SHURTECH BