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“ONLY IN IRVINE” Video & Photo Monthly Contest

Official Rules 2017

NO PURCHASE NECESSARY TO PARTICIPATE OR WIN. VOID WHERE PROHIBITED BY LAW.

ELIGIBLE IRVINE RESIDENTS MAY ENTER BY (A) CREATING A SHORT VIDEO IN WHICH THEY DISCUSS THE MONTHLY THEME, OR (B) CREATING A PHOTO WITH OR WITHOUT A BRIEF TEXT DESCRIPTION SHOWING/DESCRIBING THE MONTHLY THEME, AND SUBMITTING IT ON IRVINE COMPANY LLC’S “ONLY IN IRVINE” WEBSITE.

ALL OR ANY PART OF ENTRIES AND NAMES OF ENTRANTS OR OF OTHERS APPEARING IN VIDEOS AND/OR PHOTOS MAY BE USED FOR PROMOTIONAL PURPOSES.

  1. ELIGIBILITY. The “Only In Irvine” Video and Photo Contest (the “Contest”) is open only to residents of Irvine, California, U.S.A., 13 years of age or older. Entrants between 13-17 must have permission of their parent or guardian to enter, as indicated by the signature of the parent or guardian on these Official Rules in the space provided below. Eligible individuals may enter as a group; “entrant” means an individual or group entrant, and each/all individual(s) in a group entrant. Employees, associates, officers, directors and contractors of The Irvine Company LLC (“Sponsor”) and its affiliates, parents, subsidiaries, representatives, licensees, successors, assigns, and advertising and promotion agencies (collectively, “Sponsor Entities”) and their immediate families (spouse, parents, siblings and children, and their respective spouses, regardless of where they reside), and/or those living in the same household of any of the foregoing are not eligible to participate or to win a prize. Void where prohibited by law. All applicable federal, state, local laws and regulations apply. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest.
  2. ENTRY PERIOD AND VOTING PERIOD. The Contest begins August 1, 2017 at 12:01 a.m. Pacific Time (“PT”) and ends August 31, 2017 at 11:59 p.m. PT (“Entry Period”). The period for voting on posted entries on Sponsor’s “Only In Irvine” website begins August 1, 2017 at 12:01 a.m. PT during the Entry Period and ends August 31, 2017 at 11:59 p.m. PT during the Entry Period. Sponsor’s computer is the official time-keeping device for the Contest. Sponsor’s computer is the official time-keeping device for the Contest.
  3. HOW TO ENTER. Contest details, these Official Rules and the entry form for the Contest can be found at www.OnlyinIrvine.com during the Entry Period. Each eligible entrant must go to the “Only In Irvine” website and complete the entry form with his/her name, home address and email address, and then follow the instructions to upload a video or photo (with or without a brief text discussion) that addresses that month’s topic. The entrant must be able, upon request, provide a signed of these Official Rules, with signatures in the relevant places on these Official Rules in the space(s) provided below. Qualifying photos must be in jpg format and no less than 1200 pixels wide. Qualifying videos must be in English; must be in video format and must be no longer than 2 minutes. Limit one (1) entry per person or group. Automated entries are not permitted. Use and/or creation of multiple email addresses/accounts by the same individual or group entrant to submit multiple entries is prohibited. Should more than one (1) entry per person or group be received, Sponsor reserves the right to void all such entries. Incomplete entries will not be accepted. Entrants are responsible for all online charges of any internet service or wireless carrier. All entries become propertof Sponsor and will not be acknowledged or returned. By entering, entrants agree to be contacted by Sponsor for winner notification and by Sponsor Entities and others for advertising purposes. Submission of a qualifying video by an eligible entrant during the Entry Period (an “eligible entry”) will be deemed the entrant’s agreement to these Official Rules, including the entrant’s representation and warranty (on behalf of all individuals in the group, if applicable) that entrant has obtained the agreement, permission and release of any other person shown in the video for use of the entry as described in these Official Rules. If any person shown in the video is under the age of 18, the entrant must be able to upon request to provide the signed consent of the parent or guardian of such minor who is shown in the video, with signatures in the relevant places on these Official Rules in the space(s) provided below.
