HOMETOWN HARDEE S HIGH SCHOOL PHOTO CONTEST OFFICIAL RULES

Transcription

1 HOMETOWN HARDEE S HIGH SCHOOL PHOTO CONTEST OFFICIAL RULES NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING. ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. OPEN TO LEGAL RESIDENTS OF TENNESSEE, NORTH CAROLINA AND MISSOURI. VOID ELSEWHERE AND WHERE RESTRICTED OR PROHIBITED BY LAW. MUST BE 18 YEARS OF AGE OR OLDER TO ENTER. 1. HOW TO ENTER: The Hometown Hardee s High School Photo Contest ( Contest ) shall begin on September 17, 2018 at 12:00AM CDT and end on September 30, 2018 at 11:59 PM CDT ( Entry Period ). One (1) Contest winner ( Winner ) shall be chosen from all eligible entries on October 1, 2018 at approximately 2:00 PM CDT. Winner does not need to be present to win. To enter the Contest, during the Entry Period, prepare a collection of no more than ten (10) electronic photo images that you created which best capture the character of your community and your Hardee s Hometown pride and submit them to the official contest page located at All entrants must complete the contest entry form which can be found at Limit one entry per person. Duplicate and mechanically reproduced multiple entries will be disregarded. All entries must be completed in their entirety. Sponsor is not responsible for illegible, incomplete, altered, mutilated, or lost entries, for any incorrect or inaccurate entry information, whether caused by any of the equipment or programming associated with or utilized in the contest, or by any technical or human error which may occur in the processing of the entries in the contest, or for failure to receive entries due to technical failures of any kind, and such entries will be void. Sponsor reserves the right to disqualify any entries by persons determined to be tampering with or abusing any aspect of the Contest. 2. DECISION OF THE SPONSOR: By participating in this Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and all decisions of Sponsor, which shall be final and binding in all respects. Sponsor reserves the right to cancel this Contest at any time for any reason without notice. Sponsor reserves the right in its sole discretion to suspend, modify or terminate the Contest. Should the Contest be terminated prior to the stated expiration date, Sponsor reserves the right to award prizes based on the entries received before the termination date. Sponsor reserves the right to disqualify any entries by persons determined to be tampering with or abusing any aspect of the Contest. 3. ELIGIBILITY: The Contest is open only to legal residents of Tennessee, North Carolina and Missouri. Void elsewhere and where restricted or prohibited by law. Must be at least 18 years of age or older at time of entry. Employees of Sponsor and its parent, subsidiaries, affiliates, agents, distributors, franchisees, retailers, sales representatives, advertising and promotion agencies and each of their respective officers, directors and employees (collectively, the Promotion Entities ) and members of their immediate families or persons residing in the same

2 household, are ineligible to enter the Contest or win a prize. Winners of a prize from Sponsor within the past thirty (30) days from the beginning date of this Contest are not eligible. When entering the contest, the eligible contestant must fully complete the contest entry form, including identifying the contestant s favorite accredited secondary educational institution (i.e., high school) located within the states of Tennessee, North Carolina or Missouri which will receive the grand prize if the eligible contestant is determined to be the grand prize winner and both the contest and the secondary educational institution have met and/or fulfilled all of the eligibility requirements and obligations set forth in these Official Rules. 4. REQUIREMENTS FOR AND RESTRICTIONS ON PHOTO ENTRIES: Technical Requirements o The photo file must not be more than 25MB in size. o The photos must be submitted in either.jpg or.png formats. No other file formats will be accepted. o The photo may not be posted to any publicly accessible Internet or Social Media site at any time prior to submission or thereafter. Content Requirements and Restrictions o All content in the photos must be your original creation or in the public domain and may not include any personally identifiable information associated with you or anyone else. o The photos may not contain any images which involve graphic violence, vulgar language, acts resulting in serious injury or death, any acts of a sexual nature or contain depictions of illegal activity or appear to incite illegal activity. o The photos may not contain any depictions of full or partial nudity or contain any images of a pornographic or obscene nature and/or any material which could be harmful if viewed by minors. o The photos may not contain content which is intended to victimize, harass, degrade and/or intimidate an individual or group of individuals on the basis of age, disability, sexual orientation, ethnicity, gender, race and/or religion. o The photos may not give the appearance of condoning, advertising and/or offering for sale inappropriate products or services including, but not limited to, lotteries, firearms, fireworks, explosive materials, tobacco, alcohol, and adult-oriented products and/or services. Third Party Rights Restrictions o The photos may not give the appearance of endorsement by, sponsorship, affiliation with, or advertisement of any third party and/or its products or services. o The photos should not contain the likeness of anyone other than yourself who has not consented to use of their likeness in the photograph. o The photos may not contain any content which infringes on any third party intellectual property rights (trademark, copyright and/or patent), rights of publicity or any other rights.

