WHY I LOVE HALO CONTEST – OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
1. CONTEST DESCRIPTION: The Why I Love Halo Contest (“Contest”) begins on July 27, 2023 at 12:01 a.m. and ends on September 29, 2023 at 11:59 p.m. Eastern Standard Time (the “Entry Period”). The sponsor of this Contest is Aperia Technologies, Inc. (“Company”) whose primary place of business is 3160 Corporate Place, Hayward, CA 94545 (“Sponsor”).
2. ELIGIBILITY: Open to legal residents of the contiguous United States who are at least 18 years of age (the “Entrant”). Sponsor, and their respective parents, subsidiaries, subsidiaries and affiliates and their respective employees, directors, officers, shareholders, successors, assigns, agents and consultants (collectively, the “Sponsor Partners”), and Sponsor Partner’s immediate families and persons living in their households are not eligible to enter the Contest. The Contest shall be staged in compliance with all applicable federal, state, and local laws and is void where otherwise prohibited.
3. AGREEMENT TO RULES: By participating in the Contest, each Entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects. The Official Rules may have additional rules located on the “Guidelines” page for this Contest, which supplement or supersede parts of these Official Rules. Any reference in these Official Rules to “Official Rules” with respect to this Contest shall be deemed to be a reference to these Official Rules and the Guidelines for such Contest, taken as a whole. In the event of any conflict or inconsistency between these Official Rules and the rules or other information provided on the Guidelines page for the Contest, the rules or such other information posted on the Guidelines page shall govern. Sponsor is responsible for the collection, submission or processing of Entries and the overall administration of the Contest. Entrants should look solely to Sponsor with any questions, comments or problems related to the Contest. Sponsor may be reached by email at firstname.lastname@example.org.
4. HOW TO ENTER: To enter, Entrants must visit [https://aperiatech.com/video-contest/] (the “Contest Website”) during the Entry Period, and submit a video that truly embodies what you love about the Halo Tire Inflator. The video must be all original content, no shorter than ten (10) seconds, and no more than forty (40) seconds long. The entry must fulfill all Contest requirements, as specified, to be eligible to win a prize, including providing contact information such as name and e-mail address. Entries that are not complete or do not adhere to the Official Rules may be disqualified at the sole discretion of the Sponsor. An Entry may not be submitted by more than one Entrant. If an Entry was developed by more than one person, only the Entrant who submitted the Entry into the Contest may be awarded a prize(s). Contest entrants may not enter more times than indicated by using multiple email addresses, identities or devices in an attempt to circumvent the Official Rules. Use of fraudulent methods or otherwise attempting to circumvent the Official Rules shall be grounds for immediate removal and ineligibility from the Contest, at the sole discretion of the Sponsor.
All video submissions must be received by the September 29, 2023 deadline. Sponsor is not responsible for late or unsuccessful attempts to enter. Sponsor reserves the right to allow for minor fluctuations between the Entrant’s timing device and the actual runtime of the submission on the Contest Website, based on clear intent to comply with the Official Rules, as determined in the Sponsor’s sole discretion. The Entrant should be able to provide on request all appropriate clearances, permissions and releases for the video submission, including releases from the submitting Entrant and any third parties appearing in the submission. Incomplete, corrupted, untimely or unintelligible entries will be disqualified. If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost, corrupted or otherwise destroyed, entrant’s sole remedy is another entry in the Contest. Sponsor reserves the right to determine in its sole discretion which entries have satisfied the entry requirements. Entrants may not enter more than once.
Video Submission Requirements:
· Be submitted in a format as accepted and stipulated by the Official Rules. Any other formats submitted and/or exceeding the time limit will be disqualified.
· Video and any use of Aperia Technologies, Inc.’s products must comply with the manufacturers’ product and safety instructions.
Videos must NOT:
· Contain material and/or conduct which is or promotes, in Sponsor’s sole discretion, illegal or involves an act of moral turpitude or is otherwise offensive or violates generally accepted standards of behavior or otherwise leads Sponsor to believe or conclude that the public association with Entrant would tend to subject Sponsor to ridicule, contempt, embarrassment or scandal.
