11/5/2013
BINDING AGREEMENT: In order to enter the Contest, you must agree to the Rules. Therefore, please read these Rules prior to entry to ensure you understand and agree. You agree that submission of an entry in the Contest constitutes agreement to these Rules. You may not submit an entry to the Contest and are not eligible to receive the prizes described in these Rules unless you agree to these Rules. These Rules form a binding legal agreement between you, Vonazon, Inc. and BlueSky Marketing Group, Inc., (“Bluesky Auto Finance”) with respect to the Contest.
Eligibility: Offered only in the 50 United States and the District of Columbia and is open only to legal U.S. residents of such jurisdictions who, as of date of entry, are 18 years of age or older and hold a valid driver’s license. Contest is void where prohibited by law.
Contest Period: Contest begins on November 5th, 2013 and ends on November 30th, 2013.
Background: The purpose of this Agreement is to effect a full and complete assignment of all intellectual property rights of the tagline depicted on Addendum “A” (herein referred to as the “tagline”), as is legally permissible from Entrant to Vonazon, Inc. and BlueSky Auto Finance.
Entrant Assignment: Entrant hereby assigns all intellectual property legal rights, title and interest
in the tagline to Vonazon, Inc. and BlueSky Auto Finance. Such assignment includes, by way of illustration and not limitation, all copyright, derivative, and/or trademark rights that now exist or come to exist in the future. This includes, again by way of illustration and not of limitation all rights, license by implication, estoppel, or otherwise in or under any trademark, copyright, or proprietary right of Entrant or of any third party.
Use: This agreement is with the understanding that to Vonazon, Inc. and BlueSky Auto Finance may develop, license, publish, broadcast or otherwise display publicly the tagline and any derivatives thereof. Further consideration, beyond this Agreement is hereby, explicitly foregone. This agreement is regardless of any future value as may accrue to the tagline and is with the express understanding than any future value is due to the sole efforts of to Vonazon, Inc. and BlueSky Auto Finance. By assigning these rights here Entrant has irrevocably foregone any further claims of ownership to the tagline, to the extent allowed by law.
Originality: Entrant hereby represents that he is the sole author of this tagline, that this concept is original and compromises no part, either in full or in part, of any other copyrighted,
trademarked, or proprietary tagline, mark, or trade dressing. Entrant hereby warrants that Entrant has performed a trademark and copyright search and hereby warrants and guarantees that this tagline is an original work of authorship.
Warranty/Guarantee: Entrant hereby warrants and guarantees that should any future claim to ownership, origination or authorship occur, now or in the future Entrant will be solely responsible for
all and any legal costs incurred in defending such a suit or infringement action.
Limitation of Liability: IN NO EVENT SHALL Vonazon, Inc. or BlueSky Auto Finance BE LIABLE TO ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORY (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM OF AUTHORSHIP, ORIGINATION, OR OWNERSHIP OF THIS TAGLINE.
Indemnification: Entrant will defend, indemnify, and hold harmless SHALL Vonazon, Inc.,BlueSky Auto Finance and any affiliates, employees, directors, and representatives against any claim or action brought by a third party, to the extent relating to the ownership, licensing, origination or authorship of this tagline. Entrant will pay any award against Vonazon, Inc. and BlueSky Auto Finance or their affiliates, employees, directors, or representatives and any costs and attorneys’ fees reasonably incurred by Vonazon, Inc. and BlueSky Auto Finance resulting from any such claim or action.
Governing Law: THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICT OF LAW RULES. ENTRANT HEREBY IRREVOCABLY AND UNCONDITIONALLY SUBMITS TO THE EXCLUSIVE JURISDICTION OF ANY STATE OR FEDERAL COURT SITTING IN VENTURA COUNTY OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT.
Prizes/ Odds of Winning: Grand Prize – the prizes will be awarded as a gift card in the amount of $100 for 3rd place, $200 for 2nd place, and $300 for 1st place. TOTAL VALUE OF ALL PRIZES: $600. Gift card is subject to terms/conditions indicated thereon. Sponsor will determine gift card issuer in its sole discretion. Limit of one (1) prize per person/address/family/household. No prize substitution except by Sponsor due to prize unavailability for any reason and only then for prize of equal value.
Prizes are not transferable. Any expenses related to acceptance/use of prize which are not specified in these Official Rules as well as any applicable taxes on prize are winner’s sole responsibility.
FORCE MAJEURE: If, for any reason, the Contest (or any part thereof) is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, fire, flood, storm or other natural cataclysm, riot, strike, civil commotion, governmental regulation or any other causes beyond the control of Sponsor which, in its sole opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest (or any part thereof), Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest and conduct the Contest and select the prize winner(s) for affected drawing(s) from among all eligible entries received for such affected drawing(s) prior to and/or after (as appropriate) the action taken by Sponsor or otherwise in a manner which is fair, equitable and in accordance with these Official Rules, as determined by Sponsor in its sole discretion. Notice of such action by Sponsor will be posted on the BlueSky Auto Finance website page.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above.
