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Honda Tuner Contest Official Rules

UPDATE: Rules have been updated to extend the Promotion Period to 10/28/15 at 9:00 AM PT

THIS CONTEST IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE CONSTRUED AND EVALUATED ACCORDING TO U.S. LAW. DO NOT ENTER THIS CONTEST IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.

NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. ELIGIBILITY: The Honda Tuner Contest (“Contest”) is open to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older at the time of entry and own the Honda vehicle featured in the Image (defined below) prior to the start of the Promotion Period. Employees, directors, officers, agents and affiliates of the American Honda Motor Co. (“Sponsor”), Rubin Postaer and Associates, and the members of each such employee’s immediate family (spouse, parents, siblings, children and their respective spouses) or household (whether related or not) are not eligible to enter or win. Sponsor reserves the right, at any time, to verify eligibility requirements including proof of ownership, in any manner it deems appropriate. Void where prohibited.

2. PROMOTION PERIOD: Promotion period begins on or around October 21, 2015 at 9:00:00 AM Pacific Time (“PT”), and ends on Wednesday 10/28 at 9AM PST (“Promotion Period”). Entries must be received during the Promotion Period to be eligible. Sponsor’s clock is the official time keeping device for the Contest.

3. HOW TO ENTER: Log in to your Tumblr account and post an image of your tuned Honda vehicle (“Image”) with the required hashtag #HondaTunerContest during the Promotion Period. Image must be of your Honda vehicle to be eligible. You must have a free Tumblr account to enter. Limit: one (1) entry per person. Image must comply with the Image Content Restrictions set forth in Section 4 below to be eligible.

By entering, you acknowledge that Sponsor has no obligation to use or post any Image you submit. Submission of an Image grants Sponsor and its agents an unlimited, worldwide, perpetual, license and right to publish, use, publicly perform, edit, alter and duplicate your Image in any way, in any and all media, without limitation, and without consideration to you. However, the Sponsor shall have no obligation to use your Image.

By submitting an Image you agree to indemnify and hold Sponsor harmless from any and all claims, demands, causes of action and judgments (including attorney’s fees, court costs and expert’s fees) arising out of relating to any breach by you of these Official Rules. By participating, you agree to these Official Rules and the decisions of the Sponsor and the Contest Administrator, which are final and binding in all respects. Any attempt by a participant to obtain entries through the usage of multiple/different Tumblr accounts, identities, registrations and logins, or any other method deemed inappropriate by the Contest Administrator will void those entries, and the participant may be disqualified. Use of any automated program or device to enter will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries, which will be disqualified. The information you provide will only be used as provided in Sponsor’s privacy policy, located at http://automobiles.honda.com/information/consumer-privacy-policy.aspx. If you are selected as a winner, your information may be included in a publicly available winners list.

4. IMAGE CONTENT RESTRICTIONS:

  • Image, as determined by Sponsor in its sole discretion, cannot be sexually explicit or suggestive, violent, or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity, or any materially dangerous activity;
  • Image, as determined by Sponsor in its sole discretion, cannot 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 particular political agenda or message;
  • Image, as determined by Sponsor in its sole discretion, cannot be obscene or offensive, endorse any form of hate or hate group;
  • Image, as determined by Sponsor in its sole discretion, cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies;
  • Unless otherwise permitted herein, Image cannot contain, as determined by Sponsor in its sole discretion, any infringing trademarks, logos or trade dress owned by others, or, as determined by Sponsor in its sole discretion, advertise or promote any brand or product of any kind other than Honda, without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
  • Image, as determined by Sponsor in its sole discretion, cannot contain materials that infringe the copyrights of others (including designs, photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media);
  • Image, as determined by Sponsor in its sole discretion, cannot contain materials which violate the right of publicity of any other person (including materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead);
  • Image, as determined by Sponsor in its sole discretion, cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and
  • Image, as determined by Sponsor in its sole discretion, cannot depict, and cannot itself, be in violation of any law.

By submitting an Image you warrant and represent that it: (a) is your original work, (b) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; © that you have obtain permission from any person who’s name, or likeness is used in the Image (if any) and (d) and that publication of the Image via various media including television and Web posting, will not infringe on any third party rights. By submitting an Image you hereby agree to indemnify and hold harmless Sponsor and Administrator from any claims to the contrary. Any entrant whose work includes likenesses of third parties must be able to provide legal releases for such use including Sponsor’s use of such entry, in a form satisfactory to Contest Administrator, upon request, prior to award of prize. Sponsor reserves the right, in its reasonable discretion, during or upon completion of the Promotion Period, to request that any entrant resubmit his or her entry which fails to comply with the Contest entry requirements prior to the end of the Promotion Period. Entries must be the original work of the entrant, may not have won previous awards, and may not have been published previously.

IMAGES POSTED TO HONDA’S WEBSITES WERE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT 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 entrant. By submitting an Image, you agree that your Image is gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to disclose or otherwise disclose the ideas contained in the Image on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your Image, 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 you.

If you believe an Image infringes your intellectual property rights, please read the following. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider’s Designated Agent. Notification must be submitted to the following Designated Agent for this site in the manner described below:

By Mail: Honda Patents & Technologies, 700 Van Ness Ave, Torrance, CA 90501

By Email: dmca@hpt.honda.com

Phone: 310-781-4900

For your complaint to be valid under the DMCA, you must provide all of the following information when providing notice of the claimed copyright infringement:

  1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
  2. Identification of the copyrighted work claimed to have been infringed;
  3. Identification of the material that is claimed to be infringing or to be the subject of the infringing activity, and that is to be removed or access to which is to be disabled, as well as information reasonably sufficient to permit Sponsor to locate the material;
  4. Information reasonably sufficient to permit Sponsor to contact the copyright owner, such as an address, telephone number, and, if available, an electronic mail address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

For more details on the information required for valid notification, see 17 U.S.C. 512©(3).

You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys fees.

5. IMAGE JUDGING AND FINALIST VOTING:

Following the end of the Promotion Period, a qualified panel of judges will judge each Image submitted based on the following equally weighted criteria: Creativity, Image Quality, Originality of Car Build (“Judging Criteria”). The top 5 Images that receiving the highest scores will be deemed finalists (“Finalists”). 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. Judges’ decisions are final in all matter relating to this Contest.

From October 28, 2015 until 11/1, 2015 at 5:00:00 PM PT finalists will be posted to hondaloves.tumblr.com (“Website”) for public voting (“Public Voting Period”). You must have a free Tumblr account to vote. Tumblr users may vote for their favorite Finalists by liking or reblogging a Finalist post. Each like and reblog counts as one (1) vote. Limit one (1) like and one (1) reblog per Finalist per person/Tumblr account. During the Public Voting Period, photos will be posted to the Website and consumers will be able to vote on which Images they like via the “like” button. If more than one (1) like and one (1) reblog is received from the same person and/or Tumblr account per Image, all votes from said person or Tumblr account will be disregarded. Sponsor reserves the right to void all votes made through any script, macro, robotic, automatic, mechanical, programmed or similar duplication method. Any attempt by an entrant and/or his/her respective family/friends to vote more than the number of times authorized herein, using multiple names and/or email addresses and/or any other fraudulent mechanism, as determined by the Sponsor in its sole discretion, shall give the Sponsor the right to disqualify the entrant in Sponsor’s reasonable discretion. Any attempt by any person to fraudulently circumvent the voting restrictions in order to cast multiple votes will result in disqualification of all such votes received and may result in disqualification of the entrants for whom the improper votes were received and forfeiture of any prizes won by that entrant if the Sponsor determines that that entrant was involved in any way in the perpetration of such fraud. The Finalist that receives the most legitimate votes, as may be determined using backend Tumblr analytics that differ from what is publicly viewable, will be deemed the potential winner. In the event of a tie, the Finalist that received the most likes and reblogs on Tumblr will be deemed the potential winner. If a tie remains, the Finalist that received the highest combined score from the judging round will be deemed the potential winner.

6. PRIZE (1): Five (5) Finalists will each receive a prize pack containing Honda and/or Honda Performance Development merchandise. Approximate Retail Value (“ARV”) per prize pack: $121.92. One (1) Grand Prize Winner will receive a trophy (in addition to the Finalist prize pack). ARV: $0.00. Total ARV of all prizes: $609.60. No assignment, transfer or substitution of the prize is permitted, however Sponsor reserves the right to substitute prize with another prize of equal or greater value. Prize winner will be solely responsible for all federal, state and/or local taxes associated with the prize. Prize will be shipped four to six weeks after winner verification.

7. NOTIFICATION OF WINNER: The potential winner will be notified via e-mail or through Tumblr messages on or around November 9, 2015 and will be required to provide Sponsor a mailing address within twenty-four hours of winner notification. If potential winner fails to respond within 48 hours, prize may be forfeited and an alternate winner selected as set forth above. Potential winners are subject to verification, including verification of age. If a potential winner is found not to be eligible or not in compliance with these Official Rules, or if prize notification or any prize is returned as undeliverable, the potential winner will be disqualified. In the event that a potential winner is disqualified for any reason, Sponsor reserves the right to award the prize to an alternate entrant, even if the disqualified potential winner’s name may have been publicly announced. Sponsor is not responsible for any changes of email address, mailing address and/or telephone number of entrants. Prizes won by an eligible entrant who is a minor in his/her state of residence will be awarded to minor’s parent or legal guardian who must sign and return all required documents.

8. GENERAL CONDITIONS: Sponsor reserves the right to cancel, suspend and/or modify the Contest if any fraud, virus or other technical problem corrupts the administration, security, or proper execution of the Contest, as determined by Sponsor in its sole discretion. In the event of cancelation, Sponsor will award the prizes from among eligible entries received prior to cancellation, in accordance with the selection processes described above. 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 undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to any online entry, the authorized account holder of the Tumblr account used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person whose name is associated with the Tumblr account.

9. RELEASES: By acceptance of prize, winner agrees to release and hold harmless Sponsor, Contest Administrator, and their respective affiliated dealers, officers, directors, employees and agents from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any part of the prize. By acceptance of a prize, winners grant Sponsor the right to print, publish, broadcast and use, worldwide in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, their Image, name, portrait, picture, voice, likeness and biographical information as news or information and for advertising, trade and promotional purposes without additional notification, authorization, compensation or approval. As a condition of entering, entrants (or their parent or legal guardian if an eligible minor) agree (and agree to confirm in writing) that: (a) under no circumstances will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (b) all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and © any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.

10. LIMITATIONS OF LIABILITY: Sponsor is not responsible for any email, technical problems, malfunctions of any telephone lines, computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Sponsor is also not responsible for any damage to any participant’s computer system/software related to or resulting from participation or downloading any materials in this Contest. Sponsor is not responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing of the entries.

12. CHOICE OF LAW: Except where prohibited, entrants agree that (1) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or any prize awarded, or the determination of the winner shall be resolved individually, without resort to any form of class action, and (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest but in no event attorney’s fees; and (3) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of California, without regard for conflicts of law doctrine, and all proceedings shall take place in Los Angeles County, California. In the event any portion of these Official Rules is declared invalid and therefore void, the remaining portions of these Official Rules shall remain in full effect and construed as if the invalid portion had not been contained in these Official Rules.

13. WINNERS LIST: For the name of the winner send a self-addressed stamped envelope for receipt by November 30, 2015 to: Rubin Postaer and Associates, 2525 Colorado Ave, Santa Monica, CA 90404, Attn: Honda Tuner Contest Winners List.

14. SPONSOR: American Honda Motor Co., Inc., 1919 Torrance Blvd, Torrance, CA 90501

15. CONTEST ADMINISTRATOR: Rubin Postaer and Associates, 2525 Colorado Ave, Santa Monica, CA 90404.