Company
“Get Flocked” Creative Photo Contest
Official Rules
THE 2010 CHEESEBURGER IN PARADISE GET FLOCKED CREATIVE PHOTO CONTEST IS OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA THAT ARE OF LEGAL DRINKING AGE (TWENTY ONE OR OVER) AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO U.S. LAW. DO NOT ENTER THIS CONTEST IF YOU ARE NOT LOCATED IN THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA OR UNDER THE AGE OF TWENTY ONE.
No purchase necessary. BUT, A REFUNDABLE $5 DEPOSIT IS REQUIRED. INTERNET ACCESS AND VALID E-MAIL ADDRESS REQUIRED. Sponsored by Paradise Restaurant Group, LLC, Tampa, FL 33607.
To Enter: Go to any Cheeseburger In Paradise (“CiP”) restaurant location and borrow a Flamingo (while supplies last). Availability of Flamingos is not guaranteed; some CiP restaurant locations may run out of Flamingos before others. IN BORROWING FLAMINGO, YOU AGREE TO ASSUME ALL RESPONSIBILITY FOR ITS SAFEKEEPING AND ALL RISK OF DAMAGE OR LOSS TO FLAMINGO. You must leave a refundable $5 deposit as a condition to borrowing a Flamingo and participating in the Contest. Take a digital photo/image of the Flamingo having ‘good clean fun’ on Spring Break. Include a clever caption describing your photo/image. Return the Flamingo to the CiP restaurant from where it was borrowed and receive a promotional code (as well as return of your $5 deposit**). Then, log on to www.CheeseburgerinParadise.com/Flamingo between 12:01 a.m. (Eastern Standard Time) on 3/1/10 and 11:59 p.m. (Eastern Daylight Time) on 5/22/10 and follow the on-screen instructions to register and submit your photo/image. All entrants must have a valid e-mail address. In case of dispute as to identity of a winner, entry will be declared made by the registered user (meeting eligibility criteria) of the e-mail account used to submit entry, and if a prize is won, it will be awarded to that registered user. [DO NOT GIVE PHOTO/IMAGE TO CIP RESTAURANT PERSONNEL AS ENTRIES WILL ONLY BE ACCEPTED ON-LINE.]
**In addition to return of $5 deposit, you will receive a coupon redeemable at that CiP restaurant for a complimentary appetizer good on your next visit. Coupon subject to terms/conditions stated thereon, including expiration date. Coupon may be redeemed only when appetizer is normally sold. CiP menu, including available appetizers, is subject to change without notice and may vary with each CiP restaurant location.
HOWEVER, IF CIP RESTAURANT PERSONNEL DETERMINE IN THEIR SOLE DISCRETION THAT FLAMINGO IS NOT RETURNED IN THE CONDITION IN WHICH IT WAS FURNISHED TO YOU (OR IS NOT RETURNED AT ALL) REGARDLESS OF REASON, YOU AGREE THAT YOU WILL FORFEIT ANY RIGHT TO THE $5 DEPOSIT (AND YOU WILL NOT RECEIVE THE APPETIZER COUPON) AND UNDERSTAND AND AGREE THAT SPONSOR MAY TAKE OTHER ACTIONS AGAINST YOU SO AS TO PROTECT ITS RIGHTS.
Entrants may enter more than once, but each entry must be unique and follow the requirements listed or entry will be disqualified. All entries become the property of Sponsor.
Entries must meet all of the following requirements or they will be disqualified:
Image must feature a Cheeseburger in Paradise provided Flamingo, with the Cheeseburger in Paradise name/logo clearly visible. (Sponsor grants you a license to use the Flamingo solely for purposes of participation in the Contest.)
Each entry must be original (except for Flamingo itself), unpublished, the sole property of the submitter, and not previously submitted in any other contest (including from the previous year) and may not infringe upon any third party rights (including rights of publicity, privacy, trademark or copyright). If you include any other person in your photo/image, be sure to obtain his/her consent. DO NOT INCLUDE PERSONS WHO ARE UNDER 21 IN YOUR PHOTO/IMAGE.
Each entry may not promote any commercial/business enterprise, charity or any cause other than the theme of the Contest.
Each entry must include: entrant’s full name, street address, city, state, zip code, phone number, Cheeseburger in Paradise location visited, promo code and email address. No joint/group entries. Promo code is valid only for purposes of participation in this Contest and is void if purchased, sold or transferred; promo code cannot be exchanged for cash or credit.
At the judges’ discretion, entries including unsuitable content or that are in violation of third party rights (including, but not limited to, copyrights) will be immediately disqualified.
VOTING:
The photograph that receives the most public on line votes from Monday June 7th, 2010 at 12:00 a.m. through Saturday June 12th at 12:00 a.m. will be deemed the winning Contest photograph. One first place winner will be chosen. For purposes of the Contest, a "vote" means a vote cast on the Cheeseburger in Paradise Website, by a "unique voter." A "unique voter" is an individual person (a) who has registered on the Cheeseburger in Paradise Website (b) with unique registration information (i.e., email address) that is not duplicative of another voter. A unique voter may vote no more than once during the voting period for a unique photograph, so that a unique voter may cast no more than 1 vote for any single photograph. In addition to the Disqualification provisions below, if Cheeseburger in Paradise determines, in its sole discretion, that an abuse of the "unique voter" rule has occurred, Cheeseburger in Paradise may disqualify votes cast by such voters or contestants, including if more than 5 of such voters or contestants registered from the same computer "IP address" in the voting period.
If there is an exact tie in the number of votes cast for two photographs, then a second voting period will be added to determine which photograph entry will receive the winning prize. Winners will be determined within 1 week of the end of the Contest; however, Cheeseburger in Paradise reserves the right to take more or less time to determine the winner as it deems necessary in its sole discretion.
The winner and any runners up will be notified by phone, email and/or postal mail. The winner will be selected based upon the results of online voting, and will be subject to approval by Cheeseburger in Paradise pending confirmation of the winner's compliance with these Official Rules. Cheeseburger in Paradise’s decisions are final on all matters relating to this Contest.
NATIONAL PRIZES:
One (1) grand prize winner will receive a trip for him/herself and (1) guest to the Flamingo Hotel in Las Vegas. Trip consists of roundtrip coach air travel from major commercial airport near winner’s residence; 4 days/3 nights accommodations; ground transportation between Las Vegas airport and hotel. Trip is subject to availability and blackout dates. Travel must be completed by 12/01/2010. Winner must provide at least 30 days advance notice prior to intended travel date. Winner and guest must travel on same itinerary as set by Sponsor in its sole discretion. Valid government photo identification is required for air travel. If winner lives within approximately 150 miles of Las Vegas (as determined by Sponsor in its sole discretion), winner will receive ground transportation instead of air travel and will not receive any substitute prize in conjunction therewith. Total Approximate Retail Value (ARV) for the grand prize is $1,550.00.
[Ω Harrah’s Entertainment, Inc. has not sponsored, endorsed or authorized this Contest, Cheeseburger in Paradise or Paradise Restaurant Group, LLC.]
One (1) first runner-up will receive “your own flockin’ house party” consisting of $100.00 Cheeseburger in Paradise gift certificate and $250 gift card from Fun Express/Oriental Trading Company. $100 gift certificate is redeemable until 08/01/2010; $250 gift card is redeemable until 07/01/2011. Total Approximate Retail Value (ARV) for one (1) first runner-up prize is $350.00
Two (2) second runners-up will receive “dinner for your flock” (for up to 10 people) at a CiP restaurant. Awarded as Cheeseburger in Paradise certificate for dinner for ten, redeemable until 08/01/10. Total Approximate Retail Value (ARV) for the each second runner-up prize package is $250.00.
Three (3) monthly winners (one [1] winner per restaurant, per calendar month) will receive a $25 Cheeseburger in Paradise gift certificate redeemable at any CiP location until 08/01/10. (Month of May ends on 5/22/10 at 11:59 p.m. EDT).
Thirty four (34) restaurant winners will receive a $50 gift card from Fun Express/Oriental Trading Company redeemable until 08/01/2010 and a $25 Cheeseburger in Paradise gift certificate redeemable at any CiP location until 08/01/2010. Total Approximate Retail Value (ARV) for each restaurant grand prize winner is $75.00.
Gift card/gift certificate/certificate prizes are subject to terms/conditions of use indicated thereon, in addition to redemption deadline.
For National Prizes (except for monthly prizes), judges will select the top 10 entries from all eligible entries received based on: overall creativity of the photo (effectively incorporates provided flamingo in an interesting environment) (40%), originality and uniqueness (35%) and humor (25%). Such judging will take place on or about 5/28/2010. The top 10 entries will then be posted on the Web site for purposes of public voting. The public voting period is tentatively scheduled for 5/23/10 to 5/29/10. There is a limit of one (1) vote per e-mail address/household.
The entrant whose entry receives the most votes, as tabulated by Sponsor in its sole discretion, potentially wins the National Grand Prize; the entrant whose entry receives the next highest vote total potentially wins the first runner-up prize; and, the entrants with the next two highest vote totals each potentially win a second runner-up prize. The entrants with the remaining top 10 entries will not receive a prize.
For restaurant prizes, each restaurant will select the top entry from all eligible entries received for that restaurant based on: overall creativity of the photo (effectively incorporates provided flamingo in an interesting environment) (40%), originality and uniqueness (35%) and humor (25%). Such judging will take place on or about 5/28/2010.
For monthly restaurant prizes, each restaurant will select top entry for each month from all eligible entries for that restaurant for that month based on: overall creativity of the photo (effectively incorporates provided flamingo in an interesting environment) (40%), originality and uniqueness (35%) and humor (25%). Such judging will take place approximately 3 business days after the last day of each month.
By participating, you agree that, if your entry is selected by the judges as one of the top 10 entries, a) while Sponsor will seek to accurately present entries on the Web site, an entry as posted on the Web site may differ from the entry as originally submitted by you due to technological malfunction/error/defect/limitation/modifications and Sponsor shall have no liability related thereto; (b) Sponsor may post the top 10 entries on the Web site in any order, format or pattern, at its sole discretion; and (c) Sponsor may, at its sole discretion, modify, alter, edit or omit the caption submitted by entrant, and/or include its own comments regarding entry when posted on Web site; and (d) entry will be attributed to you as follows (First name, last initial; city, state)
Winners will be notified by phone, postal mail and/or email. National Prize winners will be notified on or about 6/15/10. Restaurant Grand Prize winners will be notified on or about 06/15/10. Restaurant monthly prize winners will be notified approximately 10 business days after end of applicable month. If winner does not respond within ten (10) days of notification, prize may be forfeited and another winner may be selected.
By entering the Contest, entrants accept and agree to these rules and the decisions of the judges and Sponsor, which shall be final and binding in all respects. Winners may be required to sign a Winner’s Agreement and Release and return it by date specified in notification letter or prize will be forfeited in its entirety and another winner may be selected. Return of any prizes or notification as undeliverable will result in disqualification, and an alternate winner may be selected. Travel guest of National Grand Prize winner must be 21 or over and must sign and return a Release prior to issuance of travel documents.
By submitting an entry, entrants agree to allow use of his or her name and entry for advertising and promoting this or similar promotions, including posting their first name and last initial on the Web site, without compensation unless prohibited. Entrant also agrees and acknowledges that Sponsor may edit and publish/post the entry, and that the entry is entrant’s original work and that Sponsor’s ownership/use of entry will not violate any third party rights. By submission, entrant assigns all rights of ownership and publication to Sponsor and entries will not be returned.
Other Conditions: Sponsor, its respective affiliates, subsidiaries, parent corporations, and their respective officers, directors, shareholders, employees and agents and any and all Internet servers and access provider(s) are not responsible for: any incorrect or inaccurate entry information; human error; technical malfunctions; failures, omissions, interruptions, deletions, or defects of any telephone network, computer online systems, computer equipment, servers, providers, or software, including any injury or damage to participant's or any other person's computer relating to or resulting from participation in this Contest; inability to access the Web site, theft, tampering, destruction, or unauthorized access to, or alteration of entries; data processing that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or the Internet or any Web site; printing or other errors; or any combination thereof. Proof of entering information at Web site is not considered proof of delivery or receipt. Incomplete entries will be disqualified. False and/or deceptive entries or acts shall render entrants ineligible.
Eligibility: Contest is open to legal residents of the 50 United States and The District of Columbia, 21 years or older. Employees and their immediate families of Paradise Restaurant Group, LLC, their respective affiliates, subsidiaries, parent and related companies, and agencies are not eligible. Void where prohibited or restricted by law.
General: Entrants release and waive any claim they may have against Paradise Restaurant Group, LLC, and their respective employees, officers, directors, shareholders, affiliates, subsidiaries, parent and related companies and agencies for injuries, claims, damages or losses, costs or expenses of any kind resulting from acceptance of, use or misuse of a Prize or parts thereof or from participation in this Contest. Any attempt by an entrant or any other individual to deliberately damage any Web site or undermine the legitimate operation of this promotion is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. All eligible entries received on-line, as of the termination date, will be included in the judging.
Force Majeure: If, for any reason, Sponsor determines in its sole discretion that the Contest (in whole or in part) is not capable of running as originally planned, including without limitation labor dispute, strike, riot, civil commotion, equipment/programming failure or malfunction, tampering/unauthorized human intervention, fraud, fire, flood, storm or other natural cataclysm or any other cause beyond the control of Sponsor which, in Sponsor’s sole discretion, could corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest. In such event, Sponsor will determine prize winner(s) in a manner deemed by Sponsor in its sole discretion to be fair, appropriate and consistent with these Official Rules; and, if necessary, Sponsor may make Flamingos available other than at CiP restaurant locations. Notice of such actions by Sponsor will be posted on Web site and at CiP restaurant locations.
NOTE: Internet entry must be made by the entrant, only at the authorized Web site address of www.CheeseburgerinParadise.com/flamingo.
DISPUTE RESOLUTION/CHOICE OF FORUM: Any and all disputes regarding this Contest or these Official Rules shall be governed by the internal laws of the State of Florida. Any action must be brought individually (NOT as part of a class action) in federal or state court in Hillsborough County, Florida and, in any such action, a person is only entitled to recover actual costs involved in participating in Contest (if any), with all rights to attorney fees and any and all damages (including special, punitive, consequential damages) being expressly waived.
WINNERS LIST. For names of prize winners, available after 7/1/2010, send a self-addressed stamped envelope to Cheeseburger in Paradise 2202 North Westshore Blvd. Suite 500 Tampa, FL 33607 . Requests must be received by 5/24/2010. Names of prize winners (first name, last initial) may also be posted on Web site. NOTE: Internet entry must be made by the entrant, only at the authorized Web site address of www.CheeseburgerinParadise.com/flamingo/index.asp.
