Why Whaler Summer Contest
OFFICIAL PROMOTION RULES
· No Purchase Necessary TO ENTER OR WIN. A Purchase WILL NOT IMPROVE YOUR Chances Of Winning. VOID WHERE PROHIBITED BY LAW.
· THIS IS A SKILL-BASED CONTEST; THIS IS NOT A GAME OF CHANCE. WINNERS WILL BE CHOSEN BASED ON STATED CRITERIA.
· THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH, INSTAGRAM. BY ENTERING, YOU UNDERSTAND THAT YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND NOT TO INSTAGRAM.
· AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED IF REQUESTED BY SPONSOR.
· SPONSOR OBTAINS RIGHTS FROM ENTRANTS TO USE CONTENT SUBMITTED AS PART OF THE CONTEST.
BY ENTERING (OR OTHERWISE PARTICIPATING) IN THE CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH CREATE A CONTRACT SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, SUCH CONTRACT INCLUDES GRANTS OF RIGHTS AND INDEMNITIES TO SPONSOR FROM YOU, A CLASS ACTION WAIVER, AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
SPONSOR: Brunswick Corporation, 26125 N. Riverwoods Blvd., Suite 500, Mettawa, IL 60045.
OVERVIEW: To participate in the Why Whaler Story Contest (the “Contest”), share either a photo on Instagram or upload an Instagram reel or Instagram video of 90 seconds or less that shows a special memory with Boston Whaler over the years. Then tell us in the caption, in 250 words or less, why boating with Boston Whaler made that memory unforgettable. Sponsor’s judges will select three finalists from among the entries submitted based on the criteria stated below. The three finalists will then be subject to a public-voting period, and the entry that receives the most votes will be deemed the winner.
ELIGIBILITY: The Contest is open to U.S. legal residents who are eighteen (18) years of age or older and have reached the age of maturity in their jurisdiction of residence as of the date of entry. Employees of Sponsor and its respective affiliates, subsidiaries, parent companies, sales representatives, agencies, dealers, retailers, wholesalers, distributors, and promotional and vendor agencies involved in the Contest, and the immediate families (spouse, parents, siblings and children) or household members of all such employees, are NOT eligible. The Contest is subject to all applicable national, state, and local laws and regulations. Void where prohibited or restricted by law or regulations. Participation constitutes entrant’s full and unconditional agreement to these terms and conditions and Sponsor’s decisions, which are final and binding in all matters related to the Contest.
CONTEST ENTRY PERIOD: Entries to the Contest must be submitted between July 1, 2024 and 11:59 p.m. Eastern Time (“ET”) on August 31, 2024. The public voting period for the Contest will take place between 12:01 a.m. ET on September 9, 2024 and 11:59 p.m. on September 13, 2024. The winner of the Contest will be announced on or about September 16, 2024.
HOW TO ENTER: To participate in the Contest, you will need to (i) submit either a photo, Instagram video, or an Instagram reel showing a special memory with Boston Whaler over the years, and (ii) provide a caption of not more than 250 words describing why boating with Boston Whaler made that memory unforgettable. Please see “Entry Criteria” below for additional information. Limit one entry per person during the Contest Period.
To enter:
1. Follow @boston_whaler on Instagram. Once you are following @boston_whaler, and during the entry period stated below, post your photo, Instagram video, or Instagram Reel with a caption that includes the following hashtag: #whywhalercontest.
Entry Criteria: All entries must adhere to the following entry criteria:
Captions must be written in English and may not exceed 250 words. Only entries that contain the hashtag #whywhalercontest in the caption will be eligible.
Instagram videos/reels must not exceed 90 second in length.
Entrants must obtain the consent of anyone depicted in their entry (i.e., photo, video, or reel) prior to submission.
Entry must be entrant’s original creation and may not include copyrighted, trademarked, patented, or previously published material. Entry requiring license or usage rights from any third party is not eligible. Entry cannot defame or invade the rights or privacy of any person, living or deceased, or otherwise infringe upon any third party’s personal, proprietary, or intellectual rights.
Entry may not include any conspicuous trademarked or copyrighted brand names/logos, except those of Sponsor. Users may use photo/video editing tools to blur out or otherwise conceal trademarked or copyrighted brand names/logos. Sponsor further reserves the right, but not the obligation, to make minor modifications, edits, or revisions to submitted entries, such as by blurring out copyrighted brand names/logos, in order to render entries in compliance with these Official Rules.
Entry cannot contain illegal or unlawful material, and must not promote bigotry, racism, harm, or discrimination. Entry must be consistent with Sponsor’s reputation in the marketplace and must be suitable for audiences of all ages. Entries which, in Sponsor’s or judges’ sole discretion, contain any type of vulgarity or objectionable content will be disqualified.
Entries that do not meet these stated criteria, or entries that (in Sponsor’s or judges’ sole discretion) may technically meet the stated criteria but do not reflect the intent and the spirit of the Contest, are not eligible.
