Gate Halloween Contest Terms and Conditions
UPDATED OFFICIAL RULES AS OF October 23, 2019
CONTEST PERIOD From OCTOBER 26, 2019 to NOVEMBER 4, 2019
NO PURCHASE NECESSARY.
By participating in the Halloween Video Contest (the “Contest”) sponsored by Gate Labs Inc., a Delaware corporation with offices at 859 Harrison St., Ste. B, San Francisco, CA 94107 (the “Sponsor,” “Gate Labs,” or “Gate”), the person submitting the submission for participation in the Contest (“you,” “your” or the “Entrant”) hereby unconditionally agrees that the official rules below (the “Official Rules”) form a legally binding agreement between you and Gate Labs.
- Eligibility: Gate’s Contest is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Employees of Gate Labs are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.
- Interpretation of Official Rules: You agree that Gate Labs shall have full and absolute discretion to interpret these Official Rules and the interpretations and decisions made under these Official Rules by Gate Labs are final and binding in all matters related to this Contest.
- Timing: The Contest begins on October 26, 2019 at 12:00 a.m. Eastern Time ("ET") and ends on November 04, 2019 at 11:59 p.m. ET (the "Contest Period") and only submissions submitted during the Contest Period will be considered by Gate Labs.
- How to Enter: To participate in the Contest, you must use your Gate Smart Lock to capture a video clip (the “Video”) with audio included (the “Audio”) of a human interaction during the Contest Period and must submit the Video to Gate during the Contest Period by emailing the submission to firstname.lastname@example.org along with your name and phone number (the “Contact Information”). The Contact Information, Video, and Audio are all required to enter this Contest and are hereinafter collectively referred to as your “Submission.” Submissions will be accepted only during the Contest Period.
- Guidelines and Restrictions: By uploading your Submission, you represent, warrant and agree that your Submission is true and correct and conforms to the Video Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove your Submission and disqualify you from the Contest if it believes that your Submission fails to conform to the Guidelines and Restrictions.
- The Submission captures Halloween visitors through the Gate Smart Lock camera;
- The Submission displays creative costumes for Halloween;
- The Submission showcases an entertaining or humorous interaction.
- The Submission must be in the English language;
- The Submission must not contain audio or an audio track for which the entrant does not have written permission from the owner thereof to use for this Contest;
- The Submission must not contain material that violates or infringes another’s rights, including but not limited to trademark, privacy, publicity or other intellectual property rights, or that constitutes copyright infringement;
- The Submission must not disparage Sponsor or any other person or party affiliated with the Contest;
- The Submission must not contain brand names, logos and/or trademarks (other than those owned by Sponsor, which Entrant has a limited license to use to incorporate in his/her Submission solely for purposes of this Contest);
- The Submission must not include any appearance or representation of celebrities, athletes, musicians; any URL addresses; and/or the names, addresses, phone numbers, email addresses of third parties;
- The Submission must not contain viruses, Trojan horses, worms, bots, spyware or any other computer code that is intended to or does damage, interfere with and/or surreptitiously intercept or expropriate any system, data or information.
- The Submission must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
- The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
- The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where the Submission is created.
- Limit: Each Entrant may upload a maximum of one (1) Submission during the Contest Period. Submissions received from any person or email address in excess of the stated limit will be void. Submissions generated by script, macro or other automated means are void.
- License to Submission: Uploading a Submission constitutes Entrant’s consent and grant to Sponsor and its affiliates, agencies, dealers, distributors, resellers, licensees, successors and assigns (collectively, the “Gate Parties”) of a non-exclusive, worldwide, royalty-free, fully-paid, irrevocable, perpetual right and license to reproduce, modify, post, publish, edit, display and/or otherwise use Entrant’s Video and/or Entrant’s name, city, state and/or likeness, in whole or in part, for promotional, marketing and/or publicity purposes as determined by the Gate Parties, in any form, media or technology now known or later developed including but not limited to websites, social media pages, paid digital advertising, in emails, and/or at trade shows and events, without any compensation, notification, permission or other consideration, except where prohibited by law. If requested, Entrant will sign any releases and/or other documentation that may be required for Sponsor or its designees to make use of the rights Entrant is granting to use the Submission. Subject to the foregoing license, Entrant shall retain ownership of the copyright to the Video.
