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Collect Local Coasters Contest

2018 Official Terms and Conditions of Participation

The 2018 Collect Flavors of Local Coasters Contest is open April 3 through 30, 2018. Collect all eleven (11) Biscuitvilel local coasters, post a photo of all eleven on Facebook or Instagram, tag Biscuitville and use the hashtag #BvilleContest to complete the photo entry. Five (5) winners will be selected to win one of five local vendor gift baskets. Winners to be notified after May 1, 2018.

 

COLLECT FLAVORS OF FLAVORS OF LOCAL COASTERS

Photo Contest Official Terms and Conditions of Participation

 

1.         ELIGIBILITY: NO PURCHASE NECESSARY TO ENTER OR CLAIM PRIZE.  MAKING A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. Subject to the terms and conditions set forth herein, Biscuitville’s Collect Flavors of Local Coasters 2018 Contest (the “Contest”) is open to legal residents of the United States residing in North Carolina and Virginia who are at least 16 years of age at the time of entry. If a Minor submits an Entry himself or herself, the Entry will be considered like any other Entry but the Minor will be eligible to win only if a parent or legal guardian signs all required documents and releases.  With respect to 16- and 17-year-olds, all references to entrants, participants, and “you” in these rules includes the 16- or 17-year-old and such minor’s parent or legal guardian on their own behalf and on behalf of the minor.  Officers, directors, employees, and their immediate family members, of Biscuitville, Inc. (“Sponsor”) or of Sponsor’s parent, subsidiary or affiliated companies are ineligible to participate. (Sponsor and its affiliated, parent, and subsidiary companies, and the respective shareholders, directors, officers, employees, members, successors, agents and assigns of the foregoing are referred to collectively herein as the “Released Parties”.) The Contest is governed by applicable U.S. and North Carolina law, is subject to these official terms and conditions (the “Rules”), all applicable federal, state and local laws and regulations, and is void where prohibited. By entering the Contest, each entrant represents and warrants to the Sponsor that he or she meets all of the eligibility criteria set forth herein. The Sponsor may reject or disqualify any Entry at any time if it determines or suspects, in its sole and absolute discretion, that a participant may be ineligible or may otherwise be in violation of applicable law or these Contest Rules. 

 

2.         HOW TO ENTER and HOW TO WIN: To enter, you must first collect all eleven coasters distributed by local participating Biscuitville restaurant locations.  To obtain a coaster, visit a participating Biscuitville restaurant and make a purchase or request one free coaster.  Limit one coaster per person per visit. Coasters available at each location only while supplies last.  You must feature all eleven of the different Biscuitville coasters in your photo in order to participate. To enter, publicly post on Instagram or Facebook an image or photo (“photo”) that shows all eleven different collected Flavors of Local Coasters, and tag the photo with the hashtag #BvilleContest (each such public posting is an “Entry”) by 11:59 p.m. Eastern Time on April 30, 2018.  The photo may contain solely the eleven different Flavors of Local Coasters or the photo may contain your eleven collected Flavors of Local Coasters among other elements, including people; we want you to be creative with your photo!  Posts that cannot be identified by a public search of #BvilleContest do not qualify as Entries. By submitting an Entry, you agree to comply with these official Rules.

 

To be eligible, each local coaster photo must feature all eleven Flavors of Local Coasters and must also meet the following criteria: (1) Photo design and photos must be deemed family friendly, in the sole discretion of Sponsor. (2) No personally identifiable information for any human person under the age of 18 shall be included in the photo, except that if you are the entrant and you are 16 or 17, you may include yourself in the image. (3) You will only contribute artwork and photos that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. (4) By entering, you grant permission for Released Parties to receive and display the photo, including the right to collect or aggregate and store and display the photo in a virtual “album” or other collection of images. (5) You warrant that you have permission from any and all persons appearing in your artwork and photo for you to make the submission and grant the rights described herein. (6) You shall not contribute photos that contain expressions of hate, abuse, offensive images or conduct, animal cruelty, lewd, indecent, pornographic, or obscene content, or that contains expressions of hate, malice, racism, misogyny, or is otherwise distasteful or inappropriate or any material that could give rise to any civil or criminal liability under applicable law or regulations. (7) You shall not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Contest, any computer software, or any website, app, computer, or other device. (8) By uploading a photo, (a) you grant—or, if you are 16 or 17 years of age, your parent or legal guardian for themselves and on your behalf grants—to Sponsor and other Released Parties a perpetual, nonexclusive, worldwide, royalty free license to use, copy, print, display, store, maintain, reproduce, modify, publish, post, transmit and distribute (“Use”) the photo and any material included in such photo on the Internet, on digital platforms, on television, in print, and in, on, or through all other media now known or hereafter developed throughout the world and universe; and (b) you certify—or, if you are 16 or 17 years of age, your parent or legal guardian for themselves and on your behalf certifies—that any and all person(s) pictured in the photograph authorizes Sponsor and Released Parties to Use the photo and any material included in such photo on the Internet, on digital platforms, on television, in print, and in, on, or through all other media now known or hereafter developed throughout the world and universe; and (c) you agree—or, if you are 16 or 17 years of age, your parent or legal guardian for themselves and on your behalf agrees—to indemnify Sponsor, Released Parties, Facebook, Instagram and each of their affiliates, directors, shareholders, officers and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from Use of the photo and/or your failure to comply with these rules.

