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CÎROC AMERICANO AMBASSADOR SEARCH OFFICIAL RULES

 

CÎROC AMERICANO AMBASSADOR SEARCH WITH MAXIM MAGAZINE”0 (the “Contest”)

OFFICIAL RULES

 

NO PURCHASE NECESSARY. THIS CONTEST IS ONLY OPEN TO LEGAL RESIDENTS OF THE UNITED STATES WHO ARE 25 YEARS OF AGE OR OLDER AND ARE EITHER FORMER OR RETIRED OFFICERS OR ENLISTED PERSONNEL WHO SERVED ON ACTIVE DUTY, IN THE SELECTED RESERVE OR NATIONAL GUARD AND HAVE A DISCHARGE TYPE OF “HONORABLE” OR ARE THE SPOUSE OR PARTNER OF A FORMER OR RETIRED OFFICER OR ENLISTED PERSONNEL WHO SERVED ON ACTIVE DUTY, IN THE SELECTED RESERVE OR NATIONAL GUARD AND HAVE A DISCHARGE TYPE OF “HONORABLE.” VOID IN ARKANSAS, CALIFORNIA, INDIANA, MAINE, MARYLAND, TENNESSEE AND WHEREVER ELSE PROHIBITED OR RESTRICTED BY LAW.

 

1. To Enter: This Contest begins at 12:01 p.m. (Eastern Standard Time) on September 7, 2012 and ends at 11:59:59 p.m. (EST) on October 4, 2012. Access the contest Website at www.maxim.com/ciroc and follow the on-screen instructions. Submit an original video telling us in your own words why you in particular would be the ideal candidate to represent the CÎROC brand within the U.S. military channel* and serve as the official 2013 CÎROC Americano Ambassador (also referred to herein simply as “Ambassador.”) Videos must incorporate the phrase “CÎROC the Red, White and Blue”, be original, unaltered, created specifically for this Contest and no more than 30 seconds in length (maximum size 200 MB and in either of the following file formats: .mov or .mp4, h.264 encoding). Neither Administrator (Alpha Media Group Inc., publisher of Maxim magazine) nor Sponsor (Diageo Americas, Inc.) is responsible for technical difficulties, telephone or cell phone service disruptions or other equipment or service issues which might affect the ability of the Sponsor to notify the Semi- Finalists/Finalists/winners. Sponsor and Administrator (collectively, the “Contest Entities”) assume no responsibility for lost, late, damaged, misdirected, illegible, incomplete, or incorrect entries or other promotion materials, all of which are void. Facsimiles or mechanical reproductions will not be accepted.      One entry per person. Multiple entries will result in disqualification.

 

2. PRIZES:

 

Grand Prize: One (1) Grand Prize is a six (6) month agreement to serve as the official 2013 CÎROC Americano Ambassador. As a condition of prize award, Grand Prize winner will be required to execute an agreement with Sponsor whereby the Grand Prize winner agrees for a period of six (6) months to make him/herself available as may be required by Sponsor for personal appearances, media interviews and other public relations activities and events and otherwise perform the duties of the 2013 CÎROC Americano Ambassador; performance of services pursuant to the agreement may require significant travel by Grand Prize winner. Such agreement will set forth the terms of the relationship between the Grand Prize winner and Sponsor, including compensation ($25,000.00 – twenty-five thousand dollars, US, payable in roughly equal installments over a six month period), obligations of the parties, termination provisions, and other customary terms and conditions. If Sponsor and Grand Prize winner cannot agree to terms and the Grand Prize winner declines to sign the agreement for any reason, Sponsor will disqualify the Grand Prize winner and an alternate Grand Prize winner may be chosen. Grand Prize winner shall be viewed as an independent contractor of Sponsor. In the event of a dispute between these Official Rules and the agreement, the agreement will control. Pursuant to the terms of the agreement, Sponsor will have no obligation to use the winner’s services (for personal appearances or otherwise) in any manner whatsoever provided that Sponsor pays the winner the compensation as stipulated in the agreement. Among other responsibilities as the Ambassador, winner will be required to attend the CÎROC Veterans Day Weekend in Washington State, November 11, 2012 – November 13, 2012. Approximate total retail value of the Grand Prize is $30,000.00.

 

 

Finalist Prizes: Five (5) finalist prizes will be awarded to the individuals with the highest number of votes at the conclusion of Phase Two of the Contest (see below). Finalists will receive the Ultimate CÎROC Americano Ambassador Kit, which may include a one-year subscription to Maxim magazine, a commemorative T-shirt and hat. Actual elements comprising the Ultimate CÎROC Americano Ambassador Kit are at Sponsor’s sole discretion. Sponsor is not responsible for any changes to the Finalist prize package. If Finalist winner is unable to accept this prize “as is” the prize (including the opportunity to perhaps be selected as the Grand Prize winner) will be forfeited and another finalist may be selected at the Sponsor’s sole discretion. Approximate retail value per prize is $200.00.

 

Approximate retail value of all Prizes: $31,000.00.

 

3. Determination of Semi-Finalists - Semi- Finalist Panel Review (“Phase 1”):

 

All eligible entries will be reviewed by a panel of qualified judges ("Judges"), whose decisions are final in all matters relating to the Contest. Entries will be judged on the following criteria: Passion for the military and experience in or with the military as explained/demonstrated in the video (30%); Creativity defined as how entrant would promote the CÎROC brand throughout the military channel (30%); Personality of entrant (20%); and Overall capability to fulfill the promotional job responsibilities of Ambassador, as explained/demonstrated in the video (20%). All eligible entries will be judged as they are received by judging panel. In the event of a tie, tied entries will be re-judged on the basis of Passion for the military and experience in or with the military as explained/demonstrated in the video. Ten (10) entries will advance to the Semi- Finalist Round (if there’s a tie, only the entry/entries that prevail in the tie-breaker will advance to the Semi-Finalist Round). Sponsor reserves the right to advance fewer than ten (10) entries to the Semi-Finalist Round if, in its sole discretion, it does not receive a sufficient number of eligible and qualified entries.

 

4. Determination of Finalists - Online Consumer Voting (“Phase 2”):

 

The top 10 highest scoring entries from Phase 1 will be deemed “Semi-Finalists” and will be posted online at www.maxim.com/ciroc beginning on or after 12:00:00 am ET on October 19, 2012 through 11:59 pm ET on October 26, 2012. But, by posting a notice to such effect on the Website, Sponsor may postpone or otherwise modify the Online Consumer Voting Period. Contest Entities disclaim any liability in conjunction with the quality of the posted videos and entrants understand and agree that posted videos may differ from their Contest entries due to technological limitations/errors/malfunctions. Sponsor reserves the right to post Semi-Finalist entries in any order, pattern or sequence which may (or may not) be rotated or changed one or more times during Phase 2. Sponsor will determine in its sole discretion the manner in which Semi-Finalist entries are attributed to entrants and will have no liability in conjunction with same. Scores achieved by Semi-Finalist entries in Phase 1 of the Contest will not affect determination of the Finalists in Phase 2. Individuals who are residents of the 50 U.S. and D.C., 25 years and older, can visit www.maxim.com/ciroc during that time period, and vote for their favorite entry. The five (5) entries with the highest vote totals from Phase 2 (as determined by Sponsor or its agency in its sole discretion) will be selected as “Finalists” for the Contest, subject to confirmation of eligibility and identity. Any posted tally of votes received by a Semi-Finalist entry is for informational purposes only and is not binding upon Sponsor; and, Sponsor may modify the vote total received by any Semi-Finalist entry without liability or notice of any kind. In the event of a tie, all such tied Semi-Finalists will be deemed Finalists. (Semi-Finalists who do not become Finalists will not receive any prize.)

 

 

POSTED VIDEOS REPRESENT SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF CONTEST ENTITIES IN ANY MANNER. CONTEST ENTITIES DISCLAIM ANY LIABILITY IN CONJUNCTION WITH SCREENING OR MONITORING VIDEOS PRIOR TO POSTING THEM ON THE WEBSITE. NEITHER SPONSOR NOR ADMINISTRATOR WILL EDIT VIDEOS PRIOR TO POSTING THEM ON THE WEBSITE FOR THE CONTEST.

 

Any entry may be eliminated if in Sponsor’s sole discretion (i) if it is not consistent with Sponsor’s reputation in the marketplace, including its reputation for quality and integrity, (ii) if it does not reflect the goals of the Contest, (iii) if the language or other content of the entry is not appropriate, (iv) if the entry is so deficient in grammar, spelling, sentence structure or content as to be unclear or inappropriate.

 

Any Semi-Finalist entry may be eliminated, regardless of vote total, if the voting for that entry appears to reflect any improper attempt to collect or generate votes in violation of these rules, such as through an automated voting scheme. Limit one vote per email address/per person/ per day. No offer to pay for votes or provide any other compensation or consideration for votes is permissible, nor are offers of like-kind exchanges (i.e., “I’ll vote for yours if you vote for mine”). Entrants who, in the sole discretion of Sponsor and/or Judges, attempt in any fashion to “buy” votes will be disqualified and their entries removed. Other uses of social media, blogs, texts, tweets, websites, etc., to drive participants to voting site, for example through notices or encouraging messages, are permissible.

 

5. Determination of Grand Prize Winner (“Grand Prize Judging”):

 

On a date designated by Sponsor between October 19, 2012 and October 26, 2012 (that is, contemporaneously with the online consumer voting [Phase 2]), the ten (10) Semi-Finalists will be required as part of the Contest to participate in a minimum of two video and/or in-person interviews at the sole discretion of the Sponsor, where they elaborate upon the reasons set forth in their video as to why they in particular should be the official 2013 CÎROC Americano Ambassador. All arrangements (and associated costs) will be the sole responsibility of the Sponsor. Only the interviews of the Finalists (that is, the Semi-Finalists with the five (5) highest vote totals in the online consumer voting) will be evaluated by a panel of qualified Judges based on the following criteria: Passion for the military and experience in or with the military as explained/demonstrated in the video (30%); Creativity defined as how you would spread the CÎROC brand throughout the military channel (30%); Personality (20%); and Overall capability to fulfill the professional job responsibilities of Ambassador, as explained/demonstrated in the video (20%). (For the avoidance of doubt, the interviews of the remaining five (5) Semi-Finalists will not be evaluated.) The earlier scores achieved by the Finalists’ entries in Phases 1 and 2 of the Contest will not impact the determination of the Grand Prize winner. The one (1) Finalist with the highest score as determined by the Judges will be selected as the potential Grand Prize winner subject to confirmation of eligibility. Those Finalists not selected as the Grand Prize winner will each receive a Finalist prize. (The Grand Prize winner will also receive a Finalist prize.) In the event of a tie in Grand Prize Judging, the entries involved will be re-judged by an additional judge from Sponsor who will serve as the tie-breaker and who will evaluate entries according to the same criteria. All entrants may be required to undergo a background check or verification of identity and eligibility. Winners will be notified on or about October 30, 2012 and will be required to sign an affidavit of eligibility and liability release within twenty-four (24) hours of notification or prize will be forfeited and may be awarded to another winner at sponsor’s sole discretion. If winner cannot be located or does not respond to attempt to be notified within twenty-four (24) hours, prize will be forfeited and an alternate winner may be selected at the sponsor’s sole discretion. No prize will be released until the required Affidavit is returned. Grand Prize winner must also sign the agreement described in Rule 2 above. Except where prohibited, acceptance of prize constitutes winner’s consent to use of his/her name, likeness and biographical data for advertising and promotional purposes without additional compensation. Entrants expressly agree to waive any and all rights to publicity that they have or may have arising out of or relating to the Contest.

 

6. Contest Entries: All materials, documents, information and data submitted to the Sponsor in connection with this Contest, including the Contest entry and submission are the property of Sponsor, will not be returned and cannot be acknowledged.     By entering the Contest, entrants represent and warrant that their Contest entry is their sole, original work and that it does not infringe upon the rights of any other party, including but not limited to any intellectual property, trade secret or other proprietary rights of any other party. By submitting a Contest entry, entrant further represents and warrants that any person(s) referenced has given his or her express written consent to the reference and use as contemplated by these Official Rules and that entrant has obtained written permission for such use from any such person. Submission of an entry grants Sponsor and its designees (which may include Administrator) the right to use, publish, adapt, edit and/or modify Contest entry (including for Semi-Finalists, the content of their interviews, as discussed above) in any way, in whole or in part, and to use such Contest entry, and any ideas or concepts contained therein, in commerce and in any and all media now known or hereafter discovered, worldwide, including but not limited to on-line (website), without limitation or compensation to the entrant and without right of notice, review or approval of any such use of the Contest entry. Submission of a Contest entry further constitutes the entrant's consent to irrevocably assign and transfer to the Sponsor and its designees (which may include Administrator) any and all rights, title and interest in and to the Contest entry, including but not limited to all intellectual property rights and proprietary rights worldwide.         Any content, material or information included in Contest entry shall not be confidential, proprietary or trade secret. By submitting a Contest entry, entrant consents to Sponsor and its designees’ use, reproduction and disclosure of the Contest entry, and ideas, concepts or other materials contained therein, for any purpose, including any commercial purpose. Any Contest entry that contains third party artistic works, copyrights, trademarks, trade names, logos or similar brand identifying marks, trade secrets or other proprietary rights will not constitute a valid Contest entry.

