REAL VITAMIX® LEGENDS CONTEST OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR TO WIN
CONTEST PERIOD: The Real Vitamix® Legends Contest (“Contest”) begins on September 6, 2022, at 7 a.m. Eastern Daylight Time and ends at 11:59 pm Eastern Daylight Time on October 18, 2022.
SPONSOR AND ADMINISTRATOR: The sponsor of this Contest is Vita-Mix Corporation, 8615 Usher Road, Olmsted Falls, Ohio 44138 (“Sponsor”). The administrator of this Contest is Marcus Thomas LLC, 4781 Richmond Road, Cleveland, Ohio 44128 (“Administrator”).
ELIGIBILITY: The Contest is open only to individuals who are 18 years of age or older at the time of entry and who reside in the United States or Canada (excluding residents of the Province of Quebec) (“Eligible Participants”). One entry per individual throughout the event is allowed. Sponsor, Administrator, and their employees and each of their immediate family members (e.g., spouse, parents, children, and siblings, and their respective spouses, regardless of where they live) and individuals living in the same households as each of those individuals, whether related or not, are not eligible to enter or win. This Contest is void where prohibited.
HOW TO ENTER:
To enter, create a video that (1) shows a Vitamix machine in use, and (2) tells us about the machine, including the age of the machine (“Video”). Entrants may be asked to validate certain components of their entry, including, but not limited to, the working condition of their machine.
After creating the Video, to complete the entry, entrants must enter via one of the following methods:
A. Via Facebook: During the Contest period, visit the Vitamix Facebook page at https://www.facebook.com/VitamixCorporation and post the Video to the Vitamix timeline. Posts must include the hashtags: #RealVitamixLegends.
B. Via Instagram: During the Contest period, follow @vitamix on Instagram. Use the Instagram application to upload the Video to your Instagram account. Posts must include the hashtags: #RealVitamixLegends.
D. Via TikTok: During the Contest period, follow @Vitamix on TikTok and post the Video from your TikTok account. Posts must include the hashtags: #RealVitamixLegends.
E: Via the Contest Website: During the Contest period, visit the Contest website at https://photos.pixlee.co/standalone?widget_id=9784391, complete the entry form, and upload your Video.
Entry methods A-D require an account with the respective social media platform. Accounts are free to create and may be created by visiting the respective social media platform’s website. Only entries submitted via the methods above are eligible. Entries submitted via any other method will NOT be accepted. Entries must be received no later than the close of the Contest period. Duplicate entries will be disqualified. Entries generated by script, macro, or other automated means are void, as are entries that are illegible, garbled, incomplete, or that contain errors. The entry post and/or account for entry methods A-D must be set to public during the Contest period and twenty (20) days thereafter. Sponsor is not responsible for entries that are unavailable due to privacy restrictions set by the social media platform or the entrant.
Entries (i) must be the original and sole creation of the submitting entrant, and all right, title, and interest, including, but not limited to, the copyright in any entry, must be owned solely by the submitting entrant; (ii) may not have been submitted in any other competition, (iii) may not have been published; (iv) may not infringe upon any third party’s rights, including, but not limited to, copyright, patent, or trademark, or rights of privacy or publicity, or contain material that is or may be considered defamatory, slanderous, or libelous, or portray or depict any person, product, or entity in a false light; (v) must comply with the social media platform community guidelines; (vi) may not violate any law, rule, or regulation; (vii) may not contain any virus, bugs, or other deleterious material; (viii) may not contain inappropriate content, for example, but not limited to, profanity, defamatory statements, words or symbols widely considered offensive to individuals of any certain race, ethnicity, religious, sexual orientation, or socioeconomic groups, or threats to any person, place, business, or group. If any individuals other than the entrant appear in the Video, then the entrant must have the permission of the individuals (or their parent’s or legal guardian’s permission if individuals are minors) to use the audio and visuals of everyone who is featured in the Video in any and all media without compensation. Proof of such permission may be required at Sponsor’s discretion. Each entrant warrants and represents that his/her entry complies with all of these conditions. Any non-complying entry will subject the entrant to disqualification in Sponsor’s sole discretion. By submitting an entry, the entrant grants Sponsor a worldwide, royalty-free license in any and all media, now known or hereafter created, to copy, prepare derivative works, and distribute the entrant’s entry materials.
The Sponsor will manage the entries, conduct the contest process with the Administrator, and distribute the prizes.
DETERMINATION AND NOTIFICATION OF WINNERS:
Six (6) finalists will be selected based on the age of the machine in the Video. The entrants with the six (6) oldest machines will be entered into a tournament bracket. The top six (6) will be placed in order of: 1, 2, 3, 4, 5, and 6, based on the age of the machine. In the event of a tie as to the age of the machine, the earlier date and time of entry will break the tie. Sponsor and Administrator’s decisions regarding the machine age are final.
