Terms of Participation
THESE OFFICIAL RULES ARE FOR UNITED STATES PARTICIPANTS ONLY.
THIS PROMOTION IS DESIGNED AS A SKILL CONTEST. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. EXCEPT FOR THE MARKS OF THE SPONSOR (ADDRESSED BELOW), USE CAUTION AND COMMON SENSE WHEN PARTICIPATING IN THIS PROMOTION. RESPECT AND ENSURE THE SAFETY OF YOURSELF AND OTHERS. DO NOT TRESPASS OR HARM ANYONE’S PROPERTY.
ENTRY MUST NOT CONTAIN ANY THIRD-PARTY TRADEMARKS, LOGOS, TRADE DRESS OR PROMOTION OF ANY BRAND, PRODUCT, OR SERVICE.
YOU MUST HAVE A YOUTUBE® or VIMEO® ACCOUNT TO SUBMIT AN ENTRY INTO THIS CONTEST. YOU MUST HAVE AN INSTAGRAM® ACCOUNT TO COMPETE IN THE GLOBAL COMPETITION.
ELIGIBILITY: Red Bull Can You Make It? US Qualifier (the “Contest”) begins on October 14, 2019 at 12:01 a.m. Eastern Standard Time (“EST”) and ends on February 17, 2020 at 3:01 p.m. EST (“Contest Period”). The time shall be determined by Sponsor’s timekeeping systems, and Sponsor may also rely on the time processing functions of third parties. Sponsor shall have the sole discretion in determining the timeliness of any action or inaction related to this Contest.
The Contest is open to: (i) legal residents of the United States (including D.C.); (ii) who are at least 18 years old and the age of majority in their jurisdiction of residence as of the date of entry; and (iii) are either currently enrolled in a four-year college or university in an undergraduate degree- or master’s degree-seeking program or are currently enrolled in a two-year college. Individuals with graduate-level degrees or who are enrolled in graduate-level degree programs (e.g., JD, MBA, PhD) are not eligible to enter. Void where prohibited. Employees of Red Bull North America, Inc. (“Sponsor”), and its parent companies, subsidiaries, affiliates, advertising agencies, public relations agencies, prize suppliers, including any vendors providing services in connection with this Contest (collectively, the “Sponsor Affiliates”), and employees, agents, directors, officers (including members of their immediate family – i.e., spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren – or those living in the same household) of Sponsor or any Sponsor Affiliates are not eligible to participate in the Contest. Contest is subject to all applicable federal, state, and local laws.
TO ENTER: To enter the Contest, complete the following steps during the Contest period:
1. You must enter the Contest as a Team. Each Team must consist of three (3) members.
2. Visit www.canyoumakeit.redbull.com (the “Contest Website”) and follow all posted instructions to complete the entry form and all application questions (including, but not limited to, team country of origin, college/university, names, genders, dates of birth, and e-mail addresses for each Team member).
3. Create one (1) original video (maximum length: sixty (60) seconds) that details why your Team should be chosen to compete.
4. Upload your video entry via YouTube or Vimeo to the Contest Website.
The video and entry form (including all information entered into such form) is considered an “Entry”.
To enter, you must have either a YouTube® account or a Vimeo® account that is open to the public (an account where anyone can subscribe to follow the Participant’s videos). The Participant is not eligible through Vimeo to participate if his or her Vimeo account is set to the special private option (where a user must approve all “follow” requests). If you do not have a YouTube or Vimeo account, you visit www.youtube.com and/or www.vimeo.com to sign up. Becoming a registered user of these services is free of charge.
If selected as a National Finalist, you must have an Instagram® “content creator” account for the duration of the global competition.
All entries must be received by February 17, 2020 at 11:59 p.m. EST.
REQUIRED REPRESENTATIONS AND WARRANTIES: You must meet all of the following as applicable to your Entry. Failure to do so may result in your disqualification.
By entering, you represent and warrant with regard to your Entry:
(i) It is your own original work or you must have all the rights necessary to post or re-post the content. Each Entry must not contain any material that would violate or infringe upon the rights of any person or entity, including without limitation copyrights, trademarks or rights of privacy or publicity, or that is defamatory, threatening, indecent, obscene or offensive, or that is unlawful, in violation of or contrary to any applicable laws or regulations, or which requires a license from any third party.