· Contain material that violates or infringes another’s rights, including, but not limited to, material that violates privacy, publicity or intellectual property rights, or that constitutes copyright, trademark, patent or trade secret infringement. All music featured in any video must be available to publicize and broadcast on a license-free, royalty-free basis.
· Include third parties, including, but not limited to, minors, celebrities, and friends who have not expressly authorized Entrants to display their name, image, likeness, voice, performance, photograph, image and/or other likeness (collectively, “Name and Likeness”) in any submitted video or otherwise use such Name and Likeness in accordance with these Official Rules.
By entering, each Entrant represents and warrants that his or her entry (and Sponsor’s use thereof) does not and will not defame or otherwise violate the rights of any third party and does not and will not violate any federal, state or local laws, regulations or ordinances. Entrant further represents and warrants that he or she has secured the requisite consent from any person referenced or appearing in their entries. To the extent that anyone under the age of eighteen (18) appears in a video, Entrant represents and warrants that the minor’s parent or guardian has consented to the minor’s appearance in the video and the public display of the video. Sponsor reserves the right in its sole discretion to disqualify any entry that it believes violates any of the Video Submission Requirements, does not otherwise comply with these Official Rules, or that is not consistent with the spirit and theme of the Contest.
Entrants will retain copyright in their video submission, but each Entrant grants to Sponsor and the Sponsor Partners an exclusive, irrevocable, worldwide, perpetual, assignable, royalty-free license to publish, reproduce, distribute, display, modify, perform, create derivative works, transmit and disseminate the submission in all media or platforms whether now or any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity, without compensation or additional consents from Entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so. Entrant also waives any and all moral rights in the submission with respect to any use by Sponsor or its Sponsor Partners.
5. JUDGING & WINNER DETERMINATION: A team of qualified judges selected by the Sponsor (“Aperia’s Choice”), will select from the eligible Entries based on certain factors determined by the Sponsor, and award one (1) grand prize of One Thousand Dollars ($1,000), and one (1) second place prize of Five Hundred Dollars ($500). .Sponsor will also allow for certain users of Sponsor’s website to vote for their favorite Entries (the “People’s Choice”) and award one (1) additional grand prize of One Thousand Dollars ($1,000), and one (1) additional second place prize of Five Hundred Dollars ($500). Without limiting the preceding sentence, the judging criteria for the Contest shall be: (1) viability of the Entry as a premise for the final objective of the Contest (e.g., commercial advertisement, how-to-video, etc.); (2) creativity; and (3) effectiveness in promotion of the brand and product (i.e., Halo Tire Inflator) that is the subject of such Contest. The Entries with the highest rankings from Aperia’s Choice and the People’s Choice are referred to in these Official Rules as the “Entry Finalists,” and will be eligible, subject to the other provisions of these Official Rules, to receive the prize(s) designated for such place of finish in the Official Rules. From the Entry Finalists, Aperia’s Choice and the People’s Choice shall select winner(s) (the “Prize Winner(s)”) based on the above criteria. In the case of a tie, the tie will be broken by the average ranking of Aperia’s Choice based the judging criteria. All decisions of Aperia’s Choice are final.
6. WINNER NOTIFICATION & ANNOUNCEMENT: The potential Prize Winner(s), as determined by the Judges, will be notified by e-mail provided on or about October 12, 2023 and will be required to respond (as directed) to the notification attempt. The failure to respond timely to the notification may result in forfeiture of participation in the Contest and, in such case, the Sponsor will select an alternate Winner(s) according to the Judges’ results. The potential Winner(s) will be required to execute and return an Affidavit of Eligibility and Liability/Publicity Release (the “Affidavit”) and other documents as required by the Sponsor within seven (7) business days of notification. If a potential Winner(s) cannot be contacted by e-mail after the first attempt to contact him or her, or if he or she fails to sign and return the Affidavit within the required time period (if applicable), he or she will be disqualified and an alternate entry will be selected in his or her place from all eligible entries received according to the judging criteria described above.
7. PRIZES: Two (2) Prize Winners will receive a grand prize of One Thousand Dollars ($1,000 USD), and an additional two (2) Prize Winners will receive second place prizes of Five Hundred Dollars ($500 USD). The total approximate retail value or “ARV” of all available prizes in the Contest: Three Thousand Dollars ($3,000 USD).
