OFFICIAL RULES:
VOID WHERE, OR TO THE EXTENT, PROHIBITED. NO PURCHASE NECESSARY TO ENTER OR WIN.
1. INTRODUCTION
This document describes the official rules (“Rules”) of all contests organized by the CHOU! group, (the "Contest"). The object of the present contest can be found at www.choustore.com/Contests.shtml. The Winners will be displayed at www.CHOUstore.com. Information on how to enter and prizes forms part of these Rules. To the extent of any inconsistency, these Rules prevail.
2. DEFINITIONS
"Entry" means a picture/photo/design/text submitted by the Entrant for this Contest.
"Entrant" means the individual or group of individuals that offers the Entry under the terms of this Contest.
"Sponsor" means the CHOU! group of Carbondale, IL 60002.
3. ACCEPTANCE
Participation constitutes the Entrant's full and unconditional agreement to and acceptance of these Rules. By participating in the Contest, the Entrant is representing and warranting that he/she has read and understood, and agrees to be bound by, these Rules. Including the guides and rules referred to herein, these Rules constitute the entire agreement between the Entrant and the Sponsor in relation to the Contest. They govern the Entrant's participation and supersede any prior or other agreements between the Entrant and the Sponsor and relating to the Contest.
4. ELIGIBILITY
The Contest is open only to individuals who reside in the United States and are at least 18 years of age. Contest is void where prohibited by law. Residents of the United States between the ages of 15 and 17 years old are eligible to participate in the Contest but will be required to submit a signed parental consent form in order to collect any prizes won. Employees and contractors of CHOU! group and their respective parent companies, subsidiaries, affiliates, suppliers, advertising agencies, and families, and persons living in the same household as such employees or contractors, are not eligible to participate. This Contest is governed by the laws of the State of Illinois, United States. The Contest is subject to all applicable, as the case may be, national, federal, provincial, state and local laws.
5. SEVERABILITY
When any provision of these Rules is found to be invalid by a court of competent jurisdiction, the parties nevertheless agree that the Court should endeavor to give effect to the intentions of the parties as reflected in the provision, and that the other provisions of these Rules remain in full force and effect.
6. CONTEST PERIOD
The Contest will begin and end at the specified times of the current Contest found at www.choustore.com/Contests.shtml.
7. HOW TO ENTER
To enter the Contest, the Entrant must go to http://www.choustore.com/Contests.shtml and follow the instructions on that page for the current Contest. There is no fee to enter the Contest.
Entrants must send entries using the correct contest entry email address, subject line, and any other specific entry information requested in the contest announcement. CHOU! group is not responsible for and will not consider incomplete or incorrect entries, or emails sent but not received by CHOU! group for any reason, as potential Contest Winners.
Each Entrant must be the named and authorized account holder of the email address submitted in connection with that Entrant's Entry. The authorized account holder is the natural person who is assigned to the email address by an internet access provider, online service provider, or other organization that is responsible for assigning email addresses or the domain associated with the submitted email address. Entries submitted will not be returned or acknowledged.
Without limiting any representations or warranties, the Sponsor has the right (though not the obligation) to, in the Sponsor's sole discretion, reject or remove from the Sponsor's websites, servers and computer systems any Entry that, in the Sponsor's sole discretion, violates these Rules or any applicable Sponsor policy or is in any way harmful or objectionable. Sponsor also reserves the right to disqualify any Entrant or Entry at the Sponsor's sole discretion. No correspondence shall be entered into regarding Sponsor’s decision.
8. SUBMISSION CRITERIA
Entrant may submit more than one submission, but only one submission can win, whether Entrant submitted the Entries as an individual, a member of a group, or both. All Entries must meet specific criteria to be accepted into the Contest: (a)all submissions cannot contain pornographic nudity, offensive language, hateful symbols or representations, cruelty, or depictions or acts of unlawfulness (b) save your file as a JPG or PNG image and email it to contests@choustore.com; (c) submissions sent to contests@choustore.com will qualify as a submission and will be reviewed by the Sponsor’s team; and (e) make sure your email account is accepting email from contests@choustore.com. Further information as to the technical requirements and guidelines of the design submission is located at www.choustore.com/Contests.shtml
Entrant must include their full name, age, legal U.S. address, phone number, and email address along with their entry.
9. PRIZES
The Winner will receive (i) recognition for winning the current Contest on CHOUstore.com; (ii) the item(s) specified by the current Contest found at www.choustore.com/Contests.shtml.
The prizes are non-transferable and no substitution by Winner or cash equivalent is permitted. The Sponsor may substitute prize for one of equal or greater value at its sole discretion. Only one prize will be awarded to an Entrant. Please note that if the Winner is a group of individuals, then the group will share the above-stated prize. A prize will not be given to each member of the group. The Winner will be responsible for all federal, provisional, state, local and other applicable taxes relating to the prize.
