These terms and conditions describe legal requirements and restrictions for each entrant ("Entrant") in the contest sponsored by the Specialty Equipment Market Association ("SEMA") known as SEMA Battle of the Builders® Contest (the "Contest" or “SBOTB”) which will take place on November 2-5, 2021 at the 2021 SEMA Show in Las Vegas, Nevada.
By participating in SBOTB, Entrant agrees to be bound by these Official Terms and Conditions, all applicable federal, state, and local laws, and the judging decisions of SEMA. These Rules form a binding legal agreement between You and SEMA with respect to the Contest. SEMA reserves the right to cancel, modify, or suspend the Contest in its sole discretion. If you wish to withdraw your entry from SBOTB, you must inform SEMA in writing by email directed to email@example.com by October 15, 2021.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE, PAYMENT, OR FINANCIAL CONTRIBUTION OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. Void where prohibited or restricted by law. All Federal, state, and local laws and regulations apply.
SEMA is a section 501(c)(6) organization (“SEMA” or “Sponsor”), 1575 S. Valley Vista Drive, Diamond Bar, CA 91765. This Contest begins on May 3, 2021and ends on November 5, 2021.
Each Entrant must submit an online application by visiting www.semabotb.com or www.semayoungguns.com. As part of the application, Entrant must submit photos and a written description of the Entrant’s vehicle. Entrant must select one category to enter: Hot-Rod, Truck/Off-Road, Sport-Compact, or Young Guns. Entrants must have a valid driver’s license, be a U.S. citizen or legal permanent resident or a citizen of Canada. The final deadline for all submissions to the SBOTB is 5:00 p.m. Pacific Daylight Time on Friday October 15, 2021.
The Young Guns category will consist of Entrants who are at least 18 years old (except residents of Alabama and Nebraska, who must be 19 years of age or older) but less than twenty (28) years old as of November 5, 2021. An eligible Entrant may enter SBOTB by submitting an online application for a vehicle that is properly registered and accepted to display as a “Feature Vehicle” or “Booth Vehicle” at the SEMA Show. Or eligible Entrants may enter the Young Guns category of the SBOTB through selection at one of the Young Guns Regional Qualifiers/Virtual Young Guns or through the Online Fan Vote. Due to cancellations related to COVID-19, some of the Regional Qualifying Events may be held online only (Virtual Young Guns). The use of the term Regional Qualifying Events used herein also includes Virtual Young Guns, except where noted.
When participating in Young Guns and SBOTB, Entrant agrees to comply with all applicable international, federal, state, and local laws and orders, including but not limited to those related to COVID-19, and including but not limited to quarantine, face coverings, and physical distancing.
An Entrant may enter more than one vehicle but a vehicle which has previously won SBOTB, a Regional Qualifying Event or FanVote (a Golden Ticket) at any time are not eligible to enter.
Entrant acknowledges that only a single name can be entered on the application and represented in the final build submission.
By submitting content to SEMA for SBOTB, Entrant grants SEMA a perpetual, non-exclusive, transferable, irrevocable, royalty-free, worldwide right and license to use, reproduce, display, and distribute any content Entrant submits. Any content submitted will not be returned by SEMA.
Industry experts will serve as judges and will review all qualifying applications, including vehicle descriptions and photos. Judges will walk the SEMA Show floor to review builds in-person before selecting up to the Top 10 finalists in each category (10 from the hot-rod category; 10 from trucks/off-road category; 10 from sportcompact category; and 10 from the Young Guns category). After these Top 40 finalists are announced on the opening day of the SEMA Show, the judges will narrow the finalists down to the Top 12, regardless of the category. These Top 12 finalists become the judges, and they will select from amongst themselves who is ultimately named the top Builder of the SEMA Battle of the Builders®.
Judges will review all show vehicles qualified to display at the 2021 SEMA Show. Not all vehicles entered and eligible for the SBOTB competition will be visited during the SEMA Show. Judges will make their determination of which vehicles to see based on the materials submitted by the Entrant during the application process. All decisions of the judges are final.
