Goodyear #AkronBorn Contest Official Rules



NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST.  A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS CONTEST IS INTENDED FOR PLAY IN THE UNITED STATES AND WILL BE GOVERNED BY U.S. LAW.  DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED WITHIN ONE OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA THE TIME OF ENTRY.



CONTEST PERIOD: The Goodyear #AkronBorn Contest (“Contest”) begins at 12:00:00 am Eastern Daylight Time (“EDT”) on June 2, 2016, and ends at 11:59:59 p.m. EDT on June 19, 2016 (“Contest Period”). Sponsor’s computer is the official time keeping device for this Contest.



ELIGIBILITY: The Contest is open only to legal residents of the fifty (50) United States and D.C., who are 18 years of age or older at the time of entry.  Employees of The Goodyear Tire & Rubber Company (“Sponsor”),  Wunderman, LLC (“Administrator”), Twitter, Inc., and each of their respective subsidiaries, affiliates, parent companies, retail locations, suppliers distributors, advertising, promotion or any other agencies or entities involved with this Contest (“Promotional Parties”) and members of the immediate families (defined for these purposes as including biological parents or step-parents, siblings, children or spouse of any of the foregoing, and their respective spouses, regardless of where they reside) and/or households (whether related or not) of any of the above are not eligible to enter or win.  Void where restricted or prohibited by law.  Sponsor reserves the right to verify the eligibility of winners.  Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Contest.



HOW TO ENTER: You must be a registered user of Twitter to enter this Contest and your account must be set to the “public” setting in order to participate.  If you are not a registered user of Twitter, simply visit https://twitter.com/signup to register for free.  Once you are a registered user of Twitter, follow @Goodyear at http://twitter.com/Goodyear.  During the Contest Period, send a Tweet to @Goodyear with a picture of the Goodyear tires on your car. Each Tweet must include the hashtags #Contest and #AkronBorn (each a “Post”).  A valid Post will earn a participant one (1) entry (“Entry”) into the Contest.  Posts must comply with the Post Guidelines (as set forth below) and the Twitter Terms of Service, and must include the #Contest and #AkronBorn hashtags to be valid.  Each Post must be in English.



Limit one (1) Entry per Twitter account/person/email address per Contest Period.  Entrants that do not follow all instructions, provide the required information Entry, or abide by these Official Rules or other instructions of Sponsor may be disqualified.  Entrants must have a valid email address.  Automated entries are prohibited, and any use of automated devices will cause disqualification. Any attempt by any entrant to obtain more than the permitted number of entries by using multiple and/or different identities, forms, registrations, addresses or any other method will void all of that entrant’s entries and that entrant may be disqualified at Sponsor’s discretion.  Multiple entrants are not permitted to share the same email address.  Normal Internet, phone and usage charges imposed by your online or phone service may apply.  Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified. Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user’s computer equipment (software or hardware), or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise.  Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. In the event of a dispute as to the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant or participant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider, or other organization (which may include an employer) responsible for assigning email addresses for the domain associated with the submitted address. Potential winner may be required to show proof of being the authorized account holder. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win.



POST GUIDELINES: By submitting a Post, you warrant and represent that: (a) it is your original work, (b) it has not been previously published, (c) it does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity, (d) you have obtained permission from a person whose name and/or image, picture, or likeness, is used in the Post, and (e) publication of the Post via various media, including Web posting, will not infringe on the rights of any third parties. Any such entrant will indemnify, defend, and hold harmless Sponsor, Twitter, and Released Parties (as set forth below) from any claims to the contrary.  

Posts may not be obscene or indecent; be sexually explicit or suggestive, profane or pornographic, violent or derogatory of any ethnic, racial, gender, religious, professional or age group; promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any political agenda or message; endorse any form of hate or hate group; defame, misrepresent or contain disparaging remarks about Sponsor or its products or services, or other people, products or companies; communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; invade privacy or other rights of any person, firm or entity; in any other way violate any applicable federal, state or local laws or regulations or the Twitter’s Terms of Service; contain any reference to any third party trademarks or names or any copyrighted components; and contain any personal identification, such as license plate numbers, personal names, email addresses or street addresses.  Posts not in compliance with the Post Guidelines may be disqualified.


Sponsor reserves the right in its sole and unfettered discretion to disqualify any entry that it believes contains obscene, offensive or inappropriate content, that does not comply with these Official Rules or that is not consistent with the spirit or theme of the Contest.

