ESPN #ChooseWisely VINE CONTEST OFFICIAL RULES NO

ESPN #ChooseWisely VINE CONTEST
OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.
A PURCHASE OR PAYMENT OF ANY KIND WILL NOT
INCREASE YOUR CHANCES OF WINNING.
1. SPONSOR: ESPN Internet Ventures (“Sponsor”), 56 West 66th Street, New York, NY
10023.
2. ELIGIBILITY: The ESPN #ChooseWisely Vine Contest (“Promotion”) is open to legal
residents of the 50 United States and the District of Columbia, (EXCLUDING PUERTO
RICO, OTHER UNITED STATES TERRITORIES, AND FOREIGN TERRITORIES)
(“Territory”), of at least 18 years of age, or the age of majority in his/her jurisdiction of
residence, as of date of entry. Officers, directors, and employees (and members of their
households or immediate families, i.e., parents, children, spouses, siblings, grandparents,
the step-parents, step-children, and step-siblings of each and persons residing in such
immediate family members' households) of Sponsor, its parent, related, affiliated and
subsidiary companies, all other entities involved in the creation, administration, or fulfillment
of the Promotion and their respective successors and assigns are not eligible to enter or
win. Participation constitutes full and unconditional agreement to these official rules
(“Rules”). Sponsor’s decisions are final and binding in all matters related to the Promotion.
Winning is contingent upon fulfilling all requirements set forth herein. Void where
prohibited or restricted by law.
To participate in the Promotion, an eligible entrant (“Entrant”) must download the Vine
mobile application to his/her wireless device. To participate in the Promotion, an Entrant
must agree to comply with the Vine terms of service and privacy policy. There is no cost to
download the application. Note that the Entrant’s wireless service provider may charge the
Entrant for applicable data charges. Entrants should consult their wireless service providers
regarding pricing plans. Message and data rates may apply. Entrants should review their
mobile device’s capabilities for specific application instructions.
In addition, an Entrant must have a non-private Twitter® account to participate in the
Promotion, as all prize winners will be notified via their Twitter accounts. The Twitter
accounts are for notification purposes only and Twitter is not a means of entry into the
Promotion. If an Entrant does not have a non-private Twitter account, there is no cost to
create one at www.twitter.com. To participate in the Promotion, an Entrant must agree to
comply with the Twitter terms of use and privacy policy in order to create a Twitter account.
There is no charge to follow @ESPN on Twitter. If an entrant has a Twitter account and is
not already a follower of @ESPN, then an entrant may log onto Twitter using his/her Twitter
user name and password, and then may become a follower of @ESPN by going to
https://twitter.com/ESPN clicking the "Follow" button.
3. HOW TO ENTER:
A. General: The Promotion entry period begins on 12:00:00 PM (noon) Eastern Time
("ET") on March 12, 2014 and ends at 11:59:59 PM ET on March 19, 2014 (“Promotion
Period”). Entries may be submitted during the entire Promotion Period. During the
Promotion Period, there will be one (1) daily prize (“Daily Prize”) awarded to entries
submitted during those time periods set forth in the chart below (“Daily Prize Periods”)
and chosen to be Daily Prize winners by the Judges (as defined in Section 6). An Entry
(as defined in Section 3B) is eligible for a Daily Prize as of the calendar day that it is
entered into the Promotion and for all future days through the end of the Promotion
Period. In addition, at the end of the Promotion Period, the Judges will select a Grand
Prize winner. Limit one (1) Daily Prize per person/address/household. A
person/address/household may win both a Daily Prize and the Grand Prize. The
Administrator’s computer is the official Promotion clock.
The following chart identifies each Daily Prize Period:
Daily Prize
Period
1
2
3
4
5
6
7
8
Start Date
(as of 12:00 PM ET)
03/12/2014
03/13/2014
03/14/2014
03/15/2014
03/16/2014
03/17/2014
03/18/2014
03/19/2014
End Date
(as of 11:59:59 PM ET)
03/12/2014
03/13/2014
03/14/2014
03/15/2014
03/16/2014
03/17/2014
03/18/2014
03/19/2014
Judging Date
(on or about)
03/13/2014
03/14/2014
03/15/2014
03/16/2014
03/17/2014
03/18/2014
03/19/2014
03/20/2014
Notification Date
(on or about)
03/13/2014
03/14/2014
03/15/2014
03/16/2014
03/17/2014
03/18/2014
03/19/2014
03/20/2014
B. Entries: During the Promotion Period, an Entrant must complete each of the
following steps to receive one (1) entry into the Promotion (an “Entry”):
i.
Create a six (6) second or less Vine video illustrating making tough decisions
in filling out the Men’s Tournament Challenge brackets (the “Video”);
ii.
Add the hashtag #ChooseWisely to the description of the Video on Vine; and
iii.
Share the Video.
An Entrant may enter an unlimited number of Entries during the Promotion Period. All
Entries submitted during the Promotion Period are subject to all of the provisions of
these Rules, including but not limited to the Entry Guidelines and Requirements set forth
in Section 4. Entrants must adhere to the Vine privacy policy and follow all Vine terms of
service, including rules and guidelines in creating, describing, posting and sharing the
Video.
Entrant understands and agrees that Entrant shares the Video at Entrant’s sole risk and
the Sponsor is not responsible for any claims arising from the Video, specifically
including, but not limited to, claims for intellectual property infringement and privacy
rights violations, as well as violations of Vine’s terms of service. Entrant may not share
any video that is potentially offensive, features recognizable people who have not
provided consent, or that originates from an unknown or proprietary source. Entrant may
not share any video unless the Entrant can verify that sharing the image does not violate
the rights of any other person or company. Sponsor reserves the right, in its sole and
absolute discretion, to disqualify any Entry that does not comply with the above terms or
Entry Guidelines and Requirements set forth herein.
By submitting an Entry, Entrant hereby grants permission for the Entry, including the
Entrant’s Vine account name, to be posted on the Sponsor’s website or other websites
for public view. All Entries are subject to confirmation and/or verification and compliance
with these Rules as determined by Sponsor.
4. ENTRY GUIDELINES AND REQUIREMENTS: Each Entry:
 Must be in English;
 Must not contain material that violates or infringes another's rights, including, but not
limited to, privacy, publicity or intellectual property rights, including copyright
infringement, or legal or moral rights of any third party, living or deceased;
 Must have approval from any persons appearing in the Entry and the Entrant must
be able to provide express written consent of every such person appearing in the
Entry to Sponsor if requested;
 Must not disparage Sponsor or any other person or party affiliated with the
promotion and administration of this Promotion;
 Must not include any personally identifiable information, such as an Entrant’s full
name, address or telephone number;
 Must be the sole, exclusive and original work of the Entrant and must not contain
images or artwork, music, quotes, parodies or other materials not created by Entrant;
 Must not contain any logos, brand names or trademarks, other than those of
Sponsor;
 Must not have been submitted previously in a promotion or contest of any kind;
 Must not contain, facilitate, reference, or use material that is fraudulent,
inappropriate, indecent, lewd, pornographic, obscene, hateful, tortious, defamatory,
slanderous or libelous;
 Must not contain, facilitate, reference or use material that contains prohibited content
which shall include, but is not limited to, content that promotes, suggests, or
encourages:
i. gambling, including without limitation, any content related to online
casinos, sports books, bingo or poker;
ii. the use of firearms/weapons/ammunition, any illegal drugs, prostitution,
pornography, nudity, profanity or other adult content, violence, or the use
of alcohol or tobacco products;
iii. the taking up of arms against any person, government or entity (or
otherwise challenges or seek to overthrow any government);
 Must not contain any viruses, spyware, malware, or other malicious components that
are designed to harm the functionality of a computer in any way;
 Must not contain, facilitate, reference, or use material that promotes bigotry, racism,
hatred or harm against any group or individual or promotes discrimination based on
race, gender, ethnicity, religion, nationality, disability, sexual orientation, political
orientation, citizenship, ancestry, marital status, or age; and
 Must not contain material that is unlawful, in violation of or contrary to the laws or
regulations in any jurisdiction where the Entry is created.
NOTE: If any Entry fails to comply with any of these Entry Guidelines and Requirements
or any other provisions of these Rules, Sponsor reserves the right to disqualify the
Entrant and the Entry will not be eligible to win.
5. SPONSOR’S IP AND GENERAL ENTRY TERMS: Sponsor grants Entrants a limited,
revocable, non-sublicensable license to use Sponsor’s name, product, trademarks and
logos (collectively, “Sponsor’s IP”) for the sole purpose of participating in this Promotion.
Entrants are not permitted to make any further use of Sponsor’s IP for any purpose
whatsoever. In addition, Entrants recognize that all rights, title, and interest in Sponsor’s IP
shall vest exclusively to the Sponsor, and Entrant agrees that he or she has not and will not
take any action that might harm or adversely affect such rights. No right, title or interest in
and to the Sponsor’s IP except for the limited license granted to Entrant in these Rules is
transferred or created. Each Entrant further acknowledges and agrees that Sponsor’s IP
rights are valid and enforceable, and that Entrant shall do nothing to challenge the validity
or enforceability of Sponsor’s IP in any forum. Entrants agree that the use of Sponsor’s IP is
permitted only for the purpose of making an Entry in this Promotion, and that any use of
Sponsor’s IP (whether in the Entry or otherwise) beyond this scope infringes the rights of
Sponsor and will result in irreparable harm to Sponsor.
Each Entrant retains ownership of his/her Entry. Each Entrant hereby grants to Sponsor and
its affiliated companies and designated agents a non-exclusive, transferable, perpetual,
irrevocable, royalty free, unconditional, fully paid license and right (a) to post and to make,
have made, use, copy, reproduce, modify, and create derivative works of, the Entry and any
materials provided by the Entrant with the Entrant’s Entry or otherwise through the
Promotion (“Entrant Materials”), (b) to publicly perform or display, import, broadcast,
transmit, distribute (directly and indirectly), or license the Entry and Entrant Materials (and
derivative works thereof), and (c) to sublicense to third parties the foregoing rights, including
the right to sublicense to further third parties. Additionally, each Entrant consents to the use
of the name, statements, photographs, videos, voice recordings and likenesses of
himself/herself and any other person appearing in the Entry and Entrant Materials, as well
as Entrant’s Vine account name, for publicity purposes, as well as any other purpose
associated with the Promotion.
If requested, Entrant will sign any documentation that may be required for Sponsor or its
designees to make use of the non-exclusive rights Entrant is granting to use the Entry and
Entry Materials.
6. JUDGING AND SELECTION OF THE DAILY WINNERS AND GRAND PRIZE WINNER:
During each Daily Prize Period set forth in Section 3 of these Rules, all eligible Entries
received during each Daily Prize Period will be judged by a panel of qualified judges
selected by the Sponsor (“Judges”). The Judges will score each Entry according to the
following weighted judging criteria (collectively, “Judging Criteria”): (1) Creativity– 50%; (2)
Best use of Vine capabilities – 25%; and (3) Expression of the Tournament Challenge
“Choose Wisely” Campaign Theme – 25%. The one (1) Entry that receives the highest
overall score based on the Judging Criteria will be deemed a Daily Prize potential winner. In
the event of a tie, the tied Entries will be reviewed by the Judges and the Entry with the
highest score in “Expression of the Tournament Challenge “Choose Wisely” Campaign
Theme” will be named the potential Daily Prize winner. In no event will there be more than
one (1) Daily Prize winner per Daily Prize Period. In no event will there be more than eight
(8) Daily Prize potential winners during the Promotion Period.
For the Grand Prize, the top 5 Entries from each day will be re-scored by the Judges using
the Judging Criteria. The one (1) Entry that receives the highest overall score based on the
Judging Criteria will be deemed to be the potential Grand Prize winner. In the event of a tie,
the tied Entries will be reviewed by the Judges and the Entry with the highest score in
“Expression of the Tournament Challenge “Choose Wisely” Campaign Theme will be
named the potential Grand Prize winner. In no event will there be more than one (1) Grand
Prize winner during the Promotion Period.
