Love Wins – Official Rules

LOVE WINS “YOUR PICTURE ON THE SMIRNOFF NO. 21 BOTTLE” CONTEST OFFICIAL RULES NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. MUST BE A LEGAL RESIDENT OF THE UNITED STATES AND 25 YEARS OF AGE OR OLDER TO PARTICIPATE (REGARDLESS OF WHETHER YOU ACTUALLY SUBMIT THE ENTRY ON BEHALF OF A COUPLE). VOID WHERE PROHIBITED OR RESTRICTED BY LAW. 1. CONTEST PERIOD: The Love Wins “Your Picture On The SMIRNOFF No. 21 Bottle” Contest begins at 12:01 a.m. Eastern Time (ET) on May 8, 2017 and ends at 11:59:59 p.m. ET on September 30, 2017. 2. TO ENTER: During the Contest Period, go to www.smirnoff.com/lovewins (“Contest Website”). Following the instructions on the Contest Website, complete the entry form with the following information for both yourself and your partner: name, residential address, e-mail address, phone number and date of birth. On the entry form, tell us your “love story” in 100 words or less (e.g., where, how and when you met**). Then, upload no more than two (2) different photos of you and your partner to the entry form. All photos must be recent and have been taken within the past year. Do NOT submit the same photo more than once. No alterations or forged entries are permitted. There is a limit of one (1) entry per couple; accordingly, only one (1) member of a couple may enter that couple in the Contest. **NOTE: Do not include private or personal information as part of your “love story” or photos because, if you are confirmed as a winner, the “love story” and/or photos may be featured on a limited edition “Love Wins” bottle of SMIRNOFF No. 21 vodka and therefore publicly available. See Rule 4 below for additional information. For every eligible entry received during the Contest Period, Sponsor will donate one dollar ($1) to Human Rights Campaign, Inc./the Human Rights Campaign Foundation, Inc., 1640 Rhode Island Avenue NW, Washington, DC 20036. Maximum donation: $10,000. This donation is in addition to monies donated by Sponsor to the Human Rights Campaign, Inc./the Human Rights Campaign Foundation, Inc., for making the limited edition “Love Wins” bottles of SMIRNOFF No. 21 vodka.  (No endorsement of SMIRNOFF vodka by the Human Rights Campaign, Inc./the Human Rights Campaign Foundation, Inc.,  is intended or implied by Sponsor making the aforementioned donations.) 3. Additional Restrictions on Entry: IT IS THE SOLE RESPONSIBILITY OF THE MEMBER OF THE COUPLE SUBMITTING THE ENTRY TO SHARE THE PHOTOS AND “LOVE STORY” COMPRISING THE ENTRY WITH HIS/HER PARTNER AND TO SECURE THE WRITTEN CONSENT OF HIS/HER PARTNER PRIOR TO SUBMISSION OF THE ENTRY; AND, SPONSOR RESERVES THE RIGHT TO CONDITION AWARD OF PRIZE TO A POTENTIALLY WINNING COUPLE UPON MEMBER OF COUPLE WHO SUBMITTED THE ENTRY FURNISHING MATERIALS ESTABLISHING TO SPONSOR’S SATISFACTION IN ITS SOLE DISCRETION THAT HIS/HER PARTNER HAS GRANTED ALL SUCH RIGHTS TO THE “OTHER” MEMBER OF THE COUPLE. Photos (a) must comply with the technical requirements on the Contest Website and (b) may have been taken by the member of the couple submitting the entry or the “other” member of the couple (but, if photo[s] was/were taken by third party photographer[s], the written permission of the photographer[s] must be obtained PRIOR TO submission of the Contest entry and Sponsor may condition prize award upon couple establishing to Sponsor’s satisfaction in its sole discretion that the photographer[s] has/have granted such permission.) By submitting an entry (or consenting to allow their partner to enter them in the Contest as part of a couple), member of couple agrees that the entry conforms to these Official Rules and that Sponsor, in its sole discretion, may declare the entry void and disqualify the entry if it believes that the entry fails to conform, for any reason it deems appropriate in Sponsor’s sole discretion, to these Official Rules. Sponsor is not responsible for technical difficulties, telephone or cell phone service disruptions or other equipment or service issues which might affect the ability of a website (or mobile website) visitor to enter on-line; or the ability of the Sponsor to notify the member of a winning couple who submitted the entry on behalf of that couple. Sponsor assumes no responsibility for lost, late, damaged, misdirected, illegible, incomplete, incorrect entries or other Contest materials, all of which are void. Facsimiles or mechanical reproductions will not be accepted. All entries become the property of Sponsor and will not be returned. 4. Prize: (100) Grand Prizes will be awarded. A Grand Prize-winning couple and perhaps their “love story” (in whole or in part; and, as edited/modified by Sponsor without approval or notice to either member of couple) will be featured on a limited edition “Love Wins” bottle of SMIRNOFF No. 21 vodka (“Bottle”), projected to be available for retail sale in May, 2018. (Actual date of sale depends on a variety of factors relating to production, marking and distribution of product and will likely vary somewhat by region/market.) For the avoidance of doubt, a single Bottle may include one or more Grand Prize-winning couples, in the sole discretion of Sponsor. Prize has no retail value. The award of the prize does NOT constitute an offer of employment by Sponsor to members of any winning couple. As between Sponsor, on the one hand, and any Grand Prize-winning couple, on the other hand, Sponsor shall own any and all rights to the final version of the labeling and artwork of the Bottle (and all earlier draft versions of same). By way of elaboration, Sponsor shall control any and all aspects of the production, distribution, marketing, advertising and sale of the Bottle, with Grand Prize-winning couple not receiving any royalty or other compensation in conjunction therewith. Without limiting the foregoing, Sponsor makes no