Carl’s Jr – 2019 100 Days Of Summer Contest – Social Media Sweepstakes

THE CARL’S JR.® 2019 100 DAYS OF SUMMER CONTESTOFFICIAL RULES NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR TO WIN.  A PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING.  ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY.  OPEN TO LEGAL RESIDENTS OF THE UNITED STATES AND THE DISTRICT OF COLUMBIA, EXCLUDING FLORIDA, NEW YORK, RHODE ISLAND AND RESIDENTS OF STATES WHERE RESTRICTED OR PROHIBITED BY LAW. MUST BE 18 YEARS OF AGE OR OLDER TO ENTER.HOW TO ENTER:  The Carl’s Jr.® 2019 100 Days of Summer Contest (“Contest”) shall begin on Monday, June 24, 2019 at 12:00AM CDT and end on Friday, August 2, 2019 at 11:59 PM CDT (“Entry Period”).  Seven (7) prize winners (individually “Winner and collectively “Winners”) shall be chosen from all eligible entries.  One Winner of a respective prize will be chosen on each of the following days at approximately 2:00 PM CDT:  Thursday, June 27 – Travel PackageThursday, July 4 – Beach PackageThursday, July 11 – Skate PackageWednesday, July 17 – Splash House ​Thursday, July 18- Surf PackageThursday, July 25 – Food Truck Party PackageThursday, August 1 – Lifestyle Package Winners do not need to be present to win. To enter the Contest, during the Entry Period, post how you celebrate summer with Carl’s Jr.® (your submission can be in the form of an image, video, Boomerang video, painting, song, custom culinary masterpiece – whatever!) from your Facebook®, Twitter®, Instagram®, or YouTube® and tag​ #CarlsSummer100.  You do not have to buy the product and may instead creatively include reference to the product of your choice in your content submission. If your entry is not selected in any particular week during the Entry Period, your submission will automatically remain in the Contest for the remainder of the Entry Period.  Entries from the seven (7) Winners’ entries will be featured on various Carl’s Jr. social media platforms including, but not limited to, Facebook®, Twitter®, and Instagram®. Limit one entry per person. Duplicate and mechanically reproduced multiple entries will be disregarded.  All entries must be completed in their entirety. Sponsor is not responsible for illegible, incomplete, altered, mutilated, or lost entries, for any incorrect or inaccurate entry information, whether caused by any of the equipment or programming associated with or utilized in the contest, or by any technical or human error which may occur in the processing of the entries in the contest, or for failure to receive entries due to technical failures of any kind, and such entries will be void.  Sponsor reserves the right to disqualify any entries by persons determined to be tampering with or abusing any aspect of the Contest. 2.  DECISION OF THE SPONSOR: By participating in this Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and all decisions of Sponsor, which shall be final and binding in all respects. Sponsor reserves the right to cancel this Contest at any time for any reason without notice. Sponsor reserves the right in its sole discretion to suspend, modify or terminate the Contest.  Should the Contest be terminated prior to the stated expiration date, Sponsor reserves the right to award prizes based on the entries received before the termination date. Sponsor reserves the right to disqualify any entries by persons determined to be tampering with or abusing any aspect of the Contest. 3. ELIGIBILITY: The Contest is open only to legal residents of the United States and the District of Columbia, excluding Florida, New York, Rhode Island and residents of states where restricted or prohibited by law. Void elsewhere and where restricted or prohibited by law.  Must be at least 18 years of age or older at time of entry.  Employees of Sponsor and its parent, subsidiaries, affiliates, agents, distributors, franchisees, retailers, sales representatives, advertising and promotion agencies and each of their respective officers, directors and employees (collectively, the “Promotion Entities”) and members of their immediate families or persons residing in the same household, are ineligible to enter the Contest or win a prize.  Winners of a prize from Sponsor within the past thirty (30) days from the beginning date of this Contest are not eligible. 