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1. DESCRIPTION: The Fruit of the Loom® Breathable Back to School #ExtraContest (the “Contest”) is a competition in which eligible “Entrants” (as defined in Section 2) must post a photo or video to Instagram showing why the Entrant needs extra help during the hectic back-to-school season (the photo or video collectively with the post content, the “Submission”) to compete for $10,000 USD, as further described below and in accordance with these Official Rules. The sponsor of this Contest is Union Underwear Co., dba Fruit of the Loom ("Sponsor"), One Fruit of the Loom Drive, Bowling Green, KY 42102. The administrator of this Contest is Creative Zing Promotion Group ("Administrator"), 2265 Lee Road, Suite 229, Winter Park, FL 32789. Sponsor and Administrator shall collectively be known as the “Contest Entities”.
The Contest will operate as follows:
2. ELIGIBILITY: To participate, Entrants must meet the following eligibility criteria:
3. HOW TO PARTICIPATE: The Contest offers eligible Entrants an opportunity to post a Submission, as described below, to progress to the Contest Judging phase.
Instagram Entry: The Entrant’s Instagram account must be set to public, not private. During the Submission Period, the Entrant must log into his or her Instagram account and create a public post featuring the Entrant’s photo or video. The Submission must include the hashtag #ExtraContest and tag @fruitoftheloom (collectively, the “Required Tags”) to be valid. The #ExtraContest hashtag must be in the caption on the post, not in the comments. Submissions cannot be posted as Instagram stories. Entrant can enter one unique Submission per calendar day during the Submission Period (the same Submission cannot be reposted each day). Entries must be received by 11:59:59 pm PT on September 1, 2019. If entries exceed the entry limitations, only the first eligible entry submitted on a calendar day will be eligible for consideration in the Contest, at the sole discretion of the Contest Entities.
The Submission must:
The Submission must NOT:
By entering the Contest, each Entrant acknowledges and agrees that: (a) Sponsor is granting Entrants a limited right to use Fruit of the Loom® brands solely for the purposes of the Contest, (b) any goodwill emanating from the use of the FRUIT OF THE LOOM® trademark shall inure solely to the benefit of Fruit of the Loom, Inc., (c) Entrants shall have no right, title or interest in the Submission, and (d) any unauthorized use of the Submission other than as permitted by these Official Rules may constitute copyright infringement. Entrant may not use the Submissions for any purpose outside of this Contest, including without limitation, any commercial purpose.
IMPORTANT: Entrant’s Submission may appear in the Sponsor’s social media stream. If Entrant does not want his or her Submission to be made public, he or she should not enter the Contest. Contest Entities reserve the right to edit or request that an Entrant edit or completely remove any content that may intentionally or unintentionally violate the Official Rules. Contest Entities will determine in their sole discretion which Entries have satisfied the eligibility requirements. Sponsor reserves the right to waive the Contest entry requirements set forth herein in its reasonable discretion. Without in any way limiting the effect of the rest of these Official Rules, any Entrant who incorporates any intellectual property owned by a third party into his or her Submission without written permission is solely responsible for any such use of the intellectual property, and such Submission shall be disqualified from the Contest.
4. CONTEST JUDGING: Throughout and immediately following the Contest Period, eligible Submissions will be reviewed and evaluated by representatives of the Contest Entities. Eligible Submissions will be judged in accordance with the following weighted criteria (“Judging Criteria”):
The Entrant with the highest total score among all Judging Criteria will be deemed the potential winner, and subject to verification of eligibility and compliance with these Official Rules, the potential winner will be declared the official “Grand Prize Winner”. In the event of a tie, the tied Submissions will be re-evaluated by the Contest Entities in accordance with the aforementioned criteria, and the Entrant with the highest rating on “Relevance/Demonstrated Need” will be deemed the potential winner. Judges’ decisions are final and binding. Final judging scores will not be revealed or publicly announced.
5. WINNER/FINALIST NOTIFICATION: On or about Tuesday, September 10, 2019, the potential winner as determined by the judging results will be contacted via the Social Media Platform either by direct message or a public-facing comment. The potential winner will be required to respond (as directed by the Administrator and/or Sponsor) to the notification within twenty-four (24) hours (or a shorter time if required by exigencies) of first attempted notification. The failure to timely respond to the notification may result in disqualification, and the Administrator will select an alternate potential winner based on the judging results. The potential winner will be required to complete an affidavit of eligibility, a liability release, and, unless prohibited by law, a publicity release and other legal documents as may be required by Sponsor in its sole discretion (collectively, the "Prize Claim Documents") covering eligibility, liability, advertising, publicity and media appearance issues. If requested, the potential winner will be required to provide releases from each Participant (or each Participant’s parent or legal guardian if a minor) and/or proof that musical accompaniment is wholly original, if applicable. The potential winner may be required to provide his or her Social Security Number for the purpose of submitting to a background check. Such background check may include (but is not limited to) investigation of employment history, criminal or other arrest or conviction record, and any other factor deemed relevant by the Sponsor to help ensure that any potential Grand Prize Winner will not, in the Sponsor’s sole discretion, bring Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on Sponsor. If requested, the potential winner agrees to sign waiver forms authorizing the release of personal and background information. Pending the results of the background check, the Sponsor reserves the right to disqualify the potential winner or award the prize as described in the Official Rules, in its sole discretion. Additionally, the Grand Prize Winner must provide the Contest Entities with his or her social security number for tax reporting purposes before the prize will be awarded. An IRS Form 1099 will be issued to the Grand Prize Winner in February 2020 for the actual value of the prize received.
A prize will not be awarded/fulfilled until all such properly executed documents are returned. Contest Entities, in their sole discretion, will attempt to contact up to three (3) potential winners of a prize in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed. Administrator reserves the right to disqualify anyone not fully complying with the Official Rules.
6. GRAND PRIZE (1 available): The Grand Prize consist of Ten Thousand US Dollars ($10,000), awarded in the form of a check.
Winner cannot assign or transfer the prize to another person. ALL FEDERAL, STATE AND LOCAL TAXES, AND ANY OTHER COSTS AND EXPENSES, ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER.
7. CONDITIONS OF PARTICIPATION/RELEASES: Contest is void where prohibited or restricted by law. All federal, state and local laws and regulations apply. By participating, each Entrant agrees to be bound by these Official Rules and the decisions of the Sponsor and Administrator, which shall be final in all respects. By participating in this Contest and/or by accepting any prize that he or she may win, each Entrant agrees to release the Contest Entities, and their respective affiliates, divisions, subsidiaries, successors, assigns, and licensees, and each of their respective employees, shareholders, officers, directors, contractors, advertising and promotion agencies, agents and representatives (collectively, the "Released Parties") from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Contest and/or acceptance or use of any prize. Each Entrant authorizes the Contest Entities to use his/her Submission, name, voice, likeness, biographical data, city and state of residence and entry materials in programming or promotional material, worldwide in perpetuity, or on a winner's list, if applicable, without further compensation unless prohibited by law. Contest Entities are not obligated to use any of the above-mentioned information or materials but may do so and may edit such information or materials, at Contest Entities’ sole discretion, without further obligation or compensation. The Released Parties shall not be liable for: (i) late, lost, delayed, damaged, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible entries, release forms, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any and all losses, damages, rights, claims and actions of any kind in connection with or resulting from participation in the Contest; (v) acceptance, possession, grant, use of or participation in any prize or related prize event, including without limitation, personal injury, death and property damage arising there from; (vi) claims based on publicity rights, defamation or invasion of privacy; or (vii) any printing, typographical, human administrative or technological errors in any materials associated with the Contest. Contest Entities disclaim any liability for damage to any computer system resulting from participating in or accessing or downloading information in connection with this Contest. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Contest (or any portion thereof) should a virus, bug, computer problem, unauthorized intervention or other cause or problem corrupt or inhibit the administration, security or proper play of the Contest and, in such situation, to select the winner from among all eligible non-suspect entries received prior to and/or after such action or in such manner as deemed fair and appropriate by the Sponsor. Sponsor may prohibit you from participating in the Contest or winning a prize if, in its sole discretion, it determines you are attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any other unfair playing practices or intending to annoy, abuse, threaten or harass any other players or Sponsor's representatives. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE CONTEST. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
8. INDEMNITY: Winner shall indemnify, defend and hold harmless the Released Parties from and against any and all claims, damages, actions, liability, loss, injury or expense, including reasonable attorneys’ fees and costs, arising out of or in connection with: (a) participation in the Contest; (b) a breach or allegation which if true would constitute a breach, of any of winner’s representations, warranties or obligations herein; and (c) acceptance, possession, grant, participation in, or use of any prize, including without limitation, personal injury, death and property damage arising therefrom.
9. SUBMISSION REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each Entrant represents and warrants as follows: (i) the Submission is the Entrant’s own original, previously unpublished, and previously unproduced work; and (ii) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory, slanderous, or libelous. Each Entrant hereby agrees to indemnify and hold the Released Parties harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.
10. GRANT OF RIGHTS: Each Entrant into the Contest hereby irrevocably grants to Sponsor, its designees, affiliates, successors and assigns, the non-exclusive, irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display the Submission in any media now known or hereafter devised including, but not limited to all forms of electronic media, print media and all forms of internet and wireless protocol in perpetuity and throughout the universe for advertising, marketing, publicity and promotional purposes in connection with the Contest and other promotions. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein.
11. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each Entrant and the Grand Prize Winner, understand and acknowledge that the Contest Entities have wide access to ideas and other materials, and that new ideas are being developed by their own employees, suppliers, and/or business partners. Each Entrant and the Grand Prize Winner also acknowledges that many ideas may be competitive with, similar or identical to an idea and/or each other in theme, idea, format or other respects and agrees that he or she will not bring any action against Contest Entities or any third parties, and will not be entitled to any compensation, as a result of any Contest Entities or any third party’s use of any such similar or identical material. Each Entrant and the Grand Prize Winner acknowledges and agrees that the Contest Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of copyright, patent, trade secret, or other intellectual property rights in and to the Submission. Nothing stated herein should be construed to create any kind of employment relationship, contractor relationship, partnership or joint venture with Contest Entities.
12. NO OBLIGATION TO USE: Sponsor shall have no obligation (express or implied) to use any Submission, or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of any Submission for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof.
13. FURTHER DOCUMENTATION: If Sponsor shall desire to secure additional assignments or certificates of engagement for the Submissions or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each entrant agrees to sign the same upon Sponsor’s request therefor.
14. ARBITRATION AND GOVERNING LAW: Any controversy or claim arising out of or relating to the Contest shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the comprehensive arbitration rules and procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Kentucky law consistent with the federal arbitration act and applicable statutes of limitations and shall honor claims of privilege recognized at law. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty (60) days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. The arbitration of disputes pursuant to this paragraph shall be in the Entrant’s individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
This Contest is governed by US law and is subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules, or the rights and obligations of Entrant and the Contest Entities in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Kentucky, without giving effect to the conflict of laws rules thereof, and each Entrant agrees that any matters or proceedings which are not subject to arbitration as set forth above and/or for entering any judgment on an arbitration award, shall be subject to the jurisdiction and venue of Warren County, Kentucky.
16. WINNER LIST: To obtain a copy of the Winner list, send your request along with a stamped, self-addressed envelope to the “Creative Zing – #ExtraContest" Winner List, 2265 Lee Road, Suite 229, Winter Park, FL 32789. Requests for the names of the winners must be received no later than September 30, 2019.