SAFECO DAY CONTEST OFFICIAL RULES

2016 SAFECO DAY CONTEST- OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND CONTESTANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
 

OVERVIEW: The “2016 Safeco Day Contest” (“Contest”) is a contest where participants are asked to create an original RealTimes Story video using the RealTimes application (the “RealTimes App,” available at real.com) comprised of photos and/or videos from the August 24, 2016 Mariners vs. Yankees baseball game (“Story”) and post the Story publicly on Facebook, Twitter, or Instagram, tagged with #MyRealTimes (“Share”), before midnight on August 24, 2016 and also share via email to events@realnetworks.com. All Stories Shared before the deadline will be reviewed and judged by RealNetworks, Inc. (“Sponsor”) in accordance with these Official Rules and based upon criteria set forth in the Judging section below to determine the Winner (defined below) of a MagicBox II Wireless Speaker (“Grand Prize”).

 ENTRY PERIOD: The Contest entry period begins at 12:40 P.M. Pacific Time on Wednesday, August 24, 2016 and ends at 11:59 P.M. Pacific Time on Wednesday, August 24, 2016 (the  "Entry  Period"). Sponsor’s computer is the official time-keeping device for the Contest.

 BY ENTERING THE CONTEST, YOU AFFIRM YOU ARE ELIGIBLE, HAVE REVIEWED THE OFFICIAL RULES, AND AGREE TO BE BOUND BY THESE OFFICIAL  RULES AND ALL DECISIONS OF THE JUDGES, WHICH ARE FINAL AND CONCLUSIVE WITH RESPECT TO ALL MATTERS RELATING TO THE CONTEST. WINNING  A PRIZE IS CONTINGENT UPON FULFILLING ALL REQUIREMENTS IN THE OFFICIAL RULES.

1.  SPONSOR

Sponsor:  RealNetworks, Inc., 1501 First Avenue South, Seattle, Washington 98134.

2.  ELIGIBILITY

To participate in the Contest:

(a) Anyone who enters the Contest is a “Contestant.” Contestants must comply with all terms and conditions of the Official Rules;

(b) The Contest is open only to legal residents of the fifty (50) United States and Washington, D.C. who are eighteen (18) years of age or older (except in the case of legal residents of certain

states where the legal age of majority is greater than eighteen (18) years of age, such legal age of majority);

(c) Contestants must have a valid RealTimes account and a valid email address at the time of entry;

(d) The Contest is void where prohibited or restricted by law, rule or regulation.

3.  HOW TO ENTER

To Enter the Contest:

(a) Each Contestant must have a valid RealTimes account and access to a RealTimes App.

(b) Each RealTimes Story Shared by the Contestant in accordance with the Official Rules is an “Entry.” An Entry must be submitted within the Entry Period. Only one (1) Entry per Contestant is considered for the Grand Prize. If the Contestant generates multiple Shares of the Story, the first Share chronologically will be considered the Contestant’s one (1) Entry. Any Contestant found to be using multiple RealTimes accounts to enter the Contest will be ineligible.

(c)  Entry Specifications:

i.      The Story must be created with the RealTimes App using the Contestant’s RealTimes account;

ii.     The Story created must use photos and/or videos from the August 24, 2016 Mariners vs. Yankees baseball game.

iii.       The  Story  created  must  be  publicly  posted  to  Facebook,  Twitter,  or  Instagram  and marked with the hashtag #MyRealTimes and emailed to events@realnetworks.com.

4.  ENTRY GUIDELINES

(a) The Story must not:

i.      violate applicable law;

ii.      depict hatred;

iii.      be libelous;

iv.      denigrate or threaten any person or group of persons;

v.      be likely to incite violence;

vi.      contain vulgar or obscene language or excessive violence;

vii.     depict illegal drug or alcohol use;

viii.     contain pornography, obscenity, or sexual activity;

ix.      disparage Sponsor; or

x.      contain any other content, materials, or images that could be considered inappropriate, unsuitable or offensive, as determined by Sponsor in its sole discretion.

(b) Each Entry submitted in accordance with these Official Rules is an “Eligible Entry.”

