CULVER’S® PORTRAIT OF A HERO CONTEST (“CONTEST”)
THIS CONTEST IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER UNLESS YOU ARE ELIGIBLE AND LOCATED IN AN ELIGIBLE STATE (DEFINED BELOW) AT THE TIME OF PARTICIPATION.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. INTERNET ACCESS REQUIRED. CONTEST SUBJECT TO OFFICIAL RULES.
ELIGIBILITY: The Contest is open only to legal U.S. residents residing in Arizona, Colorado, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Missouri, Nebraska, North Carolina, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, Texas, Utah, Wisconsin or Wyoming (each an “Eligible State”) who are 18 years of age (19 in Nebraska) or older at the time of entry and have permission to nominate a Nominee (defined below) (each a “Nominator”). Nominees: To be eligible, a nominee must be a resident of an Eligible State who is 18 years of age (19 in Nebraska) or older at time of entry (each a “Nominee”). Void where prohibited. Potential winning Nominators and Nominees may be required to provide proof of legal U.S. residency if requested by Sponsor to determine eligibility and as a condition of prize award. Employees of Culver Franchising System, Inc., its parent, subsidiaries, divisions, affiliates, distributors, suppliers, participating locations, dealers and advertising, promotional or judging agencies, officers, directors, employees, agents, licensors, and assigns (collectively, “Sponsor and Promotion Parties”) and the immediate family members (parent, child, sibling or spouse of any of the foregoing, including step-parent, step-child or step-sibling) and household members of such individuals (whether related or not) of each, are not eligible to participate or win.
One (1) Grand Prize will be awarded to the Nominee named in the winning Entry. The Nominator associated with the winning Entry will not receive a Grand Prize. Finalist Prizes will be awarded to both the Nominator and Nominee named in each Finalist Entry. Entrant is providing an entry on behalf of him/herself AND the Nominee.
CONTEST TIMING: Contest begins on April 17, 2017 at 9:00:00 a.m. Central Time (“CT”) and ends on May 12, 2017 at 11:59:59 p.m. CT (the "Contest Entry Period"). The period in which the public may vote for their favorite Finalist (defined in Section 5) begins at 9:00:00 a.m. CT on May 22, 2017 and ends at 11:59:59 p.m. CT on May 26, 2017 (“Contest Voting Period”).
HOW TO PARTICIPATE: Log on to www.culvershero.com (the "Web Site") and follow the online instructions to complete the registration form and submit your nomination (the “Entry”). You will be required to provide your first and last name, state of residency, email address, date of birth (month/year) and daytime phone number; and the first and last name and state of residency of the Nominee. Next, describe why your Nominee is a “Hero”. Descriptions must be in English and cannot exceed 3,000 characters (total - including spaces). You may also include a photo of the Nominee (optional) and name their local Culver’s (optional) (altogether, the “Entry”). Read these Official Rules and place a checkmark in the box stating that you accept these Official Rules. Submit your Entry as indicated. Entries will be judged. See Section 5 for Judging Criteria.
All Entries must be received during the Contest Entry Period. Limit one (1) Entry per person/email address. For clarity: You may only submit one (1) Entry for the Contest; one (1) nomination per Nominator. A “day” is defined as the twenty-four (24) hours between 12:00:00 a.m. CT and 11:59:59 p.m. CT of the same day with the exception of the first day of the Contest Entry Period and Voting Period which shall begin at 9:00:00 a.m. CT and end at 11:59:59 p.m. CT of the same day. The computer of the Web Site is the official time-keeping device of the Contest.
The name of the person submitting an Entry into the Contest must be the name of the authorized account holder of the email address used to enter, otherwise, Entry may be deemed void. In the event of a dispute over the identity of an entrant, Entry will be declared made by the authorized account holder of the email address used during the entry process. A potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder of such account.
Proof of delivery or receipt of Entry will not be deemed by the Sponsor as proof of Entry into this Contest.
Each Entry submission must be manually key stroked and/or manually entered by the individual entrant; automated and/or repetitive electronic submission of Entries (including but not limited to entries made using any script, macro, bot or Contest service) will be disqualified and transmissions from these or related email addresses or IP addresses may be blocked. Additionally, use of multiple email addresses or the manipulation of an entrant’s contact information for the purpose of obtaining more than one (1) Entry, is prohibited and such persons will be disqualified and all Entries shall be deemed invalid and any prize awarded shall be forfeited.
By submitting an Entry, entrant agrees that it conforms to the “Entry Guidelines” specified in Section 4 and that Sponsor may disqualify him/her from the Contest if it believes, in its sole discretion, that the Contest Entry fails to conform to such guidelines. Entries that are not in accordance with the Entry Guidelines and the Official Rules will be ineligible.
