NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED BY LAW. BY ENTERING THE CONTEST YOU AGREE TO THE FOLLOWING RULES.
Overview: The NESN Logo Design Contest (“Contest”), sponsored by New England Sports Network, LP (“Sponsor”), invites designers to create an original design for a new NESN logo. If a winning design is selected for potential adoption by NESN, the designer(s) will receive a single prize of $25,000 (twenty-five thousand dollars). By entering this Contest, or accepting a prize, you agree to comply with and be bound by these Official Contest Rules (the “Contest Rules”).
Eligibility: To be eligible, you must be (i) at least 18 years old and have reached the age of majority in your jurisdiction of residence at the time of entry and (ii) a legal resident of the fifty (50) United States and D.C. or a foreign national in the U.S. on a valid student, travel or work visa. Void where prohibited by law. Employees and their immediate family members (parents, children, siblings or spouse, regardless of where they live, or persons living in the same household, whether related or not) of Sponsor, its affiliates, divisions or subsidiaries, Sponsor’s contractors, vendors, advertising and promotion agencies, or any other entity involved in the development, production, execution, administration, judging or financial support of the Contest are not eligible. Eligibility is subject to verification. The Contest is subject to all applicable federal, state and local laws and regulations, including tax laws. Winning a prize is contingent upon fulfilling all requirements set forth herein.
Prize: NESN may, in its sole discretion, select up to one winning Design, as defined below, and award to the designer(s) a single prize of $25,000 (twenty-five thousand dollars) (the “Prize”). Prize is non-transferable, and no substitution or exchange will be permitted, except as provided herein or at Sponsor’s sole discretion. Sponsor reserves the right not to select a winner and not to award the Prize, if in Sponsor’s sole discretion, none of the Entries sufficiently meet the judging criteria. All federal, state and/or local taxes, fees, and surcharges, if any, are the sole responsibility of the prize winner.
Entry Period: December 5, 2017 at 12:00 a.m. Eastern Time (“ET”) through January 15, 2018 at 11:59 p.m. ET (“Entry Period”). Sponsor shall be the official timekeeper for the Contest. Late entries will not be considered. Entries will not be returned.
How to Enter: During the Entry Period, upload an image file of your original logo design (“Design”) in the required file format through the Contest page on Sponsor’s website www.NESN.com/logo (the “Contest Page”). Each submission (an “Entry”) must include the full name of each designer submitting the Entry (each an “Entrant”), together with a contact email address and phone number. Each Entrant agrees that communications regarding the Contest will be sent to him or her at the contact information provided in the Entry. Each Entry must comply with the Entry Requirements set forth below and the Creative Brief. Only Designs submitted through the Contest Page during the Entry Period will be considered. Multiple entries by one Entrant are permitted, whether submitted individually, as part of a group Entry, or on behalf of a company, so long as the designs are different and unique. For Entries submitted by an authorized representative or employee on behalf of a company or other legal entity, that entity must be identified and will be considered the Entrant for purposes of these Official Rules. If a submission identifies an entity, Sponsor will assume that such entity is the Entrant.
Each Entrant (individually or jointly with the other Entrants submitting a group Entry and no other persons) must be the sole and exclusive author, creator and owner of the Design being submitted, unencumbered by any license, lien, or other obligation to any third parties. Entrants must take care to ensure that their Designs do not in any way resemble existing third party logos or copyrighted images.
Entry Requirements: Designs can be created on computer and must be submitted as a vector eps file. The Design must include the letters N-E-S-N, which may be combined with a symbol. The Design must not include any other letters or numerals, any third party marks or designs, or the image of any person, living or deceased. The Design must follow the guidance of the Creative Brief.
Winner Selection and Notification: After the conclusion of the Entry Period, Sponsor will review and consider the eligible Entries. Designs will be evaluated and judged by Sponsor and a panel of judges based on factors including relevance, simplicity, distinctiveness and ability to effectively convey and embody the NESN brand image and tone. (See the Creative Brief for further guidance.) Up to one Entry may be selected to win the Prize. Sponsor reserves the right to request modifications to a potential winning Design prior to declaring a winner, if any. Decisions of Sponsor will be final and binding in all respects.
