2016 COPART REBUILD PHOTO CONTEST
(the “Photo Contest”)
Official Rules
NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. INTERNET ACCESS AND VALID E-MAIL ADDRESS REQUIRED.
The Photo Contest is open only to legal residents of the fifty (50) United States* who are eighteen (18) years of age or older and are Copart, Inc. members in good standing as determined by Copart, Inc. in its sole discretion.
By participating in the Photo Contest, you agree to these Official Rules and the decisions of Copart, Inc. (“Copart” or “Sponsor”), which are final and binding in all respects and are not subject to appeal.
This promotion is in no way sponsored, endorsed or administered by, or associated with any third party, including Facebook, Twitter, Instagram or other social media websites on which any content related to this promotion may appear. By participating, you release and agree to hold harmless Facebook, Twitter, Instagram and other applicable social media websites from any and all liability in conjunction with the promotion.
*IF YOU ARE NOT A LEGAL RESIDENT OF THE UNITED STATES, DO NOT ATTEMPT TO ENTER THE PHOTO CONTEST AS IT IS NOT INTENDED FOR YOU.
1. Photo Contest Schedule:
A. Entries for the Photo Contest (“Photo Contest Entries”) will be accepted as described below beginning on/after July 27, ,2016 at 12:01 a.m. Central Time (CT) until August 24, 2016 at 11:59 p.m. CT (the “Entry Period”). No Photo Contest Entries will be accepted after August 24, 2016 at 11:59 p.m. CT.
B. The judging panel will select approximately ten (10) Photo Contest Entries as Finalists on or about August 29, 2016.
C. Members and visitors to Copart’s official website for the Photo Contest (Copart.com/Rebuild) (the “Contest Site”) may vote for their favorite Finalists beginning August 29, 2016 on/after 12:01 a.m. CT until September 5, 2016 at 11:59 p.m. CT (the “Voting Period”).
D. Potential prize winners will be notified on or about September 12, 2016.
{Sponsor may modify the Entry Period or the Voting Period in its sole discretion by posting notice to such effect on the Contest Site.}
2. Photo Contest Theme: Submit a file containing at least two (2) original photo images of a vehicle you fixed, rebuilt or customized: at least one (1) photo image must show the vehicle before fixing/rebuilding/customization and at least one (1) photo image must show the vehicle after fixing/rebuilding/customization. The image file must be in PNG or JPG format and the total file size must be less than 50 MB. You may use photo editing software to create the image file (including to create a collage from multiple original photo images), but you may not digitally or electronically alter, manipulate or enhance the images in such a way as to distort or misrepresent the actual condition of the vehicle (either before or after fixing/rebuilding/customization). Create a caption for your photo images that is (i) 60 words or less, (ii) in English, and (iii) includes the hashtag #CopartChallenge. You will have the option to submit an additional descriptive statement of your rebuild project (300 words or less, in English). You must own the vehicle shown in the photos.
If you entered the 2014 Copart Rebuild Video Contest or the 2015 Copart Rebuild Photo Contest but did not win a prize in either of those contests, you may enter this Contest using the same vehicle by submitting the required “before” and “after” photo image and descriptive statement. Video entries will not be accepted under any circumstances.
3. How To Enter the Photo Contest:
A. Go to www.copart.com/rebuild and follow the link to the Photo Contest entry form. If you are not already a Copart member, you must sign up and obtain a member number at www.copart.com before you may submit a Photo Contest Entry. Registering for a Copart membership is free.
B. Complete the Photo Contest Entry form with all required information, including your email address, name, Copart member number, and the caption described in Rule 2 above. You may also include the optional descriptive statement in the space provided.
C. Follow the instructions to upload your image file to the Contest Site and submit your Photo Contest Entry. The complete entry form, descriptive caption using the hashtag #CopartChallenge, optional descriptive statement (if included), and image file together constitute your “Photo Contest Entry.”
D. Check the box wherein you agree to these Official Rules. YOUR PHOTO CONTEST ENTRY WILL NOT BE ACCEPTED IF THIS BOX IS NOT CHECKED.
4. Photo Contest Entry Restrictions- In General: Limit of one (1) Photo Contest Entry per Copart member. The attempted use of multiple Copart member numbers by the same person or entity for the purpose of circumventing the foregoing limitation will be grounds for immediate disqualification of such person/entity from participating in the Photo Contest.