The SBOTB is open to any builder who will have a vehicle on display at the 2021 SEMA Show. Entrant may submit a vehicle that is properly registered and accepted to display as a “Feature Vehicle” or “Booth Vehicle” at the 2021 SEMA Show. Entrants must be at least 18 years of age (except residents of Alabama and Nebraska, who must be 19 years of age or older) as of the date of application. Entrants into the Young Guns category must also be twenty-seven (27) years or younger as of November 5, 2021.
Directors, officers, employees, and interns of SEMA, any of its affiliated or related organizations, web masters and web suppliers, vendors, agents, professional advisors, consultants, contractors, and immediate families of each (parents, spouse, life partners, children or siblings, wherever they reside) and members of the households (whether related or not) are not eligible to enter.
Approval to display feature vehicles is at the sole discretion of the SEMA Show and not automatically granted with an application to the SBOTB program. The company sponsoring Entrant’s vehicle at the 2021 SEMA Show must be registered to attend and exhibit at the 2021 SEMA Show and must actually attend and exhibit at the 2021 SEMA Show.
Entrant, the Entrant's vehicle, and the company sponsoring Entrant's vehicle must comply with all applicable SEMA Show rules, including, but not limited to, SBOTB Rules, the SEMA Show Exhibitor Rules and Regulations, the SEMA Intellectual Property Rights Policy, the SEMA Show Exhibit Display Regulations, the SEMA Show Promotion and Contest Rules, the Freeman Contractor Regulations, the SEMA Show ExhibitorAppointed Contractor Guidelines, the SEMA Show Non-Exhibiting Companies/Outboarding Policy, the SEMA Show Lighting Restrictions, the SEMA Show Permit Rules, and SEMA Show Feature Vehicle, Booth Vehicle and Display Vehicle policies, the Young Guns Rules (if applicable), and the Online Fanvote Rules (if applicable). Failure to properly register or display the vehicle at the 2021 SEMA Show or comply with all applicable SEMA Show rules may result in disqualification of Entrant from SBOTB. (For additional information on registering a feature vehicle, please visit the Exhibitor Manual at www.semashow.com.)
Entrant affirms that he or she contributed greater than 51% of the overall build. Entrant will be disqualified from SBOTB if it is determined that Entrant has misrepresented or fabricated his or her involvement with the selected build.
Entrant’s vehicle must be a vehicle with a minimum of four wheels, must not be a tow vehicle, not a two-wheel vehicle, and may not be a vehicle in tow. All vehicles considered for the SBOTB competition must be capable of travel under its own power of no less than 100 yards. (Power is defined as internal combustion, hybrid, alt fuel or electric.). Entrant must have a valid driver’s license.
THE CONTEST IS VOID IN ANY JURISDICTION IN WHICH IT IS PROHIBITED BY LAW. NO PURCHASE NECESSARY TO ENTER OR WIN THE CONTEST.
A builder may enter the SEMA Battle of the Builders as many times as they would like. Any person entering the Contest covenants and agrees to be bound by these Official Contest Rules herein and may be required to execute and deliver such other documents SEMA may deem appropriate. SEMA retains the ultimate decision, in its sole discretion, as to which Contest Entrants are eligible and reserves the right to cancel or reject any entries for any reason or for no reason. SEMA’s failure to enforce any term of these Rules shall not constitute a waiver of that term.
By submitting an entry, Contest Entrant agrees to these Official Rules, which are final and binding in all respects, and further agrees not to sue or assert any claim against SEMA in connection with the Contest; provided, that if applicable law prohibits such a covenant, release or waiver of claims, Contestant hereby waives the right to seek or accept damages in any proceeding and to reimburse Sponsor for any and all expenses or costs associated with such claim (including attorneys’ fees, court costs and the amount of any judgment or settlement).
TOP TEN (40 Competitors): Inclusion on show meter panel displays.
TOP 12 (12 Competitors): Inclusion on show meter panels. Listing in SEMA Publications. SEMA Battle of the Builders Jacket.
