Official Rules for Pioneer Upgrade Tour Sweepstakes
OPEN ONLY TO ELIGIBLE LEGAL RESIDENTS OF THE 50 UNITED STATES (AND THE DISTRICT OF COLUMBIA) WHO ARE AT LEAST 18 YEARS OLD AT THE TIME OF ENTERING.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR REGULATION.
1. Sponsor: The Pioneer Upgrade Tour Sweepstakes (the “Sweepstakes”) is sponsored by Pioneer Electronics (USA) Inc., 2050 W. 190th Street, Torrance, California 90504 (“Sponsor”). This Sweepstakes is in no way sponsored, endorsed, or administered by or associated with Instagram Inc. (“Instagram”). Please refer any questions, comments, or complaints regarding the Sweepstakes to Sponsor, not Instagram.
2. Eligibility: The Sweepstakes is open only to legal residents of the 50 United and the District of Columbia who are at least 18 years old at the time of entering and have, as of the start of the Sweepstakes, an Instagram account and Internet access. Anyone who is or within the past 12 months was an employee, director or officer of Sponsor or its affiliates, distributors, dealers, or advertising or promotion agencies, or an immediate family or household member of any of them, is not eligible to participate. The Sweepstakes is subject to all applicable federal, state and local laws and regulations.
Void where prohibited or restricted by applicable law or regulation.
3. How to enter: The Pioneer Upgrade Tour Sweepstakes begins on August 5, 2017 and ends on October 15, 2017 (“Sweepstakes Period”). To enter the Sweepstakes:
(1) Follow @PioneerCarAudio on Instagram
(2) Post a photo that fully complies with the “Entry Requirements” below and shows people why you love your car (“Entry”)
(3) Tag using the hashtags: #UpgradeYourCar and #Sweepstakes
Entry must be relevant to the theme of why you love your car, whether from the face of the photo or the photo plus explanation in the post. You must be a registered Instagram.com user, which is subject to acceptance of the terms at https://help.instagram.com and http://instagram.com/legal/terms. Sponsor reserves the right to disqualify any Entry for noncompliance with these Official Rules.
(b) By submitting an Entry, you represent and warrant that you are the sole creator of the Entry, you have obtained permission from all persons and any holders of copyrights, trademarks and other rights depicted in the Entry, and you are not prevented by contract, employment or otherwise from entering the Sweepstakes or granting Sponsor all rights as provided in these Official Rule.
(c) Any entrant who attempts to enter using any artifice will be disqualified, and all Entries submitted by that entrant will be void. Only fully compliant Entries are eligible. In the event of a dispute regarding who submitted an Entry, the Entry will be deemed to have been submitted by the Authorized Account Holder at the time the Entry was submitted as long as such person meets all eligibility requirements set forth in these Official Rules. “Authorized Account Holder” means the natural person who is assigned to an Instagram account by Instagram. Proof of submission will not be deemed to be proof of receipt by Sponsor.
5. Selection of winner: Two winners will be selected per week of the Sweepstakes from among all Entries, for a total of 22 winners, in a random drawing on or about Wednesday of that week from among all eligible Entries received by Sponsor or its designee, the judges in the Sweepstakes, whose decisions are final and binding. In no event will more than 22 Prizes be awarded. If due to technical, typographical, transmission or other errors, there is more than one winner for a Prize, a random drawing will be held among the claimants. Sponsor will tag the potential winner on Instagram in the Comments section of either Sponsor’s Sweepstakes post or the winning Entry itself and provide instructions on how to claim the Prize. The winner will be considered a potential winner pending verification of eligibility including name, address, age and other necessary information and of compliance with these Official Rules, and the completion and return of a signed affidavit of eligibility and release and, where necessary and permitted, a publicity release. If the potential winner is found to be ineligible, is not in compliance with these Official Rules, declines to accept the Prize, or fails to respond to Sponsor’s notification and provide the signed affidavit and release within fourteen (14) days after first notification attempt, or if the Prize is returned as undeliverable, the Prize will be forfeited, and, in Sponsor’s sole and absolute discretion, may be awarded to an alternate potential winner selected at random from the remaining pool of eligible Sweepstakes entries.
6. Prize: Each qualified Sweepstakes prize winner will receive a $200 store credit for the Pioneer Brand Shop. The winner is solely responsible for all other costs and expenses in connection with the Prize, including without limitation payment of all federal, state and any local taxes applicable to acceptance of the Prize. Each Prize is non-transferable and no substitution by the winner or cash equivalent is allowed. Sponsor reserves the right to substitute a prize of equal or greater value. Limit of one prize per individual/household per year from Sponsor.