3 All entries that do not strictly adhere to the above requirements and restrictions will be ineligible. Sponsor reserves the right, in its sole discretion, to disqualify any entry, at any time which, in the Sponsor s reasonable opinion, 1) is immoral, obscene, profane, defamatory, offensive or in any way not keeping with the Sponsor s image; 2) depicts, describes or induces the committing of dangerous stunts, tricks or other such conduct that could lead to physical injury and/or property damage; 3) endangers the safety and well-being of any person or animal; 4) contains any materials which infringe upon any third party rights including, but not limited to, trademark, copyright, patent, trade secret, rights of publicity or any other such proprietary rights of and legal entities or individual, whether living or deceased; and 5) is otherwise in violation of any provision of these Official Rules. By entering this Contest, you grant to Sponsor the unconditional, irrevocable, perpetual right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use the photo entry (with or without using your name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you or any other party. By submitting your photo entry, you forever waive any rights of copyrights, trademark rights, patent rights, privacy rights, and any other legal or moral rights in the photo entry that may preclude the Sponsor s use of the photo entry or require your permission for the Sponsor to use your photo entry. By submitting your photo entry, you further agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Sponsor, or any other person or entity, on the grounds that any use of your photo entry, or any derivative works, infringe any of your rights, including, without limitation, copyrights, or moral rights. You further acknowledge that Sponsor is in no way obligated to broadcast, publish or use your photo entry in any way. Nothing herein shall constitute an employment, joint venture, or partnership relationship between you and Sponsor. In no way are you to be construed as the agent or to be acting as the agent of Sponsor. 5. REPRESENTATIONS AND WARRANTIES: By entering this Contest, you represent and warrant that 1) the photos, and content therein, in no way infringes upon the intellectual property, privacy and/or publicity rights or any other legal or moral rights of any third party, whether living or deceased, and does not defame any person or identify any person, including yourself, by name or other personally identifiable information; 2) the photos do not violate any law or regulation; 3) you are the sole creator of the photos and you own any and all rights to the photos including, but not limited to, any copyrights therein. You further agree to waive any claim for reimbursement for any equipment or materials necessary to produce and submit the photos, regardless of whether the photo collection is selected for any prize in the Contest. Sponsor s determination as to whether the photo collection entry may violate the rights of any third party and/or violates one or more of the provisions in these Official Rules is FINAL. 6. INDEMNIFICATION: You Agree to indemnify and hold harmless Sponsor, its agencies, affiliates, officers, directors, agents, and employees, and each of their respective parent, subsidiary and affiliate companies, their employees, shareholders, officers, directors, agents, members, successors and assigns (collectively referred to as the Indemnities and/or Released Parties ) harmless from any and all claims, damages, expenses, costs (including reasonable attorneys fees) and liabilities (including settlements), brought and/or asserted by any third party

4 against any of the Indemnities due to and/or arising out of the use of any element of your photo entry, or your conduct in submitting and/or creating your photo collection entry or any other conduct related to this Contest, including but not limited to claims for trademark infringement, copyright infringement, violation of an individual s right of publicity or right of privacy, or defamation. You further agree to release Sponsor and the Indemnities from any and all claims that any advertising subsequently produced, presented, and/or prepared by or on behalf of Sponsor infringes your rights with regard to any elements and/or ideas contained in your photo collection entry. 7. JUDGING: Photographic collection submissions will be judged by a qualified panel of representatives from Good Sam Enterprises, LLC. The panel of judges will evaluate each photographic collection submission based upon the following criteria: a) Originality and overall artistic impression (25%) b) Audience appeal and entertainment quality (25%) c) Creativity and incorporation of elements relating to Hardee s (50%) The judging panel will select the Grand Prize Winner from all eligible photographic collection submissions received by 11:59p.m. CDT on September 30, 2018, based on the criteria set forth herein. Photographic collection submissions will be ranked by overall score and the one photographic collection submission receiving the highest point total from the judging panel will be deemed the potential winner. In the event of a tie, the submission with the highest point total for the Creativity and incorporation of elements relating to Hardee s category will be deemed the potential winner. The person who submitted the photographic collection submission receiving the highest point total will be notified via instant/private message by no later than October 12, 2018 (the Potential Prize Winners ). The decision of the judges shall be final and binding in all regards. Sponsor reserves the right not to award any prizes in the event that an insufficient number of eligible entries meeting the minimum judging criteria are received, as determined by Sponsor in its sole discretion. 8. PRIZES: One (1) Grand Prize - $2, in cash to the winner s favorite accredited secondary educational institution (i.e., high school) (the winner s Selected Beneficiary Institution ). The Selected Beneficiary Institution must be located within the states of Tennessee, North Carolina or Missouri. 9. ODDS: Odds of winning may depend on the number of eligible participants who enter the Contest. 10. WINNER NOTIFICATION AND ACCEPTANCE: The Winner will be notified by e- mail on or about October 12, If Winner fails to respond to Sponsor within fourteen (14) days of notification, Winner shall forfeit Prize and Sponsor may select an alternate Winner in a random drawing from the remaining eligible entries. Potential winner may waive their right to receive a prize. All prizes will be awarded, but unclaimed prizes may be forfeited. Prizes are non-assignable and non-transferable. No substitutions allowed, except that prizes and individual components of prize packages are subject to availability and Sponsor reserves the right to substitute prizes of equal or greater value. Winner is solely responsible for reporting and

5 payment of any taxes on prizes. Where legal, Winner may be required to sign, execute, and return a Prize Winner Statement of Eligibility and Release of Liability and Publicity Release and any other documentation that Sponsor requires (collectively Statement/Release ) before a prize will be awarded or such potential winner may be disqualified, and an alternate potential winner may be selected. Except where prohibited by law, participation in the Contest constitutes entrant s consent to the publication of his or her name and image in any media for any commercial or promotional purpose, without limitation or further compensation. The Sponsor reserves the right at any time to cancel this Contest, make rules and Contest changes and/or substitute another prize of equal of greater value for any reason including if any of the Prizes becomes unavailable. The Grand Prize will be mailed directly to the Winner s Selected Beneficiary Institution. 11. PRIVACY: Personal information provided by Contest entrants will be treated in accordance with Sponsor s Privacy Policy, located at CONTEST RULES: Official Rules are available at WINNER S LIST: For a list of prize winner(s) (available after October 1, 2018 and until January 25, 2019), send a self-addressed stamped envelope to Hometown Hardee s Photo Contest, 6700 Tower Circle, Suite 1000, Franklin, TN Attn: Winner s List. Sponsor has 60 days to process your request after receipt. 14. GENERAL RELEASE: Each entrant agrees that the Promotion Entities (A) shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Contest or in any Contest related activity, or from entrant's acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize's quality or fitness for a particular purpose. By entering, entrants agree to and acknowledge compliance with these Official Rules, including all eligibility requirements and agree to release Sponsor, its affiliates, subsidiaries, franchisees, divisions, advertising and promotion agencies, and all of their respective employees, directors, officers, shareholders, agents, successors or assigns (collectively Releasees ), from any claims, losses, actions, or damages, whether actual, incidental or consequential, arising out of or relating to entrants participation in this Contest, or the acceptance, possession or use/misuse of any prize, or participation in prize-related activities. Releasees are not responsible for: (i) entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, misdirected, or not received by the Sponsor or its agents for any reason, (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures or human error that may occur in the transmission, receipt or processing of entries, or for destruction of or unauthorized access to, or alteration of, entries, (iii) failed or unavailable hardware, network, software or telephone, cable or satellite transmissions, cellular equipment towers, damage to entrants or any

6 person s computer, wireless phone/handset and/or its contents, or causes beyond Sponsor s reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Contest or (iv) any entries submitted in a manner that is not expressly allowed under these rules. All incomplete or non-conforming entries will be disqualified. Sponsor is further not responsible for incorrect or inaccurate entry information whether caused by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the transmission, receipt or processing of the entries. Notwithstanding the foregoing, in the event that the preceding release is determined by a court of competent jurisdiction to be invalid or void for any reason, Contest entrant agrees that, by entering the Contest, (i) any and all disputes, claims, and causes of action arising out of or in connection with the Contest, or any prizes awarded, shall be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to actual outof-pocket costs incurred, including costs associated with entering the Contest, but in no event attorney's fees; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses. 15. CONSTRUCTION: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any entrant and Sponsors, shall be governed by, and construed in accordance with the laws of the State of Tennessee without giving effect to any choice of law or conflict of law rules or provisions (whether of Tennessee or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than Tennessee. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. 16. SPONSOR: Hometown Hardee s Photo Contest is sponsored by Hardee's Restaurants LLC, 6700 Tower Circle, Suite 1000, Franklin, TN whose decisions regarding the selection of the Winner and all other aspects of the Contest shall be final and binding in all respects. Sponsor will not be responsible for typographical, printing or other inadvertent errors in these Official Rules or in other materials relating to the Contest Hardee s Restaurants LLC. All rights reserved.