  4. ENTRY CONTENT REQUIREMENTS. Any entry deemed inappropriate or unsuitable, in Sponsor’s sole discretion, may be disqualified and removed at any time. Entries may not contain material that, in Sponsor’s sole discretion, is inappropriate, indecent (including but not limited to nudity or pornography), profane, obscene, hateful, rude, tortious, defamatory, slanderous or libelous (including words or symbols that are widely considered offensive to individuals or groups of a certain race, gender, national origin, ethnicity, religion, marital status, sexual orientation, or socioeconomic status) or that is otherwise threatening or harassing to any individual, partnership, corporation or political body. Entries must be suitable for presentation in a public forum, to a general audience, in the sole discretion of Sponsor. Entries must be in keeping with Sponsor’s image and reputation as determined by Sponsor, in its sole discretion. Entries may not disparage, slander or libel persons or organizations associated with Sponsor Entities. Entries may not reference any of Sponsor’s competitors. Entries may not contain content which violates any law, statute, ordinance or regulation (including, but not limited to, those governing consumer protection, unfair competition, anti-discrimination, and false advertising). Entries may not contain any violence or content that engages in, encourages, advocates, discusses with the intent to commit, or provides instructions for conduct that would constitute a criminal or civil offense or would otherwise violate any law or regulation. Entries may not contain viruses, worms, bots, spyware or any other computer code that is intended to damage, interfere with, or surreptitiously intercept or expropriate any system, data or information. Entries may not contain content or materials in which you impersonate another person or entity. Entries may not contain material or content for which you were compensated or granted any consideration or benefits by any other party.
  5. SELECTION OF WINNER(S). In each village, the video or photo submits during Entry Period that receives the greatest number of “votes” during Voting Period will be named the winner for that village. One (1) winner will be selected for each of the twenty-six (26) villages from among all eligible entries based on public voting. “Winner” means an individual or group winner, and each/all individual(s) in a winning group entrant. Public voting: Visitors to the Sponsor’s “Only In Irvine” website may vote for their favorite video or photo. Visitors may vote once a day for their favorite entry.
  6. PRIZES AND APPROXIMATE RETAIL VALUES (“ARV”). The winner of that village Contest will receive one (1) $100 gift card (the “Prize”). Approximate Retail Value of each Prize is $100. Only one (1) prize will be awarded in each village. The Prize is nontransferable. All federal, state, and local taxes and all other expenses and costs, not expressly listed as included in the prize, are the winner’s sole responsibility. Winners may not request cash or a substitute prize; however, Sponsor reserves the right to substitute a prize with another prize of equal or greater value if the prize is not available for any reason. All prize details are at Sponsor’s sole discretion. Sponsor is not responsible for determining which individual in a winning group entrant receives the prize. Sponsor Entities have no responsibility or liability for damages or losses resulting from participation in the Contest or acceptance or use of any prize. Prize(s) are non-transferable and provided “as is” with no warranty or guarantee, either express or implied, except as may be provided by manufacturer.
  7. WINNER NOTIFICATION. The monthly winner will be notified by email at the email address provided on the entry within thirty (30) days of completion of the applicable Entry Period. Potential winner may be required to sign and return an Affidavit of Eligibility (including taxpayer identification information) and Liability and Publicity Release (except where prohibited by law) and assignment of rights in the entry. Potential winner must return the Affidavit of Eligibility and Liability and Publicity Release within ten (10) days of date of the first notification attempt or prize may be forfeited and an alternate winner may be selected. If a potential winner is ineligible or unwilling to accept a prize, or does not return the signed Affidavit of Eligibility and Publicity Release within ten (10) days of the first notification attempt, an alternate potential winner will be selected using the same method described above. All prizes will be awarded.
  8. USE OF ENTRIES. Submission of an entry or acceptance of a prize constitutes entrant’s or winner’s consent to Sponsor Entities’ use of all or any part of an entry, or still photos or quotations from an entry, and/or the name, likeness, voice, statements and/or city of residence of entrants, winners or others appearing in video entries, for promotional purposes in any media, worldwide, without further consideration or any right to inspect or approve such use. Any use is in Sponsor Entities’ sole discretion. By submitting an entry, each entrant grants to Sponsor Entities, without further consideration, the perpetual, worldwide, fully-paid, irrevocable, exclusive right and license to use, post, reproduce, edit, distort, store, distribute, modify, re-arrange, change, translate, display, perform, communicate, exhibit, transmit, stream, broadcast, digitize, create derivative works based upon, and promote the ideas, text, photos and any aspect of the entry, in any media, whether known or hereinafter discovered, for