Social Car Show Rules
SOCIAL CAR SHOW ("Competition") IS OPEN TO INDIVIDUALS AND BUSINESSES,WHO ARE RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA, 16 YEARS OF AGE OR OLDER, AND WHO PURCHASE A TICKET ONLINE AT THEFOAT.COM TO ENTER AN ELIGIBLE VEHICLE AT A PHYSICAL LOCATION FOR A PARTICIPATING CAR SHOW EVENT FOR PURPOSES OF COMPETITION. VOID WHERE PROHIBITED BY LAW.
REGISTRATION IN THIS COMPETITION CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES:
In order to register for the Competition, you must agree to these Official Rules ("Rules"). Therefore, please read these Rules prior to registration to ensure you understand and agree. You agree that registration in the Competition constitutes agreement to these Rules. You may not register for the Competition and are not eligible to receive the prizes described in these Rules unless you agree to these Rules. These Rules form a binding legal agreement between you and TheFOAT.com with respect to the Competition.
To be eligible to enter the Competition, you must: (1) be 16 years or older on the registration date; (2) be a resident of 50 United States, and the District of Columbia; (3) purchase a car show ticket through TheFOAT.com for an eligible car show event; (4) maintain an active user account at TheFOAT.com with your REAL NAME through the entire period of the Competition; (5) upload photos and maintain your Vehicle / Ride complete with ride details and you must show all four sides of your ride (front, back, driver's side, and passenger side); (6) use only one vehicle per Social Car Show entry code per eligible land based car show event (Competitors are eligible to enter more than one Social Car Show Competition with one vehicle by attending multiple eligible land based car show events and entering the unique Social Car Show entry code from the online ticket purchase). Only the HIGHEST vote count obtained is scored in the overall social car show competition. For example, if a competitor enters three land based car show competitions that are eligible for the competition and the competitor receives scores of 70, 80 and 90 in the competition they will only receive the 90 score for the overall competition. The 70 and 80 will be disregarded for competition purposes (but remain on the competitors individual ride page).
Employees, interns, contractors, and official office-holders of TheFOAT.com and their respective directors, officers, employees, advertising and promotion agencies, representatives, featured partners and sponsors, and their immediate families (parents, siblings, children, spouses, and life partners of each, regardless of where they live) and members of the households (whether related or not) of such employees, officers and directors are ineligible to participate in this Competition. If you have ever been disqualified for any reason from the Social Car Show you, the person (regardless of the vehicle you enter), are considered ineligible to compete. TheFOAT.com reserves the right to verify eligibility and to adjudicate on any dispute at any time.
The Competition is sponsored by TheFOAT.com. ("The FOAT" or "Sponsor"). You may contact TheFOAT.com at P.O. Box 3608, Bakersfield, CA, 93385, USA and by email at email@example.com
Competition Sponsors are official sponsors of the Competition. TheFOAT.com is solely responsible for the maintenance and upkeep of the social car show. All prize distributions are the sole responsibility of TheFOAT.com. All competitors agree to absolve all liability to official sponsors.
TheFOAT.com uses a multifaceted proprietary means of authentication for each competitor in the Competition. Authentication is paramount to the integrity of the competition. Therefore, you are not eligible for entry into the competition if you purchase your ticket by any means other than online at TheFOAT.com due to authentication purposes. You must use your real name when signing up with TheFOAT.com. All winners will have to provide a copy of up to date vehicle registration to prove ownership of submitted vehicle for competition (in case of vehicle sale please make sure you keep a photo copy of registration for authentication). The competitor is required to attend the car show which will be authenticated by the promoter of the car show.
