Field Improvement Contest
$1,000 Field Improvement Contest
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCE OF WINNING. ODDS OF WINNING DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED. The Smoothie King $1,000 Field Improvement Contest (the “Contest”) is intended for participants who are legal residents of the United States only and who are at least 18 years of age or the legal age of majority in their jurisdiction of residence, whichever is older, at the time of entry. Do not enter if you are not located in the United States at the time of entry. Subject to all applicable federal, state, and local laws and regulations and ordinances. Void where prohibited by law and outside the United States.
1. Eligibility. The Contest is open only to legal U.S. residents: (i) currently residing in the 50 United States and the District of Columbia; (ii) who are at least eighteen (18) years old or the age of majority in their jurisdiction of residence, whichever is older, at the time of entry; and (iii) who are presidents and/or coaches for any baseball or softball youth league participating in any Miami Marlins (the “Marlins”) Youth Baseball & Softball Day Parade at Marlins Park (Miami, Florida, U.S.A.) during the Marlins’ 2016 regular season (scheduled to occur on April 15, April 17, May 6, May 22, June 5, July 31, and September 25, 2016). Employees, directors, and officers of Smoothie King Franchises, Inc. and Smoothie King Co., Inc. (collectively, “Sponsor”), and any of their respective parents, affiliates, subsidiaries, representatives, consultants, contractors, and legal counsel, and the advertising, fulfillment, and judging/Contest agencies involved in the administration, development, fulfillment and execution of the Contest (collectively, the “Contest Parties”), as well as the immediate family (spouse, parents, siblings, and children, regardless of where they live) and household members of the Contest Parties, are not eligible to enter or win.
2. Entry Period. The Contest begins at 12:00 p.m. Eastern Time on Friday, May 6, 2016 and ends at 11:59 p.m. Eastern Time on Friday, September 30, 2016 (“Entry Period”). Sponsor’s computer is the official time-keeping device for the Contest.
3. Agreement to Official Rules. By submitting an entry, you indicate your full and unconditional agreement to, and acceptance of, these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth in these Official Rules. Sponsor reserves the right to verify the eligibility of winners.
4. How to Enter. During the Entry Period, the entrant must submit via e-mail to firstname.lastname@example.org his/her full name, phone number, e-mail address, and the name of the league on behalf of which the entrant is submitting an entry to the Contest, along with an attached essay detailing either “Why Baseball Is My Purpose” or “Why Softball Is My Purpose” (the “Essay”), which Essay must contain no more than 500 words. The name of the league on behalf of which the entrant is submitting an entry to the Contest must be clearly stated in the Essay. If any Essay submitted contains more than 500 words, only the first 500 words of such Essay will be considered. Only one (1) entry per league is permitted. If additional entries per league beyond the maximum set forth in this section are submitted, only the first such entry to be submitted for the league specified will be considered. Sponsor reserves the right to disqualify any entry that fails to comply with these Official Rules. You must provide all required information to be eligible to enter and win. All potential winners are subject to verification before any prize will be awarded.
Bulk, automated, and/or third party entries are prohibited and will be disqualified. Normal internet access, phone, usage, and data charges imposed by your online or phone service may apply. Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive, or otherwise not in compliance with the Official Rules may be disqualified from the Contest at Sponsor’s sole and absolute discretion.
5. Entry Content Guidelines. If you submit an entry, any title, caption and/or photo included in the entry that is submitted in connection with this Contest (collectively “Content Submissions”) may not contain, depict, or show any content that: (i) is obscene or indecent; (ii) is sexually explicit or suggestive, offensive, profane or pornographic, contains nudity, or is violent or derogatory of any ethnic, racial, gender, religious, professional, or age group; (iii) promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; (iv) endorses any form of hate or hate group; (v) defames, misrepresents or contains disparaging remarks about Sponsor or its products or services, or other people, products, or companies; (vi) communicates messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; (vii) invades privacy or other rights of any person, firm, or entity; (viii) in any other way violates any applicable federal, state, or local laws or regulations; (ix) contains any reference to any third party trademarks, names, or third party logos or any copyrighted components; and/or (x) contains any personal identification, such as license plate numbers, last names (first names are permitted), e-mail addresses, or street addresses for any person other than the entrant, or otherwise infringes on the privacy of any person other than the entrant. Any Content Submissions that contain, depict, or show such content and/or violate these Content Submission requirements and/or the terms of these Official Rules will be disqualified. Sponsor reserves the right in its sole and unfettered discretion to disqualify any Content Submission that does not comply with these Official Rules or that is not consistent with the spirit or theme of the Contest.
If the Content Submission contains an identifiable person other than the entrant who submitted the Content Submission, by submitting the Content Submission, the entrant represents and warrants that he/she has obtained the consent of such person to the use of the Content Submission as outlined herein and entrant may be required to produce such person’s written consent to Sponsor’s use of the Content Submission.
6. Selection of Winning Entries. On or about October 31, 2016, Sponsor will select one (1) potential Winner based on the Essay that best exemplifies why baseball or softball is the purpose of the writer and the league. The winner for the prize will be selected by a team of judges selected by Sponsor. The decision made by the Sponsor is solely ours and final. The chances of winning depend on the total number of entries received by Sponsor and on the quality of each Content Submission in the judges’ sole discretion.
