Kimes Ranch Jeans’ CAPtivate Your Talent Contest - Official Rules
1. DESCRIPTION: NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. “Kimes Ranch Jeans’ CAPtivate Your Talent” (the “Contest") is a talent competition in which eligible person (each an “Entrant”) will compete for 31 hats from Kimes Ranch. In order to compete an Entrant must submit a ten (10) second video performance of their unique talent (the “Submission”), as further described below and in accordance with these Official Rules. The sponsor of this Contest is Kimes Ranch Jeans ("Sponsor"), 27817 N 160th Street Scottsdale, AZ 85262. The judges of this Contest will be the staff at Kimes Ranch Jeans. The Contest may be presented by one or more select advertiser(s), as determined at the sole discretion of the Sponsor. If applicable, such advertiser(s) shall each be defined as a “Presenter”. The Sponsor, Judges, LJC Apparel (“Producer”) and each Presenter shall collectively be referred to as the “Contest Entities” for purpose of these Official Rules.
The Contest will operate as follows:
• Submission Period: The Submission Period begins on or about Monday, May 1, 2017 and ends on Wednesday, May 31st, 2017 at 11:59:59 p.m. Eastern Daylight Time (“EDT”) (the “Submission Period”).
• Contest Judging: Concurrent with the Submission Period through May 31st , 2017, eligible Submissions will be judged in accordance with the Judging Criteria as described in Section 7 of these Official Rules.
• Winner Notification & Announcement: The Grand Prize winner (the “Winner”) will be chosen by the Judges from the Entries (#CAPtivateKRJ) and notified on or about Thursday June 1st, 2017 according to Section 10 of these Official Rules. The Winner will receive thirty-one (31) unique Kimes Ranch Hats.
2. ELIGIBILITY: To participate, Entrants must meet the following eligibility criteria and affirmatively accept these Official Rules:.
• Entrant must be a legal United States resident physically residing within the fifty (50) United States or the District of Columbia. Void in Guam, Puerto Rico and all other U.S. territories and possessions and where restricted or prohibited by law;
• Entrant must NOT be an employee, shareholder, officer, director, agent or representative of Contest Entities or each of their respective parent companies, affiliates, divisions, subsidiaries, agents, representatives or promotion, tour and advertising agencies nor can Entrant be an Immediate Family Member and/or Household Member of such persons. For purposes of the Contest, "Household Members" shall mean those people who share the same residence at least three months a year; "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses.
3. HOW TO ENTER & CONTENT GUIDELINES: Social Media Entry: During the Submission Period, Entrants must submit a ten second video showcasing their talent on social media, via Facebook, Instagram, or Twitter and use the hashtag #CAPtivateKRJ. For the duration of the contest, entrant must make the privacy settings on their post public view, or in the case of Instagram, make their account publicly viewed, in order for their submission to be visible to be judged. The Submission must comply with these Official Rules, including, the “Content Guidelines” below. LIMIT ONE (1) ENTRY PER PERSON REGARDLESS.
The Submission MUST:
• Must be original content showcasing the unique talent of the entrant
• Must show the talent in ten (10) seconds or less;
• Be submitted as a video on Facebook, Instagram, and/or Twitter
• Use the hashtag #CAPtivateKRJ in the video description line
• Comply with the content restrictions, as detailed below; and
Submission/Performance must NOT:
• Be inappropriate, offensive, libelous or defamatory, pornographic, sexually explicit, contain nudity, or be otherwise unlawful;
• Be defamatory to the other Contest Entities and/or talent;
• Violate or encourage others to violate any law, statute, ordinance or regulation; or
• Defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or property right or any other third party right.
By entering the Contest, each Entrant acknowledges and agrees that: (a) Contest Entities are granting Entrants a limited, non-exclusive license to use the creative assets included therein in connection with, and solely as a part of, the Contest, (b) Entrants shall have no right, title or interest in the Submission, and (c) any use of the Submission other than as permitted by these Official Rules may constitute copyright infringement. Entrant may not use the Submissions for any purpose outside of this Contest, including without limitation, any commercial purpose.