 

Photos that are initially displayed with the required #BvilleContest hashtag and are later determined, in Sponsor’s sole discretion, not to be eligible will be disqualified, and each Entrant agrees to remove from public view any such photo that Sponsor directs Entrant to remove from Facebook, Instagram, and any other location or platform where such photo is posted, displayed, or stored. Sponsor may not verify receipt of entries.  Sponsor is not responsible for entries that are lost, late, misdirected, incomplete, incomprehensible, illegible, damaged, corrupted, undeliverable or delayed.  Entries generated by any automated means and detected as such are void. Sponsor reserves the right to disqualify or require removal any photo submission that infringes or appears, in Sponsor’s sole discretion, to infringe another party’s intellectual property rights or fails to honor any criterion set forth in these rules.  Sponsor grants members of the public a license to reproduce the coasters (and the artwork comprising the coasters) only for the limited purpose of photographing and posting the photo as part of this Contest.  Sponsor grants no other rights, permissions, or license with respect to any other use whatsoever of the coasters and the artwork comprising the coasters and specifically reserves all rights with respect to the coasters and the artwork comprising the coasters.

 

The Contest Entry period is scheduled to begin April 3 and end at 11:59 p.m. Eastern Time on April 30, 2018, and Sponsor reserves the right, in its sole discretion, to extend it or shorten it based on the number of Entries and public response.  Limit one Entry per person per Instagram and Facebook account per Entry period.  Duplicate entries, if detected, may be disqualified.  Entries that appear to Sponsor, in its sole discretion, to have been submitted by one entrant using multiple accounts in any Entry period may be disqualified in Sponsor’s sole discretion. All times referred to in these Rules are Eastern Time, and all times shall be determined by Sponsor. 

 

Five (5) Contest winners will be selected and announced by Sponsor on or around May 1, 2018. Winner selection will be based on input from a group of executives and/or employees of Sponsor (“Judges”).  Judges will select the five (5) Contest winners based on their subjective judgment of how the photo represents the Biscuitville brand, how the entrant incorporated the eleven collected Flavors of Local Coasters into the design and photo, and how compelling the content of the photo is.  Decisions of Judges are final and not subject to appeal.  Sponsor reserves the right to select and announce more than five (5) or fewer than five (5) Contest winners in the event that the Judges determine there are more or fewer than five (5) Entries worthy of winner status. 

 

3.         PRIZES and ODDS OF WINNING: A total of five (5) prizes will be offered.  Each prize will be one (1) Biscuitville local vendor gift basket valued at $100. Gift basket may include vendor giveaways, including Pepsi products and giveaways, one can or bottle of Cheerwine® soda, one jar of Cackalacky® Cheerwine® Sweet Sauce and other Cackalacky® giveaways, additional Biscuitville vendor partner products and giveaways.  costs, fees, taxes, etc., not specifically described as part of the prize are solely the responsibility of each winner. Prizes cannot be substituted by the prize recipient. Sponsor may substitute a prize or component of equal or greater value in its sole discretion. Each winner is solely responsible for all federal, state and local taxes associated with the acceptance of the prize. Unclaimed, forfeited, and rejected prizes will not be awarded. Because the winner will be selected as describe above, there are no “odds of winning.”

 

4.         PRIZE NOTIFICATION and REDEMPTION: The Sponsor will notify the selected winners on or around the date of the winner’s selection, by messaging the selected winner via Instagram or Facebook or by using the winner’s Instagram or Facebook handle.  Each winner must respond by following the instructions provided in the winner notification within seven days to claim prize.  Failure to timely respond or follow instructions may result in forfeiture of the prize, in Sponsor’s sole discretion.  If a winner has not complied or does not comply with these Rules or is determined by Sponsor to be ineligible, then such person may be disqualified in Sponsor’s sole discretion and Sponsor may, in its sole discretion, select a new winner.

