NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE
YOUR CHANCES OF WINNING. Open only to legal residents of the The
Commercial Appeal distribution area which includes only: county in the
state of AR: Crittenden; counties in the state of MS: Desoto,
Marshall, Tate, Tunica; counties in the state of TN: Fayette, Shelby,
Tipton, who are 18 years of age or older as of date of entry. Void
wherever prohibited by law. Employees of Memphis Publishing Company
d/b/a The Commercial Appeal, (“Sponsor”), their respective affiliates,
subsidiaries, advertising and promotion agencies, suppliers and the
immediate family members (spouse, mother, father, in-laws, grandmother,
grandfather, brother, sister, children and grandchildren) and/or those
living in the same household of each are not eligible. By participating,
entrants agree to be bound by the Official Rules and the decisions of
Sponsor.
This promotion is in no way sponsored, endorsed
or administered by, or associated with, Facebook. You understand that
you are providing your information to Sponsor and not to Facebook. The
information you provide will only be used to select a winner for this
contest and receive future promotional e-mails from Sponsor. You may opt
out from receiving those e-mails at any time.
TO ENTER:
Beginning 12:01 AM Central Time August 6, 2012 through 11:59 PM Central
Time August 27, 2012 (“Entry Period”), you can enter this sweepstakes
through the sweepstakes application on the Facebook Platform on The
Commercial Appeal page on Facebook (www.facebook.com/commercialappeal).
Links are also located on www.commercialappeal.com. During the Entry
Period, follow the onscreen instructions to enter this giveaway by
“Liking” The Commercial Appeal page, uploading Photo(s) (described
below) and completing all of the required information.
ENTRY
REQUIREMENTS: A “Photo” is a still image of what you are eating,
drinking, or of your food-related merry-making food dishes. The Photos
must be uploaded for entry in the .JPG format. All decisions regarding
these definitions or an entry’s ability to meet these definitions lies
within the sole discretion of the Sponsor. By submitting a photo,
entrant agrees to have your photo, first name and city online at
www.commercialappeal.com, any of Sponsor’s websites and/or Facebook
pages. Photo submitted must also meet the requirements of the Terms of
Use and the Privacy Policy located at www.commercialappeal.com. Failure
to comply with the Official Rules, the Terms of Use, or Privacy Policy
(as determined within the sole discretion of the Sponsor) will result in
disqualification. Photographs taken by a professional photographer or
studio will not be accepted.
CONDITIONS OF ENTRY: By submitting
any entry (including, without limitation, the Photo) to us, whether
complete or not and whether eligible or not, you represent and warrant
to Sponsor and Sponsor Affiliates that your entry (including, without
limitation, the Photo): (a) is your original creation; (b) has not copied, in
whole or in part, any other work, (c) does not violate or infringe any
copyright, trademark, patent, trade secret, privacy or publicity right,
or other proprietary or intellectual property right of any person or
entity; (d) is not defamatory, libelous, obscene, or otherwise illegal,
and (e) is your sole and exclusive property, subject to no other
third-party rights.
You further represent and warrant
to Sponsor and Sponsor Affiliates that (a) the photo you submit was
taken by you, (b) you have obtained the express approval and permission
from any person who may appear or be mentioned in any way in your entry,
and (c) Sponsor and Sponsor Affiliate’s use of your entry (including,
without limitation, the Photo) will not result in the infringement of
any legal rights of any third party.
GRANT OF RIGHTS:
Upon submitting an entry (including, without limitation, the Photo),
whether complete or incomplete, you grant to Sponsor and Sponsor
Affiliates the worldwide, non-exclusive, irrevocable, royalty-free,
perpetual license to copy, publish, distribute, promote, perform, edit,
create derivative works of, or otherwise use portions of your entry
(including, without limitation, the Photo), without charge, for any
purpose in connection with this Contest or Sponsor or Sponsor
Affiliates’ business(es) in any format, media or technology now known or
later developed for the full term of any copyright that may exist in
your entry (including, without limitation, the Photo).
There
is no limit to the number of photos you can enter. No mechanically
reproduced entries of any kind permitted. Illegible and incomplete
entries are void. Sponsor is not responsible for lost, late, mutilated,
postage due, misdirected entries or entries not received. In the event
of a dispute over who submitted an online entry, the entry will be
deemed to have been submitted by the authorized account holder of the
e-mail account identified on the online entry form. The authorized
account holder is deemed to be the natural person who is assigned to an
e-mail address by an Internet access provider, service provider, or
online organization responsible for assigning e-mail addresses for the
domain associated with the submitted e-mail address. Entries become the
property of Sponsor and will not be returned.
WINNER
DETERMINATION: The winning photo will be determined by Judges from The
Commercial Appeal, based on a subjective determination of which photo
they feel is the funniest, coolest, or yummiest photo, on or about
8/28/2012. Decisions of Sponsor are final on all matters. Winners will
be notified by phone/mail. Limit one prize per person/household address.
Odds of winning will depend upon the number of eligible entries
received.