10. JUDGING AND SELECTION OF WINNER
Judging.
All Entries will be judged and scored by an internal Sponsor team. The judging panel will select the one (1) winning submission based on the following judging criteria: (a) Concept/Originality; (b) Effective Communication of brand and CHOU!; (c) Quality of submission; (d) Legality and Feasibility. Sponsor will contact the winning Entrant (using their email account used to submit the winning Entry) on or around 7 days past the Contest deadline. Claiming of prizes requires an email response to CHOU! group from the Winner’s email address within 7 days of being notified of winning at the email address used to enter. Failure to respond shall mean that the winner forfeits the prize. In the event of non-compliance with any of the Rules, the Winner’s prize will be forfeited, and the Entrant having the next highest rated Entry will be deemed the Winner.
The decisions of the judging panel are final on all matters relating to the Contest and no correspondence will be entered into regarding the judging panel’s decision.
11. REPRESENTATIONS AND WARRANTIES
By participating in the Contest, the Entrant warrants and represents, and if you are entering as a group each person within the group represents and warrants, in connection with the Entry submitted as part of his/her participation in the Contest: (a) he/she is the sole and exclusive owner of (and free of any adverse claim by any person, firm, or corporation) all intellectual property rights in and to the Entry; (b) the Entry is original and the use of the Entry as described in these Rules will not infringe the proprietary rights, including without limitation the intellectual property rights, of any third party; (c) the use of the Entry, as described in these Rules, will be in compliance with any third-party licenses pertaining to the Entry; (d) the Entry is not obscene or libelous, does not contain defamatory or derogatory remarks, and does not violate any rights of any third party, including but not limited to rights of privacy or publicity; (e) he/she has accurately categorized and described the type and nature of the Entry on the Entry Page; (f) the Entry does not contain any virus, spyware, malware, trap door, worm, or any other device, mechanism or code that is injurious or damaging to software or hardware used in conjunction with the Entry; (g) the Entry and its use as described in these Rules will not violate any federal, provincial, state or local laws or ordinances; (h) no employer or educational or other establishment has any rights in the Entry; (i) the Entry is consistent with these Rules; and (j) he/she has the right to grant the license to Sponsor and its designees in Section 12 below.
12. INTELLECTUAL PROPERTY
Any submission idea, documentation, photograph or video entered in this Contest shall remain the exclusive property of Sponsor and Entrant agrees that Sponsor and its designees shall have the perpetual, worldwide, irrevocable right to edit, publish and use these materials in any way and in any and all media now or hereafter known for trade, advertising, promotional and/or other purposes as Sponsor may determine in its sole discretion without further consideration to Entrant or Winner. The Entrant agrees to assign all rights, title and interest in to the submission, including copyright, to Sponsor and waives his/her moral rights in the submission. In addition to other things, the rights granted to CHOU! group includes but is not limited to the right to resize, crop, censor, compress, edit, feature, caption, affix logos to, and to otherwise alter or make use of the submissions.
You acknowledge and agree that CHOU! group shall have no obligation to post, display or otherwise make publicly available any photo or information submitted by you, and may, in its sole and unfettered discretion, remove, edit, modify or delete any photo or information that you submit to CHOU! group. CHOU! group shall have no obligation to preserve, return or otherwise make available to you or others any photos or information so submitted.
13. AUTHORIZATION TO USE WINNER'S NAME
Accepting the prize constitutes permission for the Sponsor to make public and otherwise use Winner's name, voice, picture, likeness, opinions, biographical information, city and state of residence, and submitted work without further compensation in any media now known or hereafter developed for promotional and/or publicity purposes, unless prohibited by law.
14. INDEMNITY; DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
By participating in the Contest, the Entrant agrees to be bound by these Rules, including all eligibility requirements and all decisions of the Sponsor. By participating in the Contest, the Entrant agrees to indemnify, defend, and hold harmless the Sponsor and its officers, directors, employees, agents, affiliates, contractors, contributors, subsidiaries, licensors, distributors, and parent from any and all liability, claims, or actions of any kind, including, without limitation, property damage, personal injury, and/or death, arising out of his/her (i) breach of any representation, warranty or covenant contained in these Rules; or (ii) participation in the Contest; (iii) acceptance and/or use or misuse of any prize in connection with the Contest; or (iv) any third party claim relating to any rights in any submission submitted.
BY PARTICIPATING IN THE CONTEST, THE ENTRANT AGREES THAT THE SPONSOR ENTITIES MAKE NO WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND, EXPRESSED OR IMPLIED, IN FACT OR IN LAW, RELATING TO THE CONTEST AND/OR THE PRIZES.
By participating in the Contest, the Entrant agrees that the Sponsor is not responsible, and will in no event be held liable, for any: (a) lost, late, illegible, misdirected, damaged, incomplete, corrupted or garbled entries; (b) telephone, computer, or network malfunction or error; (c) communication disruption or other disruptions related to Internet traffic, virus, bug, worm, or non-authorized intervention; or (d) damage caused by a computer virus or otherwise resulting to any computer from Entrant's access of the Contest website. If such malfunction, error, disruption, or damage occurs or impairs the administration, security, fairness, or integrity of the Contest, the Sponsor may, in its sole discretion, suspend, modify or terminate the Contest by posting a notice at http://www.choustore.com/contests.shtml. If the Contest is terminated before the scheduled end of the Contest Period, the Sponsor will determine the Winner from all eligible entries received as of the termination date. Persons found tampering with or abusing any aspect of the Contest, or whom the Sponsor believes to be causing or attempting or intending to cause any malfunction, error, disruption, or damage will be disqualified. The Sponsor reserves the right to disqualify any unauthorized entries, including, without limitation, or any entries made through robotic, automatic, mechanical, programmed or similar multiple-entry, or entry duplication, method and to disqualify any person or entity using such a method.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, AND ONLY TO THE MAXIMUM EXTENT PERMISSIBLE BY THE APPLICABLE LAW, BY PARTICIPATING IN THE CONTEST, THE ENTRANT AGREES THAT IN NO EVENT WILL THE SPONSOR OR ANY SPONSOR ENTITY BE LIABLE TO ENTRANTS OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR NATURE OF THE CLAIM, RELATING IN ANY MANNER TO THESE OFFICIAL RULES, THE CONTEST OR THE ENTRANT'S PARTICIPATION THEREIN, EVEN IF THE SPONSOR OR A SPONSOR ENTITY WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALSO NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, BY PARTICIPATING IN THE CONTEST, THE ENTRANT FURTHER AGREES THAT IN NO EVENT WILL THE LIABILITY OF THE SPONSOR OR ANY SPONSOR ENTITY RELATING IN ANY MANNER TO THESE OFFICIAL RULES, THE CONTEST OR THE ENTRANT'S PARTICIPATION THEREIN EXCEED THE GREATER OF US$30 OR ANY OTHER AMOUNTS PAID BY THE ENTRANT TO ENTER INTO THE CONTEST. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO THE ENTRANT. IN THE EVENT THAT THE PRECEDING RELEASE IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE INVALID OR VOID FOR ANY REASON, THE ENTRANT AGREES THAT, BY ENTERING THE CONTEST, (I) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OR ACTION ARISING OUT OF OR IN CONNECTION WITH THE CONTEST, OR ANY PRIZES AWARDED, SHALL BE RESOLVED INDIVIDUALLY WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (II) ANY CLAIMS, JUDGEMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THE CONTEST, BUT IN NO EVENT ATTORNEY'S FEES.
15. PRIVACY
Except as otherwise stated herein or as otherwise agreed by the Entrant and the Sponsor, the information communicated by the Entrant in connection with Entry to the Contest will be used for the purposes relating to this Contest, and will not be communicated to third-parties without prior permission.
You understand and intend that any photo or information submitted by you to CHOU! group may be available for viewing, rating, review and comment on by the public, and understand that comments or ratings with which you disagree or are unhappy about may be published or otherwise become associated with any photo or information you submit to CHOU! group. By submitting any photo or information to CHOU! group, you hereby waive any privacy expectations that you may have with respect to any such photo or information submitted by you to CHOU! group.
16. TRADEMARK INFORMATION
The name CHOU!, phrase “Wear Out Loud!” as well as the CHOU! logo are all trademarks of the CHOU! group. Any use of those or any other Sponsor trademark, service mark, trade name or logo must comply with the CHOU! group wishes.
17. INTERPRETATION, GOVERNING LAW; JURISDICTION
Interpretation. In the case of any dispute about the interpretation of the Rules, Sponsor’s decision as to the interpretation shall be final and Entrant shall be bound by Sponsor’s decision.
Governing Law. The interpretation and enforcement of these Rules will be governed by the laws of the State of Illinois, USA, except to the extent required to be governed by the local law in the place of residence of Entrant.
18. CONSIDERATION
The Entrant agrees that the ability to participate in the Contest and to compete for the prizes offered in connection with the Contest constitute, where required, sufficient consideration for the Entrant's obligations under these Rules.
Please retain a copy of these Rules for your records. |