4. DATES & DEADLINES/ANTICIPATED NUMBER OF ENTRANTS: Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Sponsor cannot accurately predict the number of Entrants who will participate in the Contest.
5. REPRESENTATIONS AND WARRANTIES: Each Entrant represents and warrants as follows: (i) the Submission is the Entrant’s own original work; (ii) the Submission does not contain any computer virus, is otherwise uncorrupted, is wholly original with Entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; and (iv) Each of Entrant and the Submission does not and will not violate these Official Rules or any applicable laws, and is not and will not be defamatory or libelous.
6. MATERIALS/RIGHTS IN SUBMISSIONS: In consideration of the Submission being reviewed and evaluated for this Contest, each Entrant into the Contest irrevocably grants, transfers, sells, assigns and conveys to Sponsor, Producer, and their successors and assigns, all present and future full and free right, title and interest of every kind and nature whatsoever, including, without limitation, all copyrights, and all rights incidental, subsidiary, ancillary or allied thereto (including, without limitation, all derivative rights) in and to the Submission and or any portion thereof for use and exploitation in any form, format or order alone or in conjunction with any other material including but not limited for broadcast, duplication, and advertising, by means of any and all media and devices whether now known or hereafter developed or devised worldwide and in perpetuity, including to the extent applicable (a) any information, biographical data, and material (e.g., the “creative” file or Submission) submitted by Entrant in connection with the Contest; and (b) all graphics, statements, and quotations of or by Entrant and furnished by Entrant as part of this Contest (the “Material”). Each Entrant understands that his or her name and Material may be posted on the Contest Website or elsewhere in connection with Contest. Entrant agrees that the Contest Entities have no obligation to use a Submission or any Material. The Contest Entities shall have the right, in their sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission for any purpose which the Contest Entities deem necessary or desirable, and each Entrant irrevocably waives any and all so-called moral rights they may have therein. Each Entrant hereby acknowledges that such Entrant does not reserve any rights in or to the Submission. Each Entrant agrees and acknowledges that participation in the Contest, including, without limitation, the Entrant’s decision to provide the Submission to Contest Entities for purposes of the Contest, shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between the Contest Entities and Entrant, does not place the Contest Entities in a position that is any different from the position held by members of the general public with regard to elements of the Entrant’s Submission, and that the only contracts, express or implied, between the Contest Entities and Entrant is as set forth in these Official Rules and the release forms. In addition, by participating in the Contest and providing a Submission, each Entrant hereby grants permission (except where prohibited by law) for the Contest Entities to use Entrant’s Submission, name, likeness, voice, quotes, comments, biographical information, photograph and/or image for the purpose of advertising, trade, or promotion without further compensation or consideration in any and all media now known or hereafter developed throughout the universe, including, without limitation, for commercial purposes.
You hereby agree and acknowledge that by entering your Submission, and by Sponsor considering, reviewing, or evaluating your Submission: (i) you and Sponsor have NOT reached an agreement, understanding, or promise (written, oral or implied) that Sponsor will pay you or provide you credit for the use of your Submission or any portion thereof; (ii) you waive any and all rights and claims to compensation and/or credit for any and all uses of the Submission by Sponsor; (iii) you are agreeing to the foregoing in exchange for the opportunity to have your Submission considered, reviewed, or evaluated for the Contest, and that the only consideration you will receive in the event that any Contest Entity elects to, and does in fact, use your Submission is that you may be considered for the Contest prize; (iv) you have no expectation of on-going employment by Sponsor or Producer, or of being hired by Sponsor or Producer in any capacity at Kimes Ranch, or otherwise; and (v) you acknowledge that your Submission may be highlighted or otherwise used by Sponsor and its Presenter for promotional and advertising purposes outside of the Contest platform. Any such use by Sponsor or its partners will not be indicative of your standing in the Contest.
