RE/MAX HOLIDAY HAIKU CHALLENGE
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. THIS CHALLENGE IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK OR INSTAGRAM.
To Enter the Challenge:
- Create an original holiday themed haiku. All haikus must consist of three lines containing five syllables in the first line, seven syllables in the second line, and five syllables in the third line.
- During the Challenge Period submit your holiday themed haiku to RE/MAX through either of the following ways:?
- Direct message the We Are RE/MAX page on Facebook (handle @weareremax) (https://www.facebook.com/WeAreREMAX/) and post an emoji in the comment section of the contest post; or
- Direct message RE/MAX Real Estate on Instagram (handle @remax) (https://www.instagram.com/remax/) and post an emoji in the comment section of the contest post.
*Please do not post your haiku in the comment section.
The RE/MAX Holiday Haiku Challenge (the "Challenge") opens at 11:01 a.m. MST on December 1, 2018 and closes at 11:59 p.m. MST on December 3, 2018 (the "Challenge Period").
The Challenge is open only to persons who are 18 years of age or older at the time of entry and a legal resident of, and currently living in, the United States (excluding Puerto Rico, Guam and all other U.S. territories and possessions) who have reached the age of majority in the jurisdiction in which they reside as of the date of entry. The following persons are not
eligible to participate in the Challenge: employees of RE/MAX, LLC (the “Sponsor”), Ideas Unlimited Promotions, or Sponsor’s associated or affiliated companies, and advertising and promotional agencies, and the immediate family members and those living in the same household of each. For clarity, RE/MAX brokers and agents are eligible to participate. The Challenge is void where prohibited or restricted by law and is subject to all applicable federal, state and local laws and regulations.
Valid entries must be submitted during the Challenge Period via Facebook or Instagram as described above. This Challenge is entered only on the Internet and/or through the Facebook App or Instagram App. All entries that are incomplete, illegible, damaged, irregular, have been submitted through illicit means, or do not conform to or satisfy any condition of these Official Rules may be disqualified. By entering, entrants acknowledge compliance with these Official Rules, including all eligibility requirements. All Eligible Entries (as defined below) will be considered in the judging process to select twelve Grand Prize winners. Entrants must comply with these Official Rules, and will be deemed to have received and understood these Official Rules by participating in the Challenge.
Entries will be deemed to have been submitted by the Authorized Account Holder of the Facebook or Instagram account used for the entry. "Authorized Account Holder" is defined as the natural person who is assigned to the Facebook or Instagram account by Facebook, Inc. All entries become the property of Sponsor and will not be acknowledged or returned. A selected entrant may be required to provide proof that he/she is the Authorized Account Holder of the Facebook or Instagram account associated with the selected entry.
Sponsor, its affiliates, and each of their respective directors, officers, employees and agents, including, without limitation, any advertising agencies and any service providers thereof (collectively, the "Sponsor Parties"), are not responsible for late, incomplete, invalid, misdirected or undelivered entries, including, without limitation, any incorrect or inaccurate transcription of entry information, human error, technical malfunction of any computer equipment or software, lost or delayed data transmission, interruption or line failure of any network, inability to access the application or online service, or any other error or malfunction.
By submitting a haiku (the "Haiku") to enter the Challenge, you agree the Haiku may be displayed or appear on the Sponsor's websites, social media sites, promotions, or in other Sponsor materials, for other users to see together with your name, location, and associated social media profile information (such as your handle and profile picture), and any text, caption, ideas or other content of any kind included in your social media post or submission (collectively, with the Haiku, the "Submission").
By entering the Challenge, you acknowledge and agree that your Submission is non-proprietary and non-confidential, may be made available to the general public and may be used in the manner described in these Official Rules. By entering the Challenge, you hereby irrevocably grant to Sponsor, its affiliates and assigns (collectively, "Licensees") the absolute, non-exclusive, worldwide, royalty-free, perpetual right, license and permission to use and otherwise exploit your Submission, all images, text and materials depicted therein and associated therewith, and your name (including your username and/or handle), photograph, likeness, image (including your profile image), words, voice and/or personal data (collectively, the "Likeness") in whole or in part, on Sponsor's public website, Sponsor's social media sites, Sponsor's marketing communications, and all other media now known or hereinafter created throughout the world, including, without limitation, the right to use, publish, display, reproduce, exhibit, distribute, copy, edit, change, modify, add to, subtract from or create derivative works therefrom.