Within approximately 90 (ninety) days after the conclusion of the Entry Period, if Sponsor selects a winning Design, Sponsor will notify any Entrants associated with the winning Entry (“Winners”) via email at the email address(es) provided with their Entry or by other method chosen by Sponsor. Except where prohibited by law, each Winner may be required to complete Prize Acceptance Documentation including an affidavit of eligibility, a liability release, and a written agreement assigning all ownership, copyright and other intellectual property rights to Sponsor. If there are multiple Entrants associated with a winning Design, the Prize will be issued payable to the Entrants jointly, and it shall be the responsibility of such Entrants to share the proceeds amongst themselves. If winner notification or prize delivery is returned as undeliverable, or a potential Winner fails to return any required documents or releases within the specified time, the Prize may be forfeited and Sponsor may select another winner from the remaining eligible entries, in Sponsor’s sole discretion. Sponsor is not responsible for undeliverable Prize notifications or other communications due to a change in Winner’s email address or any other reason. If a potential Winner is disqualified for any reason, Sponsor may award the Prize to an alternate Winner from among all remaining eligible Entrants.
Prize will be delivered approximately sixty (60) to ninety (90) days after winner verification. Each Winner will be required to complete an IRS Form W-9, which requires disclosure of Winner’s social security or other tax identification number, and an IRS Form 1099 or other appropriate document reflecting the value of the Prize will be issued to the Winner as required by law.
Entrant’s Representations and Warranties: By submitting an Entry, Entrant represents and warrants that:
Without limiting any other available remedies, Sponsor reserves the right in its sole discretion to disqualify any Entry that has been posted online or fails to meet any other of these warranties from the Contest, or to rescind any Prize awarded for such an Entry.
Entrant’s Assignment of Intellectual Property Rights in Winning Design to Sponsor. By entering the Contest and accepting a Prize, each winning Entrant, if any, (a) agrees to and does hereby assign to Sponsor the Entry and all rights and potential rights therein, including but not limited to the submitted Design and all copyright and trademark rights embodied therein, worldwide (the “Assignment”); (b) agrees and acknowledges that Sponsor will be the sole owner of the Design and Sponsor will have the exclusive right to use, distribute, reproduce, adapt, modify, create derivative works of and seek copyright or trademark registration of the Design; (c) represents that Entrant has the unrestricted right to grant this Assignment; and (d) agrees to execute any and all documents necessary to legally perfect the Assignment and transfer of any and all such intellectual property rights and other rights in and to the Entry, including the Design, to Sponsor. Such documents may include but are not limited to all requisite forms and associated documents required as part of any intellectual property applications. If such Entrant has already received (or applied for) any form of registered intellectual property protection for the Design, he or she expressly agrees to assign ownership in said registration(s) or application(s) to Sponsor. Each winning Entrant, if any, further hereby waives all “moral rights (droit moral)” now or hereafter recognized in connection with Designs submitted as part of the Contest.
Sponsor reserves the right to modify, adapt and use the winning Design, if any, as and to the extent, and in such manner and for such purposes, that Sponsor, in its sole discretion, deems appropriate to meet Sponsor’s needs. Sponsor reserves the right not to ultimately adopt or use the winning Design, if any, in its sole discretion.
The prize winner, if any, is only entitled to receive the Prize, and will not receive any further compensation of any kind relating to the Design. All other entries and Entrants are not entitled to any compensation whatsoever.
General: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part thereof, or to modify these Contest Rules, at any time, including if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control threatens to impair the administration, integrity, legality, fairness or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any Entrant, or rescind any Prize awarded to an Entrant, who is suspected or found to be tampering with the entry or judging process or the proper administration of the Contest or to be acting in violation of these Contest Rules or any law. Entrant agrees to defend and indemnify Sponsor for any claims, losses, or damages of any kind that may be caused by Entrant’s violation of these Contest Rules or breach of any of Entrant’s Warranties. Incorrect, illegible, corrupt, non-functioning and incomplete Entries are void. Use of a false email or identity will disqualify an Entry. For purposes of awarding any Prize, Sponsor is entitled to rely on information received through the Entry that submitted the winning Design. By participating, each Entrant agrees to comply with, and be bound by, these Contest Rules and the decisions of Sponsor (including but not limited to eligibility and winner determinations) and waives any right to claim ambiguity in the Contest or Contest Rules. Sponsor’s failure to enforce any term of these Rules shall not constitute a waiver of that or any other provision.