(ii) You have the express written consent of any identifiable persons appearing or referenced in your Entry or entries to their Persona (as defined below) being used in the ways set out in these Official Rules, including Sponsor’s right to use your Entry or entries for any future commercial purpose without restrictions. Upon request, you will obtain written consent of any such persons for Sponsor in the form identified by Sponsor. If any person appearing in any Entry is under the age of majority in their jurisdiction of residence, the written consent and signature of a parent or legal guardian is required.
(iii) Except for the marks of the Sponsor (addressed below), the Entry does not reference any person other than entrant, or any names, products or services of any company or entity or any third-party trademarks, logos, copyrights, trade dress or promotion of any brand, product, or service. Sponsor grants you the limited permission to use its RED BULL mark in your Entry solely for purposes of entering. You shall immediately cease any and all use of the RED BULL mark upon expiration or termination of this Contest.
(iv) Your Entry is appropriate for public viewing. Without limiting the foregoing, your Entry is not lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, or otherwise contain content which Sponsor in its sole discretion decides is inappropriate or objectionable. Your Entry or entries must also not disparage or cast a negative light on any person, entity, or brand, product, or service.
(v) Your Entry complies with all of Sponsor’s, YouTube’s, and/or Vimeo’s (as applicable) requirements and terms regarding the use of their services.
Sponsor reserves the right in its sole discretion to not consider any Entry for the Contest if it believes the Entry violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these Official Rules. You agree to reimburse Sponsor in full in respect of any losses, damages, and expenses, including reasonable legal fees (including, where permitted, reasonable attorney fees) that they may sustain from the breach of a representation or warranty made by you or the use of any rights granted by you to Sponsor hereunder. By entering, you warrant that your Entry or entries comply with the requirements set out above including those at (i)–(v) above. By entering, you will and hereby do assign to Sponsor your full right, title and interest over your Entry, including any and all trademark, copyright, publicity and other intellectual property rights related thereto. Whenever requested by Sponsor, you will provide the necessary documents regarding the assignment to Sponsor and you will execute any documents that Sponsor might reasonably request for such assignment. In the event, and to the extent, that you cannot assign your Entry as a matter of law, you hereby grant to Sponsor a perpetual, irrevocable, exclusive, worldwide, royalty-free, sub-licensable, freely assignable license to reproduce your Entry and to otherwise use, exploit, copy, modify, adapt, edit, publish and display the Entry in any form, manner, venue, media or technology now known or later developed for any and all purposes, including, without limitation, for purposes of commercial or trade purposes, advertising, and promotion as Sponsor and its licensees or assignees determine, without further compensation, notification, or permission. Further, by entering, you hereby waive any moral rights you may have in any Entry in favor of the Sponsor.
By submitting your Entry you also grant to Sponsor the worldwide, perpetual, irrevocable, fully sub-licensable, and freely transferable right, but not the obligation, to use any and all names, identities, titles, likenesses, distinctive appearances, physical likenesses, images, portraits, pictures, photographs (whether still or moving), screen personas, voices, vocal styles, statements, gestures, mannerisms, personalities, performance characteristics, biographical data, signatures, and any other indicia or imitations of identity or likeness listed, provided, referenced, or otherwise contained in the Entry and/or image (all attributes, collectively, per person, a “Persona”) for purposes of advertising and trade, in any format, medium, or technology now known or later developed without further notice, approval, or compensation, unless prohibited by law.
There are two (2) components to the winner selection process for this Contest: (i) the Public Voting Period; and (ii) the Judging Panel Selection.
The eligible entries ranking in the top 25% of total votes received during the Public Voting Period will each be declared a Finalist. Notwithstanding the foregoing, a minimum of sixty (60) Finalists will be selected during the Public Voting Period.
Judging Panel. Between February 25, 2020 and March 8, 2020, after the close of the Public Voting, a panel of qualified judges selected in Sponsor’s sole discretion (the “Judging Panel”) will select fifteen (15) winners from among the eligible Finalists.
The Judging Panel will judge the entries based on the following criteria (“Judging Criteria”), weighted as follows: (a) charm of the applicants (25%); (b) energy (25%); (c) creativity (25%); and (d) adventure factor (25%).
