TERMS AND CONDITIONS
POPEYES GET YOUR WINGS AND GET AWAY PHOTO CONTEST AND SWEEPSTAKES
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING A PRIZE. INTERNET ACCESS REQUIRED. VOID WHERE PROHIBITED.
ELIGIBILITY: The Popeyes Get Your Wings and Get Away Contest and Sweepstakes (collectively, the “Promotion”) is open only to legal residents of the 50 United States or the District of Columbia who are at least 18 years or older as of the first day of the Promotion (August 31, 2009). Void in Canada, Puerto Rico, US territories and possessions and where prohibited or otherwise restricted by law. The Sponsor and Dr Pepper/Seven Up, Inc., and their respective employees, contractors, directors and officers; the officers, directors, shareholders, members, employees and agents of their respective parents, subsidiaries, franchisees, divisions, affiliates, suppliers, distributors, advertising and promotional agencies, as applicable; and the immediate families (defined as spouse, mother, father, sisters, brothers, sons and daughters, regardless of where they reside) and members of their households (whether related or not) of these entities, and all others associated with the development, promotion, evolvement and execution of this Promotion (the “Promotion Entities”), are not eligible to participate in this Promotion. Participation in the Promotion constitutes each entrant’s or their parent’s/legal guardian’s, as applicable, full and unconditional agreement to and acceptance of these Official Rules, including, but not limited to, entrant’s consent to receive e-mail messages from Sponsor in connection with the Promotion. Each Promotion entrant is referred to herein as a “Participant.” All Participants under the age of majority in his/her state of residence must have the prior permission from his/her parent/legal guardian to enter.
HOW TO ENTER CONTEST: To enter the Contest portion of the Promotion (the “Contest”), take a photograph depicting you eating Popeyes wings, having fun with Popeyes wings, eating wings in an unusual way or place, or a creative photo featuring Popeyes wings, and then go to http://www.bonafidekrewe.com between 12:01am EST on August 31, 2009, and 11:59 pm EDT on October 12, 2009 (the “Submission Period”), and follow the links and instructions to complete all the required fields provided on the registration form (“Registration Form”), upload your photo (“Submission”), and click “submit” to complete. All Submissions must be received by 11:59 pm EDT on October 12, 2009 (the “Submission Deadline”). Sponsor’s Promotion computer is the official clock for the Promotion. Limit up to three (3) Submissions per person, per e-mail address, per day. All Submissions must meet the standards set out in these Official Rules including, but not limited to, the Submission Requirements (specified below).
PHOTO SUBMISSION REQUIREMENTS:
1. Submissions must be the original creation of the submitting Participant and should depict you eating Popeyes wings, having fun with Popeyes wings, eating wings in an unusual way or place, or a creative photo featuring Popeyes wings. Each Submission must be created and entered on an individual basis only (i.e., no joint or corporate entries or entries on behalf of any Participant).
2. Please do not include any personally identifiable information in your Submission.
3. Submission may be in color or black & white and must be in .jpg, .gif, or .png format only, with a maximum file size of 2MB.
4. All Submissions must be an original unpublished work and cannot contain, incorporate or reference anything that is owned by any third party or entity or would require the consent of any third party or entity in any jurisdiction.
5. The Submission must not have been submitted previously in any contest of any kind or exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends and family) through any means previously.
6. Participants agree to and understand that Submissions will be made available to the public, including but not limited to posting on the Internet. Whether or not Submissions are published on the Internet, Sponsor does not guarantee any confidentiality with respect to any Submission.
7. By uploading the Submission the participant agrees, for zero compensation, to grant to Sponsor all intellectual property rights in the Submission and each of its constituent parts, which rights include, without limitation, the Sponsor’s right to publish, make available to the public and/or reproduce the Submission through any media available for the purpose of administering and conducting the Promotion. In addition, Participant warrants that any so called “moral rights” in the Submission have been waived and Participant acknowledges and agrees that Sponsor may use any ideas from any Submission or other submitted materials, whether or not Participant has been awarded a prize in connection with any such Submission or other materials.