By entering the Challenge, you hereby warrant to the Licensees: (i) you are of the age of majority or older in the jurisdiction in which you reside; (ii) the Submission is owned by you and is your original creation; (iii) the Submission does not contain any trademark, logos, brand name or trade name (or variations or parodies of them) of any company or person other than Sponsor, and does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, or violate applicable laws or regulations; and (iv) you have obtained the rights from any and all third parties appearing in such Submission to use such third party's name, image, likeness and any other third-party owned elements included in your Submission; and (v) your Submission does not include the name, image or likeness of any identifiable celebrity or famous person, any materials that are profane, obscene or contain nudity or defamatory material, or words, symbols or other material that may be offensive to persons based on race, national origin, ethnicity, religion, gender, sexual orientation, disability, or socioeconomic or demographic characteristic or that may harm the Licensees' or another company's or person's reputation.
You hereby agree that Licensees may use the Submission, or any derivative works created therefrom, alone or in conjunction with your Likeness and/or any information submitted in connection with the Haiku, in connection with its trade and any advertising and promotional purposes in any media now existing or hereafter created in any territory throughout the world without any compensation to you or any additional consents or permissions from you or any third party and without prior notice, approval or inspection. Your further agree to indemnify and hold Licensees, and their respective officers, directors, and employees (collectively the "Releasees") harmless from any and all claims by any third party against any of the Releasees (and related damages, expenses, costs, including reasonable attorney's fees, liabilities, verdicts, judgments and settlements) arising out of use of your Submission or any breach of your representations herein, including but not limited to claims of infringement or violation of trademark, copyright, or other intellectual property rights, rights of publicity, or rights of privacy. By entering the Challenge, you hereby release Sponsor and Releasees from, and irrevocably waive, any and all claims that Licensees' use of your Submission, in whole or in part, infringes or violates your rights in your Submission, any work or material contained in your Submission, or your Likeness.
By entering the Challenge, you understand and agree that nothing herein shall obligate the Licensees to display or otherwise use your Submission, or any component thereof, and that the Licensees may decline to post your Submission or choose to delete your Submission, or any component thereof, at any time for any reason whatsoever.
Selection of Winners:
Sponsor will determine in its sole discretion which entries are valid entries and whether the entries otherwise meet the eligibility requirements set forth in these Official Rules ("Eligible Entries"). After the conclusion of the Challenge Period, Sponsor will select twelve Grand Prize winners from all Eligible Entries submitted during the Challenge Period. A panel of judges selected by Sponsor will judge Eligible Entries on the following criteria: creativity, originality, and execution of theme. Decisions of the judges are final with respect to all matters relating to this Challenge.
The potential winners will be given notice on or about December 4, 2018 via the Facebook or Instagram account each potential winner used to enter using the information provided on such potential winner's Eligible Entry. Sponsor is not responsible for unsuccessful efforts to notify a potential prize winner, including, without limitation, by reason of any inaccurate information or transmission failure that results in the failure to identify or contact a potential winner. If, despite reasonable efforts, a potential prize winner does not respond within three (3) days of the first notification attempt, or if a prize notification is returned as undeliverable to such potential prize winner, such potential prize winner may forfeit the applicable prize and an alternate prize winner may be selected, based on the judging criteria set forth above. The potential winner will be required to complete and return via email/mail, an Affidavit of Eligibility and Liability/ Publicity Release (except where prohibited by law) within four (4) days of the first notification attempt or the prize may be forfeited and an alternate winner may be selected, based on the judging criteria set forth above. The Prize will be delivered to the confirmed winners. Return of any prize or prize notification as undeliverable may result in disqualification and an alternate winner will be selected.