7. Odds: Odds of winning depend on the total number of eligible Entries received.
8. Permission to Use Your Entry: By submitting an Entry, and as a condition of accepting the prize in the event you are a Sweepstakes winner, you hereby grant Sponsor, its parent companies, subsidiaries, and affiliates, and their respective agents, agencies and assigns a non-exclusive, irrevocable, royalty-free right, license and permission to use, reproduce, publish, distribute, copyright and create derivative works from your Entry. You further agree to execute any documents reasonably requested by Sponsor in connection with such grant of permission and license. No compensation or consideration for the submission of Entries or Sponsor’s use of winning Entries as authorized by these Official Rules will be made other than awarding prizes to the winners, and you hereby waive any claims arising out of the exercise of the license grants in this paragraph.
(b) Your Entry constitutes your consent, in the event you are a Sweepstakes winner, to post your name on Sponsor’s website, provide your name to persons requesting a list of winners, and use your name, voice, picture and/or likeness without compensation for promotion or advertising purposes.
9. Release of Liability: By entering the sweepstakes, you release Sponsor, its PARENT COMPANIES, subsidiaries, affiliates, partners, Officers, employees, directors, agents, contractors, advertising agencies, and all otherS associated with the development and execution of this Sweepstakes, from any and any and all claims of injury, loss or damage caused or claimed to be caused by your participation in the Sweepstakes and/or the acceptance, awarding, receipt, use and/or misuse of the Prize. you agree that these entities are not responsible for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to the Sweepstakes and/or the awarding of the Prize. SOME JURISDICTIONS do NOT ALLOW limiting or excluding LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR the disclaimer of IMPLIED WARRANTIES, so THE foregoing LIMITATIONS and EXCLUSIONS MAY NOT APPLY to you.
Notwithstanding the foregoing, if the preceding release is determined by a court of competent jurisdiction to be invalid or void for any reason, you agree that, by entering the Sweepstakes: (i) any and all disputes, claims, and causes of action arising out of or in connection with the sweepstakes, or any prizes awarded, will be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards will be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorney’s fees; and (iii) under no circumstances will you be permitted to obtain any award for, and you hereby waive all rights to claim, punitive, incidental, indirect or consequential damages, any and all rights to have damages multiplied or otherwise increased, and any other damages, other than direct damages for actual out-of-pocket expenses. SOME JURISDICTIONS do NOT ALLOW the exclusion of INCIDENTAL OR CONSEQUENTIAL DAMAGES or LIMITATION ON the ability to seek damages through a class action, so THE foregoing waiver MAY NOT APPLY to you.
10. RELEASE OF INSTAGRAM: by entering the sweepstakes, you acknowledge that it is no way sponsored, endorsed, OR administered by or associated with INSTAGRAM, and you hereby release INSTAGRAM, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, officers, EMPLOYEES, DIRECTORS, AGENTS, and CONTRACTORS from any and all claims, liabilities, and demands in any way connected with the sweepstakes.
11. Additional Rules: (a) Entries that have been tampered with or altered, mass Entries, or Entries generated by a script, macro or use of automated devices are void. Sponsor is not responsible for: (i) lost, late, misdirected, damaged, garbled, corrupted or illegible Entries; (ii) any error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction of or unauthorized access to or alterations of Entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or Sponsor’s failure to receive Entry due to technical problems, congestion on the Internet or at any website, or any combination thereof; or (iii) any injury or damage to your or any other person’s computer related to or resulting from participating in the Sweepstakes.
(b) By participating in the Sweepstakes, you agree to be bound by the Official Rules and the decisions of the judges, which are final and binding in all respects. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. Sponsor is not responsible for any typographical or other error in the publication of the offer or in administration of the Sweepstakes. Sponsor reserves the right to: (i) permanently disqualify from any sweepstakes it sponsors any person believed to have violated these Official Rules; and (ii) suspend, modify or terminate the Sweepstakes if Sponsor believes, in its sole discretion, that malfunction, error, disruption or damage is impairing or will impair the administration, security, fairness, integrity or proper conduct of the Sweepstakes. If the Sweepstakes is terminated before the end date, Sponsor will determine the winner from all eligible entries received as of the termination date.
12. Dispute resolution: The Sweepstakes and these Official Rules are governed by and will be interpreted according to the laws of the State of California applicable to contracts made and performed in California, without reference to the applicable choice of law provisions. The parties consent to the exclusive jurisdiction of the state courts of California and the federal courts located in Los Angeles County, California, for any action, claim, dispute or other matter pertaining to or arising out of this Sweepstakes or these Official Rules. If any provisions of these Official Rules are determined to be invalid or unenforceable, these Official Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or unenforceable provision were not contained herein.
14. WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DAMAGE, DESTROY, TAMPER WITH OR VANDALIZE SPONSOR’S INSTAGRAM PAGE OR SWEEPSTAKES ENTRY PAGE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, WILL CONSTITUTE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
15. Winner’s Name: For the names of the winners or for a copy of these Official Rules, please send a stamped, self-addressed envelope (return postage not required for Vermont residents) by 11/15/2017 to: Pioneer Upgrade Tour Sweepstakes, Pioneer Electronics (USA) Inc., 2050 W. 190th Street, Torrance, California 90504.