2020 WHY I MOVE PHOTO CONTEST PROMOTION

OFFICIAL RULES

NO PURCHASE NECESSARY. OFFER VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

1. ELIGIBILITY.  The Promotion is open to people 18 years of age or older (as of date of entry) who are legal residents of the United States and Canada, excluding Quebec. The officers, directors, and employees of Jaybird and its parent company, and their subsidiaries and affiliated companies and all advertising, promotion and judging agencies, persons engaged in the development, production or distribution of materials for this Promotion (collectively the “Promotion Parties”) and immediate family members or persons living in the same household (whether related or not) are not eligible to participate in this Promotion.
2. PROMOTION PERIOD. The Promotion begins on July 20, 2020 at 9:00:00 am MT and ends July 31, 2020 at 11:59:59 pm MT (“Promotion Period”). Entries will be accepted through the Promotion Period.
3. HOW TO ENTER. To enter, you must: upload a photo (“Photo) either through Instagram using both #whyimovejaybird and @jaybirdsport. You MUST be following all brands on Instagram to be eligible to win: @jaybirdsport (the “Promotion Brand”).

Entries become the exclusive property of Sponsor and/or its affiliates and will not be acknowledged or returned. By entering the Promotion, you grant Sponsor a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license to reproduce, distribute, display, exhibit, transmit, broadcast, televise, digitize, and otherwise use the Photo in any manner, form, or format  now or hereinafter created, including on the Internet, and for any purpose, including, but not limited to, advertising or promotion of Sponsor and its goods or services, and to use your name, likeness, and photograph in connection therewith, all without further consent from or payment to you. You further acknowledge that notwithstanding the foregoing sentence, Sponsor has no obligation to use your Photo in any manner or for any purpose.

REPRESENTATIONS. By participating in the Promotion, you warrant and  represent that: (a) the Photo is your original work, and you are the sole and exclusive owner of all intellectual property rights in and to the Photo; (b) use of the Photo as described in these Official Rules will not infringe the intellectual property or other rights of any third party, or violate any federal, state, or local laws or ordinances; (c) the Photo is not obscene or libelous, and does not contain anything defamatory or derogatory; (d) the Photo does not contain any virus, spyware, malware, trap door, worm, or any other device, mechanism or code that is injurious or damaging to software or hardware used in conjunction with the Promotion; and (e) you have the right to grant the license in Section 3 above. Entries not satisfying these criteria in any respect will be disqualified and removed from the Promotion.

4. SELECTION OF WINNERS. One (1) winner (the “Winner) will be selected by a panel of judges designated by Sponsor from among all eligible entries received during the Promotion Period based on the following judging criteria: (a) creativity and originality (50%); and (c) evoking the Jaybird brand (50%). Odds of winning a prize depend on the number of eligible entries received. Judging period deadline is August 5th. 
5. NOTIFICATION OF WINNERS: Winner(s) will be notified by Jaybird (or its designated agency) via the email provided on the entry form, and must respond within a 36-hour time period from the date and time stamp the message was sent by Jaybird (or its designated agency), with requested shipping and sizing information. If the Winner’s response is not received by Jaybird by the deadline, the prize will be deemed undeliverable and will result in forfeiture. In such case, Jaybird will award the prize to the second place. Winner(s) may be required to sign and return an Affidavit of Eligibility, Liability Waiver and Publicity Release. Prize will be awarded within thirty days after the winner(s) have been verified.

6.PRIZES. Winner(s) will be eligible to receive the prize(s) listed below:

1st Place: 

A Pair of Planetary Green Vista Headphones

(Approx Retail Value: $179.99)