Publicity Release. By submitting an Entry, each Entrant grants a non-exclusive, irrevocable, royalty-free right and license to Sponsor and its affiliates, parents, subsidiaries, successors, assigns, agents, employees, officers, directors and licensees (“Licensed Parties”), for the purposes of conducting and administering the Contest to store, process, use, publicly display, exhibit and publish Entrant’s name, image, likeness, Design, statements and biographical information, in connection with promoting and implementing the Contest, the Design, or future contests of a similar nature, in any media or format now known or hereafter invented, in any and all locations worldwide, without any payment to or further approval from Entrant.
General Disclaimer: To the fullest extent permitted by law, neither Sponsor nor the Licensed Parties is responsible for: (1) any incorrect or inaccurate information, whether caused by Entrant, Sponsor, any Licensed Party, or any printing or typographical errors or 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 entry or judging process or the Contest; (4) technical or human error in the administration of the Contest or the processing or review of Entries; (5) late, lost or undeliverable messages or Entries; or (6) any injury or damage to persons or property caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Contest or any Contest-related activity, or the receipt, use or misuse of any Prize.
Limitations of Liability, Indemnification and Release: To the fullest extent permitted by law, by entering the Contest or accepting a Prize, each Entrant agrees to release, discharge, indemnify, defend and hold harmless Sponsor, Licensed Parties and others assisting or participating in the implementation or promotion of the Contest, including the judges, from and against any claims, damages, liabilities, losses or causes of action resulting, in whole or in part, directly or indirectly, from Entrant’s participation in the Contest or any Contest-related activity, or the receipt, use or misuse of any Prize. Under no circumstances will any Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim punitive, incidental, consequential, or any other damages, court costs, or attorney’s fees, other than actual out-of-pocket expense not to exceed fifty dollars ($50). If for any reason an Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another Entry in the Contest if available.
Disputes: To the fullest extent permitted by law, by entering the Contest, each Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with the Contest or a prize shall be resolved individually, without resort to any form of class action, and exclusively by the state or federal courts located in Massachusetts; (2) under no circumstances will any Entrant be permitted to obtain awards for, and each Entrant hereby waives all rights to claim punitive, incidental, consequential, or any other damages, court costs, or attorney’s fees, other than actual out-of-pocket expense not to exceed fifty dollars ($50.00); and (3) any and all claims, judgments, and awards shall be limited to such actual out-of-pocket costs incurred, including costs associated with entering the Contest, not to exceed fifty dollars ($50.00). Entrant expressly waives any right to claim or recover attorney’s fees or court costs. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Contest Rules, or the rights and obligations of any Entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts, without giving effect to any choice of law or conflict of law rules which would cause the application of the laws of any jurisdiction other than the Commonwealth of Massachusetts.
Trademarks. NESN, the NESN logo, NEW ENGLAND SPORTS NETWORK and other marks are protected trademarks of Sponsor and/or its affiliates. All referenced company names and trademarks are registered and unregistered trademarks or copyrights of their respective owners.
By submitting an Entry, each Entrant agrees that no part of his or her Entry, including the Design, includes any information or ideas deemed by you or by any third party to whom you owe a duty of non-disclosure, as confidential. By submitting an Entry, Entrant grants to the Sponsor the right to review and use the Entry as it sees fit, including to share it with third party judges and service providers assisting with the Contest and to describe, display, and feature the Entry, or any part thereof, including Entrant’s name, state/town, and biographical information, on Sponsor’s or its affiliates’ websites and in other media or promotional materials in connection with the Contest or future contests. Sponsor shall have no duty of confidentiality to you with regard to any Entry.
Severability; Headings; Agreement to Official Rules: In the event that any provision of these Contest Rules is found to be invalid, illegal or otherwise unenforceable, such provision shall be severed, the remainder of these Contest Rules shall continue in full force and effect, and any such unenforceable provision shall be reformed to provide the maximum protection to the Sponsor permissible under law. Headings are for purposes of reference only and do not have binding legal effect. By participating, each Entrant agrees to comply with, and be bound by, these Contest Rules and the decisions of Sponsor (including but not limited to eligibility and winner determinations).
Contest Results: For a list of Winners, send a self-addressed, stamped envelope to NESN, 480 Arsenal Way, Watertown, MA 02472, within six months of the Contest.
Sponsor: New England Sports Network LP, 480 Arsenal Way, Watertown, MA 02472.