The specifics of the prize(s) shall be solely determined by the Sponsor. No cash or other prize substitution is permitted except at Sponsor’s discretion. Prize is not valid towards prior purchases. All prizes are not transferable. Any and all prize related expenses, including, without limitation, any and all federal, state, and/or local taxes shall be the sole responsibility of the prize winner. Sponsor does not make any warranties, express or implied, as to the condition, fitness or merchantability of the prizes.
8. RIGHTS IN SUBMISSIONS: Each Entrant authorizes the Sponsor, the Sponsor Partners, and any entities affiliated or in privity with the Sponsor to utilize, for eternity and in any manner they see fit, the video(s) submitted to the Sponsor, and to make derivative works from such materials solely in connection with the Contest and Sponsor’s lawful business purposes (i.e., to create promotional materials). Each Entrant releases the Sponsor and the Sponsor Partners from any and all claims or liability (now known or hereafter arising), including, but not limited to, any claims for defense and/or indemnity, in connection therewith. Each Entrant agrees and acknowledges that participation in the Contest, including, without limitation, the Entrant’s decision to provide the Entrant’s submission to Sponsor for purposes of the Contest, shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between Sponsor and Entrant, does not place the Sponsor in a position that is any different from the position held by members of the general public with regard to elements of the Entrant’s video submission, and that the only contracts, express or implied, between the Sponsor and Entrant are as set forth in these Official Rules and the release forms.
By participating in the Contest and submitting a video, each Entrant hereby grants permission for the Sponsor and the Sponsor Partners to use Entrant’s Name and Likeness for the purpose of advertising, trade and promotion without further notice, permission, or compensation in any and all media now known or hereafter developed throughout the universe. Except as required by law or permitted pursuant to these Official Rules, the Sponsor will not share an Entrant’s personal information with any third parties.
9. TERMS: Sponsor reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Contest should (in its sole discretion) a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Contest. In such case, the Sponsor may select the recipients from all eligible entries received. Sponsor reserves the right at its sole discretion to disqualify any Entrant who tampers or attempts to tamper with the entry process, the operation of the Contest or the Contest Website and/or violates these Official Rules. Sponsor has the right, in its sole discretion, to maintain the integrity of the Contest, to void votes for any reason.
10. INDEMNIFICATION; LIMITATION OF LIABILITY: By entering, Entrant agrees to release and hold the Sponsor and the Sponsor Partners harmless from any liability, injury, death, loss, litigation, claim or damage of any kind to persons or property, in whole or in part, directly or indirectly, arising out of or related to (i) Entrant’s participation in the Contest and/or his/her acceptance, entry submission, possession, use or misuse of any prize or any portion thereof, (ii) the use of Entrant’s (or any third parties included in Entrant’s video submission(s)) Name and Likeness for advertising, trade and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Sponsor, without compensation or additional consents from Entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so; (iii) technical failures of any kind, including, but not limited, to the malfunctioning of any computer, cable, network, hardware or software; (iv) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (v) unauthorized human intervention in any part of the entry process or the Contest; (vi) electronic or human error which may occur in the administration of the Contest or the processing of entries. Under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental, exemplary, indirect, special or consequential damages, or any other damages, whether foreseeable or not and whether based on negligence or otherwise, including attorneys’ fees.
11. GOVERNING LAW: This Contest is governed by and subject to the laws of California, and all disputes will be decided in accordance with the laws of the state of California, notwithstanding any provisions concerning choice of law. The parties consent to the jurisdiction of the state courts of California and federal court located with such state and county with respect to any action, dispute, or other matter pertaining to or arising out of this Contest.
13. WINNERS LIST/OFFICIAL RULES: To obtain a copy of the Winner List or a copy of these Official Rules, send your request along with a stamped, self-addressed envelope to Company.
AFFIDAVIT OF ELIGIBILITY & LIABILITY/PUBLICITY RELEASE
Sponsor: Aperia Technologies, Inc.
Company: Aperia Technologies, Inc.
Contest Name: Why I Love Halo Contest
Prize: Two (2) Prize Winners will receive a grand prize of [$1,000]. Sponsor will award up to two (2) additional prizes in the Contest. The total approximate retail value or “ARV” of all available prizes in the Contest: [$3,000].