TOP 4 (Four Competitors): Trophy
GRAND PRIZE: (One Competitor) Trophy
The prizes being awarded may constitute income under applicable federal, state, and local tax laws. All taxes on or in connection with prizes, and the reporting consequences thereof, are the sole and exclusive responsibility of the prize-winning company. Tax liability is based on the value of the prizes. If required, a winner is responsible for providing a Social Security Number and other necessary information to Sponsor for the purpose of filing a Form W-9, Form 1099G, Form W-8BEN or other applicable forms with the Internal Revenue Service.
SEMA is not responsible for any problems related to participation in or use of the prize, including, but not limited to, quarantine, outbreak of disease, theft, delay, loss, or other issues. If a winner does not accept the prize and/or does not agree to be bound by these terms upon being contacted by SEMA, the prize shall be forfeited, and SEMA may award the prize to an alternate.
The prize is non-transferable and non-assignable and may not be redeemed or exchanged for cash or other alternative goods or services.
SEMA reserves the right to substitute prizes. Any difference in prize value as a result of such substitution will not be awarded. No transfer, substitution or cash equivalent for prizes is allowed, except at Sponsor’s sole discretion. Odds of winning depend upon the number of Contest Entrants.
Should a winner choose not to accept the prize, if winner fails to return any required winner affidavit and release materials, or if two (2) attempts to contact winner by phone and/or email are not successful, or if prize is not otherwise claimed, there is no cash option, and the prize is forfeited. Sponsor may require winner to sign an affidavit of eligibility and liability/publicity release. Prize may not be redeemed or exchanged for cash or other alternative goods or services, except that Sponsor reserves the right to substitute a prize of equal or greater value for the prize or any part of it. A forfeited prize may be awarded to an alternative winner. These Rules apply to all Contest Entrants. Sponsor shall make all determinations as to whether the Rules have been met and the decision of the Sponsor is final. The winner will be notified by telephone and/or other means within 24 hours of the winner being announced. To claim the prize, the winner should follow the instructions and comply with the conditions contained in the notification by the deadline for response or the prize will be forfeited. In the event that potential winner does not respond to Sponsor’s attempts to contact them or are otherwise disqualified such that Sponsor is unable to award the prize, Sponsor may award the prize to another Contest Entrant. Award of the prize will be made upon written acknowledgement of, and full compliance with, the requirements listed herein, including but not limited to, execution of any required affidavit of eligibility, release of liability, and tax-related documents, as well as any other legal, tax or regulatory documents required by Sponsor in its sole discretion. Winners/finalists must satisfy all eligibility requirements before the prize is awarded. For the name of the winners, send a properly stamped self-addressed envelope, to be received by November 9, 2022 to SEMA, Attn: SEMA Marketing Department. Vermont residents may omit return postage.
Except as specifically provided herein, the prizes do not include taxes, insurance, telephone charges, personal expenses, travel arrangements between winner's/finalist’s home and The SEMA Show/live event, ground transportation, gratuities, passenger facility charges (PFCs), departure taxes, insurance, incidental charges, or any other item not specifically described in these Official Rules, and all expenses for any of the foregoing are the sole responsibility of the prize winner. Winner must be able to travel on dates specified by Sponsor. If Sponsor cannot find a winner who meets the requirements, the prize may not be awarded. Prize cannot be used in conjunction with any other promotion or offer and may not be separated. The prize may not be transferred or assigned except by Sponsor. Only the listed prize will be awarded and no substitutions, cash equivalents or redemptions will be made, except that Sponsor reserves the right to substitute any prize package with another prize of equal or greater value in the event that the advertised prize (or any component thereof) is not available. Reporting and payment of all applicable taxes, fees, and/or surcharges, if any, arising out of, or resulting from, acceptance or use of prizes, are the sole responsibility of the winner. Sponsor expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use of the prizes awarded. Sponsor makes no representations or warranties concerning the appearance, safety or performance of any prize awarded. Restrictions, conditions, and limitations apply. Sponsor will not be liable for or replace any lost or stolen prize items.
