#ReverieSleep Photo Contest
Terms and Conditions
NO PURCHASE NECESSARY. PURCHASE WILL NOT IMPROVE CHANCES OF BEING SELECTED. USE CAUTION AND COMMON SENSE WHEN PARTICIPATING IN THIS PROMOTION. RESPECT AND ENSURE THE SAFETY OF YOURSELF AND OTHERS. DO NOT TRESPASS OR HARM ANYONE’S PROPERTY.
VOID WHERE PROHIBITED.
This Promotion is run by Ascion, LLC d/b/a Reverie (“Reverie” or "Sponsor") as well as its affiliated companies and other companies involved in the promotion and execution of this project (collectively, the “Supporting Parties”).
This Promotion is free of charge and is subject to the these Terms & Conditions and to all applicable international, federal, state, provincial, local and regional laws and regulations. For general questions arising out of these Terms & Conditions and/or related to this Promotion, please contact firstname.lastname@example.org. By entering and participating in this Promotion, you agree to be bound by these Terms & Conditions and represent that you satisfy all of the eligibility requirements below.
- 1.1 In order to enter this Promotion and be eligible, you confirm that you ("Participant", “Entrant” or “you”) satisfy and agree to the following eligibility criteria:
- 1.2 You acknowledge that you are 18 years or older at the time of participation.
- 1.3 Persons that do not conform to the age requirements stated in section 1.2 above are not allowed to participate in this Promotion or transmit or otherwise submit personal information to Reverie.
- 1.4 Participant must be a resident of one of the 50 United States or the District of Columbia.
- 1.5 Please note that Reverie and the Supporting Parties are not liable in the event that Participants are not legally allowed to take part in the Promotion due to federal or state law.
- 1.6 Reverie and its Supporting Parties are not responsible in the event that a Participant is not physically or mentally able to perform any or all of the described tasks; there is no legal right to participate in this Promotion whatsoever. Reverie and its Supporting Parties are not liable in the event that you injure yourself while performing actions with regard to this Promotion.
- 1.7 Directors, officers and employees of Sponsor, its parent, and any of their respective affiliate companies, subsidiaries, agents, any company involved in the development or production of the Promotion, professional advisors, third party service providers or advertising and promotional agencies involved with this Promotion, and immediate family members and those living in the same household of such persons (whether legally related or not) are not eligible to enter or participate in this Promotion.
- 1.8 Only one entry per person is allowed as defined in section 3.1 below. Further, only natural persons are allowed to participate.
- 1.9 Sponsor reserves the right to verify the email address provided to Sponsor by Entrant and to require proof of age, identity and/or other provided details at any time at its discretion. In the event of any dispute, entries containing an invalid e-mail address or incorrect data regarding the age or residence of the Entrant will be deemed ineligible.
- 2.1 The promotion will consist of (i) the Submission Phase during which people will be able to submit their photos online and (ii) the Selection Phase during which the submitted photos will be judged and winners will be selected.
- 2.2 Submissions open on January 28, 2018, and ends on January 31, 2018.
- 2.3 The Selection Phase will be as follows: February 1, 2018 – February 8, 2018 .
- 2.4 Entries received by Reverie outside the Submission Phase will not be considered and will have no entitlement whatsoever pursuant to these Terms & Conditions.
RULES OF THE PROMOTION AND PARTICIPATION
- 3.1 The Competition is conceived to select the top piece of content produced by a “Participant.” The Competition will require participants to upload a photo of Reverie’s Las Vegas showroom that has no rights clearance issues and titled with the Participant’s Name to a either Instagram, Twitter, or Facebook. Any photo submitted must display the Participant’s creative talent, subject to the following criteria:
• The Entrant must be the owner of all the rights to the photo content at the time of submission.
• The Entrant may only submit one photo, and he/she will not be able to change a photo in any way once it’s submitted.
• The Entrant must use the hashtag #ReverieSleep.
- 3.2 Only by following the described procedure will Entrant be eligible to enter the Competition Phase (“Competition”) of the Promotion.
THE JUDGING PHASE
- 4.1 Judging Phase: Reverie, in its sole and absolute discretion, will make the final selection of winners.
- General Provisions:
- 4.2 Reverie undertakes to use reasonable efforts to maintain adequate hardware and software service for the Promotion, provided that in no circumstance shall Reverie be liable for: late, lost, delayed, damaged, misdirected, incomplete, illegible, or unintelligible entries; telephone, electronic, hardware, or software program, network, Internet, or computer malfunctions, failures, delays or difficulties; errors in transmission; prize notification deliveries attempted but not received; any loss suffered by anyone who enters or attempts to enter the Competition, whether the entry is lost, not submitted, wrongly processed or does not win.
- 4.3 Late, illegible, incomplete, defaced or corrupt entries will not be accepted. No responsibility can be accepted for lost entries and proof of transmission will not be accepted as proof of receipt.
• If you are disqualified, Reverie is under no obligation to publish this fact.