Congratulations! You are a winner in the Contest referenced above. In order to confirm your eligibility, please read the Official Rules and complete this Affidavit of Eligibility, Publicity and Liability Release Form (the “Affidavit and Release”). Please read this document carefully before completing and signing. It must be completed before you become and official winner.
Once we receive your Affidavit and Release and verify all eligibility qualifications have been met, you will be declared a winner, and you understand that in order to receive a prize, we are required by law to report to the Internal Revenue Service the fair market value of your prize. You will receive a copy of such documentation which is provided to the Internal Revenue Service and will be responsible for all applicable taxes on the prize.
Being duly sworn, you hereby represent that you are 18 years of age or older and fully qualified to accept the prize in the Contest. You are a legal U.S. resident. You are submitting this affidavit having read it carefully with the understanding that it will be relied upon to determine your eligibility in the Contest.
You affirm and represent that you have complied with all the rules and regulations of the Contest, that you meet all of the eligibility requirements of the Contest and that you have committed no fraud or deception in entering the Contest or in claiming the prize. You represent that you have obtained all Contest materials through authorized, legitimate channels. You further represent that you are not an employee of the Sponsor, Company, or of any other entity stated in the Official Rules whose employees are not eligible to enter the Contest or a member of the immediate family or household of any such employee.
You understand that if you are declared a winner, you are entitled to receive only the announced prize and that prizes are non-transferable and no substitutions will be made except at the sole discretion of the Sponsor or as provided in the Official Rules.
By participating, where permitted by law, you hereby irrevocably and in perpetuity grant to Sponsor, and those acting under Sponsor’s authority, the unrestricted, absolute, perpetual, and worldwide right and license to use your name, address, photograph, likeness, voice, biographical and personal information, statements, application, and any photograph, film , video, audio recording or other recording taken of you or such materials (collectively, “Content”), and all in connection with marketing purposes including without limitation the marketing of the Contest, and to reproduce, copy, modify, create derivative works of, display, perform, exhibit, distribute, transmit or broadcast, publicly or otherwise, or otherwise use and permit to be used, the Content or any part thereof, whether alone or in combination with other materials (including but not limited to text, date, images, photographs, illustrations, and graphics, video or audio segments of any nature), in any media whatsoever in connection with the Contest, and all the foregoing without any compensation, royalties, remuneration or consideration to yourself or any third party, and you hereby waive all claims to compensation, royalties, remuneration, consideration, notice or permission in connection therewith.
You, on behalf of yourself, your heirs, executors and administrators, hereby release, forever discharge and agree to hold harmless, Sponsor and Company, and any other party associated with the development or administration of the Contest, and their respective parent, subsidiary, or affiliated entities, and their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors and assigns, from and against any and all liability for any and all indirect, incidental, consequential or punitive damages, costs, expenses, claims (including without limitation third party claims), injuries or losses arising from or relating to, in whole or in part, the Contest, including without limitation any matter, cause or things whatsoever arising out of your participation in the Contest, and the acceptance and utilization of the prize that you have won in the Contest, including without limitation in connection with: (i) technical, printing, typographical, human or other errors; (ii) applications or data being lost, corrupt, misdirected, stolen, lost, late, damages, incomplete, illegible; (iii) hardware, software, browser, computer, server, or network failure, malfunction, congestion, delay, error, or incompatibility or (iv) any application not being accepted on account of any of the foregoing.
You also acknowledge that you are solely responsible for all federal, state, and local taxes due as a winner of this Contest as well as obtaining and paying for any life, travel, accident, property or other insurance related to the Contest. You recognize that you may wish to seek independent counsel to determine the full extent of signing this document and your tax liability under state federal laws and regulations. You acknowledge and agree that you are responsible for all other expenses that may become due because of your participation in the Contest of winning of the prize.
You hereby agree that Sponsor has neither made nor is in any manner responsible or liable for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relative to the Contest or any prize, including but not limited to its quality, merchantability, fitness for a particular purpose or mechanical condition.
You agree to return immediately upon demand to the Sponsor any prize or the value of said prize that has been or may be awarded to you if any statement made by you in this affidavit is false.
You declare that all information submitted in this affidavit is true and correct. You attest that you have read, or have had it read to you, and you understand all of the foregoing provisions of this affidavit, prior to its execution, and agree to bound by them.hy