Receipt of Photo Contest Entries will be acknowledged by Sponsor, but such acknowledgment merely reflects Sponsor's receipt of the Photo Contest Entry. If you do not receive acknowledgment of your Photo Contest Entry by 5 p.m. CT on the next business day after submission, your Photo Contest Entry was not received by Sponsor and, to be entered in the Photo Contest, you must resubmit it as described in Rule 3 above. Entries will be reviewed by Copart for compliance with the Photo Contest guidelines set forth in these Official Rules. Entrants will be notified separately if their Photo Contest Entry has been preliminarily approved by Sponsor for posting as described below. Once submitted, a Photo Contest Entry (including but not limited to the photo image file, caption and descriptive statement) cannot be modified, altered, edited or supplemented by the member except at Sponsor’s sole discretion as specifically provided in Rule 5 below. More than one person may assist in the creation of a Photo Contest Entry, but each Photo Contest Entry may be submitted under only one (1) Copart member’s account and in all cases the Copart member under whose account the Photo Contest Entry was submitted, as determined by Sponsor in its sole discretion, shall be deemed to be the entrant for all purposes. For the avoidance of doubt, should a Photo Contest Entry created by multiple persons be verified as a prize winner, Sponsor’s liability shall be limited to the Copart member deemed by Sponsor to be the entrant and Sponsor shall have no liability to any third party in conjunction with such winning Photo Contest Entry.
5. Photo Contest Entry Restrictions – Content of Entry: A Photo Contest Entry will be deemed void and the entrant submitting same will be automatically disqualified from participating in the Photo Contest if any portion of the Photo Contest Entry (including the photo image, the caption, and the descriptive statement, if any) violates any of the following requirements, as determined by Sponsor in its sole discretion:
A. Was submitted as an entry in a previous contest or competition by or on behalf of entrant, other than the 2014 Copart Rebuild Video Contest and the 2015 Copart Rebuild Photo Contest.
B. Was a winner of a prize in the 2014 Copart Rebuild Video Contest or the 2015 Copart Rebuild Photo Contest.
C. Contains images that have been digitally or electronically altered, manipulated or enhanced in such a way as to distort or misrepresent the actual condition of the vehicle.
D. Violates the trademark, copyright, intellectual property or other rights of any third party. If a third party or its property is included or referenced in the photo image, caption or descriptive statement (if any), entrant must have secured the written permission of such third party prior to submitting the photos/caption/statement as a Photo Contest Entry. **
E. Is inappropriate for publication, offensive or obscene (including hate speech, profanity or pornographic content).
F. Advocates violence, alcohol consumption or drug use or any illegal act (including but not limited to driving while impaired and violation of traffic or other laws).
G. Disparages, reflects poorly upon or adversely affects the goodwill associated with Sponsor and/or its business operations; or includes any references to competitors of Sponsor. (If a vehicle was not purchased from Copart, do NOT identify the party from which the vehicle was purchased.)
H. Is not relevant to the Photo Contest theme as set forth in Rule 2 above.
Should Sponsor determine that a Photo Contest Entry is void and an entrant disqualified, Sponsor expressly disclaims any liability in conjunction therewith. Without limiting the foregoing, Sponsor may – but is under no obligation to – allow an entrant who submits a violative Photo Contest Entry to correct the deficiencies in same and to resubmit the Photo Contest Entry to the Photo Contest, time permitting.
In addition to voiding a Photo Contest Entry and disqualifying the entrant, Sponsor reserves the right to take down any violative content from the Contest Site, and/or to take such other actions as Sponsor deems necessary and appropriate in its sole discretion so as to protect its rights.
**Each Photo Contest entrant is granted a non-exclusive license to use the Copart name and logo (“Copart Marks”) solely for purposes of creating one (1) Photo Contest Entry accordance with these Official Rules. Such license shall terminate automatically at the end of the Photo Contest (or, if applicable, at such earlier time as such Photo Contest entrant is disqualified by Sponsor). At all times, Sponsor shall retain all ownership rights in and to the Copart Marks. Any use of the Copart Marks other than as expressly set forth herein represents an actionable violation of Sponsor’s rights in same.
6. Entrant's Grant of Rights in Photo Image/Caption/Statement: Each Photo Contest entrant grants to Sponsor a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicenseable right and license to use, perform, exhibit, reproduce and/or otherwise exploit the photo image, caption and descriptive statement (if any) portions of the Photo Contest Entry in any manner and in any and all distribution channels, venues or media now known or hereafter devised, without further notice or any compensation to the Photo Contest entrant. Each Photo Contest entrant further waives any "Moral Right of Authors" (Droit Moral) in the Photo Contest Entry, including the photo image, caption and descriptive statement (if any) portions thereof. Each Photo Contest entrant further agrees, upon Sponsor's request and without compensation, to sign any and all necessary and appropriate documents so as to effect, perfect or record such grant of license rights.