- 4.5 The contact details you provide with your Competition entry will be used to notify you of any prizes; please make sure they are correct.
- 4.6 All potential winners will be notified by 2/8/2018.
Three selected participants will receive the following: One Reverie Sleep Kit
- General Provisions:
- 5.1 Approximate retail value of each prize is $500.
- 5.2 Reverie reserves the right to replace any or all elements of package with a similar value.
- 5.3 No cash alternatives will be provided and prizes are non-transferable and non-refundable.
- 5.4 In case a selected participant does not respond within 2 days of attempted contact by Reverie after submission phase he/she will have forfeited the opportunity and Reverie reserves the right to determine an alternate finalist and/or winner.
6. SPONSOR’S RIGHT TO CHANGE THE TERMS & CONDITIONS AND TO DISQUALIFY
- 6.1 Sponsor reserves the right to change the Promotion rules and these Terms & Conditions.
- 6.2 If in Sponsor’s opinion the Promotion is compromised by any event beyond Sponsor’s control, Sponsor reserves the right to modify, terminate, amend or extend the Promotion without responsibility and liability for any amount or kind of loss or damage that may result to you or any third party (whether direct or indirect).
- 6.3 At any time during the Promotion, Sponsor reserves the right in its sole discretion to disqualify and remove any Entrant for any failure to observe these Terms & Conditions (including but not limited to, because Sponsor believes the Entrant engaged in cheating and in general for violations of the provisions set out under section 7 of these Terms and Conditions) or, where applicable, any other kind of illegal or inappropriate behavior. In the event that a winning Entrant is disqualified, the prize will be forfeited and/or may be awarded to another Participant.
7. FAIR PLAY
- 7.1 You hereby confirm that the personal data you enter in connection with the Promotion is accurate and up to date.
- 7.2 You hereby warrant and represent that you personally performed and otherwise participated in the Promotion and have met all the criteria set out under these Terms & Conditions associated with your entry and that you have not used any prohibited aids, such as automatic robots, scripts, services or other forms of manipulation. By entering this Promotion, all Entrants warrant and represent that their entries are their own fully original creations, and their respective entries will not infringe or violate the rights of any third parties, including but not limited to copyrights, trademarks and/or rights of publicity/privacy.
- 7.3 You confirm and are responsible that your entry does not:
• contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights;
• contain brand names or trademarks, other than (i) those of Sponsor, which you have a limited license to use for the sole purpose of creating and uploading your entry, and/or (ii) those that you own, which you agree to license to Sponsor on a royalty-free, irrevocable, perpetual, non-exclusive basis, or have license to use and sub-license to Sponsor on a royalty-free, irrevocable, perpetual, non-exclusive basis in connection with the entry;
• contain copyrighted material not created by you, other than material that you have necessary rights, consents and permissions to use and sub-license to Sponsor on a royalty‐free, irrevocable, perpetual, non‐exclusive basis in connection with the entry;
• contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
• contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the entry is created;
- 7.4 In case of a breach of or an infringement arising out of or related to sections 7.2 and/or 7.3 above, you shall defend and indemnify Sponsor, including, without limitation, against claims of infringement based on intellectual property rights.
8. GRANT OF RIGHTS
8.1 The Entrant hereby assigns and grants to the Sponsor, including its parents, subsidiaries, affiliates and Supporting Parties, any and all rights, title and interest in and to all entries and materials submitted to Sponsor in connection with any Promotion, including your voice, image, photograph, statements, biographical information, performances, name and likeness and including any user generated content (collectively, "Entry Materials") under current and future law to the broadest extent possible according to applicable law.
When required to do so by Reverie, Entrant shall execute any and all documents necessary to convey title in any copyright covering any of such Entry Materials in the United States or in foreign countries. However, the failure of Entrant to so execute any such documents shall in no way be deemed to affect the assignment, transfer and conveyance of such Entry Materials to Reverie hereby.
To the extent that rights are not assignable, the Entrant hereby grants to the Sponsor the free, irrevocable, worldwide, perpetual, exclusive, transferable and unlimited rights (unlimited in terms of territory, time and purpose) to copy, distribute, transmit, publish, perform, display, make derivative works from, exploit, and otherwise use the Entry Materials in any known or yet unknown kind of use without any payment or notice to the Entrant.
If a court or any other authority finds that the exclusive grant above is not fully effective for any reason, the Entrant hereby grants to the Sponsor the free, irrevocable, worldwide, perpetual, non-exclusive, transferable and unlimited rights (unlimited in terms of territory, time and purpose) to copy, distribute, transmit, publish, perform, display, make derivative works from, exploit, and otherwise use the Entry Materials in any known or yet unknown kind of use without any payment or notice to the Entrant.
Entrant waives any and all moral rights (sometimes referred to as “droit moral” or similar terms) in the Entry Materials in favor of Sponsor. The conveyances and licenses in this section include in particular but are not limited to the following rights: the broadcasting right, the right of making available to the public (download/on-demand-rights), the film theatre right (cinematic/exhibition right), the video rights, the right of distribution and copying, the right of alteration and dubbing, the right of promotion, the merchandising right, the publishing right and the stage drama, radio drama and audio/talking book rights.
Furthermore, the Sponsor acquires the right to make any alterations, intermissions, deletions, cuts or other modifications in and to the Entry Materials and the exclusive right to exploit such altered version in any matter. The Sponsor and its parents, subsidiaries, affiliates and Supporting Parties shall be enabled to exploit the Entry Materials without any limitations and regardless of the medium via which the exploitation takes place. Sponsor is however not obliged to make use of these rights.
- 8.2 Sponsor is further irrevocably entitled to assign the rights entirely or in part to any third parties and to grant any sublicenses respectively rights of exploitation and/or exploitation permissions or to exercise the rights in its own name or through third parties.
- 8.3 The sole consideration for this comprehensive assignment and grant of rights shall be the chance to win a prize in the Promotion.
9. COLLECTION OF INFORMATION & DATA PROTECTION
- 9.1 In the following, the term “Personal Data” describes all data kept in connection with your name.
- 9.2 Reverie may process your Personal Data itself or through outside data processors who will process data on its behalf in accordance with all relevant data protection regulations.
- 9.3 Reverie and its affiliated companies will, as a general policy, not transmit Personal Data to third parties without your explicit consent. In particular, Personal Data will not be sold, leased or traded. However, in cases in which Reverie is required to transmit Personal Data to an outside data processor in connection with the Promotion, Reverie will only transmit as much Personal Data as is necessary in order to fulfill its tasks set out under these Terms & Conditions. In such cases, Reverie will require and make sure that our Supporting Parties treat all Personal Data in a confidential manner and according to all relevant data protection regulations as well as to delete such Personal Data immediately as soon as their specific tasks have been fulfilled in connection with the Promotion. Please note that Reverie does not have complete control over the compliance with this obligation and that Reverie cannot be held responsible for possible infringements by its Supporting Parties to the extent that it is legally permissible.
- 9.4 Reverie will only share Personal Data with Supporting Parties in case and in such amount that it is necessary to perform its tasks set out in these Terms and Conditions, in particular to perform the Submission Process, the Competition and the distribution of prizes. All Supporting Parties will be held to the same standard of data security as Reverie. Personal Data will only be used for purposes in connection with this Promotion and will only be retained by Reverie, its affiliated companies, its Supporting Parties and its mandated data processors for as long as is necessary to fulfill the original or directly related purpose for which it was collected in connection with the Promotion. This might include a period of time after the conclusion of the Promotion in order to distribute prizes or to fulfill tax related or any other legal queries.
- 9.5 Reverie, its affiliated companies, its Supporting Parties and its mandated data processors shall process your Personal Data securely and take appropriate security measures to protect the Personal Data.
- 9.6 Reverie does not knowingly collect information from persons below the age of 13. Winners may be requested to take part in promotional activity and Reverie reserves the right to use the names and addresses of winners, their photographs and audio and/ or visual recordings of them in any publicity. Winners may be required to take part in further reasonable promotional activities.
- 9.7 The Personal Data entered by Entrant shall always be accurate. You should keep your data up to date in order for Reverie to notify you in case they you won a prize. Reverie will ensure that your personal data is not used if we know that it is not accurate.
- 9.8 Reverie and its contractors may contact you via email, phone or otherwise in relation to the Promotion.
- 9.9 At any time, you have the opportunity to require the amendment and/or the deletion, entirely or partly, of such Personal Data. In such a case, Reverie will ensure the deletion of such data as soon as feasible.
- 9.10 At any time, you also have the right to request information about the Personal Data we are keeping.
- 9.11 No cooperation with YouTube, any similar platform, or any social media provider whatsoever exists with regard to this Promotion. For questions of data usage by YouTube, please refer to www.youtube.com.
10. LIABILITY AND WARRANTY
- 10.1 Sponsor is only liable for gross negligence in cases of a breach of a material contractual obligation hereunder. In such cases, the liability will be limited to the typical and foreseeable damages; in other cases Sponsor shall not be liable for slight negligence.
- 10.2 Sponsor and any Supporting Parties are excluded from all liability to you for any loss of income, loss of profits, loss of goodwill, loss of data, loss of opportunity (in each case whether direct or indirect) and any in director consequential loss or damages incurred or suffered by you in connection with your participation in the Promotion.
- 10.3 In no event shall Sponsor or the Supporting Parties be responsible or liable for any failure or delay in the performance of its obligations under these Terms & Conditions arising out of or caused by, directly or indirectly, forces beyond its reasonable control, including but not limited to strikes, work stoppages, accidents, or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software or hardware) services.
- 10.4 To the fullest extent permissible by law, no conditions, warranties or other terms apply to the Promotion.
- 10.5 These Terms and Conditions will be governed by the laws of Michigan and any disputes will be subject to the exclusive jurisdiction of the courts of Michigan.