 

The videos submitted must be taken solely by the entrant. By submitting an entry, entrant represents and warrants to the Contest Entities that: (i) his/her video is the sole and original creation of the entrant and has not been copied in whole or in part from any other work; (ii) the entry does not violate or infringe any copyright, trademark, trade name, trade secret or other proprietary right of any person or entity; and (iii) the person(s) depicted in the video has given his or her express written consent to its submission into the contest and use as contemplated by these Official Rules and by submitting any video that contains the name, image, voice, signature, statements or likeness of any person, you hereby represent and warrant that you have obtained such written permission. Any video that contains third party artistic works, copyrights, trademarks, trade names, logos, similar brand identifying marks, trade secrets or other proprietary rights will not constitute a valid Contest entry. Submission of a Contest entry grants Sponsor and its designees (which may include Administrator) the right to use, publish, adapt, edit and/or modify entry in any way, in whole or in part, and to use such entry in commerce and in any and all media now known or hereafter discovered, worldwide, including but not limited to on-line (website), without limitation or compensation to the entrant and without right of notice, review or approval of any such use of the entry. By entering, each entrant further warrants and represents that he/she has received all rights which may be necessary from any person depicted in a video to grant this assignment and transfer of rights.

 

Videos containing full or partial nudity, defined as the display of the genitals, pubic area, vulva, anus, or anal cleft with less than a fully opaque covering or the showing of the breast with less than a fully opaque covering of any part of the nipple, or any lewd or sexually suggestive gesture will be disqualified. No video (a) depict persons consuming alcoholic beverages (b) depict persons conducting themselves in an inappropriate manner (c) contain material that would imply that the consumption of alcoholic beverages is acceptable before or while operating machinery, driving a vehicle or undertaking any other activity that requires a high degree of alertness or physical coordination, (d) contain any material that would degrade or demean the human form, image or status of women, men or the members of any group based on race, religion, ethnic background, sexual orientation or any other minority status, or (e) include an image of any person that appears to be under 25 years of age. Obscene, provocative, lewd or otherwise objectionable content or those which reflect poorly on Diageo Americas, Inc. CÎROC brand of vodka or Alpha Media Group Inc.’s Maxim magazine will not be considered and the determination of the appropriateness of any video submitted is at the sole discretion of the Sponsor and/or Judge(s).

 

Entrants agree and understand that promotion will be made available to the public, including but not limited to posting on the Internet. Whether or not Contest Entry is published on the Internet, Contest Entities do not guarantee any confidentiality with respect to any Submission.

 

Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the promotion at any time without notice or further obligation.

 

7. Eligibility: This Contest is open only to legal residents of the United States who are 25 years of age or older at the time of entry except Arkansas, California, Indiana, Maine, Maryland and Tennessee and wherever else prohibited or restricted by law and are either former or retired officers or enlisted personnel who served on active duty, in the selected reserve or National Guard and have a discharge type of “honorable” or are the spouse or partner of a former or retired officer or enlisted personnel who served on active duty, in the selected reserve or National Guard and have a discharge type of “honorable.” For the avoidance of doubt, individuals who are not former or retired military personnel or their spouse/partner are NOT eligible for the Contest. Employees of the following entities and members of their families or households are not eligible for participation under any circumstances:    Diageo Americas, Inc. (“Sponsor”), Alpha Media Group Inc. (“Administrator”), and (as appropriate) their respective subsidiaries, assignees, affiliates, printers, advertising and promotion agencies, alcohol beverage suppliers, importers, wholesalers, distributors or retailers. All federal, state and local laws apply.

 

8. General Conditions: Entry in the Contest constitutes an entrant’s full and unconditional agreement to abide by and accept the terms and conditions of these Official Rules. No substitution of prize or cash equivalent except at Sponsor’s sole discretion. Cash equivalent may be less than the approximate retail value of the prize. Prize is non-transferable except at the sole discretion of the Sponsor. All federal, state and local taxes on the prize are winner’s sole responsibility. Limit one (1) Finalist Prize per family/household/address. By accepting the prize, winner waives the right to assert as a cost of winning said prize, any and all costs of redemption or travel to redeem said prize and any and all liability that might arise from redeeming or seeking said prize. Grand Prize winner’s guest for CÎROC Veterans Day Weekend trip must be 21 years of age or older and must travel on the same itinerary as Grand Prize winner (as addressed in Grand Prize winner’s agreement ) and sign a Guest’s Liability and Publicity Release. It is the Grand Prize winner’s sole responsibility to arrange transportation to and from the major airport nearest winner’s residence. Sponsor reserves the right to conduct a background check of any criminal records of the winners and Grand Prize winner’s travel companion. To the extent necessary and permitted by law, winners and Grand Prize winner’s travel companion shall authorize this background check. Sponsor reserves the right, at its sole discretion, to disqualify prize winners and/or Grand Prize winner’s travel companion from any prize element, based on the background check. Winners also accept sole responsibility for any miscellaneous costs relating to acceptance of prize.

