The following promotion is intended for the 50 United States and D.C. only and will be construed and evaluated according to United States laws. Do not proceed in this site if you are not a legal resident of the United States or D.C., 18 years or older.
TYLER JOHNSON MAKE MY BOAT CONTEST
OFFICIAL RULES – NO PURCHASE NECESSARY
TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF THE UNITED STATES AND D.C., 18 YEARS OF AGE OR OLDER AND LEGAL AGE OF MAJORITY. VOID WHERE PROHIBITED.
- How to Enter: Beginning at 9:00 a.m. Pacific Standard Time (“PST”) on August 2, 2017 until 5:00 p.m. PST on August 11, 2017 (the “Promotion Period”), you may enter the Tyler Johnson Make My Boat Contest (the “Promotion”). Entrants may enter the Promotion by: (i) visiting the Malibu Boats boat configurator website (https://www.malibuboats.com/boat-configurator?boatId=34) (the “Boat Configurator Website”), creating an account (if you don’t already have one) and designing a custom M235 boat; then (ii) upon saving the boat and naming it “tjohnny09”, following the links and instructions to share the boat on the Sponsor’s Facebook page (https://www.facebook.com/HagadoneMarine/) (the “Facebook Page”), including “@hagadonemarine”,“#Contest” and “#tj09MakeMyMalibu” (collectively, a “Submission”). Incorrect and incomplete Submissions are void. These Official Rules are also available at: www.hagadonemarine.com/tjohonny09/rules (the “Rules Page”).
If entrant does not have a Facebook Account, entrant may visit www.facebook.com to create one. Facebook Accounts are free. Facebook’s Terms of Service apply (https://www.facebook.com/legal/terms). Once entrant is logged in to the Facebook Account, entrant can click on the link to share a post about the Promotion using Facebook.
All Submissions become the property of Sponsor and will not be returned. If you are selected as a prospective Grand Prize Winner, you will be required to execute and return releases and additional documentation supplied by Sponsor in accordance with Sponsor’s instructions or such prospective Grand Prize Winner will be disqualified. Incomplete and/or late Submissions will also be disqualified. Completed Submissions that are created and received within the above-mentioned guidelines shall collectively be referred to herein as the “Eligible Entries”. Submissions that are not your original work and/or illegible or incomplete application forms will not be accepted. Sponsor reserves the right to reject any Submissions that it deems, in its sole discretion, to violate any of the policies of Sponsor’s customary standards and practices.
Limit of one (1) entry per eligible person during the Promotion Period. For purposes of this Sweepstakes, a “day” begins at 12:00 a.m. ET and ends at 11:59 p.m. ET unless specified otherwise. If multiple entries are received, only the first entry will be accepted and additional entries will be disqualified. Multiple participants are not permitted to share the same email address. Any attempt by you to obtain more than one (1) entry by using multiple/different email addresses, Facebook Accounts, identities, registrations or logins, or any other methods may void your entries and you may be disqualified from the Promotion. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, sweepstakes entry services) will void all entries by you. In the event of a dispute as to any online entry, the authorized account holder of the email address used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winner may be required to show proof of being the authorized account holders.
The Submission must not include: (a) content that violates any third-party rights, including, but not limited to, copyrights or trademark rights or rights of publicity; (b) defamatory language; (c) threatening language; (d) language or content that is sexually explicit, obscene, or indecent; (e) language or content that promotes alcohol, tobacco, or drug use; or (f) any other language or content that Sponsor determines is inappropriate and/or does not otherwise meet the Submission requirements.
- Representations and Warranties: By making a Submission, you represent and warrant that: (a) the Submission is an original work created solely by you; (b) the Submission complies with all requirements of these Official Rules; and (c) you understand that other Entrants may submit original Submissions that are substantially similar to yours in content and that you shall not have any claim against Sponsor arising out of any such similarity.