BY SUBMITTING AN ENTRY, THE ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ACROSS ANY OR ALL OF THE SPONSOR’S AND PROMOTION PARTIES’ DIGITAL AND SOCIAL ASSETS, AT THE SPONSOR’S DISCRETION. Submission of an Entry grants the Sponsor and its agents the right to publish, use, adapt, edit, publicly perform and/or modify such Entry in any way, in any and all media, including for use in advertising and marketing, without limitation, and without consideration to the entrant.
ENTRY GUIDELINES: By submitting an Entry, you agree that your submission is gratuitous and made without restriction, and will not place the Sponsor under any obligation. The Sponsor is free to disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. By acceptance of your submission, you acknowledge that the Sponsor does not waive any rights to use similar or related ideas previously known to the Sponsor, or developed by its employees, or obtained from sources other than you. By entering, you acknowledge that the Sponsor has no obligation to use or post any Entry you submit.
By submitting an Entry, you warrant and represent that it: (a) is your original work, (b) has not been previously published, (c) has not won previous awards, (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; and (e) that publication of the Entry via various media including Web posting, will not infringe on the rights of any third-party rights. Each entrant will indemnify and hold harmless, the Sponsor and Promotion Parties (defined below) from any claims to the contrary. Any entrant whose work includes likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including the Sponsor’s use of such Entry, in a form satisfactory to administrator, upon request, prior to awarding of prize.
As determined by the Sponsor, in its sole discretion, Entries must meet the following guidelines: (a) Must comply with these Official Rules; (b) Cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, political, professional or age group, profane or pornographic, or contain nudity; (c) Cannot promote 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; (d) Cannot be obscene or offensive, endorse any form of hate or hate group; (e) Cannot promote terrorist acts such as providing instructions on how to assemble bombs, grenades and other such weapons or provide instructional information about illegal activities; (f) Cannot defame, misrepresent or contain disparaging or slanderous remarks about the Sponsor, its customers or its products, or other people, products or companies; (g) Cannot contain trademarks, logos or trade dress owned by others (except the Sponsor’s), or advertise or promote any brand or product of any kind (except the Sponsor’s), without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses; (h) Cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art, stills, or images published on or in television, movies, the Internet or other media, except such materials owned by the Sponsor) without permission; (i) Cannot contain background artwork, unless it is an original work of the entrant; (j) Cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, other than the entrant, without permission; (k) Cannot communicate messages or images inconsistent with the positive images and/or goodwill to which the Sponsor wishes to associate; (l) Cannot depict, and cannot itself, be in violation of any law.
ENTRIES POSTED TO THE WEB SITE WERE NOT EDITED BY THE SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF THE SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by the Sponsor does not constitute a general waiver of any obligation to entrants. The Sponsor reserves the right to waive the submission requirements set forth herein in its reasonable discretion.
CONTEST JUDGING (to determine Finalists): Entries will be judged by Sponsor and/or Sponsor’s marketing agency(ies) based on the following criteria (the “Judging Criteria”): (a) Overall Impact of service or act (34%); (b) Most Deserving (33%); and (c) Heartfelt (33%). The top twenty-five (25) Entries receiving the highest cumulative score for all criteria awarded by the Panel will be deemed Finalists and will advance to the Contest Voting round. In the event that there are fewer than twenty-five (25) eligible Entries, Sponsor reserves the right to proceed with the Contest with less than twenty-five (25) Entries. In case of a tie, tied Entries will be broken by cumulative points awarded for “Overall Impact of service or act”. If tie continues, then tie(s) will be broken by the Contest Entry with highest cumulative point score in the second criteria, continuing thereafter to the next criteria until the tie is broken.
CONTEST VOTING (to determine Grand Prize Winner): During the Voting Period, the top twenty-five (25) Finalists’ Entries will be posted on the Website for public voting. Visitors to the Website will be able to vote for one (1) of the twenty-five (25) Finalists’ Entries they like best based on the Judging Criteria as stated in Section 5. To vote for a Finalist’s Entry, click on the “Vote” button corresponding to that Finalist’s Entry. Limit one (1) vote per person per day. The Finalist’s Entry receiving the most votes at the conclusion of the Voting Period will be deemed the Grand Prize winner. In the case of a tie, the Finalist whose Contest Entry received the higher cumulative score in the Contest Judging round will be deemed the Grand Prize winner. Any use of robotic, macro, automatic, programmed or like voting methods will void all such votes. Any attempt by a participant to vote more than the number of times authorized herein using multiple names or email addresses, paying or retaining third parties to create email accounts for the purposes of voting and/or any other fraudulent mechanism, as determined by Sponsor, in its sole discretion, shall give Sponsor the right to disqualify such participant in its reasonable discretion. Any attempt by any person to fraudulently circumvent the voting restrictions in order to cast multiple votes will result in disqualification of all such votes received and may result in disqualification of the participant for whom the improper votes were received if the Sponsor determines that that participant was involved in any way in the perpetration of such fraud.
PRIZES: One (1) Grand Prize, awarded only to the Nominee named on the Grand Prize Winning Entry: $500 in Culver’s Gift Cards and $500 donated to winner’s choice of a charitable organization (as approved by Sponsor, in Sponsor’s sole discretion). Approximate Retail Value (“ARV”) of Grand Prize awarded to winner: $500.
Fifty (50) Finalist Prizes will be awarded, one (1) for the Nominator corresponding to the Finalist Entry and one (1) for the Nominee named on the Finalist Entry (for each of the twenty-five  Finalists’ Entries): $50 in Culver’s Gift Cards. ARV: $50 each.
The Nominees named in Finalists’ Entries, the Nominators corresponding to each Finalist Entry and the Nominee associated with the Winning Entry may hereinafter also be referred to as a “Winner”.
Total ARV of all prizes is $3,000.
CONDUCT: By participating in this Contest, entrants agree to be bound by these Official Rules and the decisions of the Sponsor that shall be final and binding in all respects. Failure to comply with these Official Rules may result in disqualification. The Sponsor reserves the right, at its sole discretion, to disqualify any individual found to be tampering with the entry process or the operation of the Contest; or to be acting in any manner deemed by the Sponsor to be in violation of the Official Rules; or to be acting in any manner deemed by the Sponsor to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR AND ITS AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH PERSON OR PERSONS RESPONSBILE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
LIMITATIONS OF LIABILITY: The Sponsor and Promotion Parties assume no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of Entries at any point in the operation of this Contest; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, camera, computers or providers utilized in any aspect of the operation of the Contest; (d) inaccessibility or unavailability of any network or wireless service, the Internet or Web Site or any combination thereof; (e) suspended or discontinued Internet or wireless service; or (f) any injury or damage to entrants or to any other person's computer or property which may be related to or resulting from any attempt to participate in the Contest or download of any materials in the Contest. If, for any reason, the Contest is not capable of running as planned for reasons which may include without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, then the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest in whole or in part. In such event, the Sponsor shall immediately suspend the Contest, and the Sponsor reserves the right to award prize(s) in a manner deemed fair and equitable by the Sponsor. The Sponsor may modify and amend these Official Rules as they may appear online from time to time during the Contest for clarification purposes without materially affecting the terms and conditions of the Contest.
WINNER NOTIFICATION: Potential Winners will be notified via email and/or phone. Winners may be required to sign and return an Affidavit of Eligibility/Liability Release with (where lawful) a Publicity Release (altogether, “Affidavit”) within three (3) days via email and/or overnight mail of attempted Winner notification as indicated by the date on the Affidavit. Sponsor is not responsible for any change in Winner's email address and/or telephone number. Failure to return any required documents within three (3) days may result in prize forfeiture (including Finalist status). In the event that there are fewer than twenty-five (25) verified and confirmed Finalists, Sponsor reserves the right to proceed with the Contest with less than twenty-five (25) Finalists. Prize may also be forfeited in the event that Winner notification is returned as undeliverable. Upon forfeiture for any reason as stated within these Official Rules, no compensation will be given except in the Sponsor’s sole discretion. If a prize is returned as undeliverable, prize will be forfeited and Sponsor shall have no further liability to award that prize. Prizes will be awarded within 4-6 weeks of the conclusion of the Voting Period.
By accepting a prize, each Winner agrees that his/her Entry will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the Winner irrevocably assigns and transfers to the Sponsor all of his/her right, title and interest in and to his/her Entry, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Each Winner hereby waives in favor of the Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that Winner may now or later have to his/her Entry. The Sponsor reserves the right to alter, change or modify a Finalist Entry, in its sole discretion. Upon request of the Sponsor, Winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by the Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Entry and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should the Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of the Sponsor’s rights and the Sponsor may at a later time request the assignment.
WINNER RELEASES: All entrants, as a condition of participating in the Contest, agree to release the Sponsor and Promotion Parties (and each of their respective officers, directors, employees, agents, licensors, affiliates and assigns) from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with accessing the Web Site, submitting an Entry or otherwise participating in any aspect of the Contest, the receipt, ownership or use of any prize awarded, or while preparing for or participating in any prize-related activity, or any typographical or other error in these Official Rules or the announcement or offering of any prize. The Winner shall bear all risk of loss or damage to their prize after it has been delivered. Except where prohibited by law, Winner grants to the Sponsor and Promotion Parties the right to print, publish, broadcast and use worldwide in any media now known or hereinafter known, the Winner’s name, address, voice, statement, picture or other likeness, without additional compensation, for public relations, advertising and promotional purposes as may be determined by the Sponsor.
WINNER’S LIST: For the names of the Winners, send a self-addressed stamped envelope by June 30, 2017 to: Culver’s Portrait of a Hero Contest Winner’s List, 10 South 5th Street-7th Floor, Dept. 1134-707, Minneapolis, MN 55402.
SPONSOR: Culver Franchising System, Inc., 1240 Water Street, Prairie du Sac, WI 53578.
©2017 Culver Franchising System, Inc.