7. CONTEST JUDGING: Submissions will be moderated and evaluated by a panel of judges consisting of representatives of Contest Entities and/or Kimes Ranch executives (“Judges”). Submissions will be evaluated based on the criteria below (“Judging Criteria”). Finalists will be judged on the criteria set forth below by Kimes Ranch to determine the Winner. All decisions of the Judges are final on all aspects of the Contest. Submissions will be scored based on the following criteria (the “Criteria”):
• Captivating= 75%
• Quality/ Comedic Level= 12.5%
• Overall Appeal = 12.5%
Contest Entities reserve the right to extend the Submission Period and all other dates associated with the Contest in the event an insufficient number of eligible Submissions meeting the Judging Criteria are received, as determined by Sponsor and Judges in their sole discretion.
8. WINNER NOTIFICATION: The potential Winner will be notified by email on or about Thursday June 1st, 2017. The potential Winner (or designated group representative) will be required to respond (as directed) to the notification attempt within two (2) days of notification. The failure to respond in accordance with the stated deadlines may result in forfeiture of participation in the Contest and, in such case, Contest Entities may select an alternate. The Winner is bound to confidentiality and is NOT permitted to publicly announce his/her status as a Winner (via social or traditional media) until it has been publicly announced by the Sponsor or such other time as Sponsor grants the confirmed Winner permission to share his/her status.
9. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each Entrant understands and acknowledges that the Contest Entities have wide access to ideas, stories, designs, and other materials, and that new ideas are constantly being 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 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 any Contest Entities use of any such similar or identical material. Each Entrant acknowledges and agrees that the Contest Entities do 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 Submission. Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of a Contest Entities’ actual or alleged exploitation or use of any 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 such Entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Submission or any other production based on or allegedly based on the 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.
10. RIGHTS OF CONTEST ENTITIES/ DISCLAIMER OF LIABILITY: Contest Entities, shall have the right and sole discretion to edit, to refuse to publish or cease to publish any Submission whatsoever, including, without limitation any Submission which it finds to be in violation of the provisions hereof, does not fully comply with all of Contest Entities requirements in connection with any and all legal clearance issues, or which it finds in its sole discretion to be otherwise objectionable for any reason. Contest Entities also reserve the right to replace the winning Submission with the Submission of an alternate eligible Entrant in accordance with these Official Rules if such Submission and/or Entrant is withdrawn from or removed from the Contest for any reason, including without limitation, Entrant’s failure to have documents executed as directed by the Contest Entities. Contest Entities also reserve the right, in their sole discretion, to adjust times and dates reflected in the Description Section of the Official Rules at any time and/or to terminate the Contest for any reason in the event that there is an error, problem or cause which impacts the operation, administration or security of the Contest or the Contest Entities and, in such situation, to select the Grand Prize Winner from the eligible Submissions received prior to the action taken or in such manner as deemed fair and appropriate by Contest Entities. The Contest Entities are not responsible for any materials provided by Entrants which are deemed harmful or offensive to others or for any harm incurred as a result of the Submission creation. The Contest Entities are not responsible in any way for any injury, loss or damage which occurs as a result of an opinion expressed. The Contest Entities make no warranties, express or implied, as to the content or the accuracy or reliability of any information or statements contained in the Submission. All statements and opinions made by Entrants are those of such Entrants only, and the Contest Entities neither endorse nor shall be held responsible for the reliability or accuracy of same. Contest Entities are not responsible for the content or practices of third party Web sites that may be linked to the Contest Website. This site may also be linked to Web sites operated by companies affiliated with Contest Entities. Visitors to those sites should refer to each site’s separate privacy policies and practices.
