Most Chubbies Dad Contest Official Rules
NO PURCHASE NECESSARY. PURCHASE WILL NOT INCREASE CHANCES OF WINNING.
Three Guys Holding Co., LLC, d/b/a Chubbies ("Sponsor"), 430 Pacific Avenue, San Francisco, CA 94107.
The MOST CHUBBIES DAD Contest ("Contest") call for entry period begins [KG1] on May 25, 2017 at 09:00:00 a.m. Pacific Time ("PT") and ends on June 9, 2017 at 11:59:59 p.m. PT ("Promotion Period"). The Contest is open only to legal residents of the 50 United States and the District of Columbia, who are at least eighteen (18) years of age. Void where prohibited.
Employees of Sponsor and its advertising agencies, public relations agencies, prize suppliers, including any vendors providing services in connection with this Contest (collectively, the "Sponsor Affiliates[KG2] "), and employees, agents, directors, officers (including members of their immediate family - i.e., spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren - or those living in the same household) of Sponsor or any Sponsor Affiliates are not eligible to participate. Contest is subject to all applicable federal, state, and local laws. Notwithstanding the foregoing, Ambassadors of Sponsor may participate in the Contest, but will not be afforded special consideration.
AGREEMENT TO OFFICIAL RULES:
Participation [KG3] in this Contest by entrant ("Contest Participant") constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to this Contest, including their interpretation of whether the Contest Participant abides by the terms of these Official Rules. Winning a prize is contingent upon fulfilling all requirements set forth herein.
During the Promotion Period, go to entertainment.chubbiesshorts.com/ 2017/05/the-most-chubbies-dad-contest.html ("Contest Site") and follow the instructions
Sponsor is not responsible for lost, late, misdirected entries or entries not received regardless of cause. In the event of a dispute over who submitted an entry, the entry will be deemed to have been directly submitted by the authorized account holder of the Instagram account which generated the entry. Entries become the property of Sponsor and will not be returned[KG4] .
Phase 1: [KG5] Initial Entry
Initial entry will begin on May 24th, 2017, at 2pm PT, and will end on June 1st, 2017, at 11:59pm PT. Entries must be submitted on Instagram, must tag "@chubbies" in the caption of the post, and must use the hashtag "#mostchubbiesdad" [capitalization is not important].
Phase 2[KG6] : Selection of top 20 finalists
We will begin selecting finalists the day of June 1st, 2017 beginning at 12:00am PT and we will notify finalists of their selection no later than June 2nd, 2017 at 11:59pm PT. Sponsor will notify Finalists by Direct Messaging them on Instagram to the Instagram account which generated the entry.
Phase 3[KG7] : Public Vote on Contest Finalists to Determine the Winner
Public vote opens up on June 2, 2017 12:00am PT and continues until June 8th, 2017 at 11:59pm PT. Winner will be notified on June 9th, 2017 by 11:59pm PT.
CONTEST PHASE DESCRIPTIONS
Phase I: Entry and Initial Public Voting
During Phase I [KG8] - Entry ("Phase I"), Entries will be accepted ONLY on Instagram. Entries will take the form of an Instagram post displaying qualities that show exactly why the Participant is the "Most Chubbies Dad". Entries must tag "@chubbies" in the caption, and must also use the hashtag "#mostchubbiesdad" [Capitalization is not important]. Furthermore, Participants MUST be following @chubbies on Instagram so that Sponsor can Direct Message the Participant for future communication. There is not limit to the amount of entries a Participant can submit.
Phase II: Determination of Top Twenty (20) Contest Finalists
During Phase II - Determination of Top Twenty (20) [KG9] Contest Finalists ("Phase II"), a panel of judges determined by Sponsor in its sole discretion will review all entries submitted during Phase I and select up to twenty (20) contest finalists ("Contest Finalists"). The Judging Criteria ("The Criteria") used to determine the Finalists will be entirely at the sole discretion of the Sponsor to decide which Participants most embody the term "Most Chubbies Dad".
The public will be permitted to visit the Contest Site and vote for any of the twenty (20) Contest Finalists. The public vote tallies for the Contest Finalists will be the sole determination of the contest winner ("Contest Winner"). If there is a tie, Sponsor will select the applicable winner based on scores received based on application of the Judging Criteria.