PRIZES: (1) One First Prize: winner will receive a
$100 gift certificate to the restaurant of the winner’s choice (ARV:
$100). Restaurant must be located in The Commercial Appeal distribution
area defined above. Prizes consist of only those items specifically
listed as part of the prize. No substitution or transfer/assignment of
prize by winners permitted. Subject to all terms, conditions and
restrictions gift card or imposed by issuer. If by reason of printing or
other error, more prizes are claimed than the number of prizes set
forth in these Official Rules, a random drawing will be held to award
the advertised
number of prizes in the relevant category. Under
no circumstances will more than the advertised number of prizes be
awarded. Prizes must be picked up from The Commercial Appeal office at
495 Union Avenue, Memphis, TN 38103 within 30 days of winner being
announced. Facebook and Sponsor, their parent companies, affiliates,
subsidiaries or agencies are not liable for any losses, injuries, or
damages of any kind resulting from acceptance of and/or participation in
prizes. Facebook and Sponsor, their parent companies, affiliates,
subsidiaries and agencies are not liable for any losses, injuries, or
damages of any kind resulting from acceptance of and/or participation in
prizes. SPONSOR MAKES NO WARRANTY, GUARANTEE, OR REPRESENTATION OF ANY
KIND CONCERNING ANY PRIZE, AND SPONSORS SPECIFICALLY DISCLAIM ANY
IMPLIED WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS, AND ANY OTHER
IMPLIED WARRANTY.
All federal, state and local taxes are
solely the responsibility of winner(s). All federal, state and local
laws and regulations apply. Potential winners (or parent/legal guardian
if potential winner is a minor in his/her state of residence) may be
required to sign and return an Affidavit of Eligibility/Release of
Liability/Prize Acceptance Form, which may require social security
number, postmarked within 10 days of the date on notification materials.
Noncompliance within this time period and/or return of any prize/prize
notification as undeliverable may result in disqualification and an
alternate potential winner may be randomly selected from all remaining
eligible entries. To claim any prize, winner must provide valid
government-issued photo identification satisfactory to Sponsor in its
sole discretion. Sponsor reserves the right to substitute any prize
with prize of equal or greater value. Acceptance of any prize
constitutes permission to the Sponsor to use winners’ name, voice,
statements, image and likeness for purposes of advertising and trade, in
any medium, without further compensation, unless prohibited by law.
Submission of contact information in connection with this Sweepstakes
(whether or not required), including mailing address, phone number, and
email address, during entry constitutes permission for Sponsor to add
entrant to Sponsor’s customer database and to contact entrant in the
future for promotional and other reasons. You may opt-out of receiving
such communications as set forth in Sponsor’s Privacy Policy located at
www.commercialappeal.com or as provided within any such marketing
materials (e.g., using the “Unsubscribe” feature provided in the footer
of Sponsor’s emails).
TERMS: Sponsor not responsible for any
typographical or other error in the printing, the offering or the
announcement of any prize or in the administration of the promotion,
whether caused by computer, technical or human error. Winners assume all
liability and agree to hold Sponsor harmless for any injury or damage
caused, or claimed to be caused, by participation in this promotion or
use or redemption of any prize. Sponsor is not responsible for late,
lost, damaged, incomplete, illegible, faulty, or incorrect
transmissions, incorrect announcements of any kind, technical hardware or software failures
of any kind, any damage to any person's computer related to or
resulting from participating in the online portion of the promotion,
lost or unavailable network connections, or failed, incomplete, garbled
or delayed computer transmission that may limit a user’s ability to
participate in the promotion whether caused by computer, technical or
human error. All terms of the promotion shall be construed according to,
and any disputes shall be subject to, the laws of the State of Ohio.
EXCEPT WHERE PROHIBITED, ENTRANTS AGREE THAT ANY AND ALL DISPUTES,
CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS
PROMOTION SHALL BE RESOLVED EXCLUSIVELY BY IN THE COURTS OF OHIO LOCATED
IN HAMILTON COUNTY, OHIO, AND ANY AND ALL CLAIMS, JUDGEMENTS AND AWARDS
SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED BY ENTRANT WITH
REGARD TO THIS PROMOTION, BUT IN NO EVENT ATTORNEYS’ FEES, PUNITIVE,
INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. All issues and questions
concerning the construction, validity, interpretation and enforceability
of these Official Rules, or the rights and obligations of entrants and
sponsors in connection with the promotion shall be governed by and
construed in accordance with the laws of the State of Ohio, without
giving effect to any choice of law or conflict of law rules or
provisions (whether of Ohio or any other jurisdiction) that would cause
the application of the laws of any jurisdiction other than Ohio. The
courts of Ohio in Hamilton County shall be the exclusive forum for any
dispute relating to these Official Rules and/or this promotion. All
participants and winners agree, by their participation in the Contest,
to submit to the personal jurisdiction of the courts of Ohio in Hamilton
County and waive the right to contest jurisdiction. Sponsor reserves
the right to cancel or modify the promotion or any portion of it for any
reason, including but not limited to, if fraud, misconduct or technical
failures destroy the integrity of the promotion; or if a computer
virus, bug, wireless failure, or other technical problem corrupts the
administration, security, or proper administration of the promotion as
determined by Sponsor, in its sole discretion. Sponsor reserves the
right to disqualify, freeze 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. Any attempt to undermine the
operation of this promotion 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.
WINNERS LIST: For the winner’s name, available after September
15, 2012, send a self-addressed stamped envelope to: Food Photo Rodeo
Winner List, c/o Marketing Department, The Commercial Appeal, 495 Union
Avenue, Memphis, TN 38103 to be received by November 15, 2012. SPONSOR:
Memphis Publishing Company, dba The Commercial Appeal, 495 Union
Avenue, Memphis, TN 38103.
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