 

Each winner is subject to verification at the sole discretion of the Sponsor and may be required by Sponsor to produce valid, government-issued photo identification. At Sponsor’s sole discretion, a winner—or, if the winner is 16 or 17 years of age, the winner’s parent or legal guardian—may be required to complete and return contest forms such as releases, IRS W-2, affidavit of eligibility, etc. in order for Sponsor to fulfill prize.  Sponsor shall have the option, in its sole discretion, to require a winner to claim his/her prize in person or to send the respective prize to the winner via postal mail or other delivery agent or service. The Released Parties are not responsible for lost, late, stolen, misdirected, delayed or damaged prizes. The respective intended prize recipient shall bear all risk of loss or damage to his/her prize after it has been directed to such intended recipient via postal mail or other delivery agent or service.

 

5.         PUBLICITY RELEASE: Except where prohibited, entry in the Contest constitutes each entrant’s authorization for and consent to Released Parties and their respective agents and licensees to use, publish, reproduce and for all purposes, including publicity, promotion, merchandising, and advertising, in any media (including without limitation, the Internet, television, radio, or offline, whether now known or developed in the future), each entrant’s name, city, photograph, likeness, biographical material, voice, and image, each in perpetuity without further compensation, credit or right of review or approval.  By accepting a prize or participating in prize-related activities, each winner consents to and authorizes Released Parties to use, publish, reproduce and for all purposes, including publicity, promotion, merchandising, and advertising, in any media (including without limitation, the Internet, television, radio, or offline, whether now known or developed in the future), each winner’s name, city, photograph, likeness, biographical material, voice, and image, each in perpetuity without further compensation, credit or right of review or approval.   

 

6.         TERMS AND CONDITIONS; LIMITATION OF LIABILITY:  Participants are responsible for complying with all applicable federal, state, and local laws and regulations and with these Rules, and by entering, participants agree to be bound to these Rules. Any attempt by an entrant or other party to tamper with the proper administration of the Contest will disqualify the entrant and may result in civil or criminal action against the entrant or other party and may result in the discontinuation, suspension, or cancellation of the Contest. WINNERS AND ENTRANTS EACH AGREE, EXCEPT WHERE PROHIBITED BY LAW, TO RELEASE AND DISCHARGE, HOLD HARMLESS AND INDEMNIFY THE RELEASED PARTIES, FACEBOOK, INSTAGRAM, AND ANY PARTY ASSOCIATED WITH THE DEVELOPMENT AND EXECUTION OF THIS CONTEST, FROM ANY AND ALL TAX LIABILITY THAT MAY BE IMPOSED OR ASSOCIATED WITH RECEIPT OR USE OF ANY PRIZE, AND FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, PROCEEDINGS, AND LIABILITY FOR ANY DAMAGES, EXPENSES, FEES, INJURY OR LOSSES (INCLUDING PERSONAL INJURY OR DEATH OF ENTRANT, WINNER) SUSTAINED IN CONNECTION WITH THE RECEIPT, OWNERSHIP, OR USE/MISUSE OF ANY PRIZE OR WHILE TRAVELING TO, PREPARING FOR, OR PARTICIPATING IN ANY CONTEST-RELATED OR PRIZE-RELATED ACTIVITY. Released Parties are not responsible for any printing, typographical, mechanical or other error in the printing of the offer, administration of the Contest or in the announcement of prizes or winners. Prize recipient may be required, at Sponsor’s discretion, to execute a liability and publicity release prior to the prize recipient’s receipt of any prize. Sponsor retains the discretion to make all decisions regarding the interpretation and application of these Rules. All decisions of Sponsor are final and discretionary. In the event the selected prize recipients are/is ineligible or refuse(s) a prize, the prize will be forfeited and Sponsor, in its sole discretion, may, time permitting, select alternate prize recipients from remaining entries, or may elect not to award such prize, where permitted. For prizes valued at $600 or greater, prize recipient must provide his or her Social Security Number for tax purposes. Prizes may be considered income, and any and all taxes associated with prizes are the responsibility of the prize recipients. By accepting a prize or participating in this Contest, each winner and/or any participant irrevocably consents to the use of his/her name, likeness, image, voice, performance (in connection with interviews and other recordings), biographical information, comments, feedback, suggestions, writings, ideas and statements relating to the Contest or the Sponsor, without further compensation, in all world-wide marketing, promotion, and publicity carried out in perpetuity by the Sponsor. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE AND OTHER SIMILAR PROVISIONS IN THESE RULES MAY NOT APPLY TO YOU.