- Eligibility: This Promotion is open only to legal residents of the United States and D.C. who are 18 years of age or older and legal age of majority in applicable jurisdiction as of the Promotion start date. Void where prohibited. Employees and members of their households and immediate families (spouses, parents, siblings, children and each of their respective spouses) of the Promotion Entities (as defined below) and their respective parent companies, subsidiaries, and affiliates, and their advertising and promotion agencies and all local sponsors are not eligible.
- Limitations of Liability: Hagadone Hospitality Co. d/b/a Hagadone Marine Group (“Sponsor”) and its affiliates, subsidiaries, parent, advertising and promotion agencies, and their respective officers, directors, shareholders, employees and agents, and any and all Internet servers and access provider(s) (collectively with Sponsor, the “Promotion Entities”) are not responsible for: any incorrect or inaccurate entry information; human error; technical malfunctions; failures, omissions, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, server providers, or software, including any injury or damage to your or any other computer relating to or resulting from participation in this Promotion; inability to access the Boat Configurator Website, the Rules Page or the Facebook Page; theft, tampering, destruction, or unauthorized access to, or alteration of entries; transactions that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the Internet or at any web site; printing or human or other errors; and any entries which are late, lost, incomplete, misdirected, stolen, or any combination thereof. Online submission is not considered proof of delivery or receipt. By entering, you agree to release, discharge, indemnify and hold harmless the Promotion Entities, Malibu Boats, LLC, Facebook, Inc., and their respective parent companies, subsidiaries, their respective representatives and agents, advertising and promotion agencies, promotion partners and prize suppliers, and all of their respective affiliated companies, employees, officers, directors and shareholders, from and against all claims and damages or liability arising in connection with your entry in the Promotion and/or your receipt or use of any prize awarded in this Promotion or due to any injuries, damages or losses to any person (including death and bodily injury) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any Promotion-related activity. Except where prohibited by law, the winner’s entry and acceptance of the prize constitutes permission for the Promotion Entities to use said winner’s names, photographs, likenesses, statements, biographical information, voices, and city and state addresses and custom boat design on a worldwide basis, and in all forms of media, in perpetuity, without further compensation. If by reason of a printing or other error, more prizes are claimed than the number set forth in these rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available in the prize category in question. No more than the advertised number of prizes will be awarded. You further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “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.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
- How Winner will be Determined: After the Promotion Period, Tyler Johnson will evaluate all Submissions and select one Grand Prize Winner based on the following Judging Criteria: (a) 50% based on creativity; (b) 25% based on uniqueness; and (c) 25% based on how likely Tyler would be to create and purchase the boat configured.
The Entrant with the highest scoring Submission will be the Grand Prize Winner. In the event of a tie, ties will be broken based on the creativity criteria score. If a tie still remains, the tie will be broken based on the uniqueness criteria score. Sponsor’s decisions with respect to the Grand Prize Winner and other matters pertaining to the Promotion shall be final.
Notwithstanding any other provision of these Official Rules, if at any time during the Promotion Period, the judging rounds or at any time thereafter, the Sponsor determines that not enough or no eligible entrants exist from which to determine the Grand Prize Winner, then Sponsor may in its sole and exclusive discretion determine that not enough or no eligible contestants exist, and then may either suspend or terminate the Promotion or modify it (or any parts thereof) in any equitable manner that Sponsor deems appropriate in its sole and exclusive discretion, including, without limitation, by not awarding any one or more of the prizes set forth in these Official Rules.
- Prize Conditions: The Grand Prize Winner may be required to sign an affidavit of eligibility and release of liability and publicity (where permitted), and return same, properly executed, within five (5) days of issuance of prize notification. If Sponsor is unable to contact the Grand Prize Winner within three (3) days from first notification attempt, if the Grand Prize Winner fails to complete and return all requested forms by the specified date, or if the Grand Prize Winner fails to comply with any of the requirements, his/her prize will be forfeited and an alternate prospective winner shall be selected by selecting the next-highest scoring Submission. The Grand Prize Winner will be notified by Facebook message, email, and/ or telephone on or around August 17, 2017, to be determined by Sponsor.
