1. Contest Period: The Bauer Hockey Change the Game Contest (the "Contest") begins at 12:01 a.m. Eastern Time ("ET") on April 1, 2011 and ends at 11:59:59 p.m. ET on June 30, 2011 (the "Contest Period"). Sponsor's computer is the official time keeping device for this Contest.
2. Eligibility: The Contest is open only to legal residents of the fifty United States, the District of Columbia, and Canada who are 13 years of age or older as of date of entry. Employees of Bauer Hockey ("Sponsor"), Votigo, Inc., their respective parents, subsidiaries, divisions, affiliates, suppliers, distributors, advertising and promotional agencies, and the immediate family members (spouses, parents, children, and siblings and their spouses) and household members of each, are not eligible to participate or win. Void where prohibited by law and subject to all federal, state, local, provincial and municipal laws.
3. How To Enter The Contest: During the Contest Period, you can enter the Contest by visiting www.apxskate.com (the "Website"), then registering and submitting an original video file created by you (the "Entry" or "Entry Materials" or "Video"), which showcases how you plan to change your game with the new VAPOR APX Skate (if you win it). By submitting a Video, you attest that if another person, besides yourself is depicted in the Video, you have notified the person (or the parent/legal guardian of the person if the person is a minor in his her state/jurisdiction) depicted that you are entering a Video in the Contest and that person/parent/legal guardian has agreed that you may submit such Video. You may be required, in Sponsor's sole discretion, to provide a written release form to Sponsor upon request. The person uploading the Entry must be the creator of the Video and will be deemed the entrant (the "Entrant"). Limit one Entry per person. By entering, you understand and agree that your Entry in its entirety or any portion thereof may (in Sponsor's sole discretion) be posted on the Website, television and/or other Sponsor-selected media. All Entries must be completed and submitted by 11:59:59 p.m. ET on June 30, 2011, to be eligible for judging. Normal Internet access and usage charges imposed by Entrants' online service provider will apply.
4. Entry Requirements: In order to be entered into the Contest, Entrants must comply with all registration instructions when submitting their Entry. The Video must be in one of the following formats: AVI, MOV, WMV, MP4, MPEG, FLV, 3GP, and 3G2 and be under 100MB and must be no longer than 5 minutes. The Entry may not contain obscene, lewd or inappropriate images or text including no nudity, acts of violence or acts that appear to cause harm or are illegal/dangerous, as determined in Sponsor's sole discretion.
Any Entry Material or portion thereof that is, in the Sponsor's sole discretion, obscene, profane, lewd, defamatory, contains any third party materials (other than Bauer logos/product), or otherwise violates or infringes (or may infringe) any copyright (including music), trademark, logo, mark that identifies a brand or other proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity, or is otherwise objectionable, will not be considered and may disqualify the Entrant. Therefore, clothing worn or props/items used in the Video should not contain any visible logos (other than Bauer Hockey logos), drawings, cartoons, phrases, trademarks or other third-party materials. Entrants may not copy or otherwise plagiarize the Entry Material from any source. Sponsor has the sole discretion to determine whether a Video qualifies as an Entry.
By entering, you represent and warrant that your Entry is: (a) wholly original; (b) does not incorporate or include anything that would require the consent of any third party; and (c) does not violate any copyright, trademark, publicity right, privacy right, or any other right of any third party.
By submitting an Entry, Entrant hereby grants the Sponsor, its affiliates, subsidiaries, assigns, licensees, designees and legal representatives the irrevocable, perpetual, worldwide digital and other rights to use, reproduce, edit, market, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote the Entries or excerpts of Entries (as such may be edited and modified by the Sponsor in its discretion) for editorial, commercial, promotional and all other purposes (including posting on Sponsor-affiliated websites, Website, television and/or other Sponsor-selected media). In addition, Entrant hereby assigns to the Sponsor all rights, titles, and interests that he/she may be deemed to have in any reproduction, product, or derivative work using or incorporating the Entry. Entrant further agrees to waive any moral rights in the Entry. Automated, script, macro or robotic Entries submitted by individuals or organizations will be disqualified. If, in Sponsor's sole discretion, the Entry appears to have resulted in any injury or bodily harm, it will be rejected. Entries must be in keeping with Sponsor's image and may not be offensive, as determined by Sponsor in its sole discretion, nor can it defame or invade publicity rights or privacy rights of any person, living or deceased, or otherwise infringe upon any person's personal or proprietary rights. In such an event, Entrant will be disqualified from the Contest. Submitted Entries (or portions thereof) may be posted on the Website after they have been screened by Sponsor. Any Entry deemed inappropriate or unsuitable or in bad taste, in Sponsor's sole discretion will be disqualified and may be removed from the Website at any time. Any Entry not in compliance with the above and which does not meet the requirements of these Official Rules and those of the Website will be disqualified. Videos must be in keeping with Sponsor's image and may not be offensive, as determined by Sponsor in its sole discretion. In such an event, the Video will not be posted online and will be disqualified from the Contest. All Entries submitted become the property of the Sponsor and will not be returned. No information regarding Entries or judging, other than as otherwise set forth in the Official Rules will be disclosed.
5. Judging to determine the Winners: All Entries will be judged on or about July 8, 2011, by a Sponsor-selected panel of judges based on the following criteria: Originality and creativity (33%); Quality of submission (33%); and Relevance to the theme of the Contest (34%), to determine the winners. In the event of a tie, tied Entries will be re-judged based solely on Quality of submission. Entrants agree to the Official Rules and the decisions of the Judges, which shall be final and binding in all respects.
6. Prizes and Approximate Retail Values ("ARV"): Grand Prize (1): One (1) Grand Prize winner will win: One 2-day/2-night trip for winner and a guest to the Bauer Hockey R&D Facility in Quebec, Canada and one (1) pair of custom made VAPOR APX Hockey Skates. Trip includes round-trip coach air transportation from the major U.S. or Canadian airport nearest the Grand Prize winner's home to select destination and hotel accommodations (based on double occupancy room) ground transportation between Montreal-Trudeau Aiport and hotel location nearest Bauer Offices in St. Jerome, Quebec, six (6) meals per person. ARV: USD$2,500 / CAD$2800. First Prizes (5): Five (5) First Prize winners will receive one (1) pair of VAPOR APX hockey skates. ARV: USD$800 / CAD$900 each. Second Prizes (5): Five (5) Second Prize winners will receive one (1) BAUER t-shirt and one (1) BAUER hat. ARV: USD$50 / CAD$70 each. In the event the winner is a minor, prize will be awarded in the name of winner's parent or legal guardian, who must accompany minor on trip. Prizes will be awarded, provided a sufficient number of eligible Entries are received. Prizes are not transferable. No substitutions of prize allowed by winner(s), but prizes and prize components may be substituted for any reason at the discretion of the Sponsor. Prizes are not redeemable by winner for cash value. All travel must take place on dates specified by Sponsor or Grand Prize will be forfeited. Dates of departure and return are subject to change by Sponsor. Exact flight details, dates, times and terms to be determined by Sponsor in its sole discretion. Grand Prize does not provide spending money; all expenses not included in Grand Prize description are at winner's own expense. Travel must be roundtrip. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in this Contest, and those set forth by the Sponsor's airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, incidentals, gratuities, passenger tariffs or duties, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. If travel companion is under eighteen (18) years of age or older as of the date of departure, Grand Prize winner must be parent or legal guardian of the travel companion. Grand Prize winner and travel companion must travel together on the same itinerary and at the same time. Winner and travel companion are solely responsible for obtaining any required travel documents (i.e., valid passport, government issued photo I.D., etc.) and travel insurance. Travel companion must execute liability/publicity releases prior to issuance of tickets. Travel restrictions, conditions and limitations may apply. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Taxes, as applicable, related to all prizes including income taxes are the responsibility of the individual winner. To help defray Grand Prize winners' expenses associated with federal income taxes, Sponsor will pay the Grand Prize winner a cash supplement in the amount of $835.00 USD/ $825CAD. Consult your tax advisor for treatment of the winnings and the payment. Limit one prize per person/address/email address.
7. General Rules: Potential winners will be notified initially by email and/or phone. If a winner is not reachable at the telephone number, and/or e-mail address provided and a forwarding e-mail address is not made available or if prize notification is returned as undeliverable, then the prize will be forfeited and an alternate winner will be selected. Potential Grand and First Prize winners (or parent/legal guardian if winner is a minor) will then be required to print out, sign and return an Affidavit of Eligibility (or for a Canadian winner, return a Declaration of Compliance), liability/publicity release (except where prohibited by law) and an assignment of rights (Grand Prize travel companion, or winner, as travel companion's parent/legal guardian, will be required to sign and return liability release with Grand Prize winner's documents) within ten (10) days of notification attempt or the prize will be forfeited and alternate winner may be determined. Return of prize or prize notification as undeliverable may result in disqualification and alternate determination. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. By participating in the Contest, entrants (and parent/legal guardian if entrant is a minor) agree to be bound by the Official Rules and the decisions of the judges. IN NO EVENT WILL BAUER HOCKEY, ITS PARENT, AFFILIATED COMPANIES OR ITS AGENCIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF AN ENTRANT'S ACCESS TO OR USE OF THE APXSKATE.COM WEB SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE APXSKATE.COM WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. The Sponsor and its agencies are not responsible for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in the Contest or by any human error which may occur in the processing of the Entries in the Contest or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with the Contest. The 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 Website; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. 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. If, for any reason, the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, then the Sponsor reserves the right at its sole discretion to cancel the Contest and determine the winners from among all eligible Entries received prior to cancellation, based on the same criteria listed in Rule #5 above. Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
8. Release: You (or if a minor, your parent/legal guardian) represent(s) and warrant(s) that: (i) all rights to the Video belong to and are original to you, or you have written consent to use, and the Video do not and shall not infringe on any copyright or any other third party right nor violate any applicable law or regulation, (ii) you have the right to grant any and all necessary rights and licenses provided herein, including without limitation, all necessary copyright and other related rights to the Video, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity, (iii) you hereby hold the Sponsor harmless from and against any third party claim arising from use of the Video and you waive any right to inspect or approve uses of the Video or to be compensated for any such uses. Participating in the Contest constitutes permission to the Sponsor and its agencies to use Entrants' names, biographical information, pictures/portraits, likenesses and/or voices, Video, for purposes of advertising and trade without further compensation, unless prohibited by law. By participating in the Contest, the Entrant (and parent/legal guardian if entrant is a minor) and travel companion agree that Sponsor, its respective parent, subsidiaries, affiliated companies, agents, retailers, advertising and promotion agencies, and all of their respective shareholders, officers, directors, employees and assigns, members, representatives and agents, will have no liability whatsoever for, and will be held harmless by entrant for any liability for any bodily injury, loss or damages of any kind to persons, including death, and property, due in whole or in part, directly or indirectly, from Entry creation, the acceptance, possession, use or misuse of the prize, if applicable or participation in the Contest or participation in any contest or related activity. You hereby represent and warrant that you have read these Official Rules and are fully familiar with its contents.
10. Governing Law, Jurisdiction and Venue: The Contest is conducted in English (which will be given its everyday ordinary meaning) and any and all disputes will be resolved in the appropriate courts in New Hampshire in the United States, exclusively, and subject to the laws of New Hampshire. Should there be any conflict between the laws of New Hampshire and any other laws, the conflict will be resolved in favor of the laws of New Hampshire in the United States.
11. Winners List: For the names of the Grand Prize Winners, available after August 8, 2011 through September 8, 2011, please send a self addressed stamped envelope, to: Bauer Hockey, C/O APX Skate Contest Winners List, 150 Ocean Rd, Greenland, NH 03840.
12. Sponsor: The Sponsor of the Contest is Bauer Hockey, 150 Ocean Rd, Greenland, NH 03840 USA.