representation or warranty that the availability of the Bottle will be similar in geographic scope (or otherwise) to the availability of the 2017 or any previous year/iteration of limited edition bottles of SMIRNOFF No. 21 vodka. Sponsor makes no representation or warranty that the Bottle will be produced in any quantity or distributed in any manner (but, the Grand Prize-winning couple will receive two (2) copies of the final printed version of the labeling/artwork of the Bottle as a keepsake). Both members of each Grand Prize-winning couple each further (a) waive any “Moral Right of Authors” (Droit Moral) or other natural rights of any kind that they may have in the labeling and artwork of the Bottle; (b) agree, upon Sponsor’s request and without compensation, to sign any and all necessary and appropriate documents so as to effect, perfect or record the preceding grant of ownership rights in the labeling and artwork of the Bottle, to cooperate fully upon Sponsor’s request in the production of the labeling and artwork of the Bottle, including in conjunction with Sponsor securing any necessary approvals from federal, state or other applicable authorities as to the labeling and artwork of the Bottle; and (c) that neither member of a winning couple shall have any right of review or approval of the labeling and artwork of the Bottle (including but not limited to the other winning couple[s] that may also be included on the Bottle). Members of any Grand-Prize winning couple understand and agree that they are endorsing Sponsor’s SMIRNOFF No. 21 vodka product. As endorsers, members of each Grand-Prize winning couple agree periodically and upon Sponsor’s request (and without compensation of any kind), to advise Sponsor as to their current opinion of its SMIRNOFF No. 21 vodka product. 5. Winner Determination: Winning couples will be selected from among all eligible entries received. Winning couples will be selected by a judging panel comprised of representatives of the Sponsor and perhaps an independent judging agency, whose decisions will be final in all matters relating to this contest. The winning entries will be selected based on the overall appeal of the couple in the photos and “love story,” including but not limited to their suitability for inclusion on the label of SMIRNOFF vodka; degree of chemistry between members of the couple evinced by the photos of couple and their “love story”; the extent to which the couple is aligned with the brand positioning and underlying values of SMIRNOFF vodka. In evaluating entries, the judging panel reserves the right (but is in no way required to) supplement their review of entries with a live interview with one or both members of couple(s), to be conducted via phone or otherwise at a mutually convenient time. The member of each winning couple who submitted the entry will be notified by phone and/or e-mail on or about October 26, 2017. Each member of each winning couple will be required to sign an affidavit of eligibility, a liability release, a photography release, a model release, and a publicity release (where lawful); and, if third party photographer(s) took the photo(s) of a winning couple, such photographer(s) must sign a liability release and grant of rights in the photo[s] (where lawful). All such documents must be returned within five (5) days of notification or prize will be forfeited and may be awarded to another winner at sponsor’s sole discretion. If winner cannot be located or does not respond to attempt to be notified within three (3) days, prize will automatically be forfeited and an alternate winner may be selected at sponsor’s sole discretion. Except where prohibited, acceptance of prize constitutes consent of each member of winning couple to use of their name, likeness and biographical data for advertising and promotional purposes without compensation. Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the promotion without notice or further obligation. 6. Entries: All materials, documents, information and data submitted to the Sponsor in connection with this Contest, including the Contest entry and submission (“Contest entry”) are the property of Sponsor and will not be returned and cannot be acknowledged. By entering the Contest (or consenting to allow their partner to enter them in the Contest as part of a couple), member of couple represents and warrants (and agrees to confirm in writing upon Sponsor’s request and without compensation) that their Contest entry is their sole, original work (or, alternatively, with regard to photo[s], that they have secured all necessary and appropriate rights from third party photographer[s] to exploit the photo[s] for purposes of entering this Contest) and that it does not infringe upon the rights of any other party, including but not limited to any intellectual property, trade secret or other proprietary rights of any other party (again, including but not limited to third party photographer[s]). By submitting a Contest entry, member of couple doing so further represents and warrants (and agrees to confirm in writing upon Sponsor’s request and without compensation) that any person(s) depicted or referenced therein (including but not limited to “other” member of couple depicted in photo[s] and referenced in “love story”; the partner of the person submitting the entry) has given his or her express written consent to the use as contemplated by these Official Rules and that he/she has obtained written permission for such use from any such person. As stated above, Sponsor reserves the right to condition award of the prize upon member of couple submitting the Contest entry furnishing satisfactory proof of securing the written consent of the other member of couple (his/her partner) as to Contest entry as well as from any third party photographer(s), as applicable. By