The selected winners are subject to verification of eligibility and compliance with these rules. Limit one (1) prize per person and per household.
To be clear, the Judging Panel may review multiple entries that submit similar entries; in such a case, the Judging Panel may consider the timing of such entries in making its decision but will not be bound to designate as a potential winner the first submission of such similar entries. The selected winners are subject to verification of eligibility and compliance with these Official Rules.
PRIZE: Upon verification of eligibility and compliance with these Official Rules, the prize-winning Teams will each receive a prize package to attend and participate in the Red Bull Can You Make It? global contest, beginning April 20, 2020 (dates subject to change).
o Roundtrip airfare to the selected main event starting point in Europe (i.e., Barcelona, Milan, Budapest, Copenhagen, Amsterdam)
o Accommodations and food for the evening of April 20, 2020 at the designated global Starting Point and accommodations and food for the evening of April 28, 2020 at the global finish line location.
o Approximate retail value: $2,500 per person
All prizes are awarded “AS IS.” Neither Sponsor nor Sponsor Affiliates make or offer any warranty or guarantee, either express or implied (including, without limitation, quality, merchantability and fitness for a particular purpose) in connection with this Contest or any prize. No issuer of any offered prize is sponsoring this Contest. Prize details and availability are subject to change, in which case a prize of equal value may be substituted at Sponsor’s sole discretion. Prizes consist only of the items listed, are non-transferable, with no cash redemption or substitution except at Sponsor’s sole discretion. Sponsor will determine all prize details (brand, model, size, etc.) in its sole discretion. Federal, state, or local taxes on prizes, if any, and any other costs, fees or expenses not listed above are the sole responsibility of each winner. Potential winners must have valid passport and/or valid travel documents with at least six (6) months’ validity, as well as any required visas, to travel to Grand Prize destination at time of travel and be able to travel on required travel dates or the entire prize is forfeited.
No refund or compensation will be paid in the event of the cancellation or delay of any portion of the prize, or any portion thereof. Sponsor will not be liable if the event, or any portion of it, is cancelled or delayed. Sponsor may, in its sole discretion, attempt to reschedule for a future trip/event. The terms and conditions of the event tickets may govern if the event is cancelled due to weather, an act of God, an act of terrorism, civil disturbance or any other reason. Sponsor is not responsible for, and will not replace, lost, mutilated, or stolen event tickets, vouchers, wristbands, or certificates. Exact details, including seat locations, shall be determined in the sole discretion of Sponsor. Federal, state, and local taxes on prizes, if any, and any other costs, fees and expenses not listed above as specifically included as part of the prize are the sole responsibility of winner.
Travel-Related Prizes: All travel arrangements must be made through Sponsor’s agent. Any other costs and expenses associated with prize acceptance and use not specifically provided herein (such as security fees, gratuities, luggage fees, meals and transportation, service charges or facility charges, personal charges at lodging, security fees, taxes, and all other expenses not specified above) are the sole responsibility of winner(s). Prize winner may be required to present a credit card at time of accommodations check-in. Winner must possess and show valid travel documents, prior to departure (e.g., passport, visa, valid driver’s license, or other acceptable government-issued identification), and must sign a Release of Liability/Publicity and any other documents provided to him or her prior to ticketing. As applicable, once airline tickets have been ticketed, no changes will be permitted. Sponsor will determine airline, airports, flight itinerary, and hotel in its sole discretion. Travel and accommodation restrictions, conditions, and limitations may apply. Sponsor will not replace any lost, mutilated, or stolen tickets or travel vouchers.
NOTIFICATION: Potential winner(s) will be notified via direct message or email on or about March 8, 2020. If potential winners do not respond to the notification within a timely manner, as determined solely by Sponsor, Sponsor may conduct additional random drawings to select additional potential winners. Potential winner must respond to the notification message within half an hour of the announcement and provide all requested information within twenty-four (24) hours of the first contact or attempted contact from Sponsor. Sponsor may require winner(s) to complete, sign, and return an Affidavit of Eligibility/Liability Release/Publicity Release forms and other applicable documents. All required documents must be completed and returned to Sponsor within two (2) days of the date and time listed on the documents, but in no event later than the start of the Event. If a potential winner cannot be contacted, is disqualified, fails to timely execute and return any required forms, or cannot travel on the required day(s), an alternate winner may be selected from among the remaining eligible entries.