The finalists will be placed in a tournament with three (3) rounds of head-to-head voting challenges decided on by Sponsor’s social media community. The six (6) finalists will be paired as follows: Round 1: 1 and 2 will have a bye, Match 1 (3 vs. 6), and Match 2 (4 vs. 5); Round 2: Match 3 (winner of Match 1 vs. 2) and Match 4 (winner of match 2 vs. 1); Round 3: Match 5 (winner of Match 3 vs. winner of Match 4). The voting will begin when the finalist Videos are posted on Sponsor’s Instagram page on or about 9:00 a.m. EDT on October 24, 2022, and will end at 5 p.m. EDT on October 28, 2022 (“Voting Period”). During the Voting Period, the public can visit Sponsor’s Instagram page and may vote on their favorite entry based on the originality and creativity of the Video. The entrant in each pair with the highest number of valid votes at the end of the Voting Period will be declared a potential winner. In the event of a tied score, the entrants involved in a tie will be reviewed by an additional judge appointed by Sponsor who will serve as a tiebreaker and who will evaluate the entries according to the aforementioned judging criteria.
ONLINE VOTING RULES: Any individual with an Instagram account will be able to vote during the Voting Period. Limit one vote per individual per pairing. All online voting will be under the supervision of Sponsor and Administrator whose decisions are final in all matters relating to this Contest. Any use of agencies, robotic, repetitive, automatic, programmed, or similar voting methods or agents will void all votes by that person. Offers to pay for votes or offers for like-kind exchanges are not permitted. Use of personal social media accounts, blogs, and websites to direct participants to voting sites is permissible.
All potential winners will be contacted via email or direct message on or before October 31, 2022, and must respond within seventy-two (72) hours to coordinate prize acceptance/fulfillment. As a condition of receiving a prize, the potential winner will be required to complete, sign, and have notarized an affidavit of eligibility, a liability release, and copyright assignment, or similar documents, as outlined by Sponsor and, except where prohibited by law, a publicity release. If a potential winner fails to respond in a timely manner, then the prize allocated to that entry may be awarded to the other entrant within their pairing. If the other entrant does not respond in a timely manner, then the prize allocated may be awarded to remaining entrants based on the earliest date of entry. If no remaining entrants from other pairs are available, then the prize will not be awarded.
SPONSOR AND ADMINISTRATOR DECISIONS ARE FINAL AND BINDING: The results of the Contest, all decisions by the Sponsor or Administrator related to whether an entry complies with the rules, and the interpretation by Sponsor or Administrator of these rules are final and binding on all entrants and other participants as to all aspects of this Contest.
PRIZES: One (1) Grand Prize: The winning entry from the tournament will win a Vitamix A3500 Ascent® Series blender in the Brushed Stainless finish with a 64-oz. container and 12-cup Food Processor Attachment with the SELF-DETECT® technology bundle ($1,004.30 USD value) and a Vitamix trip (“Trip”). Trip includes a tour of Vitamix Headquarters for the winner and a guest, airfare vouchers for two from the nearest major airport to Cleveland, Ohio, one (1) night hotel lodging (double occupancy), and two (2) tickets to a Cleveland sports game ($1,480.00 USD value). The actual value of the grand prize may vary based on point of origination and airfare/hotel fluctuations. The grand prize winner and guest must possess required travel documents (e.g., valid government-issued photo ID) prior to departure. If the grand prize winner resides within three hundred (300) miles of Cleveland, Ohio, then alternate travel arrangements may be made by Sponsor and/or the grand prize winner and the value of the prize may be adjusted accordingly, at Sponsor’s sole discretion. The grand prize winner and guest may be required to travel together from the same airport. The Grand Prize winner must plan Trip with Sponsor and travel on the specified dates during 2023 or Trip will be forfeited. Travel arrangements are to be determined and are subject to availability and some restrictions may apply. Travel is subject to airline schedule changes. The grand prize winner will not receive cash or any other form of compensation if actual travel costs are less than the estimate made in these Official Rules. Sponsor will not replace any lost, mutilated, or stolen tickets. The grand prize winner is responsible for meals, taxes, gratuities, incidentals, travel upgrades, fees, service charges, surcharges, insurance costs, other ground transportation, and all other expenses not expressly specified herein.
Sponsor reserves the right to not award any part of the grand prize if the grand prize winner cannot or has not represented him or herself in a professional manner at the sole discretion of Sponsor. In the event Sponsor does not award any part of the grand prize, no compensation or substitution for such portion of prize will be provided; however, the remainder of the prize package will be awarded, and Sponsor will have no further obligation to the winner.
If, for whatever reason, the sporting event associated with the grand prize is cancelled after the grand prize is awarded, then Sponsor’s liability for the grand prize is limited only to the non-sporting event portions of the grand prize. No compensation will be paid in lieu of the cancelled sporting event. The grand prize consists only of items specifically listed as part of the grand prize. Certain conditions and restrictions apply. The grand prize is nontransferable, and no substitution or cash equivalent is allowed, except in Sponsor’s sole discretion.
One (1) Second Prize: The loser of match 5 will receive a Vitamix A3500 Ascent® Series blender in the Brushed Stainless finish with a 64-oz. container and an Aer™ Disc Container ($869.30 USD value).