- Account Holder: In the event of a dispute as to any Submission, the authorized account holder of the email address used to register will be deemed to be the Entrant and must comply with these Official Rules. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each Entrant may be required to show proof of being an authorized account holder.
- Winner Determination: After the Contest Period, a panel of qualified judges determined by Sponsor in its sole discretion will select one (1) Entrant with the highest-scoring Submissions based on the uniqueness of the video.
- Winner Awards: Potential winners will be notified by email or phone using the Contact Information provided as part of the Submission on or before December 2, 2019. If a potential winner is disqualified for any reason, or otherwise does not accept the prize, the prize may be awarded to a runner-up, if any, in Sponsor’s sole discretion. Prizes will be fulfilled within eight (8) weeks after the end of the Contest Period. The prize will consist of a gift card in the amount of $250 to an entity of Sponsor’s choosing.
- Use of Winner’s Likeness: In addition to the rights granted to Gate by all Entrants contained in Section 7, acceptance of any prize shall constitute and signify winner’s agreement and consent that the Gate Parties may non-exclusively reproduce, modify, post, publish, edit, display and/or otherwise use the winner’s name, city, state, likeness, Video, and/or prize information, in whole or in part, for promotional, marketing and/or publicity purposes, in any form, media or technology now known or later developed including but not limited to websites, social media pages, paid digital advertising, in emails, for in-store point of purchase videos, and/or at trade shows and events, without any compensation, notification, permission or other consideration, except where prohibited by law. If requested, Entrant will sign any releases and/or other documentation that may be required for Sponsor or its designees to make use of the rights Entrant is granting to use the Submission.
- Use of Submissions: Entrant accepts and acknowledges that Sponsor shall not be obligated to use the Submission or any part thereof, and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder.
- Indemnification: Entrant shall defend, indemnify, and hold harmless, Gate Labs and its respective directors, officers, employees, agents, parent, subsidiaries, licensees, and other affiliates (collectively, the “Released Parties”), from and against any and all liabilities, damages, losses, costs and expenses, including the reasonable fees of attorneys and other professional third parties (collectively, “Losses”), arising out of or resulting from any and all suits, claims, actions, proceedings, or demands (“Claims”) to the fullest extent permitted by law, including Losses and Claims based upon: (a) the negligence, recklessness or wrongful intentional acts or omissions of Entrant; (b) any breach of any representation, warranty, covenant, or agreement made by Entrant under these Official Rules; (c) any alleged infringement of the intellectual property rights, publicity rights, or privacy rights of others in connection with the Entrant’s Submission; (d) personal injury, death, or damage to or loss of property, arising out of participation in the Contest; and (e) any alleged violation by Entrant of any law, it being understood that it is solely Entrant’s responsibility to ensure that Entrant’s participation in the Contest and Entrant’s Submission is in compliance with applicable laws that apply to Entrant and to the Submission. It is understood that the intent of this provision is to absolve and protect Gate from any and all Losses caused by or connected with the Entrant’s Submission under these Official Rules.
- General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. If terminated, Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including but not limited to attorneys’ fees) from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
- Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions or votes or the tabulating of votes, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, incomplete, invalid, damaged or stolen mail; (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Contest or receipt or use or misuse of any prize; (7) misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof; and (8) any unauthorized third party use of any Submission.
- Disputes: Except where prohibited, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the courts located in San Francisco County, California; (2) any and all of Entrant’s claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) to the maximum extent permitted by law, under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, 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 the Entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to the principles of conflict of laws.
- Miscellaneous: These Official Rules constitute the sole agreement of the Entrant and Sponsor and supersedes all oral negotiations and prior writings with respect to the subject matter hereof. Entrant shall not have the right or ability to assign or transfer any rights or obligations under these Official Rules without the written consent of Gate Labs. Any attempt to do so shall be void. Gate Labs shall be free to transfer any of its rights under these Official Rules to a third party. To the extent that these Official Rules are validly assigned, it shall be binding and inure to the benefit of the Entrant and Sponsor, and their respective successors and assigns. In the event that any provision of these Official Rules is determined to be illegal or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Official Rules shall otherwise remain in full force and effect.