Prudential T-Shirt Design Contest

VOTE NOW ON FACEBOOK: Facebook.com/newyorkredbulls

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.

EXCEPT FOR THE MARKS OF THE SPONSOR (ADDRESSED BELOW), ENTRY MUST NOT CONTAIN ANY THIRD-PARTY TRADEMARKS, LOGOS, TRADE DRESS OR PROMOTION OF ANY BRAND, PRODUCT, OR SERVICE.

ELIGIBILITY: The New York Red Bulls T-shirt Contest, presented by Prudential (“Contest”) begins on June 19, 2016 at 12:01 a.m. Eastern Time (“ET”) and ends on July 18, 2016 at 11:59 p.m. ET (“Promotion Period”). The time shall be determined by Sponsor’s timekeeping systems. Sponsor shall have the sole discretion in determining the timeliness of any action or inaction related to this Contest. All times mentioned in these Official Rules are in Eastern Time, unless expressly noted otherwise.

This Contest is open only to legal United States residents who live within a seventy-five (75) mile radius from Red Bull Arena located at 600 Cape May Street, Harrison, New Jersey 07029 (the “Territory”), who are the legal age of majority in the jurisdiction in which they reside (and at least eighteen (18) years old) at the time of entry. Void where prohibited. Employees, agents, officers, and directors (including members of their immediate family – i.e., spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren – or those living in the same household) of Red Bull New York, Inc. (“Sponsor”), Red Bull Arena, Inc., Major League Soccer, L.L.C. (“MLS”), Soccer United Marketing, L.L.C. (“SUM”), and The Prudential Insurance Company of America (“Presenter”), and each of their parent companies, subsidiaries, affiliates, advertising agencies, public relations agencies, prize suppliers, including any vendors providing services in connection with this Contest (collectively, the “Contest Entities”) are not eligible to participate in the Contest. Contest is subject to all applicable federal, state, and local laws.

TO ENTER: To enter this Contest, complete the following steps between Saturday, June 19, 2016 at 12:01 a.m. ET and Monday, July 18, 2016 at 11:59 p.m. ET (the “Entry Period”):

1.     Create an original t-shirt (your “Design”) with a design that incorporates the New York Red Bulls passion and spirit (the “Theme”) and complies with all of the T-Shirt Design Requirements and the Required Representations and Warranties below; and

2.     Submit a file including your Design via email to www.newyorkredbulls.com/prudential.

T-Shirt Design Requirements. All Designs submitted for consideration in this Contest must meet the following criteria:

·       The base t-shirt must be red.

·       Must be submitted in one of the following file formats: pdf or jpg.

·       The file containing the Design must be no more than 15 MB in size.

Upon completing the steps listed above, you will receive one (1) entry into the Contest. Limit one (1) entry per person in this Contest. Sponsor is not responsible for lost, late, misdirected entries or entries not received regardless of cause. In the event of a dispute over who submitted an entry, the entry will be deemed to have been directly submitted by the “Authorized Account Holder” of the email account used to enter the Contest. The Authorized Account Holder is deemed to be the natural person who is assigned to the account by the relevant entity responsible for assigning those accounts. By entering and/or participating, entrants agree to be bound by these Official Rules and Sponsor’s Privacy Policy as set forth in these Official Rules.

In the planning, creation, and distribution of your entry (including, without limitation, the Design), you warrant and represent that you will abide by all laws, regulations, and ordinances and that you will not harm, attempt to harm, or threaten to harm any person (including yourself) or property. You further warrant and represent that you will take the highest level of care in planning, creating, and distributing your entry.

Each entry must meet all of the Required Representations and Warranties set forth below to the fullest extent applicable for that entry. Failure to complete any step outlined in, or to follow any of, the Official Rules may result in your disqualification.

REQUIRED REPRESENTATIONS AND WARRANTIES: By participating in this Contest, you represent and warrant that your entry (including, without limitation, the Design) complies with the following criteria as applicable (collectively, the “Required Representations and Warranties”):

(i)             Your entry must be your own original work or you must own all the rights, title, and interests necessary to post or re-post the content. Your entry must not contain any material that would violate or infringe upon the rights of any person or entity, including without limitation, copyrights, trademarks or rights of privacy or publicity, or that is defamatory, threatening, indecent, obscene or offensive, or that is unlawful, in violation of or contrary to any applicable laws or regulations, or which requires a license from any third party. The Design must be created solely by the entrant and never previously displayed or published. It must not be copied from, altered from, or be similar in appearance to any other art, photo, ad or published material. Modification of an existing design does not count as original;

(ii)           You must have the express written consent of any identifiable persons appearing or referenced in your entry to their Persona (as defined below) being used in the ways set out in these Official Rules, including Sponsor’s right to use your entry for any future commercial purpose without restrictions. Upon request, you will obtain written consent of any such persons for Sponsor in the form identified by Sponsor. If any person appearing in an entry is under the age of majority in his/her jurisdiction of residence, the written consent and signature of a parent or legal guardian is required;

(iii)          Except for the marks of the Sponsor (addressed below), the entry and Design must not contain or reference any names, products or services of any company or entity or any third party copyrights, trademarks, logos, trade dress or promotion of any brand, product, or service. Sponsor grants to you the limited permission to display its marks including, but not limited to the RED BULL NEW YORK mark and/or RED BULL NEW YORK Logo and product images in your entry and image solely for purposes of entering this Contest and subject to these Official Rules;

(iv)          Each entry must be appropriate for public viewing. Without limiting the foregoing, each entry must not be lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, violate any laws or otherwise contain content which Sponsor in its sole discretion decides is inappropriate or objectionable;

(v)           Your entry must also not disparage or cast a negative light on any person, entity, or brand, product, or service; 

(vi)          Your entry does not promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); and does not promote any activities that may appear unsafe or dangerous or promote any particular political agenda;

(vii)        You entry does not contain look-alikes of celebrities or their public figures or private figures, living or dead;

(viii)       You entry does not communicate a message or image inconsistent with the positive images and/or goodwill to which Sponsor associates with;

(ix)          Your entry will not duplicate or appear to duplicate any other entry; and

(x)           Your entry does not violate any law, rule or regulation.

Sponsor reserves the right in its sole discretion to not consider any entry for the Contest if it believes the entry violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these Official Rules. You agree to reimburse Sponsor and Contest Entities in full in respect of any losses, damages, and expenses, including reasonable attorney fees that they may sustain from the breach of a representation or warranty made by you or the use of any rights granted by you to Sponsor and Contest Entities hereunder. By entering, you warrant that your entry complies with the requirements set out above including those at (i)-(x) above. By entering, you grant to Sponsor and Contest Entities a perpetual, irrevocable, exclusive, worldwide, royalty-free, sub-licensable, freely assignable license to reproduce your entry and any Design and to otherwise use, exploit, copy, modify, adapt, edit, publish and display the entry and/or Design in any form, manner, venue, media or technology now known or later developed for any and all purposes, including, without limitation, for purposes of trade, advertising, and promotion as Sponsor and its licensees or assignees determine, without further compensation, notification, or permission. Further, by entering, you hereby waive any moral rights you may have in any entry or entries in favor of the Sponsor and Contest Entities. By submitting any entry, you also grant to Sponsor and Contest Entities the worldwide, perpetual, irrevocable, fully sub-licensable, and freely transferable right, but not the obligation, to use any and all names, identities, titles, likenesses, distinctive appearances, physical likenesses, images, portraits, pictures, photographs (whether still or moving), screen personas, voices, vocal styles, statements, gestures, mannerisms, personalities, performance characteristics, biographical data, signatures, and any other indicia or imitations of identity or likeness listed, provided, referenced, or otherwise contained in the entry and/or image (all attributes, collectively, per person, a “Persona”) for purposes of advertising and trade, in any format, medium, or technology now known or later developed without further notice, approval, or compensation, unless prohibited by law. Entrants warrant that they have the sole and exclusive right to grant such rights to Sponsor and Contest Entities and that reproduction, publishing, displaying, and/or other use of their entries, or any portions thereof will not infringe on any rights of third parties (any person or entity), including without limitation, copyright, trademark, defamation, privacy, publicity, or other personal or proprietary right, or create claims for false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. Sponsor and Contest Entities shall have no obligation to copy, publish, display, or otherwise exploit the entry.

SEMI-FINALIST SELECTION: Throughout the Entry Period, Sponsor will review the submitted entries (including the Designs) and select twenty (20) semi-finalists (the “Semi-Finalists”). Sponsor will consider the Judging Criteria (listed below) in selecting the Semi-Finalists, but will select the Semi-Finalists in its sole discretion.

FINALIST SELECTION: After the close of the Entry Period, a panel of qualified judges selected by Sponsor (the “Panel”) in its sole and absolute discretion, will judge each Semi-Finalist based on the following equally-weighted criteria: (a) demonstration of the Theme, and (b) creativity (the “Judging Criteria”). The Panel will determine three (3) finalists (each, a “Finalist”). Each of the three (3) Finalists will receive the Finalist Prize (as defined below).

WINNER SELECTION: On or about Friday, July 22, 2016, Sponsor will post the Designs from each of the three (3) Finalists on the New York Red Bulls Facebook Page located at https://www.facebook.com/newyorkredbulls (the “Site”). From August 3rd, 2016 at 12:01AM ET through August 6 , 2016 at 11:59 p.m. ET (the “Voting Period”), Sponsor will invite members of the public to visit the Site and to vote on their favorite Design by using the “Like” functionality on Facebook (each, a “Vote”). At the close of the Voting Period, the Design with the most valid votes, as determined by Sponsor in its sole discretion, will be deemed the potential Grand Prize (as defined below) winner.

PRIZES

Finalist Prize. Each of the three (3) Finalists will, upon verification of eligibility and compliance with these Official Rules, receive two (2) tickets to the New York Red Bulls August 13, 2016 home match at Red Bull Arena in Harrison, New Jersey and will be recognized in a halftime ceremony to kick off the Voting Period of the Contest.

The Approximate Retail Value (“ARV”) of each Finalist Prize is One Hundred and Fifty United States Dollars (US$150).

Grand Prize. The one (1) Grand Prize winner will, upon verification of eligibility and compliance with these Official Rules, receive the following prize package:

·       A New York Red Bulls t-shirt signed by members of the New York Red Bulls first team as selected by Sponsor in its sole and absolute discretion;

·       Two (2) tickets to the New York Red Bulls August 28, 2016 home match at Red Bull Arena in Harrison, New Jersey; and

The ARV of the Grand Prize is Two Hundred United States Dollars (US$200).

The ARV of all prizes to be awarded in this Contest is Six Hundred Fifty United States Dollars (US$650.00). No travel or accommodations will be awarded as part of any prize in this Contest. Any difference between actual value and stated ARV will not be awarded. All prizes are awarded “AS IS.” Neither Sponsor nor Contest Entities make or offer any warranty or guarantee, either express or implied (including, without limitation, quality, merchantability and fitness for a particular purpose) in connection with this Contest or any prize. Prize details and availability are subject to change, in which case a prize of equal or greater value may be substituted at Sponsor's sole discretion. MLS game, event, and exhibition times are determined in the sole discretion of MLS and/or applicable MLS team, as applicable, and may be subject to change. Exact seat locations will be determined by Sponsor. The terms and conditions of the tickets awarded as prizes will govern in the event a game, event or exhibition, as defined by MLS, is not played due to weather, an Act of God, an act of terrorism, civil disturbance, work stoppage or any other reason. Winner and his/her guest agree to comply with all applicable stadium regulations in connection with the prize. Sponsor and the applicable Contest Entities reserve the right to remove or deny entry to winner and/or his/her guest who engage(s) in non-sportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person at the game, event or exhibition. Event tickets are subject to the terms and conditions of their respective issuer. Prize consists only of the items listed, are non-transferable, with no cash redemption or substitution except at Sponsor's sole discretion. Sponsor will determine all prize details in its sole discretion. Federal, state, or local taxes on prizes, if any, and any other costs, fees or expenses not listed above are the sole responsibility of the winner. Unless the Finalist or Grand Prize winner is the parent or legal guardian of the guest, the guest of each Finalist and the Grand Prize winner must be at least eighteen (18) years old.

NOTIFICATION: The Finalists will be notified via email after the close of the Entry Period. The potential Grand Prize winner will be notified by email after he or she has been selected as a potential winner. Potential Finalists and Grand Prize winner must respond to Sponsor’s notification message and provide all requested information within twenty-four (24) hours of the first contact or attempted contact from Sponsor or the potential prize may be forfeited, including, without limitation, submitting the winning Design in one of the following file formats: .eps., .pdf, or .ai in a file of sufficient quality to be used for producing t-shirts with the Design. To claim any prize, Sponsor may require the winner to complete, sign, and return an Affidavit of Eligibility/Liability Release/Publicity Release forms and other applicable documents (and cause the Finalist’s or the Grand Prize winner’s guest to complete similar forms), which may require a social security number and may need to be notarized, before claiming any prize. All required documents must be completed and returned to Sponsor within five (5) days of the date and time listed on the documents. At Sponsor’s discretion, winner(s) may be required to produce picture or some other form of proper identification to claim any prize. Sponsor reserves the right to substitute any prize with prize of equal or greater value. If a potential winner cannot be contacted, fails to timely claim the prize, is disqualified, fails to timely execute and return any required forms, or if the prize notification is returned as undeliverable, Sponsor may select an alternate Finalist or Grand Prize winner from among the remaining eligible entries as determined in Sponsor’s sole discretion. If, by reason of printing or other error, more prizes are claimed than the number of prizes set forth in these Official Rules, Sponsor will review the submitted entries (including the Designs) and consider the judging criteria listed above to award the advertised number of prizes in the relevant category. Under no circumstances will more than the advertised number of prizes be awarded.

To be eligible to BE DECLARED A FINALIST OR TO win the Grand Prize, the potential FINALIST AND/OR Grand Prize winner must transfer all intellectual property rights that he or she does or may have in the Design and any related materials (as determined in Sponsor’s sole discretion) including any variations of the Design TO SPONSOR. By entering this Contest the potential FINALISTS AND Grand Prize winner expressly agree to complete all paperwork required to complete this transfer before he or she will be permitted to claim any part of the FINALIST OR GRAND Prize or be declared A FINALIST OR the Grand Prize Winner.

PUBLICITY & MARKETING: Submission of an entry and/or Design in the Contest constitutes permission to the Sponsor and Presenter to use entrants’ name, identity, title, likeness, distinctive appearance, physical likeness, image, portrait, picture, photograph (whether still or moving), screen persona, voice, vocal style, statements, gesture, mannerism, personality, performance characteristic, biographical data, signature, and any other indicia or imitation of identity or likeness for purposes of advertising and trade, in any medium whether now existing or hereafter developed, without further notice, approval, or compensation, unless prohibited by law. Submission of contact information in connection with this Contest (whether or not required), including, without limitation, mailing address, phone number, and/or email address, during entry constitutes permission for Sponsor to use entrant’s personal information in a manner consistent with MLSsoccer.com’s Privacy Policy (available by visiting http://www.mlssoccer.com/privacy-policy) and Terms of Use (available by visiting http://www.mlssoccer.com/terms-service) for purposes of administration of the Contest. You understand that you are providing your information to Sponsor and not to Facebook. 