Four (4) Third Prizes: Remaining finalists will each win a Vitamix Immersion Blender Bundle with Whisk, Blending Jar, and Mini Chopper ($189.95 USD value).
Approximate retail value of all prizes is $4,113.40. Sponsor reserves the right to substitute a prize (or portions thereof) of equal or greater value if prize (or portions thereof) cannot be awarded as described. Sponsor will determine all elements of prizes in its sole discretion. Prizes may not be assigned, transferred, changed, or redeemed for cash, except at the sole discretion of Sponsor. The awarding of any prize is contingent upon full compliance with these Official Rules. Entrants agree to be bound by Official Rules. Entrants understand that Sponsor is not liable for injuries, losses, or damages of any kind arising from participation in this Contest and acceptance, possession, and use of prize. Prize winners are solely responsible for payment of all federal, state, and local taxes on the prize value awarded and for all costs and expenses not specified herein. Prize winners may be required to provide their valid Social Security number to Sponsor for tax purposes and/or complete an IRS W-9 form to claim a prize.
ODDS: The odds of winning a prize depend on the total number of eligible entries received during the Contest period. As this is a contest of skill and creativity, winning is dependent upon the quality of entries received and the skill of the individual entrants.
CONDITIONS OF PARTICIPATION: By entering, you agree to be bound by these Official Rules, including all eligibility requirements and the decisions of the Sponsor and Administrator that are final and binding. By entering the Contest or accepting a prize, each winner irrevocably consents to the use of his/her name, address (city and state), image, likeness, photograph, voice, their Vitamix machine, and all other material submitted with the entry, along with biographical material for advertising, publicity, and promotional purposes by Sponsor, or a party designated by the Sponsor, in any and all media now known or hereafter devised, including, but not limited to, the internet, worldwide, in perpetuity, without additional compensation, notification, or permission, except where prohibited by law. By entering, you irrevocably agree to release and hold harmless Administrator, Sponsor, Meta Platforms, Inc., Twitter, Inc., and TikTok, Inc. together with their respective officers, employees, agents, shareholders, members, affiliates, and related companies from any claims, actions, injury, loss, or damage of any kind, including, but not limited to, personal injury or death, resulting, directly or indirectly, in whole or in part, from participating in this Contest or from the acceptance, possession, or use or misuse of a prize, or from Sponsor use of a winner’s image, likeness, photograph, voice, or other biographical material. This limitation of liability is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect, or consequential damages; loss of data, income, or profit; loss of damage to property; and claims of third parties. Entrants agree that neither Sponsor or Administrator has made or is in any manner responsible or liable for any warranty, representation, or guarantee, statutory, express, or implied (including, but not limited to, the implied warranties of merchantability, title, and fitness for a particular purpose), in fact or in law, relative to the Contest or prizes awarded. Entrants agree they have the full legal right to submit all information, images, and other materials submitted as part of the entry.
GENERAL: Sponsor reserves the right, in its sole discretion, to cancel or suspend any part or all of this Contest at any time without notice for any reason, including, if in the opinion of the Sponsor, there is any suspected or actual evidence of electronic or other tampering with any portion of the Contest; or if any technical issues, bugs, nonauthorized human intervention, or other causes corrupt or impair the administration, security, fairness, integrity, or submission of entries of the event. In the event of cancellation or termination, Sponsor may, at its sole discretion, void all entries. Sponsor may at its sole discretion void any entries that it considers to be in bad taste. Caution: Any attempt by an entrant or any other individual to deliberately damage or undermine the legitimate operation of the Contest may be in violation of criminal and civil laws, and, should such an attempt be made, the Sponsor and Administrator reserve the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law, including criminal prosecution. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. Sponsor reserves the right in its sole discretion to disqualify entrants who violate these Official Rules or interfere with this Contest in any manner. By entering, you also acknowledge that this Contest is subject to the policies of Meta (Facebook and Instagram), TikTok, or Twitter and is in no way sponsored, endorsed, administered by, or associated with Meta (Facebook and Instagram), TikTok, or Twitter.
DISPUTES: By submitting an entry, you agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the state of Ohio; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering a Contest, but in no event attorneys’ fees or expenses; and (c) you waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest shall be governed by, and construed in accordance with, the laws of Ohio, without giving effect to any choice of law or conflict of law rules (whether of the state of Ohio or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of Ohio. Venue as to any dispute shall vest in the state and federal courts of Cuyahoga County, Ohio. In the event of a dispute in connection with the identity of the individual who submitted an entry, the entry will be deemed to have been submitted by the authorized account holder of the email account identified on the entry form or with the respective social media platform, provided that such person satisfies all other Contest eligibility requirements. The authorized account holder is deemed to be the natural person who is assigned to an email address by an internet access provider, service provider, or other online organization that is responsible for assigning email addresses for the domain associated with the submitted email address.
WINNERS’ NAMES: For the names of the winners, available after November 7, 2022, mail a self-addressed, stamped envelope by no later than December 31, 2022, to Marcus Thomas LLC, 4781 Richmond Road, Cleveland, Ohio 44128.