7. Posting of Photo Images/Statements: If Sponsor determines, based on its preliminary, non-binding review, that a Photo Contest Entry is eligible for the Photo Contest, the photo image, caption and descriptive statement (if any) portions of the Photo Contest Entry will be posted on the Contest Site. For the avoidance of doubt, all Photo Contest Entries that Sponsor preliminarily determines are eligible will be posted, but only Finalists will be eligible for public voting beginning on August 29, 2016 as per Rule 1 above; provided, however, that Sponsor reserves the right to remove any Photo Contest Entry from the Contest Site in the event that Sponsor later determines that such Photo Contest Entry violates these Official Rules and all votes cast for such Photo Contest Entry shall be automatically deemed null and void, with Sponsor having no liability to Photo Contest entrant or any third party with regard to same.
Each Photo Contest entrant agrees that (a) the photo image, caption and/or descriptive statement as posted for the Voting Period may differ from the Photo Contest Entry as submitted by the entrant due to technological, programming or other limitations, malfunctions or errors; (b) the photo image, caption and/or descriptive statement may be posted in any format, order, sequence or pattern and such format/order/sequence/pattern may be varied by Sponsor one (1) or more times; (c) the photo image, caption and/or statement in all cases will be attributed to the entrant by the applicable Copart member's first name and city/state.
POSTED PHOTO CONTEST ENTRIES (INCLUDING CAPTION AND DESCRIPTIVE STATEMENT, IF ANY) REPRESENT SOLELY THE VIEWS/OPINIONS OF THE APPLICABLE ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. EXCEPT AS EXPRESSLY DESCRIBED HEREIN, SPONSOR WILL NOT EDIT PHOTO IMAGES, CAPTIONS OR DESCRIPTIVE STATEMENTS PRIOR TO POSTING THEM ON THE CONTEST SITE IN CONJUNCTION WITH ADMINISTRATION OF THE PHOTO CONTEST.
8. Determination of Photo Contest Winners:
A. Judging. Sponsor's expert judging panel will review all eligible Photo Contest Entries based on the following criteria: (a) effectively expresses the Photo Contest theme; (b) overall quality; and (c) effort, creativity and originality. The top ten (10) Photo Contest Entries as determined by the judging panel are “Finalists”; however, should the judging panel select fewer or more than ten (10) Photo Contest Entries as Finalists, Sponsor shall not have any liability of any kind.
B. Voting. During the Voting Period, Copart members and visitors to the Contest Site will be able to vote for their favorite Finalist. Voters may cast only one (1) vote per day during the Voting Period. All Finalists will be ranked based on the total number of votes received during the Voting Period. The Finalists with the three (3) highest vote totals at the end of the Voting Period will win the following prizes: (a) Highest Number of Votes: Grand Prize Winner; (b) Second Highest Number of Votes: Second Prize Winner; and (c) Third Highest Number of Votes: Third Prize Winner. During the Voting Period, Sponsor may post a leaderboard on the Contest Site ranking Finalists based on the number of votes received. If applicable, such leaderboard is intended solely for informational purposes, may not be current at all times and is not binding upon Sponsor in any way. For the avoidance of doubt, a Finalist may not be a prize winner even if the last leaderboard of the Photo Contest indicates that such Finalist is ranked among the top three (3) Finalists. In the event of a tie, Sponsor's expert judging panel will select the winner(s) from among the tied Finalists using the judging criteria set forth in Rule 8A.
9. Photo Contest Prizes:
Grand Prize (1) – $5,000 cash
Second Prize (1) - $2,000 cash
Third Prize (1) – $1,000 cash
Limit of one (1) prize per family/household/address in the Photo Contest. Cash prizes will be awarded in the form of a check. All unspecified expenses in conjunction with prize acceptance/use and all taxes on prize are winner’s sole responsibility. Each prize winner will be issued an IRS 1099 Tax Form reflecting Sponsor's award of prize, and agrees to cooperate fully with Sponsor so as to facilitate Sponsor's compliance with all legally mandated governmental tax reporting requirements. No prize substitution. No prize transfer without the express written consent of Sponsor which may be granted or withheld in its sole discretion.
10. Photo Contest Winner Notification: Potential Photo Contest prize winners will be notified by e-mail and will be required to complete, sign and return an affidavit of eligibility, a liability release, a publicity release (where lawful) and such other documentation as Sponsor may reasonably request (e.g., additional documentation granting rights in photo images, caption and descriptive statement to Sponsor, if requested by Sponsor) within five (5) business days of notification. In the event of noncompliance with this requirement or if a given potential winner of any prize cannot be contacted, is ineligible or is otherwise not in compliance with these Official Rules, such winner will be disqualified and an alternate potential winner selected as per Rule 8 above.
11. Conditions of Participation:
A. Employees, officers and directors (and their immediate families) of Sponsor, its parent, divisions, subsidiaries, affiliates, marketing/advertising/promotion agencies and any other entities involved in the development, production or administration of the Photo Contest are not eligible. (Immediate families refers to parents, children, siblings and spouse, whether in the same household or not.) Void where prohibited by law.
B. Sponsor’s failure to enforce any provision of these Official Rules in a given circumstance shall not constitute the waiver of such provision. Sponsor is not responsible for Photo Contest Entries/photos/captions/statements/votes that are lost, late, illegible/garbled, corrupted, misdirected, defective, inaccessible, compromised, incomplete or damaged and all such Photo Contest Entries/photos/captions/statements/votes are void. Sponsor is also not responsible for (a) any incomplete, incorrect or inaccurate information, whether caused by tampering, hacking, equipment malfunction/failure or other cause; (b) any error, omission, interruption, deletion, defect, delay in operation or transmission of Photo Contest Entries/photos/captions/statements/votes, communications line failure, theft or destruction or unauthorized access to, or alteration of, Photo Contest Entries/photos/captions/statements/votes; and (c) any problems or technical malfunctions, disruptions or failures of any kind, including telephone network or lines, computer on-line-systems, servers or providers, software or programming, or for damage to one’s computer (or data/information contained therein) related to participation in the Photo Contest. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering (or attempting to tamper) with the Photo Contest entry process, or the operation of the Photo Contest (including but not limited to the public voting element of the Photo Contest; e.g., use of a device/artifice to seek to manipulate the voting) or to be acting in violation of the Official Rules. Sponsor may also take any other remedial action that it deems appropriate under the circumstances (e.g., discounting of votes) should Sponsor determine that the integrity of the public vote has been undermined or impugned. The preceding in no way precludes Sponsor from taking other actions against such individuals so as to protect its rights.
C. By accepting a prize in the Photo Contest, except where prohibited by law, the winner agrees to the use of his/her name, likeness, voice, photograph and/or other indicia of persona for advertising/publicity/trade purposes by Sponsor and its designees without further compensation or notice. By participating, each Photo Contest entrant indemnifies, releases and agrees to hold harmless Copart, Inc., its parent, subsidiaries, divisions, affiliates, and agencies, and the directors, officers, agents, representatives, shareholders, employees, successors and assigns of any of the above organizations, from any and all liability arising from participating in the Photo Contest, Photo Contest-related activity and/or acceptance, receipt, possession or use/misuse of prize(s).
D. If, for any reason, the Photo Contest (or any part thereof) is not capable of running as planned by reason of computer virus, bug, system malfunction, tampering, unauthorized intervention, fraud, technical failures, fire, flood, storm or other natural cataclysm, riot, strike, civil commotion, governmental regulation, or any other cause beyond the control of Sponsor which, in its sole opinion, may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Photo Contest (or any part thereof), Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Photo Contest and conduct the Photo Contest and award the prizes for the Photo Contest in a manner which is fair, equitable and in accordance with these Official Rules, as determined by Sponsor in its sole discretion. Notice of such action by Sponsor will be posted on the Contest Site.
12. DISPUTE RESOLUTION/GOVERNING LAW: To the fullest extent permitted by law, by participating in the Photo Contest, you agree that: (a) any action at law or in equity arising out of or relating to these Official Rules or the rights and obligations of any entrant and/or Copart, Inc. shall be filed in the courts in the County of Dallas, State of Texas, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action (and expressly waive any right of change of venue, forum non conveniens or any like right); (b) any and all disputes, claims, and causes of action arising out of or connected with these Official Rules, and/or the rights and obligations of any entrant and/or Copart, Inc., shall be resolved individually, without resort to any form of class action, and (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred (if any), including costs associated with participating in the Photo Contest but in no event attorneys' fees; and (d) under no circumstances will any entrant be permitted to obtain awards for and hereby waives all rights to claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise), other than for actual out-of-pocket expenses (if any), and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any entrant and/or Copart, Inc., shall be governed by and construed in accordance with the laws of the State of Texas without giving effect or regard to any principles or doctrines of conflicts of law/choice of law of the State of Texas or of any other jurisdiction.
13. PRIVACY NOTICE: Any information provided to Sponsor by persons in conjunction with the Photo Contest will be used solely for purposes of contest administration and as otherwise in accordance with Sponsor's privacy policy, accessible via www.copart.com.
14. WINNERS LIST: A list of Photo Contest winners will be available after September 12, 2016. To obtain a list of winners, send a self-addressed, stamped envelope to Copart, Inc., Attn: Marketing Department/2016 Rebuild Photo Contest, at the address set forth below.
Sponsor: Copart, Inc., 14185 Dallas Parkway, Suite 400, Dallas, TX 75254.