The Front Porch Best Dad in the South Contest
OFFICIAL CONTEST RULES
OPEN ONLY TO LEGAL RESIDENTS OF Alabama, Delaware, Florida, Georgia, Illinois, Kentucky, Maryland, Ohio, North Carolina, South Carolina, Tennessee, Virginia, and West Virginia and Washington, DC, USA who are 21 years of age or older at time of entry. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.
1. CONTEST; SPONSOR; ADMINISTRATOR: The “Best Dad In The South” Contest (this “Promotion”) starts on 05/14/2013 at 12:00:01 AM Eastern Time (“ET”) and ends on 6/15/2013 at 5:00:01 PM ET (the “Promotion Period”). The “Sponsor” of this Promotion is Mooresville Ice Cream Company, LLC, 172 N. Broad Street, Mooresville, NC 28115. The “Administrator” of this Promotion is Concentric Consumer Marketing, Inc., 101 West Worthington Ave., Ste. 190, Charlotte, NC 28203. Administrator’s computer is the official time-keeping device for this Promotion. Promotion is subject to all applicable federal, state and local laws; and is void wherever prohibited by law.
2. HOW TO ENTER: Submit one photo along with a caption of 50 words or less on how the picture best depicts why you have the best dad in the south along with contact information (must include nominator’s name, home address, city, state, zip code, daytime telephone number, and e-mail address, if available). During the Promotion Period, to enter either mail-in-entry to: Front Porch’s Best Dad In The South Contest, P.O. Box 30545, Charlotte, NC 28230 or email photo as an attachment with write up to firstname.lastname@example.org with the email Subject Title “Front Porch’s Best Dad In The South Contest”. Any entries that fail to include all details as indicated will not qualify. Limit one (1) entry per person. Multiple entries do not increase the chance of winning. Best Dad in the South cannot (i) reference any commercial/corporate advertising, logos, brand names, trademarks or slogans other than those owned by Sponsor; (ii) reference any celebrity or other public figure; (iii) mention any sports team by name; (iv) disparage or defame any other person (including words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation, or socioeconomic group); (v) depict dangerous or illegal activity; (vi) depict indecent behavior or obscenities, including but not limited to nudity, or pornography; (vii) personally identify any other person; (viii) communicate messages or images inconsistent with the positive image and good will of the Front Porch brand; or (ix) violate any applicable federal, state, or local laws or regulations in any way as determined by Sponsor, in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any entry that, in its sole opinion, does not comply with these requirements or these Official Rules. Sponsor, in its sole discretion, may post “Best Dad in the South” Prize winner’s entry submitted in this Promotion to Sponsor’s or its affiliate’s social media and other websites and/or feature “Best Dad in the South” in advertising and promotional campaigns.
Proof of entering information at the website will not be deemed proof of delivery or receipt by Sponsor. All incomplete or non-conforming entries will be disqualified. Sponsor reserves the right to void all copies or mechanical reproductions of entries, and entries made through any script, macro, robotic, automatic, mechanical, programmed or similar duplication method. In the event of a dispute over the identity of an entrant, the entry will be deemed to have been submitted by the authorized account holder of the email address Upon submission, all entries become the property of Sponsor and will not be returned or acknowledged. You understand that you are providing your information to Sponsor and the information you provide will only be used for communications related to this Promotion. For a copy of these Official Rules, print them from the Web Site.
3. ELIGIBILITY: This Promotion is open only to both female and male legal residents of Alabama, Delaware, Florida, Georgia, Illinois, Kentucky, Maryland, Ohio, North Carolina, South Carolina, Tennessee, Virginia, West Virginia, Washington, DC, USA who are 18 years of age or older at time of entry. Employees of Administrator and Sponsor, their respective parent companies, affiliates, or subsidiaries, or their respective agents are not eligible to enter this Promotion or win a prize. Immediate family members of such employees are not eligible to enter this Promotion or win a prize. “Immediate family members” means parents, spouses, children, siblings, or grandparents and each of their respective spouses, regardless of where they reside. In order to enter this Promotion or receive the prize, you must fully comply with the Official Rules. By entering you agree to be bound by these Official Rules and the decisions of Sponsor, which are binding and final in all respects on matters relating to this Promotion.