The Competition begins at 12:00:00 A.M. Pacific Time (PT) Zone in the United States on January 1, 2013 and ends at 11:59:59 P.M. PT on December 31, 2013 ("Competition Period"). The Competition is comprised of competitors who purchase a car show ticket through TheFOAT.com from an eligible car show event within the Competition Period. For example, if you purchase a ticket online for a car show that takes place November 10th 2013 you will be eligible for the 2013 Social Car Show Competition. **You must submit your vehicle for competition on TheFOAT.com no more than 10 days from the date of your actual land based car show the online ticket was purchased for. For example, if your car show ticket was purchased online for a car show on the 10th of November you must enter your ride online by the 20th of November for an eligible entry to the Social Car Show.** Each eligible entry entails 60 days of competition voting online per individual Vehicle / Ride entry. For example, if you enter your vehicle for the competition on November 20th your voting will end 60 days from the point of entry. If your 60 day voting period extends into the next calendar year (from this example 2014) you are still competing in the 2013 competition because your actual land based car show took place in 2013. The voting begins as soon as the unique Social Car Show entry code is entered with your ride submission on TheFOAT.com. When the 60 days of the competitor is complete you will no longer be able to obtain social car show votes for the eligible event and your position is locked in and will continually be compared to other competitors participating throughout the Competition Period. If you are entered into two eligble events at the same time and one of the events ends the other event will remain open for voting until the 60 day period ends. The countdown clock on the ride page will show all Competition votes for each eligble event entered. The competition winner will be announced March 12, 2014 (or potentially earlier) - Why is the winner announced in 2014? Because a competitor could purchase a ticket for an eligible car show in late December and have up to 10 days to enter their Vehicle / Ride and another 60 days of voting. Therefore, we have to allot enough time for all competitors to compete fairly in the competition. ENTRANTS ARE RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS.
HOW TO REGISTER.
To enter the Competition, purchase a car show ticket online through TheFOAT.com ("Competition Site") from an eligible car show event during the Competition Period and follow these instructions: (1) Sign up and maintain an active user account at TheFOAT.com with your REAL NAME through the entire Competition Period; (2) Add your vehicle that you are competing with in the land based car show to the Rides section on TheFOAT.com and enter the unique Social Car Show entry code provided from your ticket purchase online; (3) upload and maintain your Vehicle / Ride complete with ride details and at least one photo of your Vehicle / Ride; (4) Limit one Vehicle / Ride per Social Car Show entry code per eligible land based car show event attended (competitors are eligible to enter more than one Social Car Show Competition with one vehicle by attending another eligible land based car show event and entering the unique Social Car Show entry code from the online ticket purchase).
**Entries are void if they are in whole or part illegible, incomplete, counterfeit, obtained through fraud, or late. All entries will be deemed made by the authorized account holder of the account used to submit the Vehicle at the time of entry if not the entry will be deemed void. The potential winner may be required to show proof of being the authorized account holder for that account. The "authorized account holder" is the natural person assigned to the account by at the time of account creation.
VEHICLE / RIDE REQUIREMENTS AND DETAILS.
Show off your Vehicle / Ride by uploading as many photos as you like in the Ride section on TheFOAT.com - BUT - you must show all four sides of your ride (front, back, driver's side, and passenger side) to have an eligible entry. You must use the social car show entry code from your ticket purchase online to make your ride eligible for competition (be sure to click "ADD Code" to activate your Vehicle / Ride for competition). The competitor's ride page will contain an official countdown clock designating how much time is left in the competition (the countdown clock starts at 60 days). The countdown clock on the ride page will show all Competition votes for each eligble event entered. Your PRIMARY PHOTO must be a photo of your VEHICLE / RIDE ONLY for Competition entry. The following are examples (but not limited to) of an unacceptable PRIMARY PHOTO: statements, images of sexual nature, people, pets, and illegal activities. Failure to comply could result in disqualification. By submitting an entry in the Competition each competitor represents and warrants that his or her Photographs conform to these Official Rules and meet the following criteria:
- It must be an original work that does not contain, incorporate or otherwise use any content, material or element that is owned by a third party or entity.
- It must not be or include content which is derogatory, offensive, threatening, defamatory, disparaging, libelous or contain any content that is in appropriate, indecent, sexual, profane, indecent, tortuous, slanderous, discriminatory in any way, or that promotes hatred or harm against any group or person, or otherwise does not comply with the theme and spirit of the Competition
- It must not contain content, material or any element that is unlawful, or otherwise in violation of or contrary to all applicable federal, state, provincial or local laws and regulations the laws or regulations in any state where the Photographs were created.