If for any reason the Challenge is not capable of running as planned because of circumstances, including, but not limited to, unauthorized intervention, fraud, technical failures, or any other causes, which, in Sponsor' sole judgment, corrupts or affects the administration, security, fairness, integrity or proper conduct of the Challenge, Sponsor may, at its discretion, cancel, terminate, suspend and/or amend the Challenge and the Official Rules at any time. The terms of the Challenge, as set out in the Official Rules, are not subject to amendment or counter-offer, except as set out herein. Sponsor's decisions with respect to the Challenge are final and binding. If any provisions of the Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. Sponsor may disqualify any entrant who tampers with the entry process or operation of the Challenge or who does not comply with these Official Rules. By entering the Challenge, you agree and acknowledge that the laws of the United States govern these Official Rules.
Except where prohibited by law, winner's acceptance of a prize will constitute permission for the Sponsor Parties and Sponsor to use the winner's name, likeness and statements for advertising, trade and promotional purposes in reference to the Challenge without additional compensation, consideration or consent and without further notice to the winner.
and these Official Rules.
Prize and Approximate Retail Value (“ARV”): Grand Prize (12)
(ARV: USD $55): One RE/MAX Ugly Sweater (size dependent on availability).
Sponsor reserves the right to substitute the prize with a similar prize of equal or greater value or with the equivalent cash value. The prizes will be issued to the winners when Sponsor has determined that the winner has submitted an Eligible Entry, otherwise complied with the Official Rules, responded to the notice timely and in the manner provided therein, and the winner's address (and other information deemed necessary by Sponsor) has been confirmed. The prize is not transferable or assignable, nor is the prize redeemable for cash. The Grand Prize will be shipped to winner’s legal residence within the U.S. at Sponsor’s expense. All costs and fees, including, without limitation, federal, state, local or other applicable taxes, charges and incidental costs, and additional shipping charges, if any, are the sole responsibility of the winner.
Release and Indemnification:
By entering this Challenge and/or winning a prize, entrant and/or winner agrees to, and hereby does, release the Sponsor Parties from any liability whatsoever for any claims, costs, injuries, losses, liability or damages of any kind arising out of or in connection with (i) participation or attempt to participate in the Challenge or any related activity, or (ii) the awarding, receipt, acceptance, possession, use or misuse of any prize or any component thereof, (including, without limitation, those related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light), to the extent permitted by law. By entering the Challenge, entrants also agree to fully indemnify the Sponsor Parties and hold each of them harmless from any and all claims, costs, losses, liability or damages of any kind arising out of or in connection with (i) participation or attempt to participate in the Challenge or any related activity, or (ii) the acceptance, possession, use or misuse of any prize or any component thereof, by any third party.
By entering this Challenge and/or winning a prize, entrant and/or winner acknowledges that this promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Instagram, Snapchat, or Twitter. By participating in this promotion you agree to a complete release of Facebook, Instagram, Snapchat, and Twitter from any claims. Participation in this promotion is subject to these Official Rules.
DISCLAIMER OF WARRANTIES:
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SPONSOR PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NONINFRINGEMENT, CONCERNING ANY PRIZE FURNISHED OR AWARDED IN CONNECTION WITH THE CHALLENGE.
AGREEMENT TO OFFICIAL RULES AND DISPUTES: By entering into and participating in this Challenge, each entrant accepts the conditions stated in these Official Rules, agrees to be bound by the decisions of Sponsor regarding the Challenge, and warrants that he or she meets the eligibility requirements set forth in these Official Rules.
By entering into and participating in this Challenge, each entrant also agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Challenge, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate state or federal court in Colorado; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Challenge, but in no event attorneys' fees.
The Sponsor of the Challenge is RE/MAX, LLC, 5075 South Syracuse Street, Denver, Colorado 80237.
For the name of the winner or a copy of these Official Rules, send a self-addressed stamped envelope for receipt (within 60 days of the end of the Challenge Period) to RE/MAX, LLC, Attn: RE/MAX Holiday Haiku Challenge, 5075 South Syracuse Street, Denver, CO 80237.