The prize is awarded as is and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Sponsor expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use of, or participation in, the prizes awarded. Sponsor makes no representations or warranties concerning the appearance, safety or performance of any prize awarded. Restrictions, conditions, and limitations apply. The winner shall bear all responsibility for use of the prize in compliance with any conditions, and any additional costs associated with its use, service, or maintenance.
All expenses associated with the prizes not specifically specified in these rules are the sole responsibility of the winner. Winner is responsible for any taxes including all Federal, State and Local taxes, if any, as well as any other taxes payable due to acceptance of the prize.
Odds of winning depend upon the number of Contest Entrants
Except where prohibited by law, by submitting the Entry and application each Contest Entrant grants permission to post his/her name, the content submitted and the Entry on the website for purposes of the SBOTB and further grants to SEMA, SEMA Ignited, the SEMA Show, the unconditional, unlimited, irrevocable, perpetual, royalty-free, non-exclusive, transferable right to publish, display, broadcast, reproduce, use, sublicense (through multiple tiers), adapt, edit and/or modify, and create derivative works from, any such Contest entry, content, and Contest Entrant’s name, voice, signature, photograph, likeness, and any other characteristics of Entrant’s persona or personality in any way, in any and all media whether now or hereafter known, without limitation and for any purpose (including commercial purposes, advertising, publicity, fundraising, promotion and sales), and without consideration to the Contest Entry and without further consent, compensation or approval, whether or not such entry is selected as a winning entry, along with the right of attribution. Entries are not guaranteed to appear in any communication of Sponsor and Sponsor shall not incur any liability to the extent Sponsor chooses to refrain from using such information or Entry. Entrant hereby waives any right to inspect or approve SEMA’s or its affiliate’s use of Entrant’s name, voice, signature, photograph, likeness, image, persona, or personality in any work created in connection with SBOTB.
To the extent permissible under state and federal law, SEMA, its agents, representatives, affiliates, successors and assigns shall not be responsible for any damage or injury to Entrant, his/her agents, affiliates, employees or property incurred by reason of SEMA's or its agent's use of Entrant's name, voice, signature, photograph, likeness, image, persona or personality, and Entrant hereby expressly releases and holds SEMA, its agents, representatives, affiliates, successors and assigns harmless from such liability, including, but not limited to, any and all claims based on libel, slander, invasion of the right of privacy, misappropriation of name or likeness, or violation of the right of publicity.
Entrant hereby releases, discharges, and agrees to release and hold harmless SEMA, its agents, representatives, affiliates, successors, and assigns from any liability, including, without limitation, any claims for libel, slander, or invasion of privacy, incurred by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur in any works incorporating Entrant's name, voice, signature, photograph, or likeness, or in any reproductions thereof, as well as in any subsequent processing, broadcast or publication thereof.
Entries and other submitted content become the property of Sponsor and will not be acknowledged or returned. Sponsor is not responsible for any unauthorized third-party use of any Entry.
Except where prohibited by law, entry submission grants Sponsor the right in perpetuity to edit, adjust, modify, abridge, condense, and/or excerpt your entry, content and/or comments in any way, in any and all media without limitation, without compensation, and/or without notification to Entrant or any third party included in the entry. The publication and/or other public use of your entry or a portion of your entry does not indicate that it is a winning entry in the Contest.
Except where prohibited by law, in accepting the prize, Entrant consents to having his/her name, photograph and content published and used in a variety of media, including, but not limited to exhibits, advertising publications, the World Wide Web, marketing materials, publicity, promotion, editorial or illustration or for any other purpose that Sponsor deems appropriate, without compensation. The Entrant further grants to Sponsor the unconditional, unlimited, irrevocable, perpetual, royalty-free, non-exclusive, transferable right to publish, display, broadcast, reproduce, use, sublicense (through multiple tiers), adapt, edit and/or modify, and create derivative works from, Entrant’s name, biographical information, content, and photograph in any and all media whether now or hereafter known, without limitation and for any purpose (including commercial purposes, advertising, publicity, fundraising, promotion and sales), and without consideration to the Entrant and without further consent, compensation or approval. Entrants are not guaranteed to appear in any communication of Sponsor and Sponsor shall not incur any liability to the extent Sponsor chooses to refrain from using such information. Winners agree to sign a liability/publicity release.