 

Entrants hereby agree to indemnify and hold Sponsor, Administrator and their respective subsidiaries, agents, affiliates, employees, officers, directors, as well as Facebook, harmless from and against any third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses, including attorney fees and court costs, arising out of any breach or alleged breach of any of the warranties and representations set forth above.

 

The value of the prize(s) won by a participant under the Contest may be taxable as income to its winner. Winner is solely responsible for any and all taxes and/or fees associated with the prize(s). Grand Prize Winner will be issued an IRS Form W-9 with the Affidavit of Eligibility and Release/agreement described in Rule 2 above and a subsequent IRS Form 1099 (and/or other appropriate tax documentation). Upon receipt of prize(s), the winner shall be required to comply with any and all applicable federal, state and local law, rules and regulations.

 

In consideration of his/her receipt of any prize, prize winner for himself or herself and his or her guests, heirs, personal representatives and assigns shall voluntarily and knowingly completely and forever shall release, waive and discharge Contest Entities and all related parties, as well as Facebook, from and against any and every kind of claim, demand, injury, costs, attorney fees, right, liability or cause of action or other liabilities of whatever kind or nature, known or unknown, absolute or contingent, and whether or not fixed, which the prize winner ever had, now has or might in the future have arising in any way or related to this Contest, including, but not limited to, prize winner’s participation in the Contest; prize winner’s Contest entry; use of prize winner’s name, likeness, biographical information, signature, image or likeness; prize winner’s receipt, use or inability to use any prize or part thereof, including but not limited to injury or loss sustained in any travel related to the prize; financial claims; physical and/or emotional injury; and/or any other legal claim that may arise, whether under contract, tort, warranty or any other theory or claim.

 

Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Contest at any time without notice or further obligation.

 

Any Contest Entry that does not comply with the above restrictions or any other requirement herein is subject to disqualification and Sponsor reserves the right at its sole discretion to remove any Submission if Sponsor receives notification about any potential infringements or breaches of law or for any other reason set forth herein.

 

9. Electronic Entries: In the event of a dispute, on-line entries will be deemed made by the authorized account holder of the e-mail address submitted at time of entry. The authorized account holder is the natural person who is assigned to the e-mail address by an internet access provider, on-line service, or other organization that is responsible for assigning e-mail addresses. Contest Entities are not responsible for lost, late, damaged, illegible, misdirected, or incomplete entries, or for on-line entries not received due to lost, failed, delayed or interrupted connections or miscommunications, or to other electronic malfunctions, delays, or errors of any kind in the transmission or receipt of entries. Contest Entities are not responsible for incorrect or inaccurate entry information, whether caused by web site visitors or by any human or technological error which may occur in the processing of entries in this Contest. Sponsor reserves the right, in its sole discretion, to cancel or suspend all or a portion of the Contest, should viruses, bugs or other causes beyond control of the Sponsor corrupt the administration, security or proper operation of the Contest. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, CONTEST ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

 

10. Entrant's Personal Information: Information collected from entrant is subject to the respective privacy policies of the Contest Entities. For Administrator, it can be found at: http://www.maxim.com/corporate/privacy-policy. For Sponsor, it can be found at: http://www.ciroc.com/#!/privacy.

 

11. Winners’ List: For a list of winners, please send a self-addressed stamped envelope to CÎROC Americano Ambassador Search: 415 Madison Avenue #3 New York, NY 10017. All requests for the winners’ list must be postmarked by November 2, 2012 and received by November 19, 2012.

 

This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. By participating in the promotion, you are providing your information to Sponsor and Administrator, not to Facebook.

 

*This Contest is in no way sponsored, endorsed or associated with the United States Armed Forces or any agency of the United States government.

 

Sponsor: Diageo Americas, Inc., Norwalk, CT

 

Administrator: Alpha Media Group Inc. New York, NY.

 

CÎROC Vodka. Distilled From Fine French Grapes. 40% Alc/Vol. (c)2012 Imported from France by Diageo, Norwalk, CT.

 

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