SUBMISSION CONTENT RESTRICTIONS: The Submission must not contain material that:
1. Violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
2. Contains material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
3. Contains any unacceptable clothing or adornments, or displays any commercial/corporate advertising (including but not limited to corporate logos, brand names, trademarks, slogans, political, personal and religious statements);
4. Contains images of individuals smoking or intoxicated or involved in indecent behavior, profanities or obscenities, including but not limited to nudity, or pornography, or is otherwise inappropriate, indecent, profane, obscene, hateful, tortuous, slanderous or libelous;
5. References persons or organizations without their written permission;
6. Disparages persons or organizations associated with SPONSOR;
7. Includes threats to any person, place, business, or group;
8. Is unlawful, in violation of or contrary to all applicable federal, state, or local laws and regulations.
Any Submission that does not comply with the above restrictions or any other requirement herein is subject to disqualification and Sponsor reserves the right at its sole discretion to remove any Submission if Sponsor receives notification about any potential infringements or breaches of law or any other reason set forth herein.
Sponsor is not responsible for lost, late, incomplete, invalid, illegible or misdirected Submissions, which will be disqualified; for technical failures of any kind, including, but not limited to, electronic malfunctioning of any network, hardware or software; any failed, incomplete, garbled or delayed computer transmissions or any combination thereof; or for any error, human, technical or otherwise; or any injury or damage to Participant’s or any other person’s computer related to or resulting from entering, participating in, or accessing or downloading information in connection with, this Promotion. Sponsor reserves the right at its sole discretion to modify, cancel or suspend this Promotion for any reason whatsoever including, but not limited to, a computer virus, bug, or other cause beyond the control of Sponsor. In case of dispute as to the owner of a Submission, the Submission will be deemed to have been submitted by the authorized account holder of the e-mail address from which the entry is made with the only exception being if a minor submits an entry in the name of his/her parent or legal guardian. The "authorized account holder" is the natural person assigned an e-mail address by an Internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address. A selected Participant may be required to provide Sponsor with proof that he/she is the authorized account holder of the e-mail address associated with the selected Submission. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds tampering with the operation or entry process of the Promotion, or acting in violation of these Official Rules or applicable law. Submissions delayed past the Submission Deadline of the Promotion Period will not be accepted and will be destroyed.
HOW TO VOTE: Between August 31, 2009, and October 12, 2009 (“Voting Period”), log onto http://www.bonafidekrewe.com to view all accepted Submissions on the viewing page. Vote for your favorite Submission by registering and selecting a Submission. Only one (1) vote per person and per e-mail address per day will be permitted. No person may vote by proxy for any other person. All voters will be automatically entered into the sweepstakes portion of the Promotion (“Sweepstakes”).
FINALIST SELECTION: All accepted Submissions will be posted on http://www.bonafidekrewe.com and can be voted upon during the Voting Period. The five (5) Submissions receiving the highest number of votes on http://www.bonafidekrewe.com as of 11:59 p.m. EDT on October 12, 2009, (“Voting Deadline”) will be selected as Finalists (“Finalists”).
CONTEST WINNER SELECTION: The Contest Grand Prize Winner, First Place Winner, Second Place Winner, Third Place Winner, and Fourth Place Winner will be selected by a panel of judges (“Judges”) designated by Sponsor based on the judging criteria (“Judging Criteria”) set forth below, from among the five (5) Finalists on October 14, 2009. The Judges, whose decisions will be final, shall judge the Finalist Submissions according to the following Judging Criteria:
The Contest Grand Prize Winner will be announced on the website immediately following confirmation and the execution of required documents and will be awarded a Grand Prize Trip Package (“Grand Prize Trip”) consisting of a trip for the Grand Prize Winner and a companion to Mardi Gras (scheduled for February 16, 2010) in New Orleans, Louisiana, as more fully described below. The ARV of the Grand Prize Trip Package is estimated at $3,000USD.
The Grand Prize Trip includes: Round-trip coach air transportation for two from the major US gateway airport nearest the winner’s residence to the destination, two (2) nights first-class hotel accommodations (double occupancy), and a $350 prepaid American Express branded card to cover expenses such as transportation to and from airport and hotel, and meals. The Grand Prize Trip winner is responsible for transportation to and from the major US gateway airport and his/her residence. All travel arrangements must be made by Sponsor or Sponsor's agent. Winner of the Grand Prize Trip must arrange travel at least 14 days in advance and winner and his/her travel companion must travel together on the same itinerary. Exact travel times are subject to availability. All other expenses not specifically identified in these Official Rules are the sole responsibility of the winner. A Participant eligible to win a Grand Prize Trip will be required to execute an Affidavit of Eligibility, a Liability Release (where legal), and a Publicity Release (“Affidavit/Release”), except where prohibited. If the winner of the Grand Prize Trip is a minor, his/her travel companion must have reached age of majority in his/her state of residence and will be required to execute and return a liability/publicity release (unless prohibited by law) prior to the date of travel. If a potential winner is a minor in his/her jurisdiction of primary residence, potential winner's parent/legal guardian must execute all documents and agree to all obligations and undertakings required of the potential winner in these Official Rules, both on behalf of himself/herself and the potential winning minor. Failure to comply with these requirements may cause the prize to be forfeited and awarded to an alternate winner. Prize may be awarded in the name of, or to, the parent/legal guardian of a minor winner. The Grand Prize Trip will be forfeited if winner is unable to travel by February 15, 2010. If air travel is not needed, in the sole opinion of the Sponsor ground transportation may be substituted for the air travel, and there will be no cash alternative. If the winner of the Grand Prize Trip chooses to not take a travel companion, then the travel companion elements will be forfeited and the remaining elements shall constitute full satisfaction of the Grand Prize Trip. Travel changes will not be accepted after reservations have been booked. Promotion Entities are not responsible if the Grand Prize Trip, or any part thereof, cannot be awarded due to travel cancellations, delays or interruptions due to any acts of God, action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor’s sole control, and shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the air carrier(s), hotel(s), or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. The Promotion Entities will be held harmless for any liability, loss, injury or damage, including, without limitation, personal injury, death or damage to personal or real property, to entrant or any other person or entity due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use or misuse of any prize (including any travel or activity related thereto).
The First Place, Second Place, Third Place, and Fourth Place Winners will also be announced on the website immediately following confirmation and the execution of required documents and will each be awarded a Popeyes Gift Card worth $100USD, redeemable at participating Popeyes locations.
In the event of the disqualification of any Contest Winner, an alternate winner will be selected in his/her place by selecting the Submission with the highest number of valid votes, recorded as of the Voting Deadline, sequentially following such disqualified Participant.
HOW TO ENTER THE SWEEPSTAKES: A photo Submission is not required to enter the Sweepstakes. To enter the Sweepstakes, visitors to http://www.bonafidekrewe.com must (1) complete and submit the online Registration Form prior to the expiration of the Voting Deadline and (2) vote for their favorite photo Submission. Each registered voter will be automatically entered into the Sweepstakes drawing. Limit one (1) entry per person and per e-mail address, per day. Sponsor will not verify receipt of entries. A random drawing from amongst all eligible Sweepstakes entries received will be held on October 14, 2009, to determine the winner of the Sweepstakes Prize (“Sweepstakes Prize”) consisting of a Popeyes Gift Card worth $100USD redeemable at participating Popeyes locations. Odds of winning depend on the number of eligible entries received. Any applicable taxes on any prize are solely the responsibility of the winner.
The combined total value of all prizes available to be won in the Promotion is estimated at $3,500 USD. There are no cash alternatives to any prize. Please allow two (2) to three (3) weeks delivery of any prizes.
All winners will be notified within three (3) days after the selection of such winner by telephone, e-mail or other traceable means. In order to receive any prize, the winning Participant or his/her parent/legal guardian, as applicable, may be required to complete and return to us an Affidavit of Eligibility and a Liabilities/Publicity Release Form, except where prohibited by law, within seven (7) days of receipt of notification as a potential winner. Failure to return the signed Affidavit and Release within seven (7) days may result in forfeiture of the prize, except where prohibited by law. All prize awards are subject to verification, eligibility and compliance with these Official Rules. If a potential winner cannot be contacted within seven (7) days of the first attempt to contact him/her, or if he/she fails to return the signed Affidavit and Release within seven (7) days, where legal, or if the potential winner is deemed ineligible for any other reason in Sponsor’s sole discretion, the potential winner will be disqualified. In the event of the disqualification of any Promotion winner, an alternate winner, as applicable, will be selected in his/her place by random drawing amongst all remaining eligible entries received, as applicable.