 

By participating in this Contest, entrant acknowledges and agrees that he or she will clearly and conspicuously disclose that he or she is participating in this Contest in any online social sharing interaction that references the Contest or is used to obtain entries in connection with this Contest. At a minimum, the hashtag “#Contest” or “#promotion” or some other hashtag or disclosure that identifies the post as associated with the Contest entry should be included in all social media communications sent pursuant to the Contest. Sponsor reserves the right in its sole discretion to disqualify any entrant who does not adequately disclose his or her participation in this Contest while engaging in any online social sharing interaction during the Contest Period.


BY POSTING, ENTRANT ACKNOWLEDGES THAT HIS/HER POST MAY BE POSTED ON SPONSOR’S WEBSITE, IN SPONSOR’S DISCRETION.  Submission of a Post grants Sponsor and its agents the right to publish, use, adapt, edit and/or modify such Post in any way, in any and all media, without limitation, and without consideration to the entrant.  

POSTS POSTED TO TWITTER ARE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANTS AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants.  Sponsor reserves the right to waive the Post Requirements set forth herein in its reasonable discretion.  


By submitting a Post, entrants agree that the Posts are gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to disclose the ideas contained in the Posts on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to entrants. Entrants acknowledge that, by acceptance of their Posts, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than entrants.

 

GENERAL: The Promotional Parties and their respective employees, directors, officers, agents, and shareholders (collectively, the “Released Parties”) are not responsible for lost, late, inaccurate, delayed, damaged, stolen, illegible, incomplete or misdirected entries.  Entries made by any means which subvert the entry process will be void. Participants may not register with multiple names, addresses or identities nor may participants use any other device or artifice to enter.  Any participant who attempts to enter with multiple names under multiple identities or Twitter accounts or uses any device or artifice to register multiple times will be disqualified and forfeits any and all prizes won, in sole Sponsor’s discretion.  


JUDGING:  During the Contest Period, all Entries will be judged in order to determine one (1) winner.  Each Entry will be judged, as set forth below: Entries will be judged based on the following equally weighted criteria: (1) most compelling story as depicted in each Post with regard to the topic, (2) how well the Post demonstrates the topic, and (3) originality of Post content.  An independent qualified panel of judges, whose decisions are final and binding on all matters relating to this Contest, will judge all eligible Entries.  The one (1) Entry receiving the highest scores will be deemed the potential winner, subject to verification.  In the event of a tie, tie breaker will be based upon the highest score in the first judging criteria, continuing thereafter to each judging criteria in order, as needed, to break the tie.  

 

POTENTIAL WINNER IS 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.  


PRIZE (1): One (1) winner will receive a ride on the Goodyear Blimp.  Prize includes one (1) certificate for one (1) ride in the Goodyear Blimp for winner and one (1) guest; a trip for winner and one (1) guest to either Pompano Beach, FL, Mogador, OH or Carson, CA, to a Goodyear Blimp base (“Blimp Location”); round trip coach class airfare for winner and guest from a major commercial airport near winner’s residence within the U.S. to Blimp Location; three (3) days’/two (2) nights’ hotel accommodations (one standard room, double occupancy) and $500 spending money for winner only.  Certificate will be redeemed at the Pompano Beach, FL, Mogadore, OH or Carson, CA bases only.  The Blimp Location will be determined by Sponsor in its sole discretion.  The ARV of the prize is based on estimated airfare as of May 2016.  Actual retail value may vary based on point of departure and/or airfare fluctuations. Any difference between the stated approximate value and actual value of the prize will not be awarded. Certificate subject to the terms, conditions and restrictions set forth thereon. Blimp ride must take place between September 1, 2016 and July 31, 2017 on a date that is mutually agreed to by Sponsor and winner.  ARV: $3,900.  



All federal, state, and local taxes on the prize and all other costs not specifically outlined in these Official Rules are the responsibility solely of the winners.  

 

Potential winner will be notified via Twitter in order to obtain potential winner’s contact information.  If Sponsor is unable to contact the potential winner within two (2) days, such prize may be forfeited in Sponsor’s sole discretion.   In the event of non-compliance with any of these requirements of these Official Rules, prize may be forfeited in Sponsor’s sole discretion.  After confirmation of potential winner’s contact information via Twitter, potential winners will be notified via overnight mail or email and will be required to sign, execute and return an Affidavit of Eligibility and Liability/Publicity Release (the “Affidavit”) (where permitted), and any other legal documentation that Sponsor may require, within five (5) days of date printed on prize notification or prize may be forfeited.  Failure to provide all required information and signature(s) on the Affidavit, or return of prize notification as undeliverable, may result in forfeiture of rights to be declared a prize winner and/or receive prize. If after the first attempt to contact him/her or if potential winner fails to sign and return the Affidavit, or in the event that the potential winner is disqualified for any reason, the potential winner will be deemed to have forfeited the prize, and the entrant with the next highest score will be selected as an alternate potential winner.  Noncompliance with the foregoing, failure to abide by these Official Rules, or return of the prize notification as non-deliverable may result in disqualification and naming of an alternate potential winner.  Only three (3) alternate winner selections will be made, after which any remaining prizes will remain un-awarded.  Prizes won by an eligible participant who is a minor in his/her state of residence (under 19 in AL and NE) will be awarded to minor’s parent or legal guardian, who must sign and return all required documents.  Sponsor is not responsible for any change of email address, mailing address and/or telephone number of participants.  Winner and guest must travel together on same itinerary.  The guest must be at least the age of majority in the guest’s state of residence. Guest will also be required to sign and return a Liability Release and a Publicity Release prior to ticketing of travel as a condition of accompanying winner on prize trip.  Sponsor is not responsible if any scheduled event is delayed, postponed or cancelled for any reason and winner will not be reimbursed for event tickets.  Blimp ride certificate may be subject to issuer’s standard rain-check policies and procedures.  Winner and guest must obtain all necessary identification and/or travel documents required for travel (e.g., a valid driver’s license for air travel).  Winner must comply with all hotel check-in requirements, including (but not limited to) the presentation of a major credit/debit card.  Once a travel guest is selected, and his/her Releases have been received by Sponsor, he/she may not be substituted, except in Sponsor’s sole and absolute discretion.  Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles.  All airline tickets are subject to flight variations, work-stoppages, and schedule or route changes.  Sponsor shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations.  Winners and guests are also responsible for obtaining travel insurance (and all other forms of insurance) if so desired and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance.  Lost, mutilated or stolen airline tickets or certificates will not be replaced.  Sponsor is not responsible if winner does not use the Blimp ride certificate within the designated timeframe outlined above.  Prize winner will be issued an IRS Form 1099 for the actual value of the prize.  Winner is advised to seek independent counsel regarding the tax implications of accepting the prize.  Prize cannot be transferred or assigned or substituted except at Sponsor’s sole discretion.  Sponsor reserves the right to substitute a prize of equal or greater value if an advertised prize becomes or is unavailable for any reason.  If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, an alternate winner will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of prizes available.

 

BY ACCEPTING THE BLIMP RIDE PRIZE, PRIZE WINNER AND GUEST ACCEPT THE INHERENTLY DANGEROUS NATURE AND RISK IN ATTENDING SUCH EVENTS AND PARTICIPATION IN ANY KIND OF BLIMP-RELATED ACTIVITIES, INCLUDING PERSONAL INJURY AND/OR DEATH, ACKNOWLEDGES THAT THERE ARE NATURAL FACTORS AND OCCURRENCES WHICH MAY IMPACT ON OR AFFECT THE SAFETY OF THE ACTIVITIES HE/SHE IS PARTICIPATING IN AND HE/SHE ASSUMES THE RISK OF SUCH FACTORS AND OCCURRENCES AND AGREES THAT RELEASED PARTIES (DEFINED ABOVE) SHALL NOT BE IN ANY WAY RESPONSIBLE FOR RESULTING INJURY AND/OR DEATH.

 

 

GENERAL TERMS AND CONDITIONS: This Contest is governed by the laws of the United States. Void where prohibited by law and outside the United States. By participating in the Contest, entrants agree to be bound by these Official Rules and the decisions of the Judges. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. 



RELEASE, DISCLAIMER AND LIMITATIONS OF LIABILITY:  By accepting a prize, each winner agrees to release, discharge, and hold harmless Sponsor, Administrator and each of their respective parent companies, subsidiaries, affiliates, advertising/promotion agencies and the directors, officers, employees and agents of each of the foregoing (collectively the “Released Parties”) from and against any and all claims and liability for any injuries, including but not limited to personal injury, death, loss or damage of any kind arising from or in connection with participation in the Contest or the acceptance, possession, use and or misuse of a prize or participation in prize-related activities, if applicable,  (including any travel related thereto) or claims based on right of publicity/right of privacy or defamation.  The Released Parties are not responsible if any prize cannot be awarded due to cancellations, delays, interruptions due to acts of god, acts of war, natural disasters, weather, or terrorism. By participating in this Contest, entrant agrees that the Released Parties will not be responsible or liable for any injuries, damages, or losses of any kind, including direct, indirect, incidental, consequential, or punitive damages to persons, including death or to property arising out of the access to and use of any website associated with this Contest or the downloading from and/or printing material downloaded from such site. The Released Parties are not responsible for (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize.



WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS CONTEST, INCLUDING EACH WEBSITE ASSOCIATED WITH THIS CONTEST AND ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.  CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.



PUBLICITY:  By accepting a prize, each winner grants the Released Parties (which grant will be confirmed in writing on request of Sponsor) the right to use and publish his/her name, likeness (photograph and/or videotaped/filmed image), biographical information, and voices in commerce and in all media worldwide, including but not limited to the Internet, for advertising/publicity/trade purposes without additional compensation, notice or approval; and, winner disclaims any ownership rights of such advertising/publicity/trade material, except where prohibited by law.



INTELLECTUAL PROPERTY RELEASES:  BY SUBMITTING AN ENTRY, ENTRANT AGREES THAT SUCH ENTRY, COMMUNICATIONS OR SUBMISSIONS, CREATIVE SUGGESTIONS, IDEAS, NOTES, CONCEPTS OR OTHER MATERIALS (“SUBMISSIONS”) THAT ENTRANT MAY SUBMIT TO SPONSOR OR POST TO WWW.TWITTER.COM IN CONNECTION WITH THIS CONTEST, INCLUDING ALL RIGHTS EMBODIED THEREIN, WHETHER SENT VIA THE WEBSITE OR ELECTRONIC MAIL OR SOME OTHER MEANS, WITH THE EXCEPTION OF PERSONALLY IDENTIFIABLE INFORMATION AS IDENTIFIED IN SPONSOR’S PRIVACY POLICY (AVAILABLE AT HTTPS://WWW.GOODYEAR.COM/EN-US/TERMS-CONDITIONS-PRIVACY-POLICY?CTA=FOOTERT&CLINK), ARE DEEMED TO BE NON-CONFIDENTIAL AND NON-PROPRIETARY AND SPONSOR SHALL HAVE NO OBLIGATION OF ANY KIND WITH RESPECT TO SUCH SUBMISSIONS.  SPONSOR SHALL BE FREE TO EDIT, EXPLOIT, MODIFY, PUBLISH, REPRODUCE, USE, DISCLOSE, DISSEMINATE AND DISTRIBUTE THE SUBMISSIONS TO OTHERS WITHOUT LIMITATION IN ANY AND ALL MEDIA NOW KNOWN OR NOT CURRENTLY KNOWN, THROUGHOUT THE WORLD IN PERPETUITY FOR ANY PURPOSE WITHOUT COMPENSATION, PERMISSION OR NOTIFICATION TO ENTRANT OR ANY THIRD-PARTY. ENTRANT HEREBY GRANTS TO THE SPONSOR AND ITS LEGAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS, IN PERPETUITY, AN IRREVOCABLE, AND WORLD-WIDE LICENSE TO USE THE SUBMISSIONS IN ANY FORM OR FORMAT AND TO MODIFY THE SAME, AND ACKNOWLEDGES AND AGREES THAT IF SPONSOR DOES USE THE SUBMISSIONS ENTRANT SHALL NOT BE ENTITLED TO ANY CREDIT, CONSIDERATION, NOTICE OR PAYMENTS OF ANY KIND.  ENTRANT WAIVES ANY MORAL RIGHTS HE OR SHE MAY HAVE TO THE SUBMISSIONS, AND AGREES THAT IF SPONSOR ELECTS TO USE SUBMISSIONS FOR ANY PURPOSE, ALL RIGHTS UNDER COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS WHICH MAY RESULT FROM THAT RELATING TO ENTRANT’S SUBMISSIONS OR FROM USE OF THE SAME BY SPONSOR SHALL BE THE SOLE PROPERTY OF SPONSOR.  ENTRANT FURTHER AGREES THAT IF SPONSOR ELECTS TO USE ENTRANT’S SUBMISSIONS, ENTRANT WILL EXECUTE ANY DOCUMENTS REQUESTED BY SPONSOR REGARDING THIS ASSIGNMENT.  