All winners are subject to review of eligibility and confirmation of their compliance with these
Rules. Decisions of the Judges are final and binding. In the event of a dispute regarding
prize claims or entries received from multiple users having the same address, the
authorized subscriber of the address at the time of Entry used to enter, and not the name on
the Entry, will be deemed to be the Entrant and must comply with these rules. Authorized
account subscriber is the natural person who is assigned the address by the Internet
Service Provider (ISP), on-line service provider, or other organization responsible for
assigning Vine accounts. Each Entrant may be required to show proof of being an
authorized account holder. Sponsor reserves the right to disqualify any Entrant and/or Entry
in its sole and absolute discretion.
7. PRIZES & APPROXIMATE RETAIL VALUE (“ARV”):
A. Daily Prizes (8): The “Daily Prize” is a basketball autographed by ESPN talent and
an ESPN t-shirt. The ARV of each Daily Prize is $30USD. The total ARV of all Daily
Prizes is $240 USD.
B. Grand Prize (1): The “Grand Prize” is EITHER (i) GoPro HERO3+, ōlloclip for iPhone
and a Joby GorillaPod Action Tripod with GoPro Mount (ARV $440) OR (ii) a trip for two
(2) to the 2014 Champions Classic Tournament in Indianapolis, Indiana. The trip will
include [1] roundtrip coach/ecomony class airfare for the Grand Prize winner and one
travel companion between the major commercial airport closest to the Grand Prize
winner’s residence (as determined by Sponsor in its sole discretion) and an airport close
to the 2014 Champions Classic Tournament. If the Grand Prize winner lives within 250
miles of Indianapolis, IN, transportation will not be provided; [2] roundtrip airport ground
transfers between the destination airport, the hotel and the Champions Classic
Tournament location; [3] room accommodations consisting of one (1) standard room for
one (1) night at a hotel selected by Sponsor in its sole discretion; and [4] two (2) tickets
to the Champions Classic Tournament. (ARV $1400) ARV may vary from actual value,
depending on date and point of departure. Any difference between stated and actual
value will not be awarded.
The Grand Prize winner must select and will receive only one of the two prizes
referred to above. If the Grand Prize winner lives in either Alaska or Hawaii,
he/she will automatically win the GoPro Video Camera.
The trip, if selected by the Grand Prize winner, will be referred to as the “Grand Prize
Trip.” Travel companions must be 18 or the age of majority in his/her jurisdiction of
residence, unless the child or legal ward of the Grand Prize winner.
The Grand Prize Trip must be completed prior to December 30, 2014. All Grand Prizerelated travel arrangements will be administered by Sponsor or Sponsor’s authorized
designee. All travel must be booked prior to departure. Grand Prize Trip travel is subject
to capacity controls, availability, weather, seasonal influences, and certain other
restrictions, all of which are subject to change. Grand Prize winner and his/her travel
companion will be required to travel on identical itineraries including the same departure
date and return date. Air transportation and hotel accommodations must be taken together
and cannot be taken separately. Travel companion must stay in the same hotel room as
Grand Prize winner. No changes will be made to travel details once any element(s) of the
travel arrangements have been booked, except at Sponsor’s sole discretion. All airline
tickets issued in conjunction with the Grand Prize are not eligible for upgrades, frequent flyer
miles or any other promotional benefit. Sponsor will not replace any lost or stolen tickets
(including any event tickets or admission passes), travel vouchers or certificates or similar
items once they are in the Grand Prize winner’s possession or in the possession of a travel
companion. Travel must be roundtrip. Sponsor will determine the flight itinerary in its sole
discretion. Once hotel and flight arrangements have been confirmed, no changes will be
allowed except by Sponsor in its sole discretion. No refund or compensation will be made in
the event of the cancellation or delay of any flight. Air travel is subject to the terms and
conditions set forth in these Rules and those set forth by Sponsor’s air travel prize supplier,
as detailed in the passenger ticket contract issued by such supplier. If the Grand Prize
winner elects to travel or partake in the Grand Prize with no travel companions, no additional
compensation will be awarded to the Grand Prize winner.
