"I WISH I HAD AN ARBITRATOR" CONTEST
NO PURCHASE NECESSARY TO ENTER OR CLAIM PRIZE.
OFFERED ONLY IN THE 50 UNITED STATES AND DISTRICT OF COLUMBIA
AND OPEN ONLY TO LEGAL U.S. RESIDENTS WHO ARE 18 YEARS OF
AGE OR OLDER
AND EMPLOYED AS A MEMBER OF A STATE, LOCAL, OR FEDERAL AGENCY
AT TIME OF ENTRY.
1. ELIGIBILITY: NO PURCHASE NECESSARY TO ENTER OR CLAIM PRIZE. Open to legal residents of the 50 United States and District of Columbia who are 18 years of age or older and employed as a member of a state, local, or federal agency at time of entry. Employees of Panasonic Corporation of North America (the “Sponsor”) and (“Contest Administrator”), and their subsidiaries, agencies, affiliates and members of the immediate families (spouses and parents, siblings, children and their spouses and in-laws) and persons living in the same household of such individuals (whether related or not) are not eligible. Eligibility may be verified by Sponsor. Any determinations of eligibility will be made by the Sponsor whose decisions are final. Entrants are entering on behalf of their employer. Void where prohibited.
2. PROGRAM DESCRIPTION: This contest is looking for the best true story about the strangest, scariest, or even funniest situation a member of a state, local, or federal agency wished he/she captured on video during a day on the job.
3. TO ENTER CONTEST: To enter the Panasonic “I Wish I Had an Arbitrator” Contest, visit panasonic.com/arbitratorcontest (“Web site”) between 6:00 pm Eastern Time (“ET”) on 5/31/06 through 11:59 pm ET on 7/31/06 and follow the online directions to access the official entry form. Provide all the information requested, and, tell us in 1030 characters or less, a true story about the strangest, scariest, or even funniest situation you wished you had captured on video during a day on the job. Submit your entry in accordance with the instructions at the entry form on the Web site. Please note only one entry is allowed per person. Contest Administrator’s server is the official clock of this contest. All entries become the sole property of Sponsor, and will not be returned.
Once submitted, your entry may not be changed or deleted. By submitting an entry, entrant gives permission (and warrants and represents that he/she has obtained all rights necessary to give such permission) to Sponsor to post his/her entry and entry information on the World Wide Web and any other media, and to otherwise use his/her entry and entry information in accordance with the requirements of this contest and Official Rules, and further warrants and represents that his/her entry does not violate any law or regulation, or right, of any third party, including but not limited to intellectual property rights, such as but not limited to, rights of copyright, trademark, or patent, or rights of publicity and/or privacy, and is not defamatory, slanderous or libellous, that entry is his/her own original work, the content is true and can be verified, has not been accepted for previous publication or submitted in any competition, and that he/she has followed these Official Rules. By entering, entrant and entrant’s employer agree to indemnify and hold harmless Releasees (as defined below) from any action or liability resulting from the publishing of his/her entry.
Sponsor reserves the right in its sole discretion to decide if an entry is appropriate for judging, posting, or publication and may disqualify any entry at any time in the event it is determined, in the Sponsor’s sole discretion that the entry is not appropriate, or, that the contestant has not complied with these Official Rules.
4. CONTEST JUDGING: Entries will be judged by a panel of judges selected by and from Sponsor equally on the following criteria with equal weight given to each criterion: 1) originality, 2) credibility, 3) appropriateness to theme and 4) appeal. In the event of a tie, the entry with the highest appeal score will be declared the winner.
5. PRIZE: The following prize will be awarded to the winner’s employer: one Toughbook Arbitrator Mobile Digital Video System. This system includes camera, P2 video and audio recorder, wireless microphone system and P2 card. Approximate retail value $5,000. Installation is not included as part of the winner’s package.
Winner will be notified by phone, email, mail or overnight mail at Sponsor’s sole discretion on or about 8/30/06.
6. GENERAL: All taxes on prizes and expenses relating to acceptance and use of prizes and not specified are the sole responsibility of winner’s employer. By participating, entrants and their employers agree a) to these rules and decisions of Sponsor which shall be final and binding in all respects and in all matters relating to this promotion; b) to release, discharge, indemnify and agree to hold harmless Sponsor, its advertising and promotion agencies and all of their respective parents, affiliates, subsidiaries, agencies, agents and representatives and their respective employees, officers and directors (individually and collectively “Releasees”) from any liability or responsibility whatsoever for any claims, costs, injuries, losses or damages of any kind (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss of or destruction of property, or violation of intellectual property rights, such as, but not limited to copyright, trademark or patent, or rights of publicity or privacy, defamation, or portrayal in a false light), arising out of or in connection with the contest or from their acceptance, possession, use or misuse of any prize, or participation in the contest or any contest related activity; c) grant the Sponsor all rights of ownership, reproduction and use of entry materials for any purpose whatsoever without compensation or further permission, including but not limited to an irrevocable and perpetual, royalty-free, worldwide right, in all media (now known or later developed) to use, publish, or otherwise exploit any entry materials or finalist materials (whether altered, changed, modified, edited, used alone, together or with other works and/or used in distorted, illusory or composite form, as solely determined by Sponsor) for any trade, advertising, publicity and promotional purpose without notice, review or approval; and d) if a winner to the announcement/use of name, employer’s name, contest entry, statement, voice, image and/or likeness, at any time or times, for trade, advertising, publicity and promotional purposes without compensation (unless prohibited by law) by Sponsor and those acting pursuant to Sponsor’s direction, in all media now known or hereafter discovered, worldwide, including but not limited to the World Wide Web, without notice, review or approval and agrees to execute specific consent to such use if asked to do so. In no event will Releasees be responsible or liable for any damages or losses of any kind, whether direct, indirect, incidental, consequential, punitive or other damages. Winner and winner’s employer may be required to complete an affidavit of eligibility, liability and (where legal) publicity release, which must be returned within time specified by Sponsor or an alternate winner will be selected. If documents are returned as non-deliverable, or if winner is found to be ineligible or not in compliance with these Official Rules, winner will be disqualified and an alternate winner selected. Releasees are not responsible and shall not be liable for: a) telephone, electronic, hardware or software program, network, Internet or computer malfunction, technical errors or by any human error which may occur in the processing of entries, or the incorrect or inaccurate capture of entry or other information, or the failure to capture, or loss of, any such information; b) failed, incomplete, garbled, corrupted or delayed computer transmissions; c) lost, late, misdirected, mutilated, incomplete, illegible entries or postage-due mail; or d) any condition caused by events that may cause the promotion to be disrupted or corrupted. Sponsor reserves the right in its sole discretion to cancel or suspend the contest or any portion thereof should computer hardware or software malfunctions (such as but not limited to virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures) or any other causes corrupt the administration, security or proper play of the contest, and select the winners from entries received prior to the action taken or in such other manner as deemed fair and appropriate by Sponsor. Entry and finalist materials will be deemed a Work Made For Hire under the Copyright laws of the United States, but if any winner’s entry and/or finalist materials cannot be so deemed, then that winner and winner’s employer agrees to irrevocably assign and transfer to Sponsor all of his/her rights, title and interest in and to the materials, including all copyrights (including but not limited to renewal, derivative rights), in the United States and worldwide, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Each winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that the winner may now or later have in the entry and finalist materials. Sponsor reserves the right to alter, change or modify any of the winning stated materials, in its sole discretion. Upon the request of Sponsor, each winner shall execute and deliver such additional instrument of assignment, in a form deemed necessary and as may be solely determined by Sponsor. Sponsor’s failure to request such an assignment shall not be deemed a waiver of the right to request the assignment at any time.
7. ADDITIONAL CONDITIONS: Releasees are not responsible for any incorrect
or inaccurate information, whether caused by Web site users, tampering, hacking
or by any of the equipment or programming associated with or utilized in the
contest and assumes no responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission, communications line failure,
theft or destruction or technical error or unauthorized access to the Web site.
Sponsor reserves the right, at its sole discretion, to disqualify any individual
it finds to be tampering with the operation of the contest or Web site; to be
acting in violation of the Official Rules; to be acting in violation of the terms
of the Web site, or to be acting in a non-sportsmanlike or disruptive manner,
or with intent to annoy, abuse, threaten or harass any other person. Entry information
and entries become the sole property of Sponsor, and will not be returned. No
prize transfer or cash redemption or substitution, but Sponsor reserves the right
to substitute prize with prize of equal or greater value should prize become
IN NO EVENT WILL RELEASEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF INTERNET SITE panasonic.com/toughbook/arbitrator or panasonic.com/arbitratorcontest OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
8. ARBITRATION/CHOICE OF LAW: Except where prohibited, entrants agree that (a) any and all disputes, claims, and causes of action arising out of or connected with this promotion, or any prize awarded, or the determination of the winners, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of the American Arbitration Association, then effective, in Secaucus, New Jersey, (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 entrant be permitted to obtain awards for and entrant 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and/or Sponsor in connection with the promotion, shall be governed by, and construed in accordance with, the laws of the State of New Jersey, without regard for conflicts of law doctrine, and all proceedings shall take place in Secaucus, New Jersey.
Sponsor: Panasonic Corporation of North America.