Any attempt by any Contest Finalist or voter to obtain or cast votes by any fraudulent or inappropriate means, including without limitation, offering prizes or other inducements to members of the public as determined by Sponsor in its sole discretion, by using any automated program, by using multiple/different email addresses, identities, registrations and logins, or any other methods, will void those votes for the entrant and entrant may be disqualified as determined by Sponsor in its sole discretion. Multiple votes received from any person or email address in excess of this stated number will be void. Sponsor reserves the right, in its sole discretion, to revise voting tallies should the voting appear to have been tampered with or manipulated in any way.
The Contest Winner shall be awarded the following (together, the "Prize"):
- A two (2) year modeling contract with Sponsor, to include reasonable travel and accommodations (as described below) for fashion shows and photo shoots etc. as described below; and
- For a duration of one (1) year, a credit of six hundred dollars ($600) to be used on the Sponsor website. Such credit will be available to Contest Winner until the year 2030. The credit cannot be redeemed for cash, except where required by law and is non-transferable and non-redeemable.
The total and approximate retail value of the Contest is six hundred dollars ($600) for the Contest Winner.[KG13]
Any and all Contest Winner travel arrangements must be made through Sponsor. The Contest Winner must sign a Release of Liability/Publicity prior to any ticketing for travel. Once airline tickets have been ticketed, no changes by Contest Winner will be permitted. Sponsor will determine airline, airports, flight itinerary, and hotel in its sole discretion. Travel and accommodation restrictions, conditions, and limitations may apply.
The Prize is awarded "AS IS." Neither Sponsor nor Sponsor Affiliates make offer any warranty or guarantee, either express or implied (including, without limitation, quality, merchantability and fitness for a particular purpose) in connection with this Contest or the Prize. Prize details and availability are subject to change, in which case a prize of equal value may be substituted at Sponsor's sole discretion. The Prize consists only of the items listed, are non-transferable, with no cash redemption or substitution except at Sponsor's sole discretion. The Prize is subject to terms, conditions, expiration dates, and restrictions imposed by the Sponsor. Federal, state, and local taxes on prizes, if any, and any other costs, fees and expenses not listed above as specifically included as part of the prize are the sole responsibility of winner.
The odds of winning the Prize depend upon the number of completed entries received[KG14] .
The Contest Winner will be notified pursuant to the contact information provided. The Contest Winner will have forty-eight (48) hours from the moment such notification is issued to respond by following the instructions provided therein. If the Contest Winner timely responds to such notification, the Contest Winner will be required to sign an agreement of eligibility/liability, photo releases and publicity release (the "Agreement") within forty-eight (48) hours of the date of notification. If a Contest Winner cannot be contacted, fails to sign and return the Agreement or provide any other requested information within the required time period (as applicable), the potential winner forfeits the Prize. Receiving the Prize is contingent upon compliance with these Official Rules. In the event that a Contest Winner is disqualified for any reason, Sponsor may award the Prize to an alternate winner. By entering and/or participating, Contest Participants agree
- to be bound by these Official Rules;
- that the decision of the Sponsor is final and binding on all matters relating to the Contest;
- to be contacted by Sponsor by e-mail, telephone and/or mail; and
- to release and hold Sponsor and the Released Parties (defined below) from and against any and all liability for injuries and/or damages (including death) sustained in connection with acceptance, possession, use and/or misuse of the Prize or related to participation in the contest. Except where prohibited by law, by accepting the Prize, the winner consents to the use of his or her name, voice, picture or other likeness for advertising, promotional and other purposes in any media as determined by Sponsor without further approval or compensation.
REQUIRED REPRESENTATIONS AND WARRANTIES:
To be eligible, all entries must comply with the following restrictions:
- Your entry must be your own original images, videos and other content (collectively, "Content"), created and shot by and/or featuring you; and must not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity. You must have sufficient rights in and to the Content to grant permission to Sponsor to use as described in these Official Rules.
