Falken Tire Corporation
8656 Haven Ave.
Rancho Cucamonga, CA 91730
Tel: (800) 723-2553
- NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
- THIS IS A SKILL-BASED CONTEST.
- VOID WHERE PROHIBITED BY LAW.
- DECLARATION OF ELIGIBILITY/LICENSE OF SUBMISSION/RELEASE OF LIABILITY/PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED.
- SPONSOR OBTAINS RIGHTS FROM ENTRANTS TO POST AND USE ANY AND ALL CONTENT SUBMITTED AS PART OF THE CONTEST.
- ONLINE ENTRY ONLY AND INTERNET CONNECTION REQUIRED.
- THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH Facebook, Instagram or Twitter.
BY ENTERING (OR OTHERWISE PARTICIPATING) IN THE CONTEST, ENTRANTS AGREE TO THESE OFFICIAL RULES, WHICH CREATE A BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, SUCH CONTRACT INCLUDES GRANTS OF RIGHTS AND INDEMNITIES TO THE CONTEST SPONSORS FROM YOU, AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
Contest Sponsor: Falken Tire Corporation, a California corporation (referred to herein as “Falken,” “we” or “us”), is the sponsor of the Falkenspotting Photo (“Contest”) described in these Contest Rules.
Eligibility: This Contest is open only to individuals (“Entrants” or “you”) who are legal residents of the one of the fifty states of the United States who are or will be at least 18 years of age, or the age of majority in their state of residence, whichever is greater, as of the time of entry. If you are not a legal resident of one of the fifty states of the United States or you are not the required age as of time of entry, you are not eligible to enter the Contest or to win a Prize. To be eligible to win a Prize, entries must be completed and received by Falken as described below. Directors, officers, and employees of Falken and any of its affiliated and successor companies, its or their professional advisors, advertising and promotional agencies, and Contest partners and prize suppliers, and immediate family members of any of them, are not eligible to participate. “Immediate family members” includes spouses, siblings, parents, legal guardians, children, grandparents, and grandchildren, whether as “in-laws,” or by current or past marriage, remarriage, adoption, co-habitation or other familial extension, and any other persons residing at the same household location, whether or not they are related. All applicable federal, state and local laws and regulations shall apply. This Contest is void where restricted or prohibited by law.
Contest Period: Entries will be accepted online starting on the first day of each month at 12:00am (PST) and shall end on the last day of each month at 11:59pm (PST). Falken also reserves the right in its sole discretion to suspend or cancel the Contest or any Entrant’s participation in the Contest should causes beyond the control of Falken corrupt the administration, security or proper play of the Contest, or if Falken otherwise becomes (as determined in its sole discretion) incapable of running the Contest as planned.
Prizes: Three monthly winners (“Winners”) will be selected by renowned motorsports photographer Larry Chen based on the Criteria set forth in these Contest Rules to receive a prize (“Prize”) as follows:
First Prize Winner - Each Entrant named by judge(s) as a First Prize Winner will receive a $500 cash prize.
Second Prize Winner - Each Entrant named by judge(s) as a Second Prize Winner will receive a $300 cash prize.
Third Prize Winners - Each Entrant named by judge(s) as a Third Prize Winner will receive a $200 cash prize.
Some restrictions may apply. Winners may not substitute or exchange Prizes. Falken reserves the right to substitute a prize of equal or greater value for a Prize or any portion thereof. Prizes are not assignable or transferable. PRIZES WILL BE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).
Release and Declaration: All Entrants release Falken and its affiliated and successor corporations, their directors, officers, shareholders, employees and other agents, professional advisors, advertising and promotion agencies, from and against all claims and damages arising in connection with the Entrant’s entry and/or participation in the Contest and/or his or her receipt or use of any Prize awarded in the Contest. As a condition to being awarded a Prize, the winner will be required to execute and deliver to Falken a signed Declaration of Eligibility, License and Release which includes a certification of age and residence, acknowledgement and agreement to these Contest Rules, license to use the Entrant's entry and a release of liability. If the value of the Prize is more than $599, you will also be required to provide your social security number for tax reporting purposes.
Taxes: All federal, state and local taxes (including any sales taxes) associated with the receipt or use of a Prize will be the sole responsibility of each Winner. Winners may receive an IRS form 1099 at the end of the calendar year if the value of the Prize is within IRS guidelines, and a copy of such form will be filed with the IRS. Any additional costs relating to the Prize, and incurred as a result of accepting a prize, are the sole responsibility of each Winner.
How to Enter: To submit an entry, visit www.falkentire.com/falkenspottingphotocontest and follow the instructions.
What We are Looking for: The Falkenspotting Photo Contest is a chance for you, the true enthusiast, to show off your ride! Every kind of vehicle is welcome: Muscle, Classics, Japanese, European, Light Truck and Off-Road. The only requirement is that the vehicle be equipped with Falken Tires. Winners will be chosen based on the following criteria: (1) originality and creativity of each Submission (25%); (2) commercial appeal of the Submission (25%); (3) overall quality of the Submission (25%); and (4) the Submission's success in representing the Falken brand (25%). Prize winners will be selected in the sole discretion of Falken and its agents whose decisions will be final, subject to verification of selected winners' eligibility. Any entry that does not comply with the requirements of these Contest Rules or that is deemed offensive or inappropriate, in the sole discretion of Falken and its agents, shall be disqualified.
Submission Content Guidelines: Use of any automated system or agent to submit entries is prohibited and will result in disqualification. In the event of a dispute as to any entry, the authorized account holder of the e-mail address used to enter will be deemed the Entrant. The "authorized account holder" is the natural person assigned an e-mail address by an Internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder.
Each photograph ("Submission") must be in .jpg format and under 5MB. Each Submission must be the original work of the Entrant; it must not infringe any party's intellectual property or other rights; it must not contain obscene or pornographic material; it must not include threats to any person, place, business, group or to world peace; it must not invade privacy or other rights of any person, firm or entity, and it must not in any other way violate applicable laws and regulations.
A Submission may depict individuals other than the Entrant, provided that Entrant obtains and provides express written permission from any and all identifiable individuals to use such individual's image/likeness/voice. Also, although more than one person may appear in a Submission, only a single person may be identified as the Entrant of the Submission, and only that person will be able to win a Prize, subject to meeting eligibility criteria. If any group elects to collaborate on a Submission, they are required to designate one person as the agent of the group to enter the Contest, agree to these rules, and accept the prize on behalf of the group. Falken is not liable for any disputes between collaborators arising under or related to the Contest.
An Entrant may submit more than one entry each month, as long as each entry is accompanied by a different original Submission. However, Entrant may not win more than one Prize within a three-month period.
A Submission may not utilize live animals unless the Entrant owns the animal or has obtained the consent of the animal's owner and the animal was not harmed in the making of the Submission.
Each Submission must not contain any copyrighted works (other than those owned by the Entrant). Falken reserves the right, in its sole discretion, to (i) remove or blur, or to ask the Entrant to remove or blur, any elements which violate these Contest Rules or are non-material (e.g. small logos on clothing, artwork hanging in the background, etc.), rather than disqualify an otherwise compliant Submission. If in Falken's determination it is necessary or advisable to make adjustments to an otherwise compliant Submission to comply with these Contest Rules, Falken may, in its sole discretion, elect to do so, or may ask the Entrant to do so.
Submissions may be reviewed for content before being judged, posted on the Website or otherwise publically displayed; however, such review does not relieve Entrant from responsibility for compliance with all of these Contest Rules. Submissions that do not comply in all material respects with these Contest Rules or that otherwise contain prohibited or inappropriate content as determined by Falken, in its sole discretion, will be disqualified, will not be published or will be removed from the Website, and will be ineligible for prizes. Falken will make the final determination as to which Submissions are eligible to take part in this Contest and be considered for a prize. Certain Submissions may be featured from time to time on the Website or on one or more websites of Falken's choosing during and following the Contest Period, in Falken's sole discretion; being selected as a featured Submission on any website is unrelated to the judging criteria and does not guarantee selection as a winner in the Contest.
All entries become the exclusive property of Falken and will not be returned. By entering this Contest, you irrevocably license Falken and its sublicensees to reproduce, publicly display, publicly perform, distribute copies of, and make derivative works based on any Submission.
Representations and Warranties: You represent and warrant at all times that: (i) you own each Submission, (ii) use of each Submission by Falken does not violate any copyright, trademark, trade secret or other intellectual property right of any third party, and (iii) use of each Submission by Falken does not violate the privacy rights, publicity rights, or any other rights of any person or entity. You agree to pay all royalties, fees and any other monies owed to any person by reason of any use of a Submission by Falken. If any Submission contains any content subject to any intellectual property, privacy, publicity or other similar right of a third party, upon request by Falken, you agree to obtain and provide to Falken a written release signed by such third party, in form and substance satisfactory to Falken.
Indemnity: You agree to indemnify, defend and hold Falken harmless from and against any third party claims arising out of or relating to any breach of any representation, warranty or covenant made by Entrant in connection with his or her entry into the Contest and agreement to these Contest Rules.
Disclaimer: Falken and its affiliated and successor corporations, their directors, officers, shareholders, employees and other agents, will not be responsible for: (a) entries that are incomplete, late, lost, illegible, misplaced, misdirected or mutilated; (b) telephone, electronic, hardware, software, network, or other computer-related or communications-related malfunctions or failures; (c) any Contest disruptions, injuries, losses or damages caused by events beyond the control of Falken; or (d) any printing or typographical errors in any materials associated with the Contest. Falken shall not be responsible for the quality or adequacy of the Prize or any portion thereof or the products or services to be provided to the Prize winner. Falken will not be responsible or liable for loss or injury resulting from Entrant's entering the Contest, or from a Winner’s acceptance or use or misuse of the Prize or any portion thereof. Each Winner will be required to sign a liability waiver. By submitting an entry, all Entrants accept and agree to these Contest Rules and the decisions of Falken in administering the Contest, which shall be final. Each Winner assumes complete liability for damage to property or injuries to the Winner and his or her guests or invitees caused or claimed to be caused by participation in the Contest, or the use or misuse of the Prize or any portion thereof.