BY ACCEPTING A PRIZE, WINNER AGREES THAT HIS/HER ENTRY WILL BE DEEMED A WORK MADE FOR HIRE UNDER THE COPYRIGHT LAWS OF THE UNITED STATES, BUT IF IT CANNOT BE SO DEEMED, THEN THE WINNER IRREVOCABLY ASSIGNS AND TRANSFERS TO SPONSOR ALL OF HIS/HER RIGHT, TITLE AND INTEREST IN AND TO HIS/HER ENTRY, INCLUDING ALL BUT NOT LIMITED TO ALL COPYRIGHT AND TRADEMARK RIGHTS WHICH HE OR SHE MAY HAVE, IN THE UNITED STATES AND WORLDWIDE, THEREIN, FOR CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED.  WINNER HEREBY WAIVES IN FAVOR OF SPONSOR, ALL RIGHTS OF “DROIT MORAL” OR “MORAL RIGHTS OF AUTHORS” OR ANY SIMILAR RIGHTS OR PRINCIPLES OF LAW THAT WINNER MAY NOW OR LATER HAVE TO THEIR ENTRY.  SPONSOR RESERVES THE RIGHT TO ALTER, CHANGE OR MODIFY THE WINNING ENTRY, IN ITS SOLE DISCRETION.  UPON REQUEST OF SPONSOR, WINNER SHALL EXECUTE AND DELIVER SUCH ADDITIONAL INSTRUMENT OF ASSIGNMENT, AS MAY BE SOLELY DEEMED BY SPONSOR, REASONABLY NECESSARY TO ESTABLISH THE OWNERSHIP OF RECORD OF THE RIGHT, TITLE AND INTEREST IN AND TO THE ENTRY AND OF THE COPYRIGHTS TRANSFERRED AND “MORAL RIGHTS OF AUTHORS” WAIVED UNDER THESE OFFICIAL RULES.  SHOULD SPONSOR FAIL TO REQUEST THE SAID ASSIGNMENT AS STATED, THAT SHALL NOT BE DEEMED A WAIVER OF SPONSOR’S RIGHTS AND SPONSOR MAY AT A LATER TIME REQUEST THE ASSIGNMENT.  



INDEMNIFICATION:  IF ANY USE BY SPONSOR OF THE SUBMISSIONS CAUSES IT TO BE LIABLE TO ANY THIRD-PARTY, ENTRANT AGREES TO INDEMNIFY SPONSOR AND ITS AGENTS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVE AND ALL RELATED PARTIES FROM AND AGAINST ANY AND ALL DAMAGES, COSTS, JUDGMENTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) WHICH IT INCURS AS A RESULT OF ITS USE OF THE SUBMISSIONS.



MODIFICATION; TERMINATION:  Should any portion of the Contest be, in Sponsors sole discretion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole discretion of the Sponsor, corrupt or impair the administration, security, fairness or submission of entries, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest.  If the Contest is terminated prior to the stated end date, Sponsor reserves the right to award the prizes, in its sole and unfettered discretion, by applying the judging criteria stated above to all eligible, non-suspect entries received up to the time/date of termination.  Notice of such action by Sponsor will be posted on the Website.  Sponsor reserves the right in its sole discretion to disqualify 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 Official Rules or in an unsportsmanlike or disruptive manner

ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND SEEK REMEDIES AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.

DISPUTES: Except where prohibited, by participating in this Contest, each entrant agrees that any controversy or claim arising out of or relating to this Contest shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Ohio law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties.  THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.  DO NOT ENTER THIS CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.

 

BY PARTICIPATING IN THIS CONTEST, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE APPLICABLE PORTIONS OF THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.

 

GOVERNING LAW & JURISDICTION: All issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules, or the rights and obligations of participant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Ohio without giving effect to any choice of law or conflict of law rules (whether of Ohio or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than Ohio, and any matters or proceedings which are not subject to arbitration as set forth above and/or are for entering any judgment on an arbitration award, shall take place in the State of Ohio, in the City of Akron.

 

OTHER CONDITIONS: In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials or made by any employee of Sponsor or the Judges, and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.

The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.



WINNER LIST:  For the name of the winner, mail a self-addressed, stamped #10 envelope to: Goodyear #AkronBorn Contest Winners List, P.O. Box 834, Lombard, IL 60148-08344.  Requests must be received by July 19, 2016.  Winners Lists will be sent when the Contest is over and all prizes have been awarded.

 

SPONSOR:  The Goodyear Tire & Rubber Company, 200 Innovation Way, Akron, OH  44316

 

ADMINISTRATOR:  Wunderman, LLC, 233 N. Michigan Ave., Suite 1500, Chicago, IL  60601

 

Copyright © 2016 The Goodyear Tire & Rubber Company.  All trademarks used herein are the property of their respective owners.

 

This Contest is in no way sponsored, endorsed or administered by, or associated with Twitter.  You are providing your information to The Goodyear Tire & Rubber Company and not to Twitter.