(c)  Contestant agrees that:

i.      he/she has all necessary rights or permissions to the photos, videos, and music used in the Entry, and all necessary permissions of the persons participating/appearing in the Entry, to grant the rights granted herein;

ii.      the Entry does not violate any law, statute, ordinance or regulation;

iii.      the Entry will not give rise to any claims of infringement, invasion of privacy or publicity or claims, or infringe on any rights or interests of any third party.

5.  LICENSE TO SPONSOR

Contestant agrees that by entering into this Contest he/she is granting Sponsor (and any and all of Sponsors’ subsidiaries and affiliates and successors and assignees and licensees) the non- exclusive, worldwide, perpetual and irrevocable right and license to exhibit, broadcast, copy, reproduce, edit, dub, superimpose, rebroadcast, transmit, publicly perform and distribute the Entry and any portions thereof for any purpose and without compensation or attribution.

6.  WINNER SELECTION AND JUDGING CRITERIA

(a) The Winner will be contacted on August 26, 2016 via email.

(b) Eligible Entries for the Grand Prize will be judged by a panel of judges (the “Judges”) selected by the Sponsor at the Sponsor’s sole discretion. Sponsor reserves the right to substitute or modify the judging panel, or extend or modify the period, at any time for any reason.

a.   All Judges shall be required to remain fair and impartial.

b.   A Contestant’s likelihood of winning the Grand Prize will depend on the number and quality of all of Eligible Entries, as determined by the Judges using the criteria in these Official Rules.

c.   The Judges will judge the Eligible Entries based on the following criteria: the ability to capture the spirit of the August 24, 2016 Mariners vs. Yankees baseball game through photos and/or videos (50%), creativity (25%), and quality of the images/videos submitted (25%) (collectively the “Judging Criteria”). The Eligible Entries shall be ranked by total score, and the Contestant whose Eligible Entry receives the highest overall score based on the Judging Criteria will be the potential “Winner” of the Grand Prize.

d.   In the event of a tie between Contestants, the potential Grand Prize Winner shall be the person whose Eligible Entry receives the highest score on ability to capture the spirit of the August 24, 2016 Mariners vs. Yankees baseball game through photos and/or videos. The decision of the Judges shall be final and binding in all regards.

(d) The Sponsor will make up to one (1) attempt over the twenty-four (24) hour period following the deadline to notify the potential Winner. If the potential Winner does not respond within forty-eight (48) hours of being notified, such potential Winner will be disqualified and the Entry with the next highest score will be selected as the Winner. This process will be repeated until a potential Winner responds, as required. Sponsor reserves the right to select an alternate Grand Prize Winner from among the Eligible Entries received in the event that the Grand Prize Winner fails to comply with these Official Rules.

(e) Sponsor retains the right to make a Grand Prize substitution in the event that the Grand Prize becomes unavailable. No transfer or substitution of the Grand Prize is permitted except at the Sponsor’s sole discretion.

7.  PRIZES
 

Winner

Prize

No. of Winners

Approximate Retail Value (AVR)

Grand Prize

MagicBox II Wireless Speaker

1

$35

 

8.  VERIFICATION OF ELIGIBILITY FOR RECEIPT OF A PRIZE

THE GRAND PRIZE  AWARD  IS  SUBJECT  TO  SPONSOR VERIFICATION OF THE WINNER’S IDENTITY AND ELIGIBILITY UNDER THE OFFICIAL RULES. THE SPONSOR’S DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. The potential Winner must prove eligibility, including, without limitation, proof of age and residence, within forty eight (48) hours of being notified as the potential Winner.