All costs and expenses not specifically included herein are solely the Grand Prize
winner’s responsibility as are all federal, state and local taxes. The Grand Prize winner
and his/her travel companions are solely responsible for obtaining any desired or
necessary travel documents (including government-issued photo identification). The
Grand Prize winner and travel companions hereby acknowledge that Sponsor has not
and will not obtain or provide travel insurance or any other form of insurance for any part
of the Grand Prize Trip. It is the responsibility of the Grand Prize winner and his/her
travel companion to arrive at the designated gateway airport in time for each flight that is
part of the Grand Prize.
The Grand Prize winner and his/her travel companion are responsible for all in-room
charges (e.g., mini-bar, movies), telephone calls, meals, beverages, gratuities,
upgrades, personal incidentals, amenities, and any other fees and expenses not
specifically mentioned in these Rules. The Grand Prize winner will be required to
provide a major credit card upon hotel check-in and all in-room charges will be charged
to the credit card. Any damage to the room attributed to the Grand Prize winner and/or
his/her travel companion will be the responsibility of the Grand Prize winner.
Sponsor bears no responsibility if any event, element or detail of the Grand Prize Trip is
canceled, postponed or becomes unavailable for any reason. Should any event,
element or detail of the Grand Prize become unavailable, the Sponsor shall have no
obligation to the Grand Prize winner aside from providing the travel portion of the Grand
Prize Trip, minus any unavailable event, element or detail. The Grand Prize winner and
his/her travel companion shall be subject to all terms and conditions printed on any
ticket issued in conjunction with the Grand Prize. In the event the Grand Prize winner
and/or travel companion is denied entry into any ticketed location or is removed or
barred from any ticketed location for any other reason, Sponsor is not responsible and
no further compensation or award will be provided.
C. Total ARV: The total ARV of all prizes in this Contest is up to USD $1640 based on
the Grand Prize selected.
D. Prize Conditions: Any portion of a prize not accepted or used by a winner will be
forfeited, and Sponsor shall not be responsible for any inability of winner to accept or
use any portion of the prize for any reason. No substitution, assignment or transfer of a
prize is allowed except with Sponsor's permission or where required by law. If for any
reason a prize becomes unavailable, Sponsor may award a substitute prize of equal or
greater value in its sole discretion. THE WINNER IS SOLELY RESPONSIBLE FOR ALL
FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE
OF ANY PRIZE. Award of a prize is subject to verification of eligibility and compliance
with all rules. Allow 4-6 weeks after award of prize for prize fulfillment. Grand Prize
Winner may receive an IRS Form 1099 reflecting the actual final retail value of his/her
prize.
8. WINNERS: The potential Daily Prize winners will be notified as they are selected. The
potential Grand Prize winner will be notified by posting on Vine no later than March 26,
2014. All winners will be notified at his/her Twitter account via Direct Message from
@ESPN and asked to provide his/her full name, e-mail address, Twitter account name, age
and complete mailing address (collectively, “Contact Information”) in an e-mail to
Administrator’s e-mail address as stated in the Direct Message (“Prize Notification”). At the
sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate
winner may result from any of the following: [a] potential winner’s failure to respond to
notification via e-mail to Sponsor’s e-mail address as designated in the Prize Notification
within ten (10) calendar days from the date notification is sent; [b] the return of a Prize
Notification as undeliverable; [c] potential winner’s failure to provide Sponsor with
satisfactory proof of age, identity and residency; and [d] potential winner’s failure to execute
and return an Affidavit of Eligibility/Liability/Publicity Release (including, without limitation,
the Social Security Number as required by law).