By participating in the SBOTB, each Contest Entrant certifies that his or her entry does not contain any material that would violate or infringe upon the rights of any third party, including copyrights, trademarks, patents, or rights or privacy or publicity. SEMA reserves the right in its sole and unfettered discretion to disqualify and remove any entry that it believes contains obscene, offensive or inappropriate content, that does not comply with these Official Contest Rules or that is not consistent with the spirit or theme of the Contest.
Entries must not incorporate or include anything that violates any law of the copyright, trademark, publicity right, privacy right or any other right of any third party. Entries cannot contain any profanity, offensive language, direct attacks on individuals or organizations, commercial appeals or other objectionable or irrelevant content, the determination of which is solely in the discretion of Sponsor. No entry or its content may violate privacy, publicity or other rights of any person, firm or entity, may not in any other way violate applicable laws and regulations, and may not contain any copyrighted works, or constitute trademark or patent infringement (other than as owned by the Contest Entrant), in each case, as determined by Sponsor in its sole discretion. Sponsor retains the ultimate decision, in its sole discretion, as to which Contest Entrants are eligible. Except where prohibited by law, upon submitting any Entry, the Contest Entrant grants Sponsor and its agents the unconditional, unlimited, irrevocable, perpetual, royalty-free, non-exclusive, transferable right and license to use, publish and copyright their name, voice, photograph, video images, video, likeness, and biographical data as set forth in the Entry, in whole or in part, in any and all media now known or hereafter developed throughout the world in perpetuity. Each Contest Entrant permanently waives in favor of SEMA their Moral Rights in the entry under the U.S. Copyright laws. Contest Entrants who do not include all required information or that fail to adhere to the Official Rules will be considered void and will not be eligible for consideration in SBOTB. Sponsor reserves the right to cancel or reject any entries for any reason or for no reason. Sponsor may, in its sole discretion, remove, delete and/or disqualify any entries or any Contest Entrant deemed to be inappropriate, ineligible or otherwise non-compliant.
The Contest winners, by acceptance of prize, except where legally prohibited, grants permission for SEMA and its designees to use Contest Entrant's name, company name, address (city and state), photographs, content, voice and/or other likeness and prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, world-wide in perpetuity, without further notice or approval.
SEMA reserves the right to disqualify Contest Entrant for submission of any content that is unlawful, harmful, threatening, discriminatory, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable. SEMA further reserves the right to disqualify and/or deem ineligible any Contest Entrant for any violation or noncompliance with any requirement or restriction within these Rules or for breach of the Agreement for participation in SBOTB.
Use of an Entrant’s build for promotional purposes does not constitute acceptance to display at the 2021 SEMA Show.
All locations assigned for vehicles on display at the 2021 SEMA Show are final. No Entrant may move or reposition his/her vehicle at the SEMA Show without the approval of the SEMA Show, which approval may be withheld or conditioned in its sole discretion.
SEMA reserves the right, at any time, to verify the validity of entries and of Contest Entrants and to disqualify any Contest Entrant or entry deemed not in compliance or any entry deemed not in accordance with these Official Contest Rules and SEMA is not required to provide a reason for its determination. SEMA also reserves the right to request further documentation, at its sole and absolute discretion, to verify eligibility and compliance with these Official Contest Rules.
In the event the Contest is compromised by unauthorized human intervention, infection by computer virus, bugs, unauthorized intervention, fraud, technical failures, tampering or other causes beyond the control of SEMA, that corrupts or impairs the administration, security, fairness or proper operation of the Contest, or otherwise impairs SEMA’s ability to conduct the Contest in the manner anticipated by SEMA, SEMA reserves the right in its sole discretion to suspend, modify or terminate a Contest Entrant or the SBOTB.