NO LIABILITY & INDEMNIFICATION: By participating in this Contest, each entrant agrees to (i) be bound by these Official Rules, including all entry requirements, (ii) waive and release any and all claims against the Sponsor, Contest Entities, Facebook, Inc., and all of their respective officers, directors, employees, agents and representatives (collectively, “Released Parties”) for any injury, damage or loss that may occur, directly or indirectly, in whole or in part, from the participation in the Contest or from the receipt or use of any prize, and (iii) indemnify the parties referenced in (ii) above from all liability, clams or actions of any kind for injuries, damages, or losses to persons or property alleged to have been sustained in connection with this Contest, including, but not limited to, those arising from (a) the taking of a photo; (b) the receipt, ownership or use of any prize awarded; (c) any travel or prize-related activity; (d) any typographical or other error in these Official Rules or any other materials disseminated by Sponsor; and (e) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with any equipment, systems, networks, lines, satellites, servers, computers, or providers used by an entrant or Sponsor.

 

Skill Contest: The Contest is a skill contest designed to increase consumer awareness of and interest in the Sponsor and MLS. This Contest may not be used for any form of gambling. In the event that the Contest is challenged by any legal or regulatory authority, Sponsor reserves the right to discontinue or modify the Contest, or to disqualify any entrants residing in the affected geographic areas. In such event, Released Parties shall have no liability to any entrants who are disqualified due to such an action.

 

OTHER TERMS: Decisions of Sponsor on all matters related to the Contest are final and binding. Sponsor, in consultation with Presenter, reserves the right to cancel or modify the Contest for any reason, including but not limited to, if fraud, misconduct or technical failures destroy the integrity of the Contest, or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper administration of the Contest as determined by Sponsor, in its sole discretion. Sponsor reserves the right to disqualify or prohibit the participation of an individual if fraud or tampering is suspected, or if the individual fails to comply with any requirement of participation or with any provision in these Official Rules. Sponsor’s failure to enforce any terms of these Official Rules shall not constitute a waiver of that provision.

 

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL & CIVIL LAWS. SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND/OR SEEK DAMAGES FROM ANY INDIVIDUAL MAKING ANY SUCH ATTEMPTS TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.

 

GOVERNING LAW: All disputes arising from or related to this Contest will be resolved under applicable U.S. laws in the County of New York, state of New York without giving effect to choice of law or conflicts of law principles (whether of the state of New York, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of New York. Sponsor’s failure to enforce any terms of these Official Rules shall not constitute a waiver of that provision.

MODIFICATIONS TO THE OFFICIAL RULES. Sponsor reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Contest.

RIGHT TO DISQUALIFY: Sponsor reserves the right to disqualify or prohibit the participation of an individual if fraud or tampering is suspected; if the individual fails to comply with any requirement of participation or with any provision in these Official Rules; if the individual’s behavior or communication at any point is disruptive, may or does cause damage or to any person, property, or reputation of Sponsor, or is otherwise not in accordance with all applicable laws and generally accepted social practices as determined in Sponsor’s sole discretion.

SEVERABILITY: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.

NO AFFILIATION WITH FACEBOOK: This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook or any other named or depicted people or entities other than Sponsor and Contest Entities. Any questions, comments or complaints regarding the Contest should be directed to Sponsor.

WINNER LIST: For a list of winners (available after August 28, 2016), mail a self-addressed stamped envelope to: NYRB T-shirt Contest, presented by Prudential - Winners’ List, Red Bull Arena, 600 Cape May Street, Harrison, NJ 07029, Attn: Taylor Holbrook. Requests must be received by August 28, 2016.  

SPONSOR: Red Bull New York, Inc., located at 600 Cape May Street, Harrison, NJ 07029.