Chubbies, Inc. (“Sponsor”), 430 Pacific Avenue, San Francisco, CA 94107.
The Chubbies #55 Hours Contest (“Contest”) call for entry period begins on September 7, 2016 at 12:00:00 a.m. Pacific Time (“PT”) and ends on September 25, 2016 at 11:59:59 p.m. PT (“Promotion Period”). Sponsor’s computer is the official time-keeping device for the Contest. 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.
AGREEMENT TO OFFICIAL RULES:
During the Promotion Period, go to www.chubbies.com/55hours (“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 e-mail account identified in the Entry. Entries become the property of Sponsor and will not be returned.
Phase 1: Initial Entry
Initial Entry may be made any time during the Promotion Period. Multiple Entries are permitted during the Promotion Period.
Phase 2: Determination of Top Twenty-Four Contest Finalists
We will begin selecting the twenty-four contest finalists (the “Contest Finalists”) the day of September 26th beginning at 12:00am PT and we notify Contest Finalists of their selection no later than September 26th at 11:59pm PT. Contest Finalists will be publicly announced no later than September 28th at 11:59pm PT.
Phase 3: Public Vote to Determine the Four (4) Grand Prize Winners
The public vote opens up on September 29th at 12:00am PT and continues until October 10th at 11:59pm PT. Winners will be notified and announced on October 11th, 2016.
CONTEST PHASE DESCRIPTIONS
Phase I: Initial Entry
Initial Entry may be made any time during the Promotion Period. Multiple Entries are permitted during the Promotion Period. The public will be encouraged to comment, like and share the Contest Participants Entries.
The public comments, likes and shares of a Contest Participant’s Entry at the end of Phase I will be used to determine the public voting score included in the Judging Criteria described below. Any attempt by any Contest Participant to obtain comments, likes and/or shares by any fraudulent or inappropriate means, as determined by Sponsor in its sole discretion, including without limitation, offering prizes or other inducements to members of the public, by using any automated program, vote bots, share bots, or any other methods, will void those comments, likes and/or shares for the Contest Participant and the Contest Participant may be disqualified as determined by Sponsor in its sole discretion. Sponsor in its sole discretion reserves the right to revise comment, like and/or share tallies should the voting appear to have been tampered with or manipulated in any way.
Phase II: Determination of Top Twenty (24) Contest Finalists
A panel of judges made up of authorized representatives of Sponsor in its sole discretion will review each Entry submitted during Phase I and select up to twenty four (24) Contest Finalists that receive from among all eligible Entries the highest scores based on the application of the following judging criteria (“Judging Criteria”):
Prior to the final public vote to determine the four (4) Grand Prize Contest Winners (as described in Phase III below), the selected Contest Finalists will be required to complete a Sponsor survey and will be permitted to submit more photos as part of their final profile used to determine the four (4) Grand Prize Contest Winners.
Phase III: Public Vote on Contest Finalists to Determine Four (4) Grand Prize Contest Winners
Prior to the opening of the public vote as described below, Sponsor will create a profile for each Contest Finalist on the Contest Site based on the Contest Finalists’ winning Entry and any additional photos submitted by the Contest Finalist. Once the public vote opens, the public will be permitted to visit the Contest Site and share the twenty four (24) Contest Finalists’ profiles. The public vote will be based on the number of shared profiles of each of the Contest Finalists based on the Photo Appeal criteria set forth above. One (1) share of a Contest Finalist’s profile equals one (1) vote for that Contest Finalist. The four (4) Contest Finalists with the most votes will be the four (4) grand prize contest winners (the “Contest Winners”). The public vote tallies for the Contest Finalists will be the sole determination of the Contest Winners. If there is a tie, Sponsor will select the applicable winner based on scores received as a result of the authorized representatives of Sponsor’s panel of judges’ application of the Judging Criteria.