any use whatsoever, free of any claim, including but not limited to, libel, defamation, publicity or privacy. Sponsor is under no obligation to post or use any entry. By submitting an entry, each entrant represents and warrants that the entry is true, accurate and not misleading; entrant owns all right, title and interest, including copyright, to the entry; the entry is entrant’s own original work; the entry does not include the trade secret or confidential information of others, and does not infringe any other person’s or entity’s rights; entrant holds all necessary releases, licenses and consents concerning the contents of the entry or any person depicted therein, and holds the right to post, distribute, display and transmit the entry and to allow others to do so.
  9. PRIVACY. Except as otherwise stated in these Official Rules, any personal information collected in connection with this Contest will be used in accordance with the Sponsor’s Privacy Policy at http://www.irvinecompany.com/privacy-policy.aspx. Entry constitutes consent to the Privacy Policy and to receipt of email, mail and other communications about this Contest. Entrants also may receive marketing email communications from Sponsor or its affiliates, with the right to opt-out of future emails.
  10. RELEASE. By entering the Contest, and as applicable, by appearing in any entry, entrants release, defend and hold harmless Sponsor Entities and Facebook from all claims, liability, damage, loss, injury or death to persons or property caused or claimed to be caused, in whole or in part, directly or indirectly, in connection with participation in this Contest (or any activity related thereto); use of any entry or portion thereof; acceptance, possession, use or misuse of any Prize; or use of entrant’s entry or any part thereof, or entrant’s name, voice, likeness, statements or city of residence. Entrants agree to indemnify and hold harmless Sponsor Entities from and against any claims of liability arising directly or indirectly from the Sweepstakes, any prize awarded or any use of prize by winner. Entrants and anyone acting on their behalf, and their heirs, executors and assigns, hereby irrevocably release, waive and discharge Sponsor Entities from any and all claims. Each entrant expressly waives California Civil Code § 1542, or any other statute of similar import or effect, that otherwise may exclude unknown claims from this release, as follows: I acknowledge that I am familiar with the provisions of California Civil Code § 1542, which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” I, being aware of said code section, hereby expressly waive any rights I may have thereunder, as well as any other statute or common law principles of similar effect.
  11. ADMINISTRATION. Sponsor Entities are not responsible for lost, late, misdirected, illegible, altered, garbled, incorrect, incomplete, delayed or undelivered entries, or for technical, hardware, software, server, Internet Service Provider (ISP), or telephone malfunctions of any kind, or by any human error. Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Contest or its Facebook Page or website; violates the Official Rules; or acts in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) for any such attempt 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 or any other provision. Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend all or any portion of the Contest if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs, corrupts or interferes with the administration, security, fairness, integrity or proper play of the Contest. If the Contest is cancelled, Sponsor may determine winners from all eligible, non-suspect entries using the procedures outlined above.
  12. GOVERNING LAW, DISPUTES. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of law provisions, except as to matters relating to arbitration, which shall be governed by the Federal Arbitration Act. Any dispute with Sponsor arising out of or relating to the Contest or the Prizes will be decided only by arbitration, individually and not on a class-wide basis. Any arbitration will be administered by the American Arbitration Association and will take place in Orange County, California. As a condition of submitting an entry in the Contest, entrants agree that under no circumstance will entrant make any claim or obtain any judgment or award for, and entrant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for out-of-pocket expenses, which shall not include attorneys’ fees.
  13. OFFICIAL RULES & WINNERS’ LIST. For a copy of these Official Rules or names of the winners, send a self-addressed, stamped envelope to the Only in Irvine Video and Photo Contest, c/o Irvine Company, P.O. Box 57060, Irvine, CA 92610-7060, by January 31, 2018.
  14. SPONSOR. Sponsor is The Irvine Company LLC, 550 Newport Center Drive, Newport Beach, CA 92660. This Contest is not sponsored, endorsed or administered by, or associated with Facebook. You understand that you are providing your information to Sponsor and not to Facebook.

