SHAKEY S FRESH MOVES VIDEO CONTEST. Official Rules

Transcription

1 SHAKEY S FRESH MOVES VIDEO CONTEST Official Rules NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. THE CONTEST ENTITIES (DEFINED BELOW) OBTAIN A NON- EXCLUSIVE LICENSE TO POST AND USE ANY AND ALL MATERIALS SUBMITTED AS PART OF THE CONTEST. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED AND THE SKILL OF EACH ENTRANT. VOID WHERE PROHIBITED BY LAW. PRIZE ACCEPTANCE RELEASE WILL BE REQUIRED. 1. Eligibility: Participation in the Shakey s Fresh Moves Video Contest Shakey's Video Contest (the "Contest") is open only to persons who, as of date of entry, are legal residents of and who are physically located in the following Southern California counties: Los Angeles, Riverside, Orange, San Diego, and San Bernardino, who are eighteen (18) years and older. All Contest participants ("Entrants") who are under eighteen (18) years of age will be required to have their parent or legal guardian s permission to enter as described below and sign the Prize Acceptance Release (defined below). Employees of Shakey s USA, Inc. ("Sponsor"), and each of their respective parents, affiliates, subsidiaries, advertising, and promotion agencies, directors, officers and distributors and other prize suppliers (collectively, the "Contest Entities"), and each of their immediate family members and/or those living in the same household (whether legally related or not) of each are not eligible to enter or win. For the purpose of this Contest, family members are defined as spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren. Void where prohibited by law. 2. Entries: (a) How to Enter: The Contest submission period begins on or about 12:01 am Pacific Standard Time ("PST") on October 22, 2018 and ends at 11:59 pm Pacific Standard Time ( PST ) November 30, To enter the Contest, Entrants must create and submit a video that meets all of the requirements outlined below. (i) Entrants will submit completed video via website. Complete the online entry form by listing your name, city and state of residence and then upload your video. Only one (1) video entry per person. If multiple entries are received by the same Entrant, only the first entry submitted by that Entrant will qualify for entry in the Contest; subsequent entries submitted by that Entrant shall be disqualified. Each entry must have at least one (1) valid account associated with it in order to qualify. By entering, Entrants agree to comply with all federal, state, and local laws and regulations. The Contest Entities, and those working for these entities, will not be responsible for lost, late or misdirected Submissions, or for internet, computer hardware and software, phone, and/or any other technical errors, malfunctions, and

2 delays. Entries and/or Submissions which are mutilated, incomplete, illegible, inoperable, inaccurate, forged, irregular in any way, or otherwise not in compliance with these Official Rules are void. (b) Submission Technical/Creative Requirements: Submissions that do not meet the following Technical/Creative Requirements are subject to disqualification at Sponsor s sole discretion: Running Time: Sixty seconds (60) seconds maximum in length, including any credits. If a Submission is longer than one (1) minute in length, the Submission may be disqualified at Sponsor's sole discretion. Video file size must not exceed 50MB Video Formats: Submissions uploaded through the Contest Website must be in digital format and must comply with the Contest Website's posting requirements. The Shakey s upload Site accepts video files from most digital cameras, camcorders, and cell phones in the.wmv,.avi,.mov, and.mpg file formats. (c) Submission Contest Guidelines: Submissions that do not meet the following Content Guidelines are subject to disqualification at Sponsor s sole discretion: Submissions must include only materials created by the Entrant and must not infringe on the intellectual property rights of any other person or entity. The Contest Entities do not permit the infringement of others rights and any use of materials not original to the Entrant is grounds for disqualification from the Contest. Do not copy your favorite movie, book or photo or include materials, images, graphics, music or trademarks belonging to any third parties or incorporate the names, voices, likeness or personas of any party other than yourself unless you have obtained all rights necessary to permit you to use same in connection with your Submission and grant the rights herein granted to Sponsor. Submissions may not contain brand names, trademarks or company logos. No background artwork should appear in the Submissions unless it is an original work of the Entrant. Any artwork, murals, etc. that can be seen in Submissions must be created solely by the Entrant or Entrant must be the sole owner of all copyright interests therein. Submissions must not include material that (a) is sexually explicit, indecent, obscene, unnecessarily violent, hateful, tortuous, defamatory, slanderous or libelous, (b) is derogatory or promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (c) invades the privacy or publicity rights of any person, living or deceased, (d) is unlawful and/or (e) is disparaging to the Contest Entities or is inconsistent with the