 

7.         DISCLAIMER/INTERNET: If, for any reason, the Contest is not capable of running as planned for any reason, including infection by computer virus, bugs, tampering, and unauthorized intervention, fraud, technical failures, acts of God, war, terrorism, government regulation, disaster, fire, strikes, civil disorder, cancellation by Instagram or Facebook, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity of the Contest, the Sponsor reserves the right in its discretion to disqualify any individual it believes has tampered with the entry process, and/or cancel, terminate, modify or suspend the Contest. Sponsor reserves the right to select winners from eligible Entries received as of any such termination date. Sponsor may prohibit an entrant from participating in the Contest if it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception or other unfair playing practices or intending to abuse, threaten or harass other entrants. Caution: Any attempt by a participant to deliberately damage any website or platform 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 participant to the fullest extent of the law. The Released Parties (i) assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries; (ii) are not responsible for any problems or technical malfunction of Instagram or Facebook, any telephone network, internet service, or telecommunications lines, wireless services, computers or other electronic devices or systems, servers, or provider, computer or other equipment, software, failure of any Entry information to be received by the Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any website or on any platform; (iii) are not responsible for any late, misdirected, delayed, incomplete, illegible, lost, garbled, misdelivered Entries, irrespective of the submission method selected by the participant, or (iv) any combination thereof, including any injury or damage to the participant's or any other person’s computer or device related to or resulting from participation or downloading any materials in this Contest. RELEASED PARTIES MAKE NO WARRANTY, GUARANTEE, OR REPRESENTATION OF ANY KIND CONCERNING ANY PRIZE, AND RELEASED PARTIES SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS, AND ANY OTHER IMPLIED WARRANTY.

 

8.         ARBITRATION/CHOICE OF LAW:  EXCEPT WHERE PROHIBITED, EACH ENTRANT AND EACH WINNER AGREES THAT ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF, OR CONNECTED WITH THIS CONTEST, SHALL BE RESOLVED EXCLUSIVELY BY ARBITRATION PURSUANT TO THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION THEN EFFECTIVE, AND ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED BY ENTRANT OR WINNER (AS APPLICABLE) WITH REGARD TO THIS CONTEST, BUT IN NO EVENT ATTORNEYS' FEES, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES.  All issues and questions concerning the construction, validity, interpretation, and enforceability of these official Rules, or the rights and obligations of entrants and Sponsor in connection with the Contest, 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 or provisions (whether of North Carolina or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than North Carolina.  Arbitration in Guilford County, North Carolina, shall be the exclusive forum and venue for any dispute relating to these Rules and for this Contest.  If arbitration is prohibited, then and in such event, the courts of North Carolina in Guilford County shall be the exclusive forum for any dispute relating to these Rules and/or this Contest.  All participants, entrants, guests, and prize recipients agree, by their participation in the Contest or any Contest-related or prize-related activity, to submit to the personal jurisdiction of the courts of North Carolina in Guilford County.  The invalidity or unenforceability of any provision of these Rules shall not affect the invalidity or unenforceability of any other provision so long as the general intent of these Rules remains in effect.  In the event that any such provision is determined to be invalid or otherwise unenforceable, these official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.  Notwithstanding the foregoing, in the event that any release in these Rules is determined by a court of competent jurisdiction to be invalid or void for any reason, the Entrant agrees that, by entering the Contest, (a) 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; (b) 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 attorneys’ fees; and (c) under no circumstances will any entrant, including winners, be permitted to obtain any award for, and each entrant, including each winner, 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.

 

9.         OFFICIAL RULES and WINNERS LIST: For a copy of these official Rules, visit https://biscuitville.com/collect-local-coasters-contest or send a self-addressed stamped envelope to Biscuitville, Inc., Attn: Collect Flavors of Local Coasters Contest 2018 Official Rules, 1414 Yanceyville Street, Suite 300, Greensboro, NC 27405. Any request for a copy of official Rules will not be fulfilled if received by Sponsor more than 7 days after the winner selection date for the Contest. For a list of the winners, please send a self-addressed stamped envelope to Biscuitville, Inc., Attn: Collect Flavors of Local Coasters Contest, 1414 Yanceyville Street, Suite 300, Greensboro, NC 27405. Winner List requests will not be fulfilled if they are received by Sponsor more than 60 days after the winner selection date for the Entry Period. 

 

10.       SPONSOR:  Biscuitville, Inc., 1414 Yanceyville Street, Suite 300, Greensboro, NC 27405, is the sole sponsor of this Contest. The Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram.