Catalyst Casting Call Official Rules
CATALYST CASTING CALL (“Contest”)
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN ONLY TO INDIVIDUAL U.S. RESIDENTS AGE 18 AND OLDER. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
CONTEST TERRITORY and PERIOD: The Contest will be held in the United States, excluding Florida and New York, beginning on 12:00:01 am Eastern Time (“EST”) on September 10, 2022. Entries will be accepted until October 24, 2022 at 11:59:59 pm EST the (“Contest Period”). The Contest is subject to these complete official rules (“Official Rules”).
SPONSOR: This Contest is sponsored by Arctic Cat, Inc. (“Arctic Cat” or “Sponsor”), 601 Brooks Avenue, Thief River Falls, MN 56701, USA.
METHOD(S) OF ENTRY: During the Contest Period you may enter the Contest by completing a submission form (each a “Submission”) by visiting the Sponsor’s website at www.ArcticCat.com/Catalyst.
PRIZES TO BE AWARDED:
- Four (4) grand prizes consisting of a trip to participate in an Arctic Cat photoshoot at a location yet to-be-determined within the United States, including an opportunity to ride Sponsor’s new snowmobile as part of a photoshoot, with the potential for images or photos of you to appear in Sponsor’s marketing materials. Airfare, two or three nights’ lodging, and meals for one (1) person are included. All other food, other entertainment, other transportation, taxes, and other expenses are the responsibility of the winner. The prize value depends on the final selection of dates, location, number of nights, and your destination of origin, but is estimated to have an approximate retail value of $2,400, subject to variation based on final location of photoshoot, number of nights, and cost of airfare and lodging. No cash equivalent or substitution will be offered.
- Odds of winning depend on the number of eligible entries received and the overall quality of your submission and those of others, as determined in the Sponsor’s sole discretion.
1. ELIGIBILITY: The Contest is open only to legal residents of the United States, who are 18 or older at the time of submission excluding resident of New York and residents of Florida. Employees, officers and directors of Arctic Cat, Inc. (the “Sponsor”), its parents, subsidiaries, affiliated companies, advertising, promotion or production agencies, distributors (and their IRS dependents, immediate family members (spouse, parents, children, siblings) and individuals residing in their same household, whether or not related) are not eligible to participate. By participating, entrants agree to these Official Rules and the decisions of the Sponsor, which are final and binding in all respects.
2. CONTEST PERIOD: The Contest begins and ends at the times listed above. Sponsor’s computer (or a computer designated by Sponsor) is the official time keeping device for this Contest.
3. TO ENTER: During the Contest Period, enter as described above in the paragraph titled “Method(s) of Entry.” Any other attempted form of submission is void. Submissions become property of the Sponsor. Please see the Privacy Policy located at https://www.ArcticCat.com/Catalyst for details of Sponsor’s policy regarding the use of personal information collected in connection with this Contest. If your submission includes any text, images, or other content, by entering the contest you grant to Sponsor a global, royalty-free, irrevocable, sublicensable, and transferable license for such text, images, or other content for any purpose whatsoever including, but not limited to, copy, publish, create derivative works from, and otherwise use such content, including for advertising and marketing purposes.
4. SUBMISSION REQUIREMENTS: To be eligible, your Submission must demonstrate that you are an experienced snowmobile rider, as determined in the sole discretion of Sponsor. The submission must include photographs of you on the trail and off the trail, and a written submission of why you should be selected to be part of the next photoshoot. All eligible Submissions will be evaluated by Sponsor based on the overall quality of the submission including, without exclusion, overall creativity, riding skill, the quality of the photographs, and the content and quality of the “Why Should I Be a Part of the Next Arctic Cat Photoshoot” written submission.
5. OWNERSHIP, RELEASE, CONDITIONS OF ENTRY: By submitting your Submission, you acknowledge that you understand and unconditionally agree that Sponsor shall solely and exclusively own the Submission (including all rights embodied therein). To be eligible to win a prize, each potential winner must sign a liability release and a publicity release prior to provision of any prizes and coordination of any airfare or other aspects of the prize.
By entering the contest, you further grant Sponsor a worldwide, royalty free, non-exclusive, perpetual, irrevocable license, without limitation, to use your Submission and its contents, your name, image, city, state, likeness, photographs, and/or prize information in connection with (i) the Contest, (ii) your use of the prize; and (iii) any other photographs, videos, or other materials arising from or created in connection with the photoshoot (collectively, the “Materials”) for promotional, advertising or other purposes, and to display the Submission and Materials on products, advertising, videos, social media, catalogs, marketing materials, the internet or any media now known or hereinafter developed.
If you are selected as a potential winner, you further agree to strictly follow all rules, requests, or guidelines provided by Arctic Cat at all times including, but not limited to, during the photoshoot. If, in Sponsor’s sole discretion, you fail to follow any direction, rule, or guideline including, but not limited to, safety guidelines, you may forfeit the ability to participate in the photoshoot and utilize any other aspect of the Prize.
6. WINNER SELECTION PROCESS:
All eligible Submissions will be evaluated by Sponsor based on the overall quality of the submission including, without exclusion, overall creativity, riding skill, the quality of the photographs, and the “Why Should I Be a Part of the Next Arctic Cat Photoshoot” written submission. Sponsor will select four (4) potential winners. To receive a prize, each potential winner must meet all eligibility requirements to be awarded a prize as a winner, including responding to Sponsor’s communications, providing and signing all requested documentation, including driver’s license, safety certificates, a liability release and a publicity release. Sponsor will contact potential winner(s) through the provided contact information. If any prize or prize notification or attempted notification is returned as undeliverable, or if potential winner(s) do not respond within a reasonable time period, namely, five (5) business days, or if a potential winner is found to be ineligible or otherwise not in compliance with these Official Rules, the prize may be forfeited and may be awarded to an alternate winner in Sponsor’s sole discretion.
7. PRIZES / ODDS: The Prize(s) is/are listed above in the paragraph titled “Prize.” Potential winners must be available and able to travel during dates selected by Sponsor for its photoshoot, which shall be determined in Sponsor’s sole discretion and are subject to modification by Sponsor for any reason whatsoever in its sole discretion. If any potential winner or winner cannot accept or use a prize as stated for any reason including, but not limited, an inability to utilize the airfare selected by Sponsor or unavailability during the dates selected by Sponsor, such potential winners and winners may be deemed by Sponsor to have forfeited their prize, in Sponsor’s sole discretion. Sponsor, in its sole discretion, may choose to award such prize to an alternate winner.
By accepting a prize, winner acknowledges he or she is in compliance with these Official Rules and agrees to work with Sponsor to finalize traveler information, flights, and other required details to receive the prize. The name(s) of the winner(s) may be posted publicly by Sponsor on its website, social media, or in any other medium.
Sponsor’s decisions are final and you agree not to object, appeal, or otherwise contest Sponsor’s decision. The prize is non-transferable and no cash equivalent or substitution will be offered. Notwithstanding the foregoing, Sponsor reserves the right to substitute the advertised prize with a prize of equal or greater value if the advertised prize becomes unavailable. Any difference between stated value and actual value will not be awarded. Odds of winning depend on the number of eligible entries received. Sponsor does not make, nor in any manner is responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the prize including but not limited to its quality, fitness for purpose or condition. Sponsor reserves the right to change the prize and/or not to award a prize if, in its sole discretion, it does not receive a sufficient number of entries, the entries are deemed unacceptable for any reason, or it has decided to terminate the Contest for any reason, in its sole discretion. The prize award is subject to verification of eligibility and compliance with these Contest rules.
Sponsor may, but is not obligated to, utilize any winner’s name, likeness, photographs, or other materials in any manner whatsoever including, without exclusion, in any advertising or marketing materials.
8. MODIFICATION OR CANCELLATION: Sponsor reserves the right to modify any terms of this Contest at any time, for any reason and at its sole discretion and without providing you with any notice. Without limiting the foregoing, Sponsor also reserves the right to reject your Submission and/or terminate your participation in the Contest if Sponsor determines, in its sole discretion that you have violated any of the terms of the Contest rules, or if your Submission or participation in the photoshoot creates any risk of potential conflict, injury, or risk of liability. Without limiting any other similar provision in these Contest rules, Sponsor also reserves the right to cancel, suspend and/or modify the Contest, or any part of it at any time, if any fraud, technical failures, malware, or any other factor impairs the integrity or proper functioning of the Contest. Further, Sponsor reserves the right to restrict any winner’s participation in the photoshoot for any reason whatsoever including, but not limited to, if Sponsor determines, in its sole discretion, that your participation may create a risk of injury, property damage, or liability.