Selection of Winners: After the conclusion of each Contest Period, Falken will select one (1) first prize winner, one (1) second prize winner and one (1) third prize winner from among the entries received during each the applicable Contest Period, respectively.
Winner Notification/Prize Awards: Winners will be notified by e-mail within fourteen (14) days of the end of each Contest Period. To accept the Prize, Winner should follow the instructions given by Falken in its notification. As a condition of being awarded the Prize, Winner will be required to (i) execute and deliver to Falken a signed Declaration of Eligibility, License and Release, which includes a certification of age and residence, an acknowledgement and agreement to these Contest Rules, a license to use the Submission(s) and a release of liability and (ii) if the value of the Prize exceeds $599, Winner must provide his or her social security number or other taxpayer identification number. Winner must sign and return this document within five (5) days of e-mail notification attempt or his or her right to the Prize shall be forfeited. Furthermore, if a Submission sent in by an Entrant selected as a winner depicts recognizable individuals other than the Entrant ("Subjects"), then Entrant shall also submit for each Subject, a release signed by such Subject granting Falken the right to use the image/likeness/voice of the Subject as it appears in the Submission. If all required releases are not submitted by the deadline established by Falken, the Winner's rights to a Prize will be forfeited. Prizes will be awarded within approximately thirty (30) days of receiving required documents noted above. Return of any e-mail notification or prize verification as undeliverable will result in disqualification.
Disclosure of Winner/Submissions: The identity and state of residence of the Entrants chosen as Contest winners may be disclosed on the Falken website, www.falkentire.com, social media properties, mentioned in press releases and Blogs. All approved Submissions may also be published on the Falken website, www.falkentire.com, social media properties, mentioned in press releases and Blogs.
Falken Use of Entry Information: Entrants hereby agree that in consideration of being permitted to enter the Contest, they hereby grant Falken a perpetual, non-exclusive, worldwide, royalty-free license to utilize the information supplied in response to the survey questions on the registration form submitted to enter the Contest (collectively, “Survey Information”) in any way and for any purpose whatsoever. The Survey Information will not be returned to any Entrant.
Personal Information: The entry form submitted to enter the Contest includes personally-identifying information such as your name, address, telephone number, email address and date of birth. This information will be used to (i) verify your eligibility to enter the Contest (ii) contact you to receive a Prize if you are chosen as a winner and (iii) post your name and state of residence on the Website if you are chosen as a winner.
Falken treats the information provided by Entrant and any personally-identifying information you submit on the entry form as confidential. However, such information may be used for Falken's internal business and marketing purposes.
Falken will not sell, trade or rent your information. Falken may use the information it has collected about you to send you information or materials about products, offers and news that Falken believes may interest you; however, Falken will provide you with an option to opt-out of receiving such materials. Falken may provide some of the services to conduct this Contest through contractual agreements with affiliates, service providers, and other third parties (collectively, the “Service Partners”). Service Partners may use your personal information to operate and provided services related to this Contest. The use of your personal information by Service Partners is governed by the privacy policies of those Service Partners, and is not subject to Falken's control.
Notwithstanding the foregoing, Falken reserves the right to disclose any information in its possession if Falken believes that disclosure is necessary to: (i) conform to legal requirements or respond to a subpoena, search warrant or other legal process received by Falken, whether or not a response is required by applicable law; (ii) enforce the Contest Rules or to otherwise protect Falken's rights or (iii) protect the safety of members of the public.
General Release: By entering the Contest, you release Falken and its affiliated and successor corporations, their directors, officers, shareholders, employees and other agents, professional advisors, advertising and promotion agencies, Contest partners and Prize suppliers from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Contest or the delivery, misdelivery, acceptance, possession, use of or inability to use the Prize or any portion thereof (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
Miscellaneous: The Contest and these Contest Rules will be governed, construed and interpreted under the laws of the State of California. If any provision of these Contest Rules is declared to violate any applicable federal, state or municipal law, it shall be amended to conform to such law and all other provisions shall remain in full force and effect. Entrants agree to be bound by these Contest Rules and by the decisions of Falken, which are final and binding in all respects. Entrants who violate these Contest Rules, tamper with the operation of the Contest or engage in any conduct that is detrimental or unfair to Falken, the Contest or any other Entrant (in each case as determined in Falken’s sole discretion) are subject to disqualification from the Contest. If you have any questions about these Contest Rules or the Contest, please send written questions to Falken Tire Corporation, 8656 Haven Ave., Rancho Cucamonga CA 91730.
Contest Rules: To obtain a copy of these Contest Rules, send a written request to Falken Tire Corporation, 8656 Haven Avenue, Rancho Cucamonga, CA 91730, Attention: Falkenspotting Photo Contest.
Copyright Notice: The Contest and all accompanying materials are copyright © 2017 Falken Tire Corporation. All rights reserved.