If for any reason, the Contest or any portion of it cannot be conducted as planned by reason of Acts of God, natural disasters, pandemic or epidemic, COVID-19 government orders, regulations and mitigation measures, travel restrictions, unavailability of the Las Vegas Convention Center or other necessary venues, or any other causes which, in the sole opinion of Sponsor, corrupt or affect the administration, security, safety, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Contest or any portion thereof, and/or substitute other prizes for any prize set forth in these Official Rules.
The decision of SEMA is final and binding on all matters relating to the SBOTB and Contest Entrant waives the right to contest any decision by SEMA
SEMA reserves the right to modify, suspend, terminate or cancel the Contest at any time for any reason without liability at the sole discretion of SEMA and its designees.
SEMA reserves the right to change or substitute prizes to be awarded to a Contest Entrant at any time prior to the conveyance of such prize at the sole discretion of SEMA and its designees.
SEMA and its designees assume no liability or responsibility for and are not responsible for damages arising out of computer hardware or software, Internet Service Provider (ISP), server, website, satellite, telephone, cable, or network malfunctions occurring in connection with Contest submissions or communications, including, without limitation, errors or difficulties which may occur in connection with the administration of the SBOTB, the processing of submissions, the announcement of the prizes, or in any SBOTB-related materials. SEMA and its designees are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the SBOTB. SEMA and its designees are not responsible or liable for injury or damage to any property, including, but not limited to, vehicles entered, incurred while participating in the SBOTB.
SEMA does not endorse any particular entry, content, company, messages, or advice expressed therein, and SEMA expressly disclaims any and all liability in connection with the submitted content, including disputes between third parties related to the content. The Contest Entrant assumes sole responsibility for the entry and the content contained in it and also for the consequences of submitting the entry and content in any format.
Contest Entrant agrees to defend, indemnify and hold harmless SEMA, and its respective parents, subsidiaries, divisions, affiliated companies, independent contractors, advertising and promotional affiliates, web hosting, and service and fulfillment providers, and all of their respective officers, directors, employees, representatives, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from Contest Entrant’s: violation of the Official Contest Rules; travel to or from SBOTB; participation in SBOTB; any and all injuries, losses and damages of any kind including healthcare expenses, death, to persons and property, including but not limited to, quarantine arising out of participation in SBOTB, contraction of any disease or sickness while participating in or traveling to SBOTB, damage to vehicles entered, resulting in whole or in part, directly or indirectly, from Entrant’s participation in SBOTB, whether caused by the negligence of SEMA or otherwise; tax consequences arising from receiving any prize; or otherwise arising from Contest Entrant’s participation in the SBOTB or participation in the prize, or communications associated with or arising out of the SBOTB. This defense and indemnification obligation will survive indefinitely beyond the conclusion of the 2021 SBOTB.
Entrant has read, understands and consents to this release and waiver of his or her legal rights.
SEMA assumes no liability or responsibility for any loss or harm resulting from Contest Entrant’s participation in or attempt to participate in the SBOTB or ability or inability to upload, download or otherwise access any information in connection with participating in the SBOTB.
In no event shall SEMA, its directors, officers, employees, agents or representatives be liable to any party for any loss or injury to earnings, profits or goodwill, or for any direct, indirect, incidental, special, punitive or consequential damages of any person or entity whether arising in contract, tort or otherwise, even if advised of the possibility of such damages.
SEMA reserves the right in its sole discretion to disqualify any individual found to be tampering with the entry process, or the operation of the SBOTB or acting in violation of these Rules.