- Ownership of Submissions: By submitting a Submission, you acknowledge and agree that: (a) Sponsor is the sole and exclusive owner, in perpetuity and throughout the world, of all right, title, and interest in and to your Submission, including, without limitation, all copyright, trademark, and other proprietary rights in and to the Submission (and all renewals and extensions thereof now or hereafter provided by law) and all the rights therein and thereto; (b) ownership of the Submission shall inure to the benefit of Sponsor from the date of conception, of creation, or of fixation in a tangible medium of expression (whichever occurs first), of such Submission; (c) your Submission is a “work made for hire” (as that term is used in the United States Copyright Act of 1976, as amended); (d) to the extent that your Submission is not a work made for hire, you hereby assign to Sponsor all right, title, and interest in and to the Submission and all copies thereof that you may have or obtain without any further consideration, free from any claim, lien, balance due, or rights of retention thereto, on your part; (e) you waive all claims to any and all moral rights in the Submission including, without limitation, your right of attribution and integrity; and (f) Sponsor may exploit the Submission (and all rights therein) in any manner throughout the world without restriction of any kind, or payment to, or consent from, anyone. Sponsor reserves the right to modify or edit the winning Submission for content including all copyrights and trademarks, and Promotion Entities or their assigned agent(s) will have the right to reproduce, publish, adapt, modify and/or revise the Submission, in its sole discretion, in any manner or form throughout the world, in perpetuity. Sponsor will own all rights to the winning Submission.
- Conditions of Entry: Entry materials that have been tampered with or altered are void. If in the Sponsor’s opinion there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Promotion, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Promotion, the Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process and void any entries submitted fraudulently, to modify, suspend, or terminate the Promotion, or to conduct a random drawing to award the prizes using all eligible, non-suspect entries received as of the termination date. Should the Promotion be terminated prior to the stated expiration date, notice will be posted on the Rules Page. In the event of a dispute as to the identity of the winner based on an email address, the winning entry will be declared made by the authorized account holder of the email address submitted at time of entry. CAUTION: ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE THE RULES PAGE OR BOAT CONFIGURATOR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM YOU TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
- Prize: The Grand Prize Winner shall receive the following (the “Grand Prize”): one (1) Tyler Johnson autographed jersey. Approximate retail value of the Grand Prize: $1,000.
The specifics of all aforementioned elements of the Grand Prize in the Promotion shall be solely determined by Sponsor. All costs, taxes, fees, and expenses associated with any element of the Grand Prize not specifically addressed above are the sole responsibility of the Grand Prize Winner. All federal, state and local taxes on the Grand Prize are the Grand Prize Winner’s responsibility. Grand Prize cannot be transferred, substituted, or redeemed for cash.
- Disputes/Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these rules, or the rights and obligations of any entrant or the Promotion Entities in connection with the Promotion, shall be governed by and construed in accordance with the laws of the State of Idaho without giving effect to any choice of law or conflict of law rules or provisions which would cause the application or the laws of any jurisdiction other than the State of Idaho. Any action or litigation concerning this Agreement shall take place exclusively in the federal or state courts sitting in Kootenai County, Idaho, and you expressly consent to the jurisdiction of and venue in such courts and waive all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Any and all disputes, claims, and causes of action arising out of or in connection with this Promotion, shall be resolved individually, without resort to any form of class action. You agree to service of process by mail or other method acceptable under the laws of the State of Idaho. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS PROMOTION. YOU HEREBY WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, IDENTIFIABLE PERSONS, OR THIRD PARTY PARTICIPANTS, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.
- Winner List: Beginning on or about August 23, 2017 you may obtain the name of the Grand Prize Winner by going to the Rules Page.
- Sponsor: Hagadone Hospitality Co. d/b/a Hagadone Marine Group, 1000 South Marina Drive, Coeur d’Alene, ID 83814.
This Promotion is in no way sponsored, endorsed, administered by, or associated with Malibu Boats, LLC or Facebook. You are providing information to Sponsor and not to Malibu Boats, LLC or Facebook.