3 positive images and/or goodwill to which Sponsor wishes to associate (at Sponsor s sole and absolute discretion). Each Submission must not reveal any personal information about another individual, including another person s address, phone number, address, credit card number or any information that may be used to track, contact or impersonate that individual. (d) Official Rules: By taking part in the Contest, each Entrant unconditionally agrees and accepts to be bound by these "Official Rules" and the decisions of Sponsor, which will be final and binding in all respects. 3. Intellectual Property Rights: (a) Grant of Rights: Entrants, upon submission of their entry to the Contest, hereby irrevocably grant to the Contest Entities, and each of their licensees, successors and assigns, the non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit the Submissions submitted as part of the Contest, and all images, text and materials depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised (including, without limitation, CDs, streaming media, film, television, videocassettes, print, interactive devices, mobile media, Internet and on-line systems), throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine it with other material and otherwise use and exploit it. The Contest Entities, and each of their successors, assigns and licensees, will have the right to make unlimited derivative works therefrom, to assign or transfer any or all such rights and to grant unlimited, multiple-level sublicenses. Without limiting the forgoing, the Contest Entities will have the right to use the Submissions submitted as part of the Contest, and all images depicted therein (if any), in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. Entrants hereby forever waive and relinquish all so-called moral rights (droit moral) now or hereafter recognized in connection with Submissions submitted as part of the Contest. Entrants agree that the Contest Entities shall have the sole discretion in determining the extent and manner of use of Submissions and are not obligated to use any Submission. Entrants agree that the Contest Entities nor its agents shall be responsible for return or preservation of the Submissions submitted. All Submissions that are posted on the Contest Website are available to be viewed by anyone with access to the Internet. Representations & Warranties: (A) the Submission does not and shall not violate any law or the copyright, trademark, publicity right, privacy right, or any other right of any third party; (B) the Submission, or any part thereof, has not been commercially released; (C) you have written consent, release or permission of each and every identifiable individual person in the Submission to use the name and/or likeness of each and every such identifiable individual person to enable inclusion in and use of the Submission contemplated by these

4 Official Rules; (D) he or she has read, understands and will follow these Official Rules; and (E) the Submission is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof. (b) (c) (d) Indemnity: Entrants agree to defend, indemnify and hold the Contest Entities and their parents and each of their respective affiliates, subsidiaries, successors, assigns and licensees, harmless from and against any third party claim, to the extent relating to (i) any breach of any representation, warranty or covenant made by such Entrant in connection with his or her acceptance of these Official Rules or (ii) Entrant's Contest activities. Each Entrant waives any right to inspect or approve uses of the Submission or to be compensated for any such uses. Each Entrant represents and warrants that you are a resident of one (1) of the following Southern California counties: Los Angeles, Riverside, Orange, San Diego, and San Bernardino and you are at least eighteen (18) years of age and that you have read these Official Rules and are fully familiar with its content. Publicity: By entering a Submission in connection with this Contest, Entrants' grant the Contest Entities, and each of their successors, assigns, licensees and sublicensees, the right and permission, except where prohibited by law, to use their name, likeness, picture, address (city & state), address, voice, biographical information, entry form information and written oral statements, for advertising, promotional and/or publicity purposes in connection with the Contest, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration except for the awarding of the prize(s) to the winner(s). Entrants' agree not to issue any publicity concerning the Contest Entities. Entrants shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of your name, picture, likeness, address (city, state), address, biographical information, or entry. The rights granted under this paragraph shall extend to the Contest Entities with respect to all Entrants in the Contest, including the Entrants who are selected as the winners and those Entrants who are not selected as a winner. The Contest Entities are under no obligation to use the Submission for any purpose. Music: Shakey s USA, INC owns the license to Shakey s Fresher than Fresh. The use of this song is to be used ONLY for video submissions to the Contest. 4. Selection of Winner/Prize: (a) Judging, Selection and Notification: All entries will be judged by a panel of judges assembled by Sponsor, who will review and judge all eligible entries on the basis of the following criteria: Creativity (50%), and presentation (50%) and