Sponsor is not responsible for loss, harm, damage, injury, property damage, violations of rights of publicity or privacy, quarantine arising out of participation in SBOTB, contraction of any disease or sickness while participating in SBOTB, personal injury and/or death, costs, or expense whatsoever (including without limitation healthcare expenses and actual attorneys’ fees and related costs) including, but not limited to, claims against Sponsor in connection with the SBOTB or delivery, misdelivery, acceptance, possession, use of or inability to use the prize; income tax; property damage, quarantine, personal injury and/or death, which may occur directly or indirectly in connection with, participation in the SBOTB, or possession, acceptance and/or use or misuse of prize or participation in any SBTOB-related activity, the Contest itself or attendance at the SEMA Show, the negligence, intentional misconduct or illegal actions of Entrant, as well as any actions or omissions of Entrant resulting in or giving rise to, in whole or in part, any injuries or damages to person (including quarantine, infectious disease, death or property), or exercise of any other rights granted to the Sponsor by such Contest Entrant, including such rights granted pursuant to these Rules, the actual or alleged breach of any representation or warranty made by Contest Entrant. If applicable law prohibits such a covenant, release or waiver of claims, winner hereby waives the right to seek or accept damages in any proceeding and to reimburse Sponsor for any and all expenses or costs associated with such claim (including attorneys’ fees, court costs and the amount of any judgment or settlement).
Sponsor is not responsible for any technical, computer, electronic or internet hardware or software malfunctions, failures, connections, or availability, or by any human error which may occur in the transmission or processing of the entries or votes in this Contest. Sponsor assumes no responsibility for unauthorized human intervention, or the incorrect or inaccurate capture of entry or vote information, Entry, or other information, or the failure to capture any such Entry, vote, or information. Sponsor is not liable for unauthorized human intervention in any part of the entry process; printing, typographical, technical, computer, network or human error which may occur in the administration of the SBOTB; the processing of entries, voting, the announcement of the Prize or in any related materials; late, lost, misdirected, damaged or stolen entries; or receipt or use or misuse of Prize awarded; or any typographical or other error in the printing of these Official Rules or any materials associated with the administration of the SBOTB. Sponsor is not responsible for, and hereby disclaims, any injury or damage to any Contest Entrant related to or resulting from participating in the SBOTB unless arising solely out of Sponsor’s gross negligence or willful misconduct.
Contest Entrant, by participating in the SBOTB, and winners, by acceptance of the prize, agree that SEMA, the SEMA Show, SEMA Ignited, and their respective parents, subsidiaries, divisions, affiliated companies, dealers, service agencies, independent contractors, advertising and promotion agencies, web hosting and service and fulfillment providers, and all of their respective officers, directors, employees, representatives, and agents will have no liability whatsoever for, and shall be held harmless against, any liability for any injuries, harm, losses, or damages of any kind, (except those arising solely out of their gross negligence or willful misconduct), including but not limited to, property damage, violations of rights of publicity or privacy, defamation or portrayal in a false light (whether intentional or unintentional), personal injury and/or death, costs, or expense whatsoever (including without limitation actual attorneys’ fees and related costs), including death, to persons or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse, or use of a prize, including any travel or activity related thereto, or from participation in this SBOTB, claims against Sponsor, SEMA Ignited, and the SEMA Show, in connection with SBOTB, delivery, misdelivery, acceptance, possession, use of or inability to use the prize; travel to and from the SEMA Show; activities at the SEMA Show; income tax; property damage, quarantine arising out of participation in or travel to SBOTB, contraction of any disease or sickness while preparing for, traveling to, or participation in SBOTB, personal injury and/or death, which may occur directly or indirectly in connection with, preparation for, travel to, or participation in the SBOTB, the SEMA Show, or possession, acceptance and/or use or misuse of prize or participation in any SBOTB-related activity, the SEMA Show, or in the SBOTB itself, and any travel related thereto, the negligence, intentional misconduct or illegal actions of Contest Entrant, as well as any actions or omissions of Contest Entrant resulting in or giving rise to, in whole or in part, any injuries or damages to person (including death or property), damage to any property, damage to vehicles entered or incurred while participating in SBOTB, any use of such Contest Entrant’s Contest content by the Sponsor, or exercise of any other rights granted to the Sponsor by such Entrant, including such rights granted pursuant to these Official Rules, any claim that the Entry, application or other Contest content supplied by Contest Entrant infringes upon the rights of any third party, the actual or alleged breach of any representation or warranty made by Contest Entrant, including those contained in these Official Rules, and for any claims based on publicity rights, defamation or invasion of privacy, as well as any actions or omissions of Contest Entrant resulting in or giving rise to, in whole or in part, any injuries or damages to person (including death or property). If applicable law prohibits such a covenant, release or waiver of claims, winner hereby waives the right to seek or accept damages in any proceeding and to reimburse Sponsor for any and all expenses or costs associated with such claim (including attorneys’ fees, court costs and the amount of any judgment or settlement). Any liability of Sponsor shall be limited to the amount of the prize or Two Hundred Fifty Dollars ($250) whichever is less, and in the case of any dispute, Sponsor’s decision shall be final.
IN NO EVENT WILL THE SPONSOR BE RESPONSIBLE OR LIABLE FOR ANY LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF PARTICIPATION IN THIS CONTEST AND USE OF, OR PARTICIPATION IN, THE PRIZES. SOME JURISDICTIONS DO NOT ALLOW OR MAY LIMIT THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. ANY ATTEMPT BY A CONTEST ENTRANT OR OTHER PERSON TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAW, AND SPONSOR AND ITS AGENTS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Persons who tamper with or abuse any aspect of this Contest or who are in violation of these Terms and Conditions, as solely determined by SEMA and its designees, will be disqualified and all associated submissions will be void.
Contest Participant hereby assumes full responsibility for and releases SEMA, SEMA Ignited, and the SEMA Show, and their designees from liability, including liability in connection with any quarantine, bodily injury, contraction of any disease or sickness, death, or property damage arising out of or related to the SBOTB, whether caused by the negligence of SEMA, SEMA Ignited, and the SEMA Show, and their designees or otherwise(but not including their gross negligence or willful misconduct), and agrees to indemnify SEMA, SEMA Ignited, and the SEMA Show and their designees for any damage or liability incurred by reason of Contest Entrant's participation in the Contest. Contest Entrant hereby agrees that this Release and Waiver, Assumption of Risk, and Indemnity Agreement extend to all acts of negligence by SEMA, SEMA Ignited, and the SEMA Show and their designees and is intended to be as broad and inclusive as is permitted by the laws of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
By entering and/or participating in this Contest, Contest Entrant agrees that this Contest is governed by the laws of the State of California and any and all claims, disputes and causes of action arising out of or connected with this Contest shall be resolved individually, without resort to any form of class action and without use of a jury (Contest Entrant hereby waives any right to a jury trial) in the federal or state courts located in Los Angeles, California, United States of America. By entering and/or participating in this Contest, Contest Entrant agrees that any and all claims, judgments and awards shall be limited to, and the maximum aggregate liability of the Sponsor to any Contest Entrant or third party shall be limited to, the lesser of Contest Entrant’s actual out-ofpocket costs incurred, including costs associated with entering this Contest in accordance with the Official Rules, but in no event attorneys’ fees, and Two Hundred Fifty Dollars ($250), and under no circumstances will Entrant be permitted to obtain awards for and Contest Entrant hereby waives all rights to claim punitive, incidental and/or 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 Contest Entrant, shall be governed by and construed exclusively in accordance with the laws of the State of California without giving effect to any principles of conflicts of law in any jurisdiction Contestant and the forum for any dispute shall be in state and federal courts located in Los Angeles, California, United States of America.
By reason of Entrant's participation in SBOTB, Entrant may have access to and become acquainted with information of a confidential, proprietary or secret nature, which Entrant shall not disclose, directly or indirectly, or use in any way, either during SBOTB or at any time thereafter, except as required for compliance with these Terms and Conditions. Entrant will abide by SEMA's policies for the protection of trade secret and confidential information.
Please direct all questions about SBOTB, including judging criteria and submission instructions, by email to the following address: firstname.lastname@example.org.