9.  ENTRY CONDITIONS AND RELEASE

By submitting an Entry, each Contestant agrees to:

(a) comply with and be bound by these Official Rules and the decisions of the Sponsor and/or the Contest Judges, whose Rules and decisions are binding and final in all matters relating to this Contest;

(b) release,  indemnify,  defend,  and  hold  harmless  the  Sponsor,  Facebook,  Twitter,  and Instagram, and any other individuals or organizations including, responsible for sponsoring, fulfilling, administering, advertising, or promoting the Contest, including their respective parents, subsidiaries, and affiliated companies, if any, and all of their respective past and present officers, directors, employees, agents and representatives (collectively the “Released Parties”) from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees), including but not limited to negligence and damages of any kind to persons and  property,  defamation,  slander,  libel,  violation  of  right  of  publicity,  infringement  of trademark,  copyright  or  other  intellectual  property  rights,  property  damage,  or  death  or personal injury arising out of or relating to a Contestant’s Entry, video, participation in the Contest, acceptance or use or misuse of a prize and/or the broadcast, transmission, performance, exploitation, or use of an Entry as authorized or licensed by these Official Rules.

(c) Without limiting the foregoing, each Contestant agrees to release all Released Parties of all liability in connection with:

i.     any incorrect or inaccurate information, whether caused by the Sponsor’s or a Contestant’s electronic or printing error or by any of the equipment or programming associated with or utilized in the Contest;

ii.     technical failures of any kind, including, but not limited to, malfunctions, interruptions, or disconnections in phone lines, internet connectivity, or electronic transmission errors, or network hardware or software or failure of the Contest website, or any other platform or tool that Contestants or Judges choose to use;

iii.    unauthorized human intervention in any part of the entry process or the Contest;

iv.  technical or human error that may occur in the administration of the Contest or the processing of Entry; or

v.    any injury or damage to persons or property that may be caused, directly or indirectly, in whole or in part, from the Contestant’s participation in the Contest or receipt or use or misuse of the Grand Prize. If for any reason any Contestant’s Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, the Contestant’s sole remedy is to request the opportunity to resubmit the Entry. The request will be addressed at the sole discretion of the Sponsor if the Contest Entry Period is still open.

10.  PUBLICITY

Participation in the Contest constitutes consent to Sponsor’s and its agents’ use of the Winner’s: name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.

11.  GENERAL CONDITIONS

(a) Sponsor reserves the right to cancel, suspend, and/or modify the Contest, or any part of it, if any fraud, technical failure, mistake, or any other unanticipated factor or factors beyond Sponsor’s control impairs the integrity or proper functioning of the Contest, as determined by Sponsor  at  its  sole  discretion. The  Sponsor  reserves  the  right  at  its  sole  discretion  to disqualify any Contestant that the Sponsor finds to be tampering with the entry process or the operation of the Contest, or to be acting in violation of these Official Rules.

(b) The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. The Sponsor is not responsible for incomplete, late, misdirected, damaged, lost, or incomprehensible Entries or for address or email address changes of the Contestant.

(c)  In the event of any discrepancy or inconsistency between the terms and conditions of the Official Rules and disclosures or other statements contained in any Contest materials, the terms and conditions of the Official Rules shall prevail.

(d)  Excluding Entries, all intellectual property related to this Contest, including but not limited to trademarks, trade-names, logos, designs, promotional materials, web pages, source codes, drawings, illustrations, slogans, and representations are owned or used under license by the Sponsor. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited.

(e)  Should any provision of these Official Rules be or become illegal or unenforceable under applicable law, such illegality or unenforceability shall leave the remainder of these Official Rules unaffected and valid. The illegal or unenforceable provision shall be replaced by a valid and enforceable provision that comes closest and best reflects the Sponsor’s intention in a legal and enforceable manner with respect to the invalid or unenforceable provision.

(f) The Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter, or Instagram.

12.  DISPUTES

PLEASE CLICK HERE TO SEE THE ARBITRATION AND DISPUTE RESOLUTION PROVISIONS, INCORPORATED HEREIN BY REFERENCE. READ THOSE PROVISIONS CAREFULLY. THEY AFFECT THE WAY IN WHICH ANY CLAIM OR DISPUTE BETWEEN YOU AND SPONSOR IS RESOLVED. RealTimes is Software and a Service under the Arbitration and Dispute Resolution provisions. This Contest is governed by Washington State law without reference to its conflict of laws provisions.

13.  PRIVACY

The Sponsor may collect personal information from you when you enter the Contest, which is subject to the privacy policy at http://www.realnetworks.com/privacy-policy/index.aspx.