9. INTERNET/LIMITATIONS OF LIABILITY: Sponsor, its parent, related, affiliated and
subsidiary companies, their advertising, promotion and web design agencies, all other
entities involved in the creation, administration, or fulfillment of the Promotion and their
respective successors, assigns, directors, officers, employees, agents and independent
contractors, including Vine, (individually and collectively, “Releasees”) are not responsible
for technical malfunctions of any kind, including but not limited to interrupted or unavailable
network server or other connections; miscommunications; failed, partial, or garbled
telephone or computer transmissions; jumbled, scrambled or misdirected Entries or
transmissions; telephone, electrical, network, computer hardware or software or program
malfunctions, failures or difficulties; other errors, omissions, interruptions, or deletions of
any kind, whether due to electronic, human, mechanical, printing, production or technical
errors or other causes; or for any damage to any person's computer or wireless device
related to participating in the Promotion. Additionally, Releasees are not responsible for
illegible, unintelligible, late, lost or stolen Entries; incorrect or inaccurate Entry information,
whether caused by Internet users or by any of the equipment or programming associated
with or utilized in the Promotion; or for any technical or human errors which may occur in
the processing of any Entries in the Promotion. Any person attempting to enter using
multiple identities or any other device or artifice to enter multiple times or to interfere with
the proper administration of the Promotion will be disqualified from participation in the
Promotion. Additionally, any use of robotic, automatic, macro, programmed, third party or
like methods to participate in the Promotion will void any attempted participation effected by
such methods and result in the disqualification of the individual utilizing the same. Sponsor
reserves the right to disqualify any individual found or suspected, in its sole opinion, to be
tampering with the operation of the Promotion; to be acting in violation of these Rules; or to
be acting with the intent to disrupt the normal operation of the Promotion. If, in the judgment
of Sponsor, the Promotion is compromised by viruses, bugs, non-authorized human
intervention or other causes that corrupt, or may corrupt the administration, security,
fairness or intended proper play of the Promotion, so that it cannot be conducted as
originally planned, Sponsor has the right, in its sole discretion, to modify the Rules or to
cancel, modify, terminate or suspend the Promotion (except where prohibited by law); and
in such event, to select the winners by such method as Sponsor in its sole discretion shall
consider equitable. RELEASEES MAKE NO WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NONINFRINGEMENT AS REGARDS ANY PRIZE OR ANY COMPONENT OF A PRIZE.
AS SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF
IMPLIED WARRANTIES, ENTRANTS SHOULD CHECK THEIR LOCAL LAWS TO
LEARN IF ANY OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY APPLY TO
THEM.
10. PRIVACY POLICY: Any personally identifiable information collected during an Entrant's
participation in the Promotion is subject to the following Privacy Policy:
http://disneyprivacycenter.com/.
11. GOVERNING LAW: Except where prohibited, each Entrant agrees that: (1) any and all
disputes, claims and causes of action arising out of or connected with this Promotion or any
prize awarded shall be resolved individually, without resort to any form of class action, and
exclusively by state or federal courts situated in New York county, New York state, i.e.,
Manhattan; (2) any and all claims, judgments and awards shall be limited to actual out-ofpocket costs incurred, but in no event attorneys' fees; and (3) no punitive, incidental,
special, consequential or other damages, including without limitation lost profits may be
awarded (collectively, "Special Damages"), and (4) Entrant hereby waives all rights to claim
Special Damages and all rights to have such damages multiplied or increased. New York
law, without reference to New York's choice of law rules, governs the Promotion and all
aspects related thereto.
12.RELEASE: By participating, each Entrant releases and agrees to indemnify and hold
harmless Releasees from and against any and all costs, claims, damages, or any other
injury, whether due to negligence or otherwise, to person(s) or property (including, without
limitation, death or violation of any personal rights, such as violation of right of
publicity/privacy, libel, or slander), due in whole or in part, directly or indirectly, to
participation in the Promotion, or arising out of participation in any Promotion or Promotionrelated activity, or the receipt, use, or misuse of a prize.
13. GENERAL TERMS & AGREEMENT TO RULES: By entering the Promotion, Entrants
agree to abide by these Rules. In no event will more prizes be awarded than are stated in
these Rules. The Promotion is subject to all applicable federal, state, and local laws.
14. WINNERS LIST: To obtain the winners’ names, send a properly stamped selfaddressed envelope, to be received by April 18, 2014, to the #ChooseWisely Vine Contest
Winners List, c/o ESPN Internet Ventures, Marketing Department, 56 West 66th Street,
New York, NY 10023.
15. COPYRIGHT: The Promotion and all accompanying materials are copyright © 2014
ESPN Internet Ventures.
Vine is a registered trademark of Vine Labs, Inc. All Rights Reserved.
Twitter is a registered trademark of Twitter, Inc. All Rights Reserved.
This Promotion is in no way sponsored, endorsed or administered by, or associated with
Vine Labs, Inc. or Twitter Inc.