all further acts necessary to effectuate the intent of these Rules, including, without limitation, executing and delivering to Sponsor, all such agreements, contracts and any other documents to confirm Sponsor’s ownership of the entries. Participant hereby grants to Sponsor, the right to take and use participant’s videos for use in connection with corporate advertising and marketing promotions. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, participant consents, licenses and releases to Sponsor, its licensees, assigns and heirs, the non-exclusive irrevocable right and license to use, edit, reproduce, publish and otherwise exploit participant’s videos, name, likeness, picture and voice from participant’s video and/or written testimonial, if applicable, in connection with any advertising or marketing promotion thereof, any other exploitation of the videos, testimonial or rights derived from such, throughout the world in perpetuity in any and all media now known or hereafter devised. Participant represents that they either own all right, title and interest, including without limitation, copyrights, in any videos if applicable, or possess all rights necessary to grant the rights granted herein without any obligation, financial or otherwise, to any third party. Participant hereby releases Sponsor, its licensees, assigns and heirs, from any and all claims and liability in connection with the use of participant’s videos, name, likeness, picture and voice from participant’s video and/or written testimonial, if applicable, and the exercise of any and all other rights granted herein. Participant agrees that neither they, nor any person on their behalf, will assert or maintain a claim against Sponsor, its licensees, assigns or heirs, including, without limitation, any publisher and/or media company through which the videos are used in advertising and otherwise promoted, any claim, action, suit or demand of any kind or nature whatsoever, including, without limitation, those grounded upon invasion of the right of privacy or publicity or any other civil rights, defamation, libel or slander or for any other reason in connection with the exercise or rights granted herein. Participants acknowledge that Sponsor will rely upon the consent and release herein at its own cost, and Sponsor shall have no further obligation, financial or otherwise, to participant, and Sponsor is not obligated to make use of any of the rights granted herein.
6. PRIZES & JUDGING.
The ten videos receiving the highest number of “likes” on each eligible entry post on Facebook and YouTube will go into a final selection pool, along with any number of additional videos chosen by the Sponsor in its sole and absolute discretion (the “Final Selection Pool”). The Sponsor will determine the winners, along with their placing, from the Final Selection Pool based upon the following criteria: 25% creativity, 25% use of the Sponsor’s logo and tagline, 25% [__] and 25% [__]. Sponsor’s determination of the winners and satisfaction of the foregoing criteria will be in its sole and absolute discretion. The winners will be awarded prizes, as follows:
· FIRST PLACE: One (1) First Place Prize of one (1) USD check for $10,000.00.
· SECOND PLACE: One (1) Second Place Prize of one (1) USD check for $5,000.00.
· THIRD PLACE: Three (3) Runner-up Prizes, each of one (1) USD check for $1,000.00.
The total approximate retail value (“ARV”) of all the prizes is $18,000.00. The odds of winning a prize depend on the total number of eligible entries in the Contest, the quality of the entries and the number of votes received. No cash substitutions will be provided for any prize. No transfer of any prize to a third party is permitted. The value of the prizes may be reported for tax purposes. The prize winners are responsible for reporting and paying any taxes related to the prizes and paying any and all expenses associated with the prizes. The prize winner will be required to execute and return, prior to and as a condition of receiving the prize, applicable tax documentation, an affidavit of eligibility and liability release and, except where prohibited by law, a publicity release.
8. LIMITATIONS OF LIABILITY. Participants agree to release Facebook and YouTube from any and all liability related to this Contest. No responsibility or liability is assumed by the Sponsor for technical problems or technical malfunctions arising in connection with any of the following occurrences which may affect the operation of the Contest; hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers or hosts; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the Contest in whole or in part for any reason; unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, viruses, bugs, worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of any account used in connection with the Contest. Sponsor is not responsible for any typographical errors in the announcement of prizes or these Rules, or any personal injury or property damage or losses of any kind which may be sustained to user’s or any other person’s computer equipment resulting from participation in the Contest, or use of or download of any information from the Internet. Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties and conditions; check your local laws for any restrictions regarding these limitations. ALL WINNERS, ON BEHALF OF THEMSELVES, THEIR EXECUTORS, HEIRS AND ASSIGNS, BY ACCEPTANCE OF A PRIZE, AGREE TO RELEASE SPONSOR, AND ITS ADMINISTRATORS, FROM ANY AND ALL LIABILITY, CLAIMS OR ACTIONS OF ANY KIND WHATSOEVER FOR INJURIES, DAMAGES OR LOSSES OF ANY KIND TO PERSONS OR PROPERTY WHICH MAY BE SUSTAINED IN CONNECTION WITH THE PRIZES, USE OR MISUSE OF THE PRIZES OR WHILE PREPARING FOR, OR PARTICIPATING IN ANY PRIZE-RELATED ACTIVITY IN CONNECTION WITH THE CONTEST OR OTHERWISE.
9. MODIFICATION. Sponsor reserves the right, at its sole discretion, to modify, cancel, postpone, delay, suspend and/or terminate this Contest in whole or in part in the event that the Contest is not capable of running as planned or as intended by these Official Rules, in the sole discretion of the Sponsor. In such event, Sponsor may, in its sole discretion: (a) postpone and/or reschedule and/or modify the Contest, or (b) cancel the Contest in its entirety.
10. CONDITIONS OF PARTICIPATION. All Participants agree to be bound by these Official Rules and the decisions of Sponsor, whose decisions in all aspects of this Contest shall be final and binding. This Contest is governed by laws of California and you hereby submit to the jurisdiction and venue of Ladera Ranch, California for resolution of all claims and disputes. Sponsor may, at its sole discretion, disqualify a participant from participating in any aspect of Contest if Sponsor deems or suspects that such person has engaged in or has attempted to engage in any of the following: (a) acting in violation of these Official Rules or the terms and conditions of Facebook or YouTube; or (b) damaging, tampering with or corrupting the operation of the Contest; or (c) acting with intent to annoy, harass or abuse any other person; or (d) use of any automated bot, script or other robotic, mechanical, programmed or automated devices to submit data to the voting site; or (e) repeated attempts to submit multiple entries, as determined by Sponsor; or (f) any unsportsmanlike, inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behavior or activity; or (g) activity deemed in the sole discretion of Sponsor to be generally inconsistent with the intended operation of the Contest. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE OR CORRUPT THE SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW.
11. LIST OF WINNERS. To receive a list of the winners, send your request with a self-addressed, stamped envelope to: 10 Terrace Road, Ladera, California, 92694, Attn: SmartStop Self Storage Commercial Contest Winner List. Requests must be received by January 3, 2018. Allow 4 to 6 weeks following the conclusion of the Contest for processing requests.