WIN YOUR CORNER FAVORITE! "Smack Your Senses" Facebook Cover Photo Contest
Corner Bakery Cafe “Smack Your Senses” Facebook Cover Photo Contest
CONTEST RULES AND REGULATIONS
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA (EXCLUDING RESIDENTS OF PUERTO RICO AND U.S. TERRITORIES AND POSSESSIONS) WHO ARE AT LEAST 18 YEARS OF AGE. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. INTERNET ACCESS REQUIRED.
Contest Period: Corner Bakery Cafe’s “Smack Your Senses” Facebook Cover Photo Contest (the “Contest”) begins at 9:00 AM Central Daylight Time (“CDT”) on Friday, March 1, 2013 and ends at 11:59 PM CDT on Thursday, April 11, 2013 (the “Contest Period”). All entries must be received by 11:59 PM CDT on Thursday, April 11, 2013 (The “End Date”).
Administrator/Sponsor: The Contest shall be administered and sponsored by CBC Restaurant Corp. (“CORNER BAKERY CAFE” or “SPONSOR”).
Eligibility: The Contest is only open to legal residents of the 50 United States and the District of Columbia. Participants in the Contest (“Participants”) must be at least 18 years of age or older at time of entry. If submitting a photograph of a minor, the eligible Participant will be the parent or legal guardian posting the submission. Employees and their immediate families i.e., parents, spouse, children, siblings, grandparents, step parents, step children and step siblings and their respective spouses, regardless of where they reside, and members of the same household, whether or not related to Corner Bakery Cafe, affiliated companies, franchisees, sponsors, subsidiaries, advertising and promotion agencies and third party fulfillment or judging agencies (collectively, the “Contest Entities”) are not eligible to enter or win the Contest. Participants agree to be bound by these Official Rules of the Contest (“Official Rules”).
How to Enter: To enter the Contest, take an original photo of your favorite Corner Bakery Cafe menu item and share it at any time during the Contest Period by: (a) Posting on Instagram or Twitter using the hashtag #smackyoursenses, or (b) Posting on Corner Bakery Cafe’s Facebook wall at www.facebook.com/cornerbakerycafe. Submit your photo following the contest instructions (the “Submission”). All photo entries must contain in the photo caption: (1) the hashtag #smackyoursenses, (2) the photo owner’s first name and last initial, and (3) why the entrant loves the menu item pictured. All Submissions must be received by 11:59 PM CDT on Thursday, April 11, 2013 (the “Submission Deadline”). SPONSOR’s computer is the official clock for the Contest.
All Submissions must meet the standards set out in these Official Rules including, but not limited to, the Submission Requirements and Content Restrictions (specified below). SPONSOR reserves the right in its sole and unfettered discretion to disqualify any entry that it believes contains inappropriate content, that does not comply with these Official Rules, or that is not consistent with the spirit or theme of the contest.
Submission Requirements: Each Submission must be an original creation of the submitting Participant which is under no restriction, contractual or otherwise, that will prevent SPONSOR’s use of the Submission and each Submission must be free of any and all liens, encumbrances and claims of third parties. Participant acknowledges, agrees and warrants that, nothing in the Submission infringes on any copyrights, confidential information, trade secrets or trademarks belonging to any person or entity other than the Participant. Participant agrees to indemnify and hold harmless CORNER BAKERY CAFE, and each of their owners, officers, directors, employees, franchisees and affiliated organizations, and their respective officers, directors and employees, from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by Participant of these Official Rules or the warranties and representations made by Participant in this paragraph. By completing the Submission the Participant agrees, for zero cash or monetary compensation, to grant to SPONSOR all intellectual property rights in the Submission and each of its constituent parts, which rights include, without limitation, the SPONSOR’s right to publish, make available to the public and/or reproduce the Submission through any media available at any time during, or after, the Contest Period on any related websites, in any promotional materials, whether related or un-related to the Contest, and at any other location, whether physical or online, that SPONSOR, in its sole discretion, deems appropriate and necessary for the operation and promotion of this Contest. In addition, Participant warrants that any so called “moral rights” in the Submission have been waived and Participant acknowledges and agrees that SPONSOR may use any ideas from any Submission or other submitted materials, whether or not Participant has been awarded a prize in connection with any such Submission or other materials. Participant agrees to release, defend, indemnify and hold harmless CORNER BAKERY CAFE, and each of their owners, employees, directors, officers, agents, franchisees, subcontractors, and licensees from all claims, demands, and causes of action of any nature whatsoever which Participant or Participant’s heirs, representatives, executors, administrators, or any other persons acting on Participant’s behalf or on behalf of Participant’s estate, have or may have by reason of: (i) CORNER BAKERY CAFE’s exercise of any rights granted by Participant in this paragraph; (ii) claims based on violation of any right of publicity or rights of personality, infringement of copyright or trademark, libel, slander, defamation, invasion of privacy, loss of earnings or potential earnings in connection with CORNER BAKERY CAFE’s use of the Submission and any portion thereof, or the likeness of any natural person therein. CORNER BAKERY CAFE is not responsible for any expenses incurred in the production and delivery of the Submissions.
