Band of Boaters Contest Rules
2018 MARINEMAX “BAND OF BOATERS” CONTEST
OFFICIAL CONTEST RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST
To enter the MarineMax “Band of Boaters” Contest (the “Contest”), you must be (a) a citizen of the United States or a lawful permanent resident of the United States; and (b) 18 years of age or older at the time of entering the Contest. The Contest is void where otherwise restricted or prohibited by law. Employees of MarineMax, Inc. (the “Sponsor”) and its affiliated companies, parents, subsidiaries, service partners, and advertising and promotion agencies (collectively, “Contest Entities”), are ineligible to participate in this Contest. Multiple entries are not allowed.
HOW TO PARTICIPATE AND ENTER: NO PURCHASE IS NECESSARY
1. Upload a photo(s) or video that captures your love of boating to Instagram.
2. Include the hashtag “#bandofboaters” and tag @marinemaxonline
4. Include a description with the photo(s) or video that further describes your love for boating.
5. After the entry period (dates below), Sponsor will select five finalists and announce the finalists via Facebook, Twitter, and Instagram.
6. The final three winners will be selected by MarineMax followers on Instagram who will vote by commenting the name of one of the five finalists on the MarineMax’s Instagram posts announcing the finalists and asking for votes.
7. After the voting period, Sponsor will count the votes and announce the three winners via Facebook, Twitter, and Instagram.
Entry Period: July 26, 2018 to August 19, 2018
Finalists Announced: August 20, 2018
Voting Period: August 20, 2018 to August 27, 2018
Winners Announced: August 31, 2018
FINALISTS: Five (5) finalists will be selected by Sponsor from the eligible entrant submissions by August 20, 2018. These finalists will be announced via Facebook, Twitter, and Instagram. Sponsor will select finalists who reflect MarineMax’s culture, share MarineMax’s core values of honesty, trust, loyalty, consistency, always do what is right and treat others as we want to be treated as well as share MarineMax’s belief that boating changes lives.
WINNER: Three (3) winners will be voted on by MarineMax Instagram followers from the five finalists by August 27, 2018. The winners will be announced by August 31, 2018. Each winner will be named a member of the MarineMax Band of Boaters and receive a MarineMax Boating Kit valued up to $150. Sponsor will purchase the MarineMax Boating Kits and have them shipped directly to the winner’s door anywhere in the United States within 31 days of the selection of the winner. As a Brand Ambassador, the winners will be responsible for posting about the love of boating on Instagram in partnership with MarineMax from September 1, 2018 to December 31, 2018. Sponsor will promote these posts and the winners in marketing materials such as social media, www.MarineMax.com, MarineMax Lifestyles magazine, emails and other mediums and outlets.
Upon verification, the winner will be announced by August 31, 2018 via the MarineMax Facebook pages, Twitter and Instagram accounts. The winner will have five (5) days to contact Sponsor at email@example.com with their address for shipping and to accept their role as a member of the MarineMax Band of Boaters. The Sponsor’s decisions are based on its sole discretion and interpretation of these official rules, and are final and binding in all respects. If a potential winner does not respond to the notification comment within five (5) business days from the first notification attempt, then such entrant will be disqualified and an alternate winner will be selected.
The winners will be required to provide their social security number and execute an Affidavit of eligibility, a Liability Release and a Publicity Release (the “Affidavit/Release”), and other documents including but not limited to photo identification, tax documents, as applicable, except where prohibited by law. Such applicable documents must be returned by the date and/or time indicated or within ninety (90) days of receipt of such documents. If the potential winner fails to return such documents within that time, or if an entrant is found to be ineligible, or if he/she does not comply with the official rules, then the potential winner will be disqualified, and an alternate winner will be selected by the Sponsor from the remaining entries. If the prize or prize notification is returned as undeliverable, this will result in disqualification and an alternative winner will be selected. All federal, state or other tax (including income taxes) arising from this Contest will be the sole responsibility of the winner. Winning entries and prizes are not transferable; no prize substitutions are allowed except by Sponsor who reserves the right to substitute prizes with prizes of equal or greater value. Prizes cannot be redeemed for cash. The Sponsor, its affiliates and agencies are responsible for prize delivery only.
Upon being selected as a winner and accepting the member of Band of Boaters role, the winner is responsible for:
1. Posting on Instagram twice per month from September 1, 2018 to December 31, 2018, about their love for boating with a reference to MarineMax and being a member of Band of Boaters. Minimum requirements are to post on Instagram a photo, video or Instagram story that tags @marinemax.com and uses #unitedbywater. The photo, video or Instagram story should relate to their love of boating. Each post made each month must be at least one week apart.
2. Meet a Sponsor representative at the winner's closest MarineMax store to be videotaped sharing their story and love of boating on camera and on their boat. This footage will be used to create a video that will be promoted by Sponsor. Filming must take place by October 31, 2018 and winners shall allow for filming to take up to eight hours.
3. During the time period of September 1, 2018 to December 31, 2018, the winners may not post about other boat or yacht dealers on their social media accounts.
4. Maintain a digital presence across all social media, blogs, news outlets and websites that is in good taste and free of inappropriate language and/or any content that promotes bigotry, racism or discrimination against an individual based on race, gender, religion, nationality, disability sexual orientation or age.
Sponsor has the right, at its sole discretion, to terminate the winner as a member of MarineMax Band of Boaters immediately in the event that: (i) winner fails, neglects or refuses to fully perform any of the obligations to be performed as described in this document; (ii) winner materially breaches the terms of this contest or any of the warranties or representations made herein; (iii) winner commits any act or does anything that is or shall be an offense involving moral turpitude under federal, state or local laws, or which brings winner, or any Sponsor Party, in its sole opinion, into public disrepute, contempt, scandal, or ridicule, or which insults or offends the community or any substantial organized group thereof, or which might tend to injure the success of any Sponsor Party.
Posts made by a winner as a member of MarineMax Band of Boaters in relation to this contest must:
1. Disclose their relationship with Sponsor by including #marinemax_partner in their post in a way that is easily noticed and understood by users.
2. Be in good taste and may not:
- Be pornographic, sexually explicit or suggestive, or contains profanity or nudity
- Be unnecessarily 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);
- Promote any activities that may appear unsafe or dangerous
- Be obscene or offensive, or endorses any form of hate or hate group
- Be defamatory, misrepresentative or contain disparaging remarks about other people or entities
- Communicate messages or images inconsistent with the positive images and/or good will with which MarineMax wishes to associate
- Violate any law.
3. Include wearing or using Sponsor gear provided in the MarineMax Boating Kit prize in posts to display the MarineMax brand.
4. Only make factual statements that are truthful and can be verified. In an effort to accurately relay brand names, product attributes and program information, please refer to all Sponsor-provided materials, if available, when developing content pertaining to MarineMax or MarineMax’s products. Most importantly, winners should only make factual statements about MarineMax or MarineMax’s product’s characteristics or quality which wnner knows for certain are true and can be verified. For example, members of MarineMax Band of Boaters should not make statements about the performance of a product unless Influencer has support for such claims.
5. Be accurate in the spelling and use of MarineMax and terms that have been trademarked or registered by Sponsor such as Getaways!® and Women on Water®. Sponsor will provide a guide for use of these types of terms for the winners to follow.
6. Respect intellectual property rights. Intellectual property is the group of legal rights to works that people create or invent. Intellectual property rights typically include copyright, trademark, and trade secret rights, as well as the right to use someone's name, likeness or voice. Examples include photographs, videos, music, trademarks/logos, personal names/likenesses (including celebrities’ names/likenesses), and writings. Winner should never post or share any content that violates or infringes the intellectual property rights of any third party. If winner is unsure about a work, particularly in instances where a work includes a third-party’s trademark/logo, or music, film or television clips, or a celebrity’s name, photo or image, winner should check with MarineMax before using the work. A good rule of thumb is, if in doubt, do not post it.