7. Notification and Requirements of Potential Winners. To notify a potential winner, Sponsor will respond to the entrant’s e-mail. The potential winner will be instructed to contact a representative of Sponsor to obtain instructions on how to claim the prize (described below).
Except where legally prohibited, each potential winner may be required to sign and return, within seven (7) days of being notified, an Affidavit/Declaration of Eligibility, Liability & Publicity Release in order to claim the prize on behalf of his/her league. If a potential winner does not respond to Sponsor within five (5) days of Sponsor’s first attempt to first notify him/her, or if he/she fails to sign and return the Affidavit/Declaration of Eligibility, Liability & Publicity Release within the required time period (if applicable), or in the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner selected in the same manner as set forth in Section 6. Only two (2) alternate winners will be selected, after which any remaining prize will remain un-awarded.
The potential winners will be informed prior to any posting or use of their names by Sponsor on social media sites. The potential winner will be required to provide his/her mailing address for receipt of the prize. Sponsor shall not be held responsible for any delays in awarding any prizes for any reason.
Verification of Potential Winners: ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
One (1) Winner will receive the sum of $1,000, which must be used toward improvement costs for field(s) of play used by such winner’s youth league. Upon winning this prize, Sponsor may require the winner to certify in writing that such $1,000 prize will, in fact, be used toward improvements of field(s) of play used by such winner’s youth league. The total approximate retail value (“ARV”) of the prize is $1,000.00 USD.
Total ARV of all prizes to be awarded: $1,000.00 USD.
Winners are responsible for paying any all applicable federal, state, and local taxes and any and all other fees, costs, and expenses not listed above related to acceptance and use of prizes. In the event the ARV is deemed to exceed the Internal Revenue Service requirement ($600), winners who are residents of the United States of America must complete and submit a W-9 form to receive any prize. The recipient is responsible for any income tax liability and should consult his/her tax advisor for the proper tax treatment of this income on his/her tax return. Any prize details not specified above will be determined by Sponsor, in its sole discretion. The prize may not be substituted, transferred, or assigned and must be accepted as awarded; however, Sponsor reserves the right to substitute the prize with another prize of equal or greater value if the prize is not available for any reason, as determined by Sponsor, in its sole discretion. Sponsor will not replace any lost or stolen prizes.
Only the number of prizes stated in these Official Rules is available to be won in the Contest. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, an alternate winner will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of prizes available.
SPONSOR SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY ASPECT OF PRIZE WINNER’S ACCEPTANCE OR USE OF THE PRIZE.
10. Release and Limitations of Liability.By submitting an entry, you agree to release and hold harmless the Contest Parties, Miami Marlins, L.P., Marlins Stadium Operator, LLC, Marlins Stadium Developer, LLC, and each of their respective parents, affiliates, subsidiaries, owners, directors, employees, representatives, agents, consultants, and contractors, as well as the City of Miami and the Miami-Dade County (collectively, “Released Parties”), from and against any claim or cause of action arising out of participating in, or attempting to participate in, the Contest or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Contest or any part of the entry process; (b) technical or human errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) technical or human errors in the administration of the Contest or the processing of entries; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use of any prize. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
BY PARTICIPATING IN THIS CONTEST, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS CONTEST OR IN ANY CONTEST-RELATED ACTIVITY, INCLUDING ACCESS TO AND USE OF THE INTERNET SITE ASSOCIATED WITH THE, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM.
11. Publicity Release.EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE CONTEST CONSTITUTES WINNER’S GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), AND ITS DESIGNEES, SUBSIDIARIES, AFFILIATES, RETAILERS, DISTRIBUTORS, ADVERTISING AND CONTEST AGENCIES, SUPPLIERS, AND THOSE ACTING PURSUANT TO THEIR AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLD WIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THE WINNER’S ENTRY, NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING BUT NOT LIMITED TO HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS CONTEST, INCLUDING ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
13. Disputes. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. 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 PUTATIVE CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN A SMOOTHIE KING FRANCHISES, INC., PROMOTION, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, CLASS ARBITRATION OR CONSOLIDATED ACTION OR ARBITRATION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) WITH ENTERING THIS CONTEST, BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST SPONSOR AND THE RELEASED PARTIES IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
14. Nature of Relationship/Waiver of Equitable Relief. Each entrant understands and acknowledges that the Sponsor has wide access to ideas, designs, and other materials, and that new ideas are constantly be submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas may be competitive with, similar or identical to the Content Submission and/or each other in theme, idea, format, or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of Sponsor’s use of such similar or identical material. Each entrant acknowledges and agrees that the Sponsor does 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 the copyright in and to the Content Submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Content Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle the entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Content Submission or any material based on or allegedly based on the Content Submission, and the entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
15. Name of Winner.To obtain the winner’s name, send an e-mail after November 15, 2016 to email@example.com with the following subject line: $1,000 Field Improvement Contest.
16. Sponsor.The Contest is sponsored by Smoothie King Franchises, Inc., 3900 North Causeway Blvd., Ste. 1300, Metairie, LA 70002. The Contest is not sponsored by, endorsed by, administered by, or associated with Woobox, Apple, Inc., Facebook, the Miami Marlins, L.P., Major League Baseball, or any other brands used in prizing.
Copyright ©2016 Smoothie King.
Smoothie King® is a registered trademark of Sponsor’s name. All rights reserved.