7. PRIZE RESTRICTIONS: Prizes are not transferable or refundable, must be accepted as awarded and cannot be resold for profit. No cash equivalent or alternative product or prize will be made available; provided, however, that Jaybird reserves the right to, without any prior notice and at any time, replace with a similar product or the latest release of a product of the same category. Federal, state and local taxes are the responsibility of the Winner(s). If required by law, Jaybird will issue a IRS Form 1099-MISC to each Winner for the value of prizes.
8. BINDING EFFECT. By submitting your entry, you agree to be bound by these Official Rules, and understand that failure to comply with these Official Rules may result in disqualification.  All federal, state and local laws apply.
9. GENERAL CONDITIONS OF PARTICIPATION. Jaybird’s decisions are final on all matters related to this Promotion. Jaybird and the Promotion Parties are not responsible for incomplete, lost, late, delayed or garbled entries, applications, or emails, incorrect or inaccurate capture of entry information, including but not limited to technical malfunctions, human or technical error, omission, interruption, deletion, defect or failures of any telephone or computer line or network, computer equipment, or any combination thereof. All applications submitted become the property of Jaybird. Jaybird reserves the right, without prior notice, to terminate this Promotion, in whole or in part, or modify this Promotion in any way, and for any reason, including without limitation, if Jaybird determines in its sole discretion, that fraud, technical failures or any other factor beyond Jaybird’s reasonable control impairs the integrity of the Promotion. Jaybird reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the application or voting process or to be acting in violation of these Official Rules. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion is a violation of criminal and civil law, and should such an attempt be made, Jaybird reserves the right to seek damages from any such person to the fullest extent permitted by law. Jaybird’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. By participating in this Promotion, you release and agree to hold harmless Jaybird and the Promotion Parties from any and all liability with respect to acceptance, possession or use (misuse), or failure to use any matters arising out of or relating to this Promotion or any prize.
10. PUBLICITY RELEASE. Except where prohibited by law, acceptance of a prize shall constitute the Winner’s agreement with Jaybird may to use the Winner’s name, address, voice, likeness and prize information for promotional purposes without further payment or compensation, unless prohibited by law.
11. PRIVACY; DATA COLLECTION. Information provided by you for this Promotion is subject to Jaybird’s privacy policy located at https://www.jaybirdsport.com/en-us/privacy-legal.html.  By entering this Promotion you agree to receive email communication from Jaybird and the Promotion Brands (you may unsubscribe from email communications at any time).
12. SPONSOR. The Promotion is sponsored by Logitech Inc. (“Jaybird”) with North America headquarter offices at 7700 Gateway Dr, Newark California 94560.
13. LIST OF WINNERS. Winner(s) may be announced on Jaybird social media outlets.  You may also receive a list of Winners by sending a self-addressed, stamped envelope to Jaybird, Attn: Jaybird Giveaways, 2700 Rasmussen Road, Park City, Utah 84098, not later than 60 days from the end of the Promotion Period.  Residents of Vermont may omit return postage,
14. DISCLAIMER AND LIMIT OF LIABILITY.  JAYBIRD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY PRIZE OR YOUR PARTICIPATION IN THE PROMOTION.  BY PARTICIPATING IN THE PROMOTION, EACH PARTICIPANT AGREES TO RELEASE AND HOLD JAYBIRD, THE PROMOTION PARTIES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, AND REPRESENTATIVES HARMLESS FROM ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS AND ACTIONS OF ANY KIND IN CONNECTION WITH THE PROMOTION OR RESULTING FROM ACCEPTANCE, POSSESSION, OR USE OF ANY PRIZE, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, DEATH, AND PROPERTY DAMAGE, AND CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, OR INVASION OF PRIVACY.
15. NO ENDORSEMENT BY THIRD PARTIES.  THIS PROMOTION IS NOT SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK, INSTAGRAM, OR TWITTER. YOU UNDERSTAND THAT YOU ARE PROVIDING YOUR INFORMATION TO JAYBIRD AND NOT TO FACEBOOK, INSTAGRAM, OR TWITTER.
16. DISPUTES. and exclusively through final and binding arbitration conducted under the Consumer Arbitration Rules (“Rules”) of the American Arbitration Association, except that any dispute that would otherwise fall under the jurisdiction of a small claims court may, at the option of one of the parties, be brought in a small claims court of competent jurisdiction prior to the appointment of an arbitrator; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion but in no event attorneys’ fees; and (c) under no circumstances will registrant be permitted to obtain awards for, and registrant hereby waives all rights to, claim 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. The arbitration shall be conducted by a single arbitrator selected by mutual agreement of the parties or under the selection process set forth in the Rules. The costs of the arbitration shall be apportioned between the parties as set forth in the Rules. The arbitrator’s award shall be final and binding on the parties without right of appeal. YOU MUST CONTACT JAYBIRD WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS THAT GIVE RISE TO A CLAIM, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT OR FACTS. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and Jaybird in connection with the promotion, shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to any choice of law or conflict of law rules.