By signing below, I confirm that I have read, understand and agree to be bound by the foregoing Official Rules.

Printed Name:______________________________________

Signature: ________________________________________

School: __________________________________________

Age: _____________________________________________

Postal Address: ____________________________________

Email address: ____________________________________

Dated: ___________________________________________

SIGNATURES OF ADDITIONAL INDIVIDUALS IN GROUP

FOR ANY ENTRANT OR INDIVIDUAL IN A GROUP ENTRANT WHO IS UNDER 18 YEARS OLD, THAT ENTRANT’S PARENT OR LEGAL GUARDIAN ALSO MUST SIGN BELOW.

In consideration for the opportunity for my child to be participate as an entrant (individually or as part of a group) in the “Only In Irvine” Video and Photo Contest, I agree to indemnify and hold harmless Sponsor Entities from and against any liability, loss, injury or damage which may be incurred by or asserted against them by me or anyone acting on behalf of me or my child, arising from or relating to my child’s participation in any activity relating to the Contest. I represent that I am the custodial parent or legal guardian of the minor named above, and that I have the right to grant the consent, release and indemnity granted herein on behalf of the minor named above. I consent to the terms of the foregoing Official Rules on behalf of said minor and on my behalf.

Printed Name:______________________________________

Signature: ________________________________________

Minor’s Name: ____________________________________

Relationship to Minor: ______________________________

Dated: _________________

LIST NAMES OF ANY MINORS WHO ARE SHOWN IN THE VIDEO:

FOR EACH MINOR UNDER 18 YEARS OLD WHO IS SHOWN IN VIDEO, THAT MINOR’S PARENT OR LEGAL GUARDIAN ALSO MUST SIGN BELOW.

In consideration for the opportunity for my child to be appear in a video entry in the “Only In Irvine” Video and Photo Contest, I agree to indemnify and hold harmless Sponsor Entities from and against any liability, loss, injury or damage which may be incurred by or asserted against them by me or anyone acting on behalf of me or my child, arising from or relating to my child’s participation in any activity relating to the Contest. I represent that I am the custodial parent or legal guardian of the minor named above, and that I have the right to grant the consent, release and indemnity granted herein on behalf of the minor named above. I consent to the terms of the foregoing Official Rules on behalf of said minor and on my behalf.

Printed Name:______________________________________

Signature: ________________________________________

Minor’s Name: ____________________________________

Relationship to Minor: ______________________________

Dated: _________________

 



In consideration of Company’s willingness to consider display of my image (or the image of my minor child) on Company’s “Only in Irvine” Facebook page and/or website in connection with a video or photograph entry in the Company’s “Only in Irvine” Video & Photo Monthly Contest, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, and intending to be legally bound:

1. I hereby consent, release and grant to The Irvine Company LLC and its affiliates, representatives, agents, licensees, designees, and those acting under their authority or on their behalf, and their successors and assigns (collectively, “Company”), the unrestricted and irrevocable right and permission to publicly display my image (or the image of my minor child), (“Image”) by using, posting, publishing or distributing all or any part of a video or photo submitted as an entry in the Contest, and/or the name, likeness, voice, statements, actions and/or city of residence of myself (or my minor child) for promotional purposes in any media, worldwide, and in a yearbook planned to be distributed by Sponsor in late 2016 to Irvine residents, in Company’s sole discretion, without further compensation or consideration to me and without further authorization by me.

2.​I hereby waive any rights that I may have (myself or on behalf of my minor child) to inspect, examine or approve the Image or any accompanying material or text, or any use to which they may be put. I understand and expressly agree that Company is not obligated to use or continue to use the Image or exercise any right or consent granted to Company herein.

3.​I release and discharge Company and its shareholders, members, officers, directors, employees and agents (collectively, the “Released Parties”), from any and all debts, claims and liability of any kind arising out of or in connection with the activities described in this Release or the making, use, distribution, publication or public display at any time of the Image in any media, whether now known or later developed, for any purpose throughout the world, including without limitation any claim for monetary payment and any liability for personal injury or loss of life or property damage which may occur during any photography, recording, shoot or travel to or from the location of same. I acknowledge that I am familiar with the provisions of California Civil Code § 1542, which provides as follows:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
I, being aware of said code section, hereby expressly waive any rights I may have thereunder, as well as any other statute or common law principles of similar effect.

4.​I will indemnify, defend and hold harmless the Released Parties from and against any losses, actions, claims, damages, liabilities or expenses of any kind, including without limitation attorneys’ fees and costs (“Claims”), arising from or relating to the taking, use, publication or distribution of the Image in any manner whatsoever. This indemnity and obligation to defend and hold harmless shall survive the Contest and the termination of this Release in perpetuity, and shall apply to any Claims incurred or asserted by or against any Released Party, by myself (or my minor child) or on my or their behalf, or by any third party.

5.​In no event shall I (or my minor child) be entitled to interfere with, restrain, enjoin, or otherwise impair use of the Image. My (or my minor child’s) sole remedy in any or all claims relating to this Release shall be an action at law for damages, if any. This Release shall be binding on me, my minor child, and any successors, assigns, heirs, executors, administrators, and anyone acting on my or my minor child’s behalf.

6.​I understand that I (and my minor child) am not entitled to any further compensation from Company for any right or consent granted to Company herein or otherwise in connection with this Release or any use hereunder. I (or my minor child) am not represented by an agent and no fees for this activity are due to any third party.

7.​I hereby affirm that: (a) I am 18 years or older, and am competent to contract in my own name; (b) I (or my minor child) has never been convicted of a felony; (c) I have read this Release prior to its execution and (d) I fully understand and agree to the contents hereof. This Release represents the entire understanding between me and Company and may not be modified or amended except in a writing signed by both parties.4



THANK YOU

FOR YOUR SUBMISSION

Your story has been entered into this month’s Only In Irvine Video & Photo Contest to win a $100 gift card to Irvine Spectrum Center, so be sure to encourage your friends and family to participate as well.

Please keep watching OnlyInIrvine.com to see why so many people love living, shopping, working, learning and playing in Irvine.