7. Comply with other policies and laws. Winners should comply with all applicable laws, rules and regulations, as well as the terms, conditions, guidelines and policies of any social media platform or service that winners uses in connection with the services provided as a member of MarineMax Band of Boaters.
8. Comply with all boating and marine policies and laws in their state as well as the United States.
Please note that Sponsor reserves the right to monitor influencer’s compliance with these guidelines and to terminate winners' participation in any applicable campaign in the event of any noncompliance. If a winner is terminated, they understand and agree that effective on the date of termination, they may no longer post comments, photos, videos, etc. about MarineMax or reference any relationship to MarineMax. Winners also acknowledges that following termination or expiration of this agreement, they shall not make any disparaging comments about MarineMax and/or its employees, shareholders, and directors.
This Contest is subject to all applicable federal, state and local laws. By participating, entrants and their participating entities agree to be bound by these Official Rules and the decisions of the Sponsor and waive any right to claim ambiguity in the Contest or these Official Rules. The Contest Entities shall not have any liability for (i) any technical failures of any kind, including but not limited to malfunctions, interruptions or disconnections in phone lines or network hardware or software; (ii) technical or human error which may occur in the administration of the competition; (iii) any malfunction of or damage to the prizes; or (iv) any restrictions or delays imposed by any customs authorities or any import or other taxes of any kind imposed by any taxation authority in respect of the prizes. Contest Entities are not responsible for lost, late, misdirected, undeliverable, illegible, or incomplete entries, whether due to system errors or failures, faulty transmissions or other telecommunications malfunctions, entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, faulty transmissions, technical malfunctions, human error or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in this Contest or downloading any materials in this Contest. Sponsor may prohibit an entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants, Sponsor, or Contest Entities. If for any reason this Contest is not able to be conducted as planned, including, but not limited to, by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the promotion, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest and randomly draw from those entries received up to the cancellation/suspension date. By participating, entrants completely release Instagram from any responsibility in conjunction with this Contest. This Contest is in no way sponsored, endorsed, or administered by, or associated with, Instagram. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
NO WARRANTIES. LIMITATION OF LIABILITY
Sponsor does not make any representation OR warranty with respect to the Prize, and disclaims ANY AND all EXPRESS AND IMPLIED warranties to the maximum extent allowed by law, including warranties of merchantability and fitness for a particular purpose with respect to the prizes. By entering, entrants and the winner agree to comply with all Official Rules, as stated and agree to release, discharge, indemnify and hold harmless the Contest Entities and each of their respective officers, directors, employees, representatives and agents and Instagram from and against any claims made by the winner, entrants, or any other third parties, related in any way to the operation of this Contest as well as any other claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in this Contest.
RIGHT TO AMEND
Sponsor reserves the right to revise, amend, suspend or end the Contest, or portions of the Contest, without prior notice, if any portion of the Contest is deemed to violate any local, state or federal regulations without liability to any entrants.
Sponsor will not provide information to 3rd parties.
USE OF YOUR INFORMATION FOR MARKETING PURPOSES
By participating in the Contest, you grant both the Sponsor and any of its Marketing Partners the right to use your name, likeness and biographic information or other information submitted in connection with the Contest for marketing and promotional purposes including on Sponsor’s website, social media pages or marketing literature, unless you specifically request in writing that we do not. You hereby waive any right to inspect or approve the finished article, photographs, video, advertising copy, or printed matter that may be used in conjunction therewith, or to the eventual use that it may be applied. You hereby acknowledge and agree that you have no further right to additional consideration. Sponsor may disclose such information to companies and individuals we employ to perform functions on our behalf. Examples may include our Web server-hosting firm and site developers, data providers, data analyzers, marketing assistance providers, credit, and other employer/member service providers. These companies and individuals will have access to your personal information as necessary to perform their functions, but they may not share that information with any other third party.