5 in accordance with these Official Rules. There will be a minimum of five (5) winners. The winners will be announced on or before December 7, Sponsor and judges will have complete discretion over interpretation of the Official Rules, of administration of the Contest, and of selection of the winners. Decisions of the Sponsor and the judges as to the administration of the Contest, interpretation of the Official Rules, and the selection of the winners will be final. The potential winners will be notified by . Notification is deemed to have occurred immediately upon sending of an . Each potential winner of the Contest will be required to execute an affidavit of eligibility/release of liability/prize acceptance agreement (the "Prize Acceptance Release") and return the Prize Acceptance Release before being eligible to receive his or her prize within three (3) calendar days of first notification attempt. If a winner cannot be contacted within three (3) days of the first notification attempt, or if a winner rejects a prize, or in the event of noncompliance with these Official Rules, the prize will be forfeited and an alternative winner may be selected from all remaining eligible entries. Upon prize forfeiture, no compensation will be given. The Prize Acceptance Release must be complete and must include the winner s social security. The information in winner s Prize Acceptance Release must be correct and must be identical to the information provided in winner s entry or the winner will be disqualified. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules, he or she may be disqualified in Sponsor s sole discretion, and an alternate potential prize winner may then, in Sponsor s sole discretion, be selected by the judges from the criteria set forth above. The Prize Acceptance Release is subject to verification by Sponsor. Sponsor is not responsible for and shall not be liable for late, lost, damaged, intercepted misdirected, or unsuccessful efforts to notify the potential winners, If a potential winner changes his/her address or other contact information after he/she registers, it is his/her sole responsibility to update his/her registration information notifying the Sponsor using the address set forth in Section 9 below. Failure to update such registration information may affect a potential winner s ability to receive a prize. (b) Prizes: (i) A minimum of five (5) prize winners will be selected: -Video contest winners will be featured in a Shakey s fresh moves music video that will air on Shakey s USA social media sites with dates to be determined. -One (1) FREE PIZZA FOR A YEAR punch card valid for one large one topping thin crust pizza per month at participating Shakey s location for a total of twelve (12 ) months. Approximate prize value $235 (iii) Prizes are non-transferable. No substitutions or cash redemptions. Prizes may not be sold, bartered or transferred. Winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with

6 the prize(s) they receive. The stated ARV of the prizes is based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Additionally, each winner will be required to send a copy of his/her passport, driver s license or birth certificate as proof of age and residency. Non-compliance with any of these requirements may result in disqualification, in which case an alternate winner may be chosen. Unclaimed prizes will be forfeited. Sponsor reserves the right to substitute a comparable prize of like or greater value for any prize or to pay winner a cash equivalent (the value of which shall be determined by Sponsor, in its sole discretion), for any reason. (c) Misconduct: The Contest Entities not responsible for the actions of Entrants' in connection with the Contest, including Entrants attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest. Persons found tampering with or abusing any aspect of this Contest, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Contest, as determined at the sole discretion of Sponsor, may result in immediate disqualification of the Entrant, as well as other possible consequences, including disqualification from any and all existing and future contests. ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY WEBSITE (INCLUDING THE CONTEST WEBSITE) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, at its sole and absolute discretion, to disqualify any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person. 5. Issues of Law: (a) Governing Law/Jurisdiction: The Contest and these Official Rules are governed by and shall be construed in accordance with the substantive laws of the State of California (as distinguished from the choice of law rules) and the United States of America applicable to contracts made and performed entirely in California and where the relevant contacts are with such state. All applicable federal, state, and local laws and regulations apply. Except where prohibited, as a condition of participating in this Contest, each Entrant agrees that any and all disputes, claims and causes of action arising out of or connected with this Contest, the prizes awarded, or the determination of the winner shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will an Entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys fees, other than Entrant s