- It must not contain any content, material or element that displays any third party advertising, slogan, logo, trademark or otherwise indicates a sponsorship or endorsement by a third party, commercial entity or that is not within the spirit of the Competition, as determined by Sponsor, in its sole discretion.
- It must not reference any person, group, or organizations without their written permission.
- It cannot contain any content, element, or material that violates a third party's intellectual property rights, including but not limited copyrights, trademarks, patents, trade secrets, logos, contract and licensing rights, rights of publicity or privacy, moral rights, or any other intellectual property rights.
- It must not be subject to any third party agreement(s) which may require Sponsor to pay any sum of money to any person or entity as a result of its use or exploitation of the Photographs or rights therein.
- Submitted photographs will be automatically resized when uploading to TheFOAT.com.
- Photographs must be submitted to one of the 14 categories that are set out in the Competition Site.
During the Competition Period, the Sponsor will be evaluating each entry to ensure that it does not violate the Vehicle / Ride Requirements and Details. While the Sponsor will make every effort to review the submitted Vehicles / Rides to ensure that they meet the Vehicle / Ride Requirements and Details; they may not be able to view all Vehicles / Rides during the Competition Period. All winners will be evaluated prior to be awarded any prizes.
A ride submission from a competitor for the competition will be considered in whole as one submission for voting purposes. Only 1 vote is allowed on a ride per location from a registered member on TheFOAT.com by clicking the VOTE button. If it is determined that any voting occurred by mechanical means, including but not limited to bots, hacking, software manipulation, spyware, malware, etc., that ride will be immediately disqualified. If two people reside in one household and have two separate accounts they will only have one eligible vote per ride due to location. Location is determined by IP Address. A registered member is allowed to vote on multiple rides but is only allowed to vote once on each ride in a 24 hour period. A registered member using multiple accounts for voting purposes will result in the closure of the accounts and deletion of corresponding votes. Social Car Show entrants found receiving votes by means of multiple accounts may be disqualified from the competition. Votes made by ANYONE OTHER than the registered member will be declared ineligible and all corresponding votes will be deleted from the competition. Therefore, votes made on the behalf of a registered member by someone other than the registered member will be considered ineligible and all corresponding votes will be deleted from the competition. If a registered member voluntary closes their account during the voting process of a Social Car Show competition year - all corresponding votes for a Social Car Show competitor will be deleted from their total. The competitor's rank/place in the Competition will strictly be decided by how many votes they obtained in the 60 day time span from registered members on TheFOAT.com. Competitors are eligible to enter more than one Competition with one vehicle by attending multiple eligible land based car show event and entering the unique Social Car Show entry code from the online ticket purchase. As soon as the vehicle / ride information is submitted with the Social Car Show entry code the competition (voting) begins for that competitor even if the land base car show they purchased the online ticket for has not begun. Only the HIGHEST vote count obtained is scored in the overall Competition. For example, if a competitor enters three land based car show competitions that are eligible for the Competition and the competitor receives scores of 70, 80 and 90 in the social car show they will only receive the 90 score for the overall competition. The 70 and 80 will be disregarded for competition purposed but remain on the competitors individual ride page. There are two numbers presented on eligible Competition vehicles / rides on TheFOAT.com. The blue number represents total Social Car Show votes. The red number represents the total number of Like votes. Only the blue number (Social Car Show votes) is considered a vote for this competition. The red number (Like votes) has no effect in the outcome of the competition.
Cash prizes will be awarded to the top 10 competitors in the Competition. The approximate retail value (ARV) of each position is as follows: 1st = $1500.00, 2nd = $1000.00, 3rd = $250.00, 4th = $150.00, 5th =$100.00, 6th-10th = $50.00 each. In the event of a tie in any of the top 10 places the prize money will be split amongst places. For example, if 2 competitors tie for 1st place they will split the 1st and 2nd place prize money. Since 1st place is $1500.00 and 2nd place is $1000.00 the two competitors will receive $1250.00 each. In the event of a tie for the 10th place position the 2 competitors will split the 10th place prize money. For example, 10th place is $50 the 2 competitors tied for 10th place will each receive $25. In the event that a Finalist is unable, for whatever reason, to accept any Prize then TheFOAT.com reserves the right to award the prize to the next place competitor in the competition.