- You represent that you have the express consent of any identifiable persons appearing in the Content to their likeness being used in the ways set out in these Official Rules, including Sponsor's right to use the image for any future commercial purpose without restrictions. Upon request, you will obtain written consent of any such persons for Sponsor. If any person appearing in the Content is under the age of majority in their state of residence, the written consent and signature of a parent or legal guardian is required. The Content must not contain any personally identifiable information of any person.
- Excepting those of Sponsor[KG15] , the Content must not contain or reference any names, products or services of any company or entity or any third party trademarks, logos, trade dress or promotion of any brand, product or service.
- The Content must not be lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, violate any laws or otherwise contain content which Sponsor in its sole discretion decides is inappropriate or objectionable.
- The Content must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
- Content must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Content is created[KG16] .
Entries that do not comply with the above requirements may not be eligible and, if submitted, may be removed at any time in Sponsor's sole discretion. Sponsor reserves the right in its sole discretion to disqualify any entry that it believes violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these Official Rules. Entrants agree to reimburse Sponsor and Sponsor Affiliates in full in respect of any losses, damages, and expenses, including reasonable attorney fees that they may sustain from the breach of a representation or warranty made by the entrant or the use of any rights granted by the entrant to Sponsor hereunder. By entering, entrant warrants that the submitted image complies with the entry requirements set out above including those at (i)-(vi) above.
By entering, entrant grants to Sponsor[KG17] a non-exclusive, worldwide, royalty-free, sub-licensable, assignable license to reproduce that image and to otherwise use, exploit, copy, modify, adapt, edit, publish and display the Content in any form, manner, venue, media or technology now known or later developed for any and all purposes, including, without limitation, for purposes of trade, advertising, and promotion as Sponsor and its licensees or assignees determine, without further compensation, notification, or permission. Further, by entering, the entrant hereby waives any moral rights the entrant may have in the image in favor of the Sponsor.
At Sponsor's request and in its sole discretion, entrants may be required to execute an assignment and release transferring all rights and ownership of their image to Sponsor, the form of such assignment to be determined by Sponsor.
PUBLICITY & MARKETING:
NO LIABILITY & INDEMNIFICATION:
Neither Sponsor, Sponsor Affiliates, nor their respective directors, officers, employees, agents and assigns, harmless from and against any and all claims and liability (the "Released Parties") are responsible for and entrants release each from any failures of any kind (whether caused by computer, technical, or human error) which may either limit the entrant's ability to submit an entry, register a vote, claim a prize, or otherwise participate in this Contest, or a Released Party's ability to include all eligible entries, votes, judging, notify potential winners, or otherwise execute this Contest in the manner intended. Entrants further release and agree to indemnify the Released Parties from all liability, claims or actions of any kind for injuries, death, damages, or losses to persons or property alleged to have been sustained in connection with this Contest including, but not limited to:
(a) the receipt, ownership or use of any prize awarded; (b) any travel or prize-related activity; (c) any typographical or other error in these Official Rules or any other materials disseminated by Sponsor; and (d) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with any equipment, systems, networks, lines, satellites, servers, computers, or providers used by an entrant or Released Party.
Decisions of Sponsor on all matters related to the Contest are final. Sponsor reserves the right to cancel or modify the Contest for any reason, including but not limited to, if fraud, misconduct or technical failures destroy the integrity of the Contest, or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper administration of the Contest as determined by Sponsor, in its sole discretion. Sponsor reserves the right to disqualify or prohibit the participation of an individual if fraud or tampering is suspected, or if the individual fails to comply with any requirement of participation or with any provision in these Official Rules. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL & CIVIL LAWS. SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND/OR SEEK DAMAGES FROM ANY INDIVIDUAL MAKING ANY SUCH ATTEMPTS TO THE FULL EXTENT PERMITTED BY LAW.
GOVERNING LAW & MANDATORY ARBITRATION:
Any disputes arising under this Contest and/or these Official Rules will be governed by the internal laws of the State of California. Sponsor and each entrant agree that any such claim or dispute between the parties, or between a party and any agent, employee, successor, or assign of the other, related to this Contest and/or these Official Rules (including the applicability of this arbitration clause) shall be resolved by binding arbitration administered by the JAMS under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS' website (www.jamsadr.com) Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.
If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.