7 actual out-pocket expenses, and Entrant further waives all rights to have damages multiplied or increased. (b) Dispute Resolution: The parties agree that any disputes arising out of these Official Rules shall be submitted to final, binding arbitration conducted in Los Angeles County under the Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Services Inc. ( JAMS ) before a single, neutral arbitrator who is a former or retired California state or federal court judge with experience in entertainment matters who shall follow California law and the Federal Rules of Evidence and have no authority to award punitive damages. Either party may enforce a final arbitration award in any court of competent jurisdiction in Los Angeles County, including an award of costs, fees and expenses incurred in enforcing the award. Notwithstanding the foregoing, Sponsor shall be entitled to seek injunctive relief (unless otherwise precluded by any other provision of these Official Rules) in the state and federal courts of Los Angeles County. Any dispute or portion thereof, or any claim for a particular form of relief (not otherwise precluded by any other provision of these Official Rules), that may not be arbitrated pursuant to applicable state or federal law may be heard only in a court of competent jurisdiction in Los Angeles County. 6. Waivers, Disclaimers & Releases: By participating in the Contest, each Entrant agrees to release, discharge and hold harmless the Contest Entities, and each of their respective directors, officers, employees, agents, successors and assigns from and against and any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to entrants participation in the Contest and/or related to Entrant's acceptance, use or misuse of a prize (including, without limitation, losses, damages or injuries to Entrant's or any other person s equipment or other property, or to their persons, related to participation in the Contest; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Contest activity and/or prize). Winners assume all liability for any injury or damage caused, or claimed to be caused, by participation in this Contest or use or redemption of a prize. Without limiting the generality of the foregoing each Entrant agrees that Contest Entities: (A) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Contest and/or with respect to prizes, including, without limitation, to any prize s quality or fitness for a particular purpose; and (B) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (1) by the wrongful, negligent or unauthorized act or omission on the part of the Contest Entities, (2) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Contest Entities, and (3) by any cause, condition or event whatsoever beyond the control of the Contest Entities. Each Entrant agrees that the Contest Entities shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or Internet service provider utilized by Sponsor;

8 interruption or inability to access the Contest Website or Sponsor or affiliated entities respective websites, or any online service via the Internet due to hardware or software compatibility problems; any damage to Entrant s (or any third person s) computer and/or its contents related to or resulting from any part of the Contest; any lost/delayed data transmissions, omissions, interruptions, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Contest Entities. Each Entrant further agrees to indemnify and hold harmless the Contest Entities from and against any and all liability resulting or arising from the Contest and to release all rights to bring any claim, action or proceeding against the Contest Entities and hereby acknowledge that the Contest Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize. The Contest Entities are not responsible for the actions of Entrants in connection with the Contest, including Entrants attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest. By participating in this Contest, Entrants hereby agree to irrevocably release and hold the Contest Entities harmless from and against all losses, damages, liabilities, claims, actions, proceedings, or judgments arising out of or relating to Entrants Submissions or participation in this Contest or in connection with (including any use or misuse) of any prizes awarded hereunder. Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California ( Section 1542 ) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims. 7. Suspension / Modification / Termination: Sponsor reserves the right, in its sole discretion, to modify, change, add to, delete, suspend or terminate these Official Rules, the Contest and/or the prizes for any reason whatsoever without giving notice to Entrants. Sponsor additionally reserves the right, in its sole discretion: (1) to modify, suspend or terminate the Contest should causes beyond Sponsor s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Contest; or (2) to disqualify any Entrant found to be, or suspected of: (a) tampering with the entry process or the operation of the Contest; (b) acting in violation of these Official Rules; or (c) acting in an un-sportsmanlike manner. All Entrants must check the Contest Website regularly to determine if there have been any changes made to the Official Rules, the Contest or the Prizes. Entrants agree to check the Contest Website prior to the end of the Contest for any changes, and to ensure that there is no need to re-enter. In the event Sponsor is prevented from continuing with the Contest by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Contest by any party, or any federal state or local government law, order, or regulation, order of any court or

9 jurisdiction, or other cause not reasonably within Sponsor s control (each a Force Majeure event or occurrence) Sponsor shall have the right to modify, suspend or terminate the Contest. 8. Miscellaneous: The invalidity or unenforceability of any provision of these Official Rules or the Prize Acceptance Release will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Prize Acceptance Release is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. 9. How to Get More Information: The Sponsor of the Contest is Shakey s USA, Inc., 2200 W. Valley Blvd., Alhambra, CA Questions regarding this Contest (including to request a winner's list or to receive a copy of these Official Rules) can be directed to Shakey s USA, c/o Shakey s Fresh Moves Contest 2200 W. Valley Blvd., Alhambra, CA for sixty (60) days after winners are selected. //End of Official Rules// 2018 Shakey s USA, Inc. All Rights Reserved