Entry constitutes entrant’s certification that s/he is the owner of the entry, has received the consent of anyone depicted in the entry, and is able and authorized to submit it. By submitting entry, entrant agrees to indemnify and hold harmless Sponsor, Instagram, and their parent companies, subsidiaries, affiliates, sales representatives, agencies, retailers, wholesalers, distributors, and promotional and other vendor agencies involved in this Contest from any and all claims, damages, expenses, costs (including reasonable attorney fees) and liabilities (including settlements), resulting from or relating to entrant’s submission, or any information supplied or represented to Sponsor by entrant.
SELECTION OF PRIZE WINNERS: Entries submitted to the Contest will be subject to a two-part judging process. Odds of winning depend on the number of eligible entries received and the quality of the entries received.
PANEL OF JUDGES: Entries will first be judged by a panel of judges selected by Sponsor, which will consist of Boston Whaler and Brunswick employees. All decisions by the judges are final and binding on all entries. Entries will be judged on a 100-point scale by the panel based on the following three (3) criteria: (i) ability of overall entry to convey emotional connection to the Boston Whaler brand (40%), (ii) quality of photo/reel/video, aesthetics, and imagery (30%); and (iii) quality of caption and composition (30%). The judges will select the top three entries based on the stated criteria. In the event of a tie, the tied entry that scores highest in the emotional connection to boating category will be deemed the finalist. The three finalists will then be subjected to the public voting.
PUBLIC VOTING: The public voting period will begin at 12:01 a.m. ET on September 9, 2024 and end at 11:59 p.m. ET on September 13, 2024. To vote, go to https://bostonwhaler.com/marketing/why-whaler-2024.html during the stated period to view the five finalist entries. A person may vote for one (1) entry on a single visit, one time per day, during the public voting period. For example, a person may vote on the first day of the public voting period for Entry #2, and then may vote again on the second day of the public voting period for the same entry (or any other entry). At the conclusion of the public voting period, the entry with the greatest number of votes will be deemed the winner. In the event of a voting tie, a judge selected by the Sponsor will cast one (1) vote between the tied entries to determine the Contest winner.
PLEASE NOTE: Votes are subject to verification and validation by Sponsor. Entrants may use social media or comparable means to direct potential voters to the voting website and select their entries. However, in no circumstance may compensation be offered or suggested. By way of example, entrants may not participate in “vote swapping” or similar services, use automated or “bot” voting mechanisms, offer cash, run a sweepstakes or contest to obtain votes, pay for votes, or use any similar means to accumulate votes. In the event of questions about a specific vote-getting method, Sponsor reserves the right to disqualify, without notice, any entrant or any votes achieved through such means or who may use such means that Sponsor determines, in its sole discretion, is inconsistent with the intended fair play of the Contest.
WINNER NOTIFICATION: Potential winners will be notified on or about September 16, 2024 by email, Instagram post, or Instagram direct message, in Sponsor’s sole discretion. The potential winner will be required to respond within three (3) business days of notification, or the prize will be forfeited and an alternate winner will be chosen. Affidavit of eligibility (including SSN), prize acceptance form, tax information, assignment of rights, publicity release, and/or mutually acceptable liability releases may be required and, if so, must be returned within the reasonable specified time or prize may be forfeited and an alternate winner chosen. The winner of the Contest will be revealed on Sponsor’s Instagram page after winner confirmation.
PRIZES & APPROXIMATE RETAIL VALUES (ARV): There will be one winner in total. The Contest winner will receive the following:
$1,000 in Visa Gift Cards
$500 in Whaler Swag
Additional Prize Details. Winning a prize is contingent upon fulfilling all requirements set forth herein. PLEASE NOTE: All taxes on prizes are the sole responsibility of the winner. Any and all guarantees and warranties for merchandise prizes are subject to the manufacturer’s and/or service providers’ terms and conditions, and winner agrees to look solely to such manufacturers and/or service providers for any warranty or guarantee claim. Gift cards subject to standard terms and conditions. Where not prohibited, affidavit of eligibility (including SSN), prize acceptance form, tax information, publicity release, and/or mutually acceptable liability releases may be required from winner and winner’s guest if requested by Sponsor. Prize is not transferable and no substitution or cash equivalent is allowed, except in Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize of the same approximate retail value if advertised prize becomes unavailable for any reason, including but not limited to travel restrictions due to COVID. Because the value of the prize exceeds $600, the winner’s social security number or taxpayer I.D. will be required in order to issue a Form 1099-MISC showing prize ARV as income to winner. Prize consists only of items specifically listed as part of the prize. All costs and expenses not specified herein relating to a prize are the sole responsibility of the winner.