Any attempt by any Contest Finalist to obtain profile shares by any fraudulent or inappropriate means, as determined by Sponsor in its sole discretion, including without limitation, offering prizes or other inducements to members of the public, by using any automated program, vote bots, share bots, or any other methods, will void those profile shares for the Contest Finalist and the Contest Finalist may be disqualified as determined by Sponsor in its sole discretion. Sponsor in its sole discretion reserves the right to revise profile share tallies should the voting appear to have been tampered with or manipulated in any way.
The four (4) Grand Prize Contest Winners shall be awarded the following (together, the “Grand Prize”):
The twenty (20) runner-up Contest Finalists shall be awarded the following (together, the “Runner-Up Prize”):
Additionally, all Contest Finalists will be invited to join the Chubbies Club of Fresh Photographers who Instagram Pretty Good. Fresh Photographers will gain access to early releases and can apply for photoshoot budgets to help generate content for Chubbies.com and our social accounts.
The total and approximate retail value of the Contest is twenty-five hundred dollars ($2,500.00) per Contest Winner, one hundred thirty dollars ($130.00) per runner-up Contest Finalist, and twelve thousand six hundred dollars ($12,600.00) in the aggregate.
Any and all Contest Winners’ travel arrangements must be made through Sponsor. The Contest Winners must sign a Release of Liability/Publicity prior to any ticketing for travel. Once airline tickets have been ticketed, no changes by Contest Winners will be permitted. Sponsor, in conjunction with HotelTonight, will determine airline, airports, dates of travel, flight itinerary, and hotels in its sole discretion. Travel and accommodation restrictions, conditions, black out dates and limitations may apply. All travel must be completed prior to December 31, 2017.
The Grand Prize and the Runner-Up Prize (together the “Prize”) are 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.
The Contest Winners and runner-up Contest Finalists will be notified pursuant to the contact information provided. The Contest Winners and runner-up Contest Finalists 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 and runner-up Contest Finalist timely responds to such notification, the Contest Winner and runner-up Contest Finalist 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 or a runner-up Contest Finalist 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 a runner-up Contest Finalists. By entering and/or participating, Contest Participants agree
REQUIRED REPRESENTATIONS AND WARRANTIES:
To be eligible, all Entries must comply with the following restrictions:
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. Contest Participants 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 Contest Participant or the use of any rights granted by the Contest Participant to Sponsor hereunder. By entering, Contest Participant warrants that the submitted Content complies with the Entry requirements set out in these Official Rules.
By entering, Contest Participant grants to Sponsor a non-exclusive, worldwide, royalty-free, sub-licensable, assignable license to reproduce that Content 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 Contest Participant hereby waives any moral rights the Contest Participant may have in the Content in favor of the Sponsor.
At Sponsor’s request and in its sole discretion, Contest Participants may be required to execute an assignment and release transferring all rights and ownership of their Content to Sponsor, the form of such assignment to be determined by Sponsor.
By participating in this Contest, Contest Participant acknowledges and agrees that he/she will clearly and conspicuously disclose that he/she is participating in this Contest in any online social sharing interaction that references the Contest or is used to obtain Entries in connection with this Contest. At a minimum, the hashtags @chubbies and #55hours must be included in all social media communications sent pursuant to the Contest. Sponsor reserves the right in its sole discretion to disqualify any Contest Participant who does not adequately disclose his or her participation in this Contest while engaging in any online social sharing interaction during the Contest Period.
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 Contest Participants release each from any failures of any kind (whether caused by computer, technical, or human error) which may either limit the Contest Participant’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 a Contest Participant 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. Entries that violate the terms of these Official Rules will be disqualified. Sponsor reserves the right in its sole and unfettered discretion to disqualify any Entry that it believes is inappropriate or not suitable for publication, that does not comply with these Official Rules, or that is not consistent with the spirit or theme of the Contest. 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 Contest Participant 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.
WINNERS AND FINALISTS:
To obtain a list of the Contest Winners and Contest Finalists, please visit the Contest Site. The Contest Winners and Contest Finalists will be posted after winner confirmation is complete.