submitting an entry (or consenting to allow their partner to enter them in the Contest as part of a couple), member of couple grants Sponsor the right to use, publish, adapt, edit and/or modify Contest entry in any way, in whole or in part, and to use such Contest entry, and any ideas or concepts contained therein, in commerce and in any and all media now known or hereafter discovered, worldwide, including but not limited to the SMIRNOFF website, without limitation or compensation to them and without right of notice, review or approval of any such use of the Contest entry. Submission of an entry (or consenting to allow their partner to enter them in the Contest as part of a couple) also constitutes one’s agreement to use their best efforts to assist Sponsor in securing a similar grant of rights from third party photographer(s) relative to use of photo(s) comprising their Contest Entry, as applicable. Submission of a Contest entry (or consenting to allow their partner to enter them in the Contest as part of a couple) further constitutes the consent of each member of the couple to irrevocably assign and transfer to the Sponsor any and all rights, title and interest in and to the Contest entry, including but not limited to all intellectual property rights and proprietary rights worldwide and to sign any and all documents that Sponsor may require so as to perfect, record or effect such assignment/transfer, all without compensation of any kind. (The preceding is subject only to any rights retained by third party photographer[s] in photo[s], as applicable.) Any content, material or information included in Contest entry shall not be confidential, proprietary or trade secret. By submitting a Contest entry (or consenting to allow their partner to enter them in the Contest as part of a couple) member of couple consents to Sponsor’s use, reproduction and disclosure of the Contest entry, and ideas, concepts or other materials contained therein, for any purpose, including any commercial purpose. Any Contest entry that contains third party artistic works, copyrights, trademarks, trade names, logos or similar brand identifying marks, trade secrets or other proprietary rights will not constitute a valid Contest entry (except to the extent that member of couple submitting entry has secured necessary and appropriate rights from third party photographer[s] to exploit the photo[s] for purposes of entering this Contest). For the avoidance of doubt, the preceding applies whether or not a Contest Entry has been selected as a prize winner as set forth above. By submitting an entry (or consenting to allow their partner to enter them in the Contest as part of a couple), member of couple represents and warrants that (and agrees to confirm in writing upon Sponsor’s request and without compensation): (i) his/her photos are his/her sole and original creation (except to the extent that member of couple submitting entry has necessary and appropriate rights from any third party photographer[s] to exploit the photo[s] for purposes of entering this Contest) and has not been copied in whole or in part from any other work; (ii) the entry does not violate or infringe any copyright, trademark, trade name, trade secret or other proprietary right of any person or entity, including from third party photographer(s); and (iii) the person(s) depicted in the photo(s) and referenced in the “love story” (including but not limited to the members of couple) has given his or her express written consent to its submission into the contest and use as contemplated by these Official Rules and by submitting any photo(s) or the “love story” that contain the name, image, signature, statements, likeness of (or other reference to) any person, member of couple submitting entry hereby represents and warrants that he/she has obtained such written permission. Submission of a Contest entry grants Sponsor the right to use, publish, adapt, edit and/or modify entry in any way, in whole or in part, and to use such entry in commerce and in any and all media now known or hereafter discovered, worldwide, including but not limited to Sponsor’s SMIRNOFF website, without limitation or compensation to either member of couple and without right of notice, review or approval of any such use of the entry. For the avoidance of doubt, the preceding applies whether or not a Contest Entry has been selected as a prize winner as set forth above. Photos containing full or partial nudity, defined as the display of the genitals, pubic area, anus, or anal cleft with less than a fully opaque covering, or any lewd or sexually suggestive gesture will be disqualified. No Entry (photo[s] or accompanying “love story”) shall (a) depict or reference persons consuming alcoholic beverages (b) depict or reference persons conducting themselves in an inappropriate manner (c) contain material that would imply that the consumption of alcoholic beverages is acceptable before or while operating machinery, driving a vehicle or undertaking any other activity that requires a high degree of alertness or physical coordination, (d) contain any material that would degrade or demean the human form, image or status of women, men or the members of any group based on race, religion, ethnic background, sexual orientation or any other minority status, or (e) depict any person who is under 21 years of age (but, both members of couple must be 25 years of age or older). Obscene, provocative, lewd or otherwise objectionable content or content which reflects poorly on the SMIRNOFF brand will not be considered and the determination of the appropriateness of any photo[s]/”love story”/entry submitted is at the sole discretion of the Sponsor and/or Judges. 7. Eligibility: This Contest is open only to legal residents of the United States who are 25 years of age or older at the time of entry. Void where prohibited or restricted by law. Employees of the following entities and members of their families or households are not eligible for participation under any circumstances: Diageo Americas, Inc., the Human Rights Campaign,  Inc./the Human Rights Campaign Foundation, Inc.,  and (as applicable) their respective affiliates, printers, advertising and promotion agencies, alcohol beverage suppliers, importers, wholesalers, distributors or retailers. All federal, state and local laws apply. 8. General Conditions: Participation in the Contest (by either member of a couple; regardless of whether a member of a couple actually submitted the entry him/herself) constitutes an individual’s full and unconditional agreement to abide by and accept the terms and conditions of these Official Rules. No prize substitution. Prize is non-transferable. By accepting the prize, each member of winning couple waives the right to assert as a cost of winning said prize, any and all costs of redemption or travel to redeem said prize and any and all liability that might arise from redeeming or seeking to redeem said prize. Sponsor reserves the right to conduct a background check of any criminal records of one or both members of any winning couple. To the extent necessary and permitted by law, each member of any winning couple shall authorize this background check. Sponsor reserves the right, at its sole discretion, to disqualify a winning couple based on the background check of either member of couple. Each member of any winning couple also accepts sole responsibility for any miscellaneous costs relating to acceptance of prize. Persons participating in the Contest (either member of a couple; regardless of whether a member of a couple actually submitted the entry him/herself) hereby agree to indemnify and hold Sponsor, the Human Rights Campaign, Inc./the Human Rights Campaign Foundation, Inc., Facebook and Instagram harmless from and against any third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses, including attorney fees and court costs, arising out of any breach or alleged breach of any of the warranties and representations set forth above. Members of winning couple are solely responsible for any and all fees associated with the prize. Upon receipt of the prize, the winning couple shall be required to comply with any and all applicable federal, state and local law, rules and regulations. In consideration of his/her receipt of any prize, each member of winning couple for himself or herself and his or her guests, heirs, personal representatives and assigns shall voluntarily and knowingly completely and forever release, waive and discharge Sponsor and all related parties, the Human Rights Campaign, Inc./the Human Rights Campaign Foundation, Inc., as well as Facebook and Instagram, from and against any and every kind of claim, demand, injury, costs, attorney fees, right, liability or cause of action or other liabilities of whatever kind or nature, known or unknown, absolute or contingent, and whether or not fixed, which the prize winner ever had, now has or might in the future have arising in any way or related to this Contest, including, but not limited to, prize winning couple’s participation in the Contest; the Contest entry; use of the name, likeness, biographical information, signature, image or likeness of members of prize winning couple; prize winning couple’s receipt, use or inability to use any prize or part thereof, including but not limited to injury or loss sustained in any travel related to the prize; financial claims; physical and/or emotional injury; and/or any other legal claim that may arise, whether under contract, tort, warranty or any other theory or claim. Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the promotion at any time without notice or further obligation. 9. ELECTRONIC ENTRIES: In the event of a dispute, on-line entries (including entries made on mobile website*) will be deemed made by the authorized account holder of the e-mail address submitted at time of entry. The authorized account holder is the natural person who is assigned to the e-mail address by an internet access provider, on-line service, or other organization that is responsible for assigning e-mail addresses. Sponsor and its agencies are not responsible for lost, late, damaged, illegible, misdirected, incomplete entries, or for on-line entries (including entries made on mobile website) not received due to lost, failed, delayed or interrupted connections or miscommunications, or to other electronic malfunctions, delays, or errors of any kind in the transmission or receipt of on-line entries. Sponsor is not responsible for incorrect or inaccurate entry information, whether caused by website visitors or by any human or technological error that may occur in the processing of on-line entries (including entries made on mobile website) in this Contest. Sponsor reserves the right, in its sole discretion, to cancel or suspend all or a portion of the Contest, should viruses, bugs or other causes beyond control of the Sponsor corrupt the administration, security or proper operation of the Contest. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY WEBSITE (INCLUDING MOBILE WEBSITE) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. *If participating via mobile website, wireless Internet access and/or other fees may apply. Please consult your wireless service provider regarding your pricing plan. Not all cellular phone providers carry necessary service to enter via mobile website. Wireless Internet access is not available in all areas. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. Sponsor: Diageo Americas, Inc., Norwalk, CT SMIRNOFF No. 21 Vodka Distilled From Grain. 40% Alc/Vol. The Smirnoff Co., Norwalk, CT Please Drink Responsibly