Failure to return any required requests or forms by April 12, 2014 may prevent a competitor from receiving the cash prize and TheFOAT.com reserves the right to award the prize to the next place competitor in the competition.
Terms Applicable to All Prizes. Odds of winning any prize depends on the number of eligible competitors received during the Competition Period. No transfer, substitution or cash equivalent for prizes is allowed, except at Sponsor's sole discretion. Sponsor reserves the right to substitute a prize, in whole or in part, of equal or greater monetary value if a prize cannot be awarded, in whole or in part, as described for any reason, including laws. The prize may be subject to restrictions and/or licenses. Competition Sponsors are not responsible in any manner for any warranties, representations, or guarantees, express or implied, in fact or law, relating to the prizes, regarding the use, value or enjoyment of the prize, including, without limitation, its quality, mechanical condition, merchantability, or fitness for a particular purpose, with the exception of any standard manufacturer's warranty that may apply to the prize or any components thereto. TheFOAT.com does not collect entry fees for the competition. Service fees applied to online ticket sales are not and should not be construed as entry fees for the competition.
PAYMENTS TO POTENTIAL WINNERS ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO THEFOAT.COM ALL DOCUMENTATION REQUESTED BY THEFOAT.COM TO PERMIT IT TO COMPLY WITH ALL APPLICABLE FEDERAL, STATE, PROVINCIAL, LOCAL AND FOREIGN TAX REPORTING AND WITHHOLDING REQUIREMENTS. ALL PRIZES WILL BE NET OF ANY TAXES THEFOAT.COM IS REQUIRED BY LAW TO WITHHOLD. ALL TAXES IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNERS. In order to receive a prize, potential winners must submit the tax documentation requested by TheFOAT.com or otherwise required by applicable law, to TheFOAT.com or the relevant tax authority, all as determined by applicable law, including, where relevant, the law of the potential winner's country of residence. The potential winners and finalists are responsible for ensuring that they comply with all the applicable tax laws and filing requirements. If a potential winner or finalist fails to provide such documentation or comply with such laws, the prize may be forfeited and TheFOAT.com may, in its sole discretion, select an alternative potential winner.
All federal, state, provincial and local laws and regulations apply. TheFOAT.com reserves the right to disqualify any entrant from the Competition if, in TheFOAT.com's sole discretion, it reasonably believes that the entrant has attempted to undermine the legitimate operation of the Competition by cheating, deception, or other unfair practices or annoys, abuses, threatens or harasses any other entrants, viewers, employees of TheFOAT.com.
INTELLECTUAL PROPERTY RIGHTS.
By entering the Competition, and to the extent allowed by law, entrant grants, but solely in relation to the Competition TheFOAT.com and TheFOAT.com's affiliates, licensees, promotional partners, developers and third party marketing entities ("Permitted Users") a non-exclusive, perpetual, worldwide, royalty-free license to modify, rearrange, copy, reproduce and adapt the images only to fit the format required for product web pages and marketing materials, and to publish and use the Photographs themselves and the content of and elements embodied in the photographs, including any names, locations and likenesses, for the duration of the rights, in any and all media, including but not limited to digital and electronic media, computer, and audiovisual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner without further review, notice, approval, consideration, or compensation.
PRIVACY AND TERMS OF SERVICE.
By accepting a prize, entrant agrees that TheFOAT.com and its Sponsors can use his or her name and/or likeness and Photographs for advertising and promotional purposes without additional compensation. The Social Car Show entry code entered for submission correlates to a ticket partner on TheFOAT.com. The competitor agrees the ticket partners name and unique marketing information can appear in the form of (but is not limited to) banners, marketing messages and logos on their ride page and ride images. Also, their ride images may appear on the ticketing partners individual profile page(s) and ticket selling page(s).
WARRANTY AND INDEMNITY.
Competitors warrant that their photographs are their own original work and, as such, they are the sole and exclusive owner and rights holder of the submitted photographs and that they have the right to submit the photographs in the Competition and grant all required licenses. Each competitor agrees not to submit any entry that (1) infringes any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, patent, trade secret, privacy, publicity or confidentiality obligations; or (2) otherwise violates the applicable state, federal, provincial or local law. The Competitor also warrants that they have submitted their own entry and not another person other than the competitor.
To the maximum extent permitted by law, each competitor indemnifies and agrees to keep indemnified Competition Entities at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the entrant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, each entrant agrees to defend, indemnify and hold harmless the Competition Entities from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any Photographs or other material uploaded or otherwise provided by the entrant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by the entrant in connection with the Competition; (c) any non-compliance by the entrant with these Rules; (d) claims brought by persons or entities other than the parties to these Rules arising from or related to the entrant's involvement with the Competition; (e) acceptance, possession, misuse or use of any prize or participation in any Competition -related activity or participation in this Competition; (f) any malfunction or other problem with the Competition Site; (g) any error in the collection, processing, or retention of entry information; or (h) any typographical or other error in the printing, offering or announcement of any prize or winners.
TheFOAT.com may, in its sole discretion, eliminate a competitor if any false information provided within the context of the Competition by any entrant concerning identity, mailing address, telephone number, email address, ownership of right or non-compliance with these Rules or the like may result in the immediate elimination of the entrant from the Competition.
TheFOAT.com is not responsible for any malfunction of the entire Competition Site (Social Car Show) or any late, lost, damaged, misdirected, incomplete, illegible, undeliverable, or destroyed registrations due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet or at the Competition Site, or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit an entrant's ability to participate.
RIGHT TO CANCEL, MODIFY OR DISQUALIFY.
If for any reason the Competition is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Competition, TheFOAT.com reserves the right at its sole discretion to cancel, terminate, modify or suspend the Competition. You acknowledge that TheFOAT.com reserves the right to modify rules. TheFOAT.com further reserves the right to disqualify any entrant who tampers with the submission process or any other part of the Competition or Competition Site. Any attempt by an entrant to deliberately damage any web site, including the Competition Site, or undermine the legitimate operation of the Competition is a violation of criminal and civil laws and should such an attempt be made, TheFOAT.com reserves the right to seek damages from any such entrant to the fullest extent of the applicable law.
NOT AN OFFER OR CONTRACT OF EMPLOYMENT.
Under no circumstances shall the submission of an entry into the Competition, the awarding of a prize, or anything in these rules be construed as an offer or contract of employment with either TheFOAT.com, Competition Sponsors or the Competition Eligible Event Entities. You acknowledge that you have submitted your registration voluntarily and not in confidence or in trust. You acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between you and TheFOAT.com or the Competition Entities and that no such relationship is established by your registration under these Rules.
FORUM AND RECOURSE TO JUDICIAL PROCEDURES.
These Rules shall be governed by, subject to, and construed in accordance with the laws of the State of California, United States of America, excluding all conflict of law rules. If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this competition are hereby excluded, and all participants expressly waive any and all such rights.
By entering the Competition, you agree that exclusive jurisdiction for any dispute, claim, or demand related in any way to the Competition will be decided by binding arbitration. All disputes between you and TheFOAT.com of whatsoever kind or nature arising out of these Rules, shall be submitted for binding arbitration under its rules then in effect in the Bakersfield, California, USA area, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred.
You can see a complete list of winners of the 2013 Social Car Show on March 12, 2014 (or earlier) by visiting www.thefoat.com. Why is the winner announced in 2014? Because a competitor could purchase a ticket for an eligible car show in late December and have up to 10 days to enter their vehicle and another 60 days of voting. Therefore, we have to allot enough time for all competitors to compete fairly in the competition.