GENERAL: The Promotion Entities reserve the right to terminate, cancel, suspend and/or modify the Promotion without liability and without prior notice if any factor interferes with its operation as contemplated by these Official Rules, including but not limited to any fraud, virus or other technical problem which corrupts the administration, security, or proper operation of the Promotion. Only one prize may be collected per household (same family name, same address). CAUTION; ANY ATTEMPT BY PARTICIPANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. The use of automated or third party software or another web site not approved by Sponsor in order to register or enter this Promotion is prohibited. Any questionable activity that increases votes for a Submission will result in disqualification or similar action. Sponsor reserves the right, in its sole discretion, to disqualify any Participant who is suspected of tampering with the Submission, voting or selection process.
Except in the cases of death or personal injury caused directly by the intentional misconduct or gross negligence of the Promotion Entities, the Promotion Entities shall have no liability and shall be released and held harmless by Participant(s) or his/her parent/legal guardian, as applicable, for any damage, loss or liability to person or property, including without limitation any claim for infringement of intellectual property rights, due in whole or part, directly or indirectly, by reason of the acceptance, possession, use or misuse of any prize or participation in this Promotion. Participants assume all risk of loss, damage, destruction, delay or misdirection of mail or e-mail or any Submission submitted to Sponsor. All prizes are awarded upon the condition that the Promotion Entities shall have no liability whatsoever, subject to the limitations set forth herein, and shall be held harmless for any injuries, losses, or damages of any kind to persons or property, including death, sustained, in whole or in part, directly or indirectly, in connection with or resulting from acceptance, possession or use/misuse of any prize, or participation in the Promotion and any Promotion related activities and further acknowledge that said parties have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose.
All personal information that Participants submit will be subject to Sponsor’s privacy policy. In the event of any discrepancy between Sponsor’s privacy policy and these Official Rules, the privacy policy will govern and control. For a copy of Sponsor’s full on-line privacy policy please visit www.popeyes.com.
No cash or other substitution may be made, except by Sponsor, who reserves the right, in its sole discretion, to substitute a prize with another prize of greater or equal value in the event that any particular prize is unavailable or cannot otherwise be awarded as described.
Any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration (where legal). Claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorney’s fees.
Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Georgia without giving effect to any choice of law or conflict of law rules (whether of the State of GA or any other jurisdiction). Should any provision of these Official Rules be deemed unenforceable or invalid, the other provisions of these Official Rules shall remain in full force and effect.
Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
DMCA: Sponsor complies with the provisions of the Digital Millennium Copyright Act (DMCA). In compliance with the DMCA, a Designated Agent has been established with proper documentation sent to the US Copyright Office.
If you have a concern regarding the use of copyrighted material on any web site, please contact the agent designated to respond to reports alleging copyright infringement.
The designated agent for Sponsor to receive notification of claimed infringement under Title II of the DMCA is: A. Mitchell, Brandmovers, Inc., 2120 Powers Ferry Road, Suite 300, Atlanta, GA 30339.
DMCA Claims
The DMCA specifies that all infringement claims must be in writing (either electronic mail or paper letter) and must include the following:
Official Rules and Winners List: For a copy of the Official Rules (which shall be available after August 30, 2009) or list of prize-winners, which shall be available after November 1, 2009, please send a separate, self-addressed stamped envelope (residents of VT need not include return postage) to: Popeyes Get Your Wings and Get Away Contest and Sweepstakes, c/o Brandmovers, PO Box 723188, Atlanta, GA 31139.
Sponsor: AFC Enterprises, Inc. 5555 Glenridge Connector, NE, Suite 300 Atlanta, GA 30342
Rev 1 [7-30-09]