4. PRIZES: Sponsor will award a total of one (1) Grand Prize. Grand Prize is a gift certificate for two to the Dale Jarrett Racing Adventure (value at $2,000) and two (2) coupons, each for one (1) free pint of any flavor of Front Porch® Carolina Churned Ice Cream (approx. value $9.98). Subject to individual retailers’ coupon policies, coupons for Front Porch® Ice Cream are redeemable at retailers where the ice cream is sold. See http://www.enjoyfrontporch.com/where-to-buy.php to locate retailers. Sponsor will not replace lost or stolen coupons. All taxes or expenses, including, without limitation, sales tax, federal and state income tax, and any other costs incurred in claiming or using prize and not part of the prize description and specifically awarded herein are the sole responsibility of the prize winner. Any difference between the actual value of a prize and the approximate retail value set forth in these Official Rules may not be claimed and will not be awarded. Winner will be able to choose from any one (1) of these seven (7) Dale Jarrett Racing Adventure locations: Talladega Superspeedway, Charlotte Motor Speedway, Kentucky Speedway, Atlanta Motor Speedway, Chicagoland Speedway, Homestead Miami Speedway or Bristol Motor Speedway. Preferred travel dates are subject to availability and applicable blackout dates. Visit http://www.racingadventure.com/ for information on race ways and availability. Travel costs will not be paid by the Sponsor. Prize winner must provide his/her own transportation to/from and at the Dale Jarrett Racing Adventure. The winner will be responsible for any expenses incurred, including but not limited to lodging and airfare. Gift certificate subject to expiration and fee for rescheduling. Gift certificate will expire one year from date of creation. Sponsor will not reissue an expired gift certificate. All dates are subject to change or cancellation. Prize winner will be responsible for booking their own package date and location from the options available by the Dale Jarrett Racing Adventure. No transfer, refund, substitution or replacement of a prize is permitted, except that Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value (or cash equivalent).
5. JUDGING; JUDGING CRITERIA; ODDS: Entries will be judged by employees at Concentric Consumer Marketing, Inc. (“Contest Judges”) based on the following criteria: Overall photo and caption presentation, including but not limited to, persuasiveness and sincerity. Entries will be judged between 6/15/2013 at 5:00:02 PM ET and 6/21/13 at 12:00:01 AM ET. One grand prize winner will be selected on/around 6/21/13 and notified by 5:00:01 PM ET on 6/21/13. Odds of winning a prize depend on the number of eligible entries received. Winner will be notified by mail, email or phone, in Sponsor’s discretion, at the contact information provided in the entry form. By entering, entrants give their express permission to be contacted by Sponsor by email. Potential Grand Prize winner will be required to sign and return to Administrator, within five (5) business days of the date of receipt, an Affidavit of Eligibility, Release and Copyright License and a W-9 form (Request for Taxpayer Identification Number and Certification) (an “Affidavit”) in order to claim his/her prize. If: (a) any prize notification is returned as undeliverable, (b) potential winner does not respond to notification by email or phone within three (3) business days of the date of first notification, (c) potential winner does not comply with these Official Rules (including, but not limited to, eligibility requirements), or (d) potential winner’s Affidavit is returned as undeliverable or is not received when required, the prize will be forfeited and Sponsor may select an alternate winner from among all remaining eligible entries. Sponsor reserves the right to verify potential winners’ eligibility and deliver prize within thirty (30) business days following receipt of potential winner’s Affidavit or other verification requested by Sponsor. Except where prohibited by law, Grand Prize winner may also be asked to participate in publicity photos, materials or other advertising by Sponsor featuring winner’s “Best Dad in the South.”
6. PUBLICITY RELEASE: Except where prohibited by law, entry into the contest constitutes the entrant’s consent for Sponsor or its agents to use and/or publish full name, country, city and state of residence, hometown, photograph or other likeness, entry, pictures, portraits, voice, testimonials, opinions, biographical information (in whole or in part), and/or statements made by the entrant, worldwide and in perpetuity for promotional purposes, in any media, without further compensation, notice, review, or approval.