LICENSE TO ENTRY MATERIAL: As a condition of entry, each entrant grants Sponsor a perpetual, irrevocable, royalty-free, fully sub-licensable and transferable worldwide exclusive license and permission to use, reproduce, edit, modify and exhibit, create derivative works of, transmit, distribute, and display the entry, in any and all media formats, whether now known or hereafter developed. Entrant shall have no right of compensation from, credit or attribution, or approval over any use of Entry by Sponsor. Sponsor has the right but not the obligation to post any entry for worldwide viewing on the Internet. Entrants hereby forever waive and relinquish all so-called “moral rights (droit moral)” now or hereafter recognized in connection with any entry submitted as part of the Contest. Entrants agree that neither Sponsor, nor its agents, shall be responsible for return or preservation of the Entries submitted. All entries that are posted on Sponsor’s website, Instagram, or elsewhere may be available to be viewed by the public.
PUBLICITY RELEASE: Please note that entries may be accessible for viewing by the general public on the Internet. By entering, entrants authorize the Sponsor to post their entries on the Sponsor’s webpage and social media accounts for viewing by a world-wide audience. Except where prohibited, acceptance of a prize constitutes winners’ consent that his or her name, likeness, voice and/or biographical data may be used for advertising and promotional purposes without limitation and without additional notice, compensation, or consent. Submission of content to be posted online constitutes permission for same.
RELEASE: By entering, entrant agrees to accept and abide by the Official Rules of this Contest and agrees that any dispute with regard to the conduct of this Contest, rule interpretation, or award of prize shall be submitted to Sponsor, whose decision shall be binding and final. By participating, you release Sponsor, Instagram, and their respective subsidiaries, affiliates, partners, employees, directors, and agents from any and against any and all injury, loss or damage including but not limited to, personal injury, death or damage to or loss of property, caused or claimed to be caused by your participation in the Contest. Entrant hereby agrees to defend, indemnify and hold harmless Sponsors and their respective officers, directors, employees, agents, parent companies, affiliates, subsidiaries, licensees, successors, assignees, against any and all third party claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or related to any breach by the entrant of any provision of this document, including, without limitation, entrant’s representations and warranties.
ADDITIONAL RULES: Entrant represents and warrants that: (i) he/she is the sole and exclusive owner of all rights to the entry submitted as part of the entry process, including without limitation all copyrights therein; (ii) he/she is the individual producing the entry; and (iii) the entry will not violate or infringe upon the copyright, literary, privacy, publicity, trademark, service mark or any other personal or property right of any person or entity. Sponsor is not responsible for: (i) lost, late, stolen, misdirected, damaged, garbled, or illegible entries; (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsors on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in the Contest.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE CONTEST, IS A VIOLATION OF CRIMINAL & CIVIL LAWS AND SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
Sponsor is not responsible for any typographical or other error in the printing of this offer, administration of the Contest, or in the announcement of prizes, including erroneous appearance of qualification for a prize, and under no circumstances will more than the stated number of prizes be awarded. Sponsor reserves the right, in its sole and absolute discretion, to modify, cancel, or suspend this Contest, or to amend the Official Rules at any time, without prior individual notice, should any factor interfere with the administration, security, or proper play of this Contest as contemplated by these Official Rules. If for any reason Sponsor is prevented from continuing with this Contest, or the integrity and/or feasibility of the Contest is severely undermined by any event including but not limited to fire, flood, epidemic, pandemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any national, state or local government law, order or regulation, order of any court or jurisdiction, Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Contest without further obligation. If Sponsor in its discretion elects to so abbreviate the Contest, Sponsor reserves the right, but not the obligation, to award the prize from among all eligible entries received to date. All entries are the physical property of Sponsor and are not returnable.
DISPUTES/CHOICE OF LAW: Each entrant agrees that (1) any and all disputes, claims, and causes of action arising out of or in connection with this CONTEST, or any prize awarded, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state court in ILLINOIS; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this CONTEST, but in no event attorneys’ fees, and (3) 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 the Sponsor in connection with this CONTEST shall be governed by, and construed in accordance with, the laws of the State of ILLINOIS, without giving effect to any choice of law or conflict of law rules or provisions OF any other jurisdiction that would cause the application of the laws of any jurisdiction other than those of the State of ILLINOIS.
DISPUTES REGARDING THE IDENTITY OF ENTRANT: Entries will be deemed made by the authorized Instagram account holder of the entry submitted. In the event of a dispute, the selected entrant may be required to provide proof that s/he is the authorized account holder of the identified account.
PRIVACY: As a condition of entering the Contest, each entrant agrees his or her personally identifiable information submitted as part of an entry will be used to administer the Contest, select prize winners, and fulfill prizes. Such information may be shared with Sponsor’s agents and affiliates as necessary to administer the Contest, confirm winner identity or materials, and fulfill the prizes. Information will be treated in accordance with Sponsor’s Privacy Policy available at https://www.brunswick.com/privacy-policy.
WINNER’S LIST: To receive any legally-required name of the winner, send a legal-size, self-addressed, stamped envelope within ninety days of the end of the Contest to: Winners’ List, Why Whaler Story Contest, c/o Brunswick Marketing, 26125 N. Riverwoods Blvd., Suite 500, Mettawa, IL 60045.