Submission Content Restrictions: Submissions must not contain material that:
- Violates or infringes another’s rights, including without limitation, privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
- Contains material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Includes threats to any person, place, business, or group;
- Includes foul language or inappropriate content;
- Is unlawful, in violation of or contrary to all applicable federal, state, or local laws and regulations.
Any Submission that does not comply with the above restrictions or any other requirement herein is subject to disqualification and SPONSOR reserves the right at its sole discretion to remove any Submission if SPONSOR receives notification about any potential infringements or breaches of law or any other reason set forth herein. Submissions must be suitable for presentation in a public forum, in sole determination of SPONSOR. SPONSOR is not responsible for lost, late, incomplete, invalid, illegible or misdirected Submissions, which will be disqualified; for technical failures of any kind, including, but not limited to, electronic malfunctioning of any network, hardware or software; or for any error, human, technical or otherwise; or any injury or damage to Participant’s or any other person’s computer related to or resulting from entering, participating in, or accessing or downloading information in connection with, this Contest. SPONSOR reserves the right at its sole discretion to modify, cancel or suspend this Contest for any reason whatsoever including, but not limited to, a computer virus, bug, or other cause beyond the control of SPONSOR. In case of dispute as to the owner of a Submission, the Submission will be deemed to have been submitted by the authorized account holder of the uploaded photograph submitted to the contest. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. A selected Participant may be required to provide SPONSOR with proof that he/she is the authorized account holder of the email address associated with the selected Submission. SPONSOR reserves the right, in its sole discretion, to disqualify any individual it finds tampering with the operation or entry process of the Contest, or acting in violation of these Official Rules or applicable law.
Sponsor’s Grant of Rights: SPONSOR hereby grants to Participant revocable permission to use images submitted to the “Smack Your Senses” Facebook Cover Photo Contest solely in connection with this Contest and for no other purpose. SPONSOR may withdraw the foregoing permission to use any Corner Bakery Cafe image at any time and for any reason. Participant agrees to promptly delete or remove any Corner Bakery Cafe contest hashtag (including but not limited to: #cornerbakery, #cornerbakerycafe, #smackyoursenses) from Participant's photograph.
Prizes: There are exactly six (6) prizes total available to be won in the Contest as follows:
- Six (6) prizes will be awarded to Participants whose photos were selected by the contest Judges each week of the Contest Period. Each prize consists of having their photo included in our Facebook cover image for one week and $15 in “Be Our Guest” certificates, which are valid for any food or drink at participating Corner Bakery Cafes. The total ARV of each prize is $15.00 USD.
The total ARV of all prizes is approximately $120.00 USD. Prizes will be delivered only to an address in the United States and Canada.
Prize Notification: The winners will be selected and notified on Friday of each week during the Contest Period via Instagram, Twitter or Facebook, depending on the submission method. SPONSOR is not responsible for communication problems of any kind. If, despite reasonable efforts, a potential winner does not respond within seven (7) days of the first notification attempt (or such shorter time as exigencies may require), or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected.
Winner Selection: At the end of each week of the Contest Period, a panel of judges (“Judges”) designated by SPONSOR in its sole discretion, will judge all Submissions based on their sole discretion using the following criteria: Tasty, Smack-a-bility, and Focus on the Food. Judges’ decision will be final and binding. The judges will select one (1) winner each week whose image submission will be included in Corner Bakery Cafe’s Facebook Cover Image for the duration of one (1) week.
Odds: The odds of winning depend upon the number of eligible Submissions received. SPONSOR cannot accurately predict the number of Participants who will participate in the Contest.