11. RELEASE: By participating, each Entrant agrees that the Contest Entities and all entities involved in the production, sponsorship and/or promotion of the prize or Sponsor’s programming, or any part thereof, including, without limitation, Kimes Ranch Jeans, and each of their respective parent, subsidiary and affiliated companies, units and sponsors, divisions and advertising and promotional agencies and prize suppliers and all entities involved in the production, sponsorship and/or promotion of the prize, or any part thereof, including, without limitation, the producers of Sponsor’s programs; each of their respective officers, directors, agents, representatives and employees; and each of these companies and individuals' respective successors, representatives and assigns (collectively, the "Released Parties") are not responsible or liable for, and shall be released and held harmless from: (i) late, lost, delayed, damaged, incomplete, illegible, unintelligible, misdirected or otherwise undeliverable mail, postage-due notices, release forms, affidavits or other correspondence; (ii) telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind; (iii) any condition caused by events beyond the control of the Released Parties that may cause the Contest to be disrupted or corrupted; (iv) any printing, human, typographical or other errors or ambiguities in (or involving) any materials associated with the Contest; (v) any and all losses, damages, rights, claims and action of any kind in connection with or resulting from participation in the Contest; (vi) acceptance, possession, or use of any grant, including without limitation, personal injury, death and property damage arising there from; and (vii) claims based on publicity rights, defamation or invasion of privacy. Contest Entities reserve the right, in its sole discretion, to suspend or cancel the Contest at any time for any reason, including, without limitation, if a computer virus, bug or other technical problem corrupts the administration, security, or proper conduct of the Contest, strikes, lock-outs, acts of God, technical difficulties, and other events not within the reasonable control of Contest Entities. Contest Entities reserve the right, at their sole discretion, to prohibit any Entrant from participating in the Contest or to disqualify any individual it finds, in its sole determination, to be tampering with the entry process or the operation of the Contest; to be attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any other unfair playing practices; to be acting in violation of the Official Rules; or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Contest Entities may suspend or discontinue the Contest if, in their sole opinion, there is any actual or suspected tampering of the Contest, or any other malfunction, event or activity that may affect the integrity of the Contest. CONTEST ENTITIES SHALL NOT BE OBLIGATED TO AWARD ANY PRIZE THAT RELATES TO OR ARISES OUT OF IMPROPER OR MISTAKEN PRIZE NOTIFICATION, OPERATION OR FUNCTION OF THIS CONTEST.
12. INDEMNITY: Entrant shall indemnify, defend and hold harmless the Released Parties from and against any and all liability, claims, loss, damage, injury or expense, including reasonable attorneys’ fees, arising out of or in connection with any third party claim or action arising out of or in connection with (i) Entrant’s participation in the Contest, (ii) a breach or allegation which if true would constitute a breach, of any of Entrant’s representations, warranties or obligations herein, and/or (iii) acceptance, possession, or use of any prize, including without limitation, personal injury, death and property damage arising therefrom.
DISPUTES: This Contest is governed by the laws of the United States and the State of Arizona, without respect to any choice of law or conflict of law principles that would result in the application of any law other than that of Arizona. As a condition of participating in this Contest, Entrants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Contest, shall be resolved individually through binding arbitration, without resort to any form of class action, in accordance with the arbitration provision set forth below.
13. ARBITRATION PROVISION: By participating in this Contest, each Entrant agrees that (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) the entrant may have against a Released Party arising out of, relating to, or connected in any way with the Contest, the awarding or redemption of any prize and/or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a sole arbitrator in accordance with the rules of AAA; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Phoenix, Arizona; (4) the arbitrator’s decision shall be controlled by the terms and conditions of these Terms and Conditions and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Contest; (5) the arbitrator shall apply Arizona law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only the entrant’s and/or the Released Party’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against the entrant or the Released Party; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against the Released Party exceed $125 USD, and the entrant is unable (or not required under the rules of AAA) to pay any fees and deposits that exceed this amount, the Released Party agrees to pay them and/or forward them on the entrant’s behalf, subject to ultimate allocation by the arbitrator. In addition, if entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, the Released Party will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither entrant nor the Released Party shall be entitled to arbitrate their dispute. For more information on AAA and/or the rules of AAA, visit their website at gwww.adr.org.
15. WINNER/OFFICIAL RULES: To obtain a copy of the Winner’s List or a copy of these Official Rules, send your request along with a stamped, self-addressed envelope to Kimes Ranch Jeans, 27817 N 160th Street Scottsdale, AZ 85262. Requests for the names of the winner must be received no later than December 31, 2017. Vermont residents may omit return postage.