TO BE ELIGIBLE TO BE DECLARED THE WINNER, YOU MUST TRANSFER ALL INTELLECTUAL PROPERTY RIGHTS THAT YOU DO OR MAY HAVE IN THE ENTRY TO SPONSOR. BY ENTERING POTENTIAL WINNER EXPRESSLY AGREES TO COMPLETE ALL PAPERWORK REQUIRED TO COMPLETE THIS TRANSFER (THE “INTELLECTUAL PROPERTY ASSIGNMENT”) BEFORE HE OR SHE WILL BE PERMITTED TO CLAIM ANY PART OF THE PRIZE OR BE DECLARED THE WINNER.
NO LIABILITY & INDEMNIFICATION: By entering this Contest, you agree to release, discharge and hold harmless Sponsor, Sponsor Affiliates, YouTube, Inc., Vimeo, LLC, Instagram, Inc., and their respective directors, officers, employees, agents and assigns (the “Released Parties”) from any claims, losses, and damages arising out of, or relating to, your participation in this Contest or any Contest-related activities (including, without limitation, the concert) and the acceptance and use, misuse, or possession of any prize awarded hereunder (including, without limitation, any misrepresentation made by you in connection with the Contest; any non-compliance by you with these Official Rules; claims brought by persons or entities other than the parties to these Official Rules arising from or related to your involvement with the Contest; acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in this Contest; any malfunction, error or other problem arising in connection with the collection, processing, or retention of entry information; or any typographical or other error in the printing, offering or announcement of any winner). The foregoing includes, without limitation, any claim for personal injury, property loss or damage, or death arising in any way in connection with the Contest.
If Sponsor’s use of your Entry causes Sponsor to be subject to a claim by any third party (including, but not limited to, a claim of infringement), you agree to indemnify and hold harmless the Released Parties, and all persons acting by, through, under or in concert with them, against any and all damages, costs, judgments and expenses (including reasonable attorney’s fees) which the Released Parties (or any one of them) may incur as a result of the use of your entry.
OTHER TERMS: Decisions of Sponsor on all matters related to the Contest are final and binding. Sponsor reserves the right to cancel or modify the Contest for any reason, including but not limited to, if fraud, misconduct or technical failures destroy the integrity of the Contest, or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper administration of the Contest as determined by Sponsor, in its sole discretion. Sponsor reserves the right to disqualify or prohibit the participation of an individual if fraud or tampering is suspected, or if the individual fails to comply with any requirement of participation or with any provision in these Official Rules. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL & CIVIL LAWS. SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND/OR SEEK DAMAGES FROM ANY INDIVIDUAL MAKING ANY SUCH ATTEMPTS TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.
GOVERNING LAW & MANDATORY ARBITRATION: Any disputes arising under this Contest and/or these Official Rules will be governed by relevant U.S. federal statutes and regulations and the internal laws of the State of California. Sponsor and each entrant agree that any such claim or dispute between the parties, or between a party and any agent, employee, successor, or assign of the other, related to this Contest and/or these Official Rules (including the applicability of this arbitration clause) shall be resolved by binding arbitration administered by the JAMS under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS’ website (www.jamsadr.com) or by calling JAMS at 949-224-1810. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.
RIGHT TO DISQUALIFY: Sponsor reserves the right to disqualify or prohibit the participation of an individual if fraud or tampering is suspected; if the individual fails to comply with any requirement of participation or with any provision in these Official Rules; if the individual’s behavior or communication at any point is disruptive, may or does cause damage or to any person, property, or reputation of Sponsor, or is otherwise not in accordance with all applicable laws and generally accepted social practices as determined in Sponsor’s sole discretion.
SEVERABILITY: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
WINNER ANNOUNCEMENT: To obtain a list of winners, visit canyoumakeit.redbull.com after March 9, 2020.
NO AFFILIATION: This Contest is in no way sponsored, endorsed or administered by, or associated with, YouTube, Vimeo, or Instagram. Any questions, comments or complaints regarding the Contest should be directed to Sponsor.
SPONSOR: Red Bull North America, Inc., 1740 Stewart Street, Santa Monica, CA 90404.