9. REPRESENTATIONS, WARRANTIES, and NON-INFRINGEMENT: By entering the Contest, you represent and warrant that, to your knowledge your Submission does not and will not violate these Contest rules. Without limiting any of the foregoing, your Submission must not infringe upon the copyright, trademark, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If your Submission knowingly contains any material or elements that you do not own, and/or which are subject to the rights of third parties, you are solely responsible for obtaining, prior to submission of the Submission, any and all releases and consents necessary to permit the assignment of ownership of the Submission to Sponsor. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor at any time. Your failure to provide such proof may render your Submission null and void. Except where prohibited by law, you acknowledge and agree that Sponsor does not have now, nor shall have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to your Submission.
10. RELEASE AND LIABILITY LIMITATIONS: By making a submission, each participant (i) releases Sponsor, Facebook, Instagram, Twitter, TikTok and each of their parents, subsidiaries and affiliated companies, advertising and promotion agencies, and all of their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) and agrees that the Released Parties shall have no liability whatsoever for, and shall be held harmless by participants against any liability (A) for any injuries, losses or damages of any kind to person(s), including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in this Contest or any Contest-related activities (including any travel related thereto), (B) resulting from claims by third parties relating to the posting of their likeness by a participant, (C) resulting from claims that participant’s submission violates or otherwise infringes the rights of a third party, and (D) a participant’s failure to comply with these rules.
IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ENTRANT’S PARTICIPATION IN THE CONTEST, TRAVEL, USE OF A PRIZE, OR USE OF THE WEBSITE.
WITHOUT LIMITING THE FOREGOING, ALL PRIZES ARE AWARDED “AS IS” AND SPONSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE APPEARANCE, SAFETY OR PERFORMANCE OF ANY PRIZE EXCEPT FOR ANY WARRANTY AVAILABLE FROM THE MANUFACTURER OF THE PRIZE.
SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO EVERY PARTICIPANT. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
11. TAMPERING AND TECHNOLOGY ISSUES: (a) Released Parties are not responsible for lost, late, misdirected, incomplete, or non-delivered entries; or for interrupted or unavailable satellite, network, server, Internet Service Provider, unavailable or inaccessible websites, telephone or other connections, availability or accessibility, or miscommunications, or failed computer, telephone, or other technical failure, delayed, or misdirected transmissions or computer hardware or software malfunctions, or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of submission or other information or the failure to capture, or loss of, any such information; (b) persons who tamper with or abuse any aspect of this Contest or otherwise attempt to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other entrants or Sponsor’s representatives, as solely determined by the Sponsor, will be disqualified; (c) any use of robotic, automatic, programmed or like entry methods will void all such entries by such methods, and disqualify any entrant using such methods; (d) should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention, technical failures or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, fairness, or security of the Contest, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest, and modify the winner selection process as otherwise deemed fair and appropriate by Sponsor; and (e) Released Parties are not responsible for any incorrect or inaccurate information, whether caused by Website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest, and assume no responsibility for any error, interruption, deletion, defect, delay in operation, or transmission, communications line failure, theft or destruction, or unauthorized use of any website.
12. GENERAL CONDITIONS: All federal, state and local taxes, if any, on prizes and any other costs and expenses associated with prize acceptance and use not specified herein as being provided are solely winner’s responsibility. Except where legally prohibited, winner grants (and agrees to confirm that grant in writing) permission to Sponsor and those acting under its authority the right to the use of his/her name, picture, likeness, voice, biographical information and statements, and the Materials, at any time or times, for advertising, trade, publicity and promotional purposes without additional compensation, in all media now known or hereafter discovered, worldwide in perpetuity, and on the Internet and World Wide Web, without notice, review or approval, unless prohibited by law.
13. GOVERNING LAW & JURISDICTION: These Official Rules and the Contest are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Minnesota, without giving effect to the conflict of laws rules thereof, and any matters or proceedings shall take place in the State of Minnesota in the state or federal courts for Hennepin County.
14. DISCLAIMER OF AFFILIATION. This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram, Facebook, Twitter, or TikTok. You understand that you are providing your information to Sponsor, Instagram, Facebook, TikTok, or Twitter. Any questions, comments or complaints regarding this Contest shall be directed to Sponsor and not to Instagram, Facebook, TikTok, or Twitter. Instagram is a registered trademark of Instagram, Inc. Facebook is a registered trademark of Facebook, Inc. Twitter is a registered trademark of Twitter, Inc. TikTok is a registered trademark of Bytedance Ltd.