4. REQUIREMENTS FOR AND RESTRICTIONS ON PHOTO ENTRIES: Content Requirements and Restrictions All content in the photo or video must be your original creation or in the public domain and may not include any personally identifiable information associated with you or anyone else.The photo or video may not contain any images which involve graphic violence, vulgar language, acts resulting in serious injury or death, any acts of a sexual nature or contain depictions of illegal activity or appear to incite illegal activity.The photo or video may not contain any depictions of full or partial nudity or contain any images of a pornographic or obscene nature and/or any material which could be harmful if viewed by minors.The photo or video may not contain content which is intended to victimize, harass, degrade and/or intimidate an individual or group of individuals on the basis of age, disability, sexual orientation, ethnicity, gender, race and/or religion.The photo or video may not give the appearance of condoning, advertising and/or offering for sale inappropriate products or services including, but not limited to, lotteries, firearms, fireworks, explosive materials, tobacco, alcohol, and adult-oriented products and/or services.  Third Party Rights RestrictionsThe photo or video may not give the appearance of endorsement by, sponsorship, affiliation with, or advertisement of any third party and/or its products or services.The photo or video should not contain the likeness of anyone other than yourself who has not consented to use of their likeness in the photograph. The photo or video may not contain any content which infringes on any third party intellectual property rights (trademark, copyright and/or patent), rights of publicity or any other rights.  All entries that do not strictly adhere to the above requirements and restrictions will be ineligible.  Sponsor reserves the right, in its sole discretion, to disqualify any entry, at any time which, in the Sponsor’s reasonable opinion, 1) is immoral, obscene, profane, defamatory, offensive or in any way not keeping with the Sponsor’s image; 2) depicts, describes or induces the committing of dangerous stunts, tricks or other such conduct that could lead to physical injury and/or property damage; 3) endangers the safety and well-being of any person or animal; 4) contains any materials which infringe upon any third party rights including, but not limited to, trademark, copyright, patent, trade secret, rights of publicity or any other such proprietary rights of and legal entities or individual, whether living or deceased; and 5) is otherwise in violation of any provision of these Official Rules. By entering this Contest, you grant to Sponsor the unconditional, irrevocable, perpetual right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use the photo or video entry (with or without using your name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you or any other party. By submitting your photo or video entry, you forever waive any rights of copyrights, trademark rights, patent rights, privacy rights, and any other legal or moral rights in the photo or video entry that may preclude the Sponsor’s use of the photo or video entry or require your permission for the Sponsor to use your photo entry.  By submitting your photo or video entry, you further agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Sponsor, or any other person or entity, on the grounds that any use of your photo entry, or any derivative works, infringe any of your rights, including, without limitation, copyrights, or moral rights. You further acknowledge that Sponsor is in no way obligated to broadcast, publish or use your photo or video entry in any way.  Nothing herein shall constitute an employment, joint venture, or partnership relationship between you and Sponsor.  In no way are you to be construed as the agent or to be acting as the agent of Sponsor.  All entries become the property of the Sponsor and will not be returned. 5. JUDGING: Seven (7) Grand Prize Winners will be chosen by Sponsor from all eligible entries received during the Entry Period to be eligible to be awarded a prize from the judged entry. Winners will be judged on the following criteria: originality (33%), creativity (34%) and incorporation of the Carl’s Jr. products/brand (33%) the (“Judging Criteria”).  A panel of one or more judges will select the seven (7) Winners from among all eligible entries based on the Judging Criteria.  The Judging Criteria are to be applied in the sole discretion of Sponsor and the individual judges.  By entering the Contest, entrants acknowledge that such evaluations may differ from person to person and agree to be bound by and not challenge the final decisions of Sponsor and the individual judges. 6. REPRESENTATIONS AND WARRANTIES: By entering this Contest, you represent and warrant that 1) the photo or video, and content therein, in no way infringes upon the intellectual property, privacy and/or publicity rights or any other legal or moral rights of any third party, whether living or deceased, and does not defame any person or identify any person, including yourself, by name or other personally identifiable information; 2) the photo or video does not violate any law or regulation; 3) you are the sole creator of the photo or video and you own any and all rights to the photos including, but not limited to, any copyrights therein.  You further agree to waive any claim for reimbursement for any equipment or materials necessary to produce and submit the photo or video, regardless of whether the photo or video is selected for any prize in the Contest.  Sponsor’s determination as to whether the photo or video entry may violate the rights of any third party and/or violates one or more of the provisions in these Official Rules is FINAL. 7. INDEMNIFICATION:  You Agree to indemnify and hold harmless Sponsor, its agencies, affiliates, officers, directors, agents, and employees, and each of their respective parent, subsidiary and affiliate companies, their employees, shareholders, officers, directors, agents, members, successors and assigns (collectively referred to as the “Indemnities” and/or “Released Parties”) harmless from any and all claims, damages, expenses, costs (including reasonable attorneys’ fees) and liabilities (including settlements), brought and/or asserted by any third party against any of the Indemnities due to and/or arising out of the use of any element of your photo or video entry, or your conduct in submitting and/or creating your photo or video entry or any other conduct related to this Contest, including but not limited to claims for trademark infringement, copyright infringement, violation of an individual’s right of publicity or right of privacy, or defamation.  You further agree to release Sponsor and the Indemnities from any and all claims that any advertising subsequently produced, presented, and/or prepared by or on behalf of Sponsor infringes your rights with regard to any elements and/or ideas contained in your photo or video entry. 8. PRIVACY: Any personally identifiable entrant information collected by Sponsor or its representative during the Contest will solely be used by Sponsor for purposes of the proper administration and fulfillment of the Contest as described in these Official Rules or as otherwise permitted and in accordance with Sponsor’s Privacy Policy at 9. PRIZES: Seven (7) Prize Packages: Travel Package (ARV – $950): Travel Set, Headphones, Bocce ball set; Beach package (ARV – $1,400): Beach chairs, Sunglasses, Tote bag, Spike-ball game kit, portable phone charger, portable speaker, Pelican(TM) cooler featuring custom Adam Turman design and Pelican (TM) tumblers; Skate package (ARV – $3,500): Evolve electric skateboard, skateboard helmet featuring custom Adam Turman design, Triple 8 skate pads, drone, sweatshirt featuring custom design by Taylor Reeve;  Splash House(TM) weekend (ARV – $1,600): 2 weekend passes, Hotel stay, Per diem; Surf Package (ARV – $2,100): Catch Surfboard, Wetsuit, Go Pro® camera, beach towels, custom flat bill and bean bag designed by Taylor Reeve; Food Truck Labor Day Weekend party (ARV – $3,500); Lifestyle Package (ARV – $2,350), Adirondack chairs, Sequin t-shirts, backpacks, Footwear,  rocker featuring custom Adam Turman design, Tern bikeApproximate retail value (ARV) of all prizes is $15,000.00.The Food Truck Labor Day Weekend Party package will take place in Los Angeles, California.  The winner of this prize package must obtain their own travel arrangements, at their expense, to Los Angeles to claim the prize package.  The Splash House Weekend prize package takes place in Los Angeles, California.  The winner of this prize package must obtain their own travel arrangements, at their expense, to Los Angeles to claim the prize package. 10. ODDS:  Odds of winning depend on the number of eligible participants who enter the Contest. 11. WINNER NOTIFICATION AND ACCEPTANCE:  The Winners will be notified by e-mail and/or social media direct message on or about Thursday, June 27; Thursday, July 4; Wednesday, July 10; Thursday, July 11; Thursday, July 18; Thursday, July 25; Thursday, August 1.  If Winner(s) fails to respond to Sponsor within fourteen (14) days of notification, Winner(s) shall forfeit Prize and Sponsor may select an alternate Winner in a random drawing from the remaining eligible entries.  Potential winners may waive their right to receive a prize.  All prizes will be awarded, but unclaimed prizes may be forfeited.  Prizes are non-assignable and non-transferable.  No substitutions allowed, except that prizes and individual components of prize packages are subject to availability and Sponsor reserves the right to substitute prizes of equal or greater value.  Winners are solely responsible for reporting and payment of any taxes on prizes.  Where legal, Winners may be required to sign, execute, and return a Prize Winner Statement of Eligibility and Release of Liability and Publicity Release and any other documentation that Sponsor requires (collectively “Statement/Release”) before a prize will be awarded or such potential winners may be disqualified, and an alternate potential winner may be selected.  Except where prohibited by law, participation in the Contest constitutes entrant’s consent to the publication of his or her name and image in any media for any commercial or promotional purpose, without limitation or further compensation. The Sponsor reserves the right at any time to cancel this Contest, make rules and Contest changes and/or substitute another prize of equal of greater value for any reason including if any of the Prizes becomes unavailable. Prizes will be mailed to the winners at the address provided in the contest submission. 12.  PRIVACY: Personal information provided by Contest entrants will be treated in accordance with Sponsor’s Privacy Policy, located at 13.  CONTEST RULES:  Official Rules are available at 14.  WINNER’S LIST: For a list of prize winners (available after August 19, 2019 and until January 25, 2019), send a self-addressed stamped envelope to Carl’s Jr.® 2019 100 Days of Summer Contest, 6700 Tower Circle, Suite 1000, Franklin, TN 37067. Attn: Winner’s List.  Sponsor has 60 days to process your request after receipt. 15. GENERAL RELEASE:  Each entrant agrees that the Promotion Entities (A) shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Contest or in any Contest related activity, or from entrant’s acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose.  By entering, entrants agree to and acknowledge compliance with these Official Rules, including all eligibility requirements and agree to release Sponsor, its affiliates, subsidiaries, franchisees, divisions, advertising and promotion agencies, and all of their respective employees, directors, officers, shareholders, agents, successors or assigns (collectively “Releasees”), from any claims, losses, actions, or damages, whether actual, incidental or consequential, arising out of or relating to entrants’ participation in this Contest, or the acceptance, possession or use/misuse of any prize, or participation in prize-related activities.  Releasees are not responsible for: (i) entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, misdirected, or not received by the Sponsor or its agents for any reason, (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures or human error that may occur in the transmission, receipt or processing of entries, or for destruction of or unauthorized access to, or alteration of, entries,  (iii) failed or unavailable hardware, network, software or telephone, cable or satellite transmissions, cellular equipment towers, damage to entrants’ or any person’s computer, wireless phone/handset and/or its contents, or causes beyond Sponsor’s reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Contest or (iv) any entries submitted in a manner that is not expressly allowed under these rules. All incomplete or non-conforming entries will be disqualified.  Sponsor is further not responsible for incorrect or inaccurate entry information whether caused by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the transmission, receipt or processing of the entries. Notwithstanding the foregoing, in the event that the preceding release is determined by a court of competent jurisdiction to be invalid or void for any reason, Contest entrant agrees that, by entering the Contest, (i) any and all disputes, claims, and causes of 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; (ii) any claims, judgments 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; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses. 16. CONSTRUCTION:  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any entrant and Sponsors, shall be governed by, and construed in accordance with the laws of the State of Tennessee without giving effect to any choice of law or conflict of law rules or provisions (whether of Tennessee or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than Tennessee.  The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision.  In the event that any such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. 17. THIRD PARTIES: This contest is in no way sponsored, endorsed, administered by, or associated with Facebook, Twitter, Google and/or Instagram.    Unless otherwise noted, the prize manufacturers and/or retailers are in no way affiliated with this contest. 18. SPONSOR: Carl’s Jr.® 2019 100 Days of Summer Contest is sponsored by Carl’s Jr. Restaurants LLC, 6700 Tower Circle, Suite 1000, Franklin, TN 37067 whose decisions regarding the selection of the Winner and all other aspects of the Contest shall be final and binding in all respects. Sponsor will not be responsible for typographical, printing or other inadvertent errors in these Official Rules or in other materials relating to the Contest. © 2019 Carl’s Jr. Restaurants LLC.  All rights reserved.​