7. REPRESENTATIONS, ACKNOWLEDGEMENTS; RIGHT TO CANCEL: By entering, each entrant warrants and represents that: (A) he/she consent to submission of their Front Porch Best Dad in the South Promotion and to its use by Sponsor for its marketing purposes; (B) Front Porch Best Dad in the South is the original work of the entrant, has not been previously published, has not previously won awards, and does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; and (C) entrant is not under a contractual, employment or other obligation to provide the Front Porch Best Dad in the South to any other individual or entity as part of an exclusive obligation, first right of refusal, or other similar restriction. By entering, each entrant grants to Sponsor and its agents a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up license to use entrant’s Best Dad in the South (including all rights embodied therein), and to reproduce, exploit, edit, modify, adapt, post, display, create derivative work of and distribute entrant’s Best Dad in the South, including, without limitation, the names and likenesses of any persons or locations embodied therein, worldwide and in perpetuity for promotional purposes, in any media, without further compensation, notice, review, or approval. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (i) tampering with the entry process or the operation of this Promotion, or with any websites associated with or utilized in promoting this Promotion; or (ii) acting in violation of the Official Rules. Sponsor reserves the right to void all entries made through any robotic, automatic, mechanical, programmed or similar entry duplication method and to disqualify any individual using such a method of entry. If Sponsor determines, in its sole discretion, that this Promotion cannot be executed as planned, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of this Promotion, or if this Promotion is compromised or becomes technically corrupted in any way, electronically or otherwise, Sponsor reserves the right to terminate this Promotion, to void the entries at issue, and/or modify this Promotion and/or award the prize from all eligible entries received as of the termination date. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed.
8. WARNING: Any attempt by an entrant or any other person to deliberately damage the website or undermine the legitimate operation of this Promotion may be a violation of criminal and civil laws; and should such an attempt be made, Sponsor reserves the right to seek remedies and damages (including attorneys’ fees) from any such entrant or other person to the fullest extent permitted by law, including seeking criminal prosecution.
9. RELEASE OF LIABILITY; DISCLAIMER OF WARRANTY: By entering, entrants acknowledge and agree that Sponsor, Administrator, and each of their respective parents, subsidiaries, and affiliates, and all of their respective officers, directors, employees, representatives, agents, successors, and assigns (collectively, the "Promotion Entities"), are not responsible, and shall have no liability, for: (a) entries that contain incomplete or inaccurate information, whether caused by entrants or by any of the equipment or programming associated with or utilized in this Promotion, or do not otherwise comply with or violate the Official Rules; (b) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged, garbled, misdirected, or otherwise not received by Sponsor or its agents for any reason; (c) any typographical or other error in the printing or advertising of this Promotion, the administration or execution of this Promotion, or in the announcement of prize winners; (d) 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; (e) failed or unavailable hardware, network, software or telephone transmissions, damage to entrants’ or any person’s computer and/or its contents, or causes beyond Sponsor’s reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Promotion; or (f) if a prize, or a prize component, cannot be awarded due to shipping delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Sponsor’s reasonable control. By participating in this Promotion, entrants and winners agree to indemnify, release and hold harmless the Promotion Entities from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury (including emotional distress), and/or death caused, directly or indirectly, from the awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this Promotion or any promotion or prize-related activities, and for any claims or causes of action based on publicity rights, defamation or invasion of privacy and merchandise delivery. Entrants and winner acknowledge that the Promotion Entities have neither made nor are in any manner responsible or liable for any warranties, representations or guarantees, express or implied, in fact or in law, relative to any prize.
10. DISPUTES: Except where prohibited, and as a condition of participating in this Promotion, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded in connection with this Promotion that cannot be resolved between the parties shall be resolved individually, without resort to any form of class action, and exclusively before a federal or state court having jurisdiction over Mecklenburg and Iredell County, North Carolina; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys' fees; and (3) unless otherwise prohibited, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental or consequential damages, including reasonable attorneys fees, and any other damages, other than for entrant’s actual out-of-pocket expenses (i.e., costs associated with entering this Promotion), and entrant further waives any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of North Carolina, without giving effect to any choice of law or conflict of law rules (whether of State of North Carolina or any other jurisdiction), which would cause the application of the laws of any state other than the State of North Carolina.
11. WINNER: Winner name may be posted on the Web Site at www.enjoyfrontporch.com or on its social media sites at www.facebook.com/enjoyfrontporch or www.twitter.com/enjoyfrontporch. A winner list may also be obtained by writing to Front Porch’s Best Dad In The South Contest - Winner List, P.O. Box 30545, Charlotte, NC 28230; inquiry for response must be received by 7/31/13.
Front Porch is a trademark of Sponsor or its affiliates.