General Terms: Participants assume all risk of loss, damage, destruction, delay or misdirection of materials/mail/email submitted to SPONSOR. Participants agree to these Official Rules and to all decisions of SPONSOR, or its designated agent, which are final and legally binding in all respects, and further agree that all prizes are awarded upon the condition that the Contest Entities or any of their respective parent companies, subsidiaries, officers, directors, partners, principals, partnerships, employees or agents shall have no liability whatsoever and shall be held harmless for any injuries, losses, or damages of any kind to persons or property, including death, sustained, in whole or in part, directly or indirectly, in connection with or resulting from acceptance, possession or use/misuse of any prize, or participation in this Contest or participation in any Contest-related activities and further acknowledge that said parties have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to any prize, including but not limited to its merchantability, quality, mechanical condition or fitness for a particular purpose.
SPONSOR reserves the right, in its sole discretion, without prior notice and at any time, to cancel, terminate or suspend this Contest, or any portion thereof, should virus, bugs, non-authorized human intervention or other causes beyond the control of SPONSOR corrupt or impair the administration, integrity or security of the Contest (including but not limited to attempts to hack into or otherwise tamper with underlying source code/programming of the Website). The Contest Entities and their respective parent companies, subsidiaries, officers, directors, partners, principals, partnerships, employees or agents are not responsible for hardware or software failures of any kind, traffic congestion on the Internet or at any website or any combination thereof, lost network connections, incomplete, garbled or delayed computer transmissions, whether caused by SPONSOR, users or by any of the equipment or programming associated with or utilized in the Contest or by technical or human error which may occur and/or which may damage a user’s system or limit a Participant's ability to participate and/or redeem prizes in the Contest. SPONSOR reserves the right at its sole discretion, to disqualify any individual who tampers with the Contest, violates these Official Rules or otherwise engages in fraudulent or offensive conduct with respect to this Contest. Caution: Any attempt to deliberately damage any website or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, SPONSOR reserves the right to seek damages from any such Participants to the fullest extent of the law.
By accepting prizes, winners agree that SPONSOR may use each winner's Submission, name, and/or biographical information, without limitation, for promotional purposes without further consideration or payment, where permitted by law. All expenses not specified herein are the winners’ responsibility. Taxes on and in connection with all prizes are the sole responsibility of each winner; SPONSOR or its designated agent may issue an IRS Tax Form 1099 to the winners for prizes with an ARV of $600 or more. Prizes are not transferable. Prizes are awarded “as is” with no warranty or guarantee express or implied. SPONSOR disclaims all and any liability for the actual provision, quality or nature of any third party product or service accepted by the winners.
No prize, cash or other substitutions allowed except at SPONSOR’S sole discretion or as otherwise provided herein. SPONSOR reserves the right to substitute a prize of equal or greater value if an advertised prize becomes unavailable. SPONSOR’S failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Should any provision of these Official Rules be deemed unenforceable or invalid, the other provisions of these Official Rules shall remain in full force and effect. In the event that this Contest is challenged by any legal or regulatory authority (including but not limited to any federal or state governmental authority), SPONSOR reserves the right to discontinue or modify the Contest, as applicable, or to disqualify any Participants residing in any affected geographic areas, as applicable. In such event, SPONSOR shall have no liability to any Participants who are disqualified due to such an action.
Dispute Resolution: Except where prohibited, by participating Contest Participants agree that: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant(s) and SPONSOR and its agents shall be governed by and construed exclusively in accordance with the laws of the State of Texas without giving effect to any principles of conflicts of law of any jurisdiction. Participant agrees that any action at law or in equity arising out of or relating to this Contest, or awarding of the prizes, shall be filed only in the state or federal courts located in the State of Texas and Participant hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action. Except where prohibited, by participating in this Contest, Participant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or awarding of the prizes, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Contest but in no event attorneys' fees; and (c) under no circumstances will any participant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you.
Request for Names of Prize Winners and Official Rules: For the name of the Corner Bakery Cafe “Smack Your Senses” Contest Winners and/or Official Rules, send a self-addressed stamped envelope to: Corner Bakery Cafe “Smack Your Senses” Contest Winners, 12700 Park Central Drive, Suite 1300, Dallas, TX 75251. All requests for a copy of the Official Rules and the names of prize winners must be made by November 30. Please note on the front left-hand corner of your outer envelope whether you are requesting “Official Rules” or “Prize Winners.”
SPONSOR: This contest is sponsored by CBC Restaurant Corp., having a place of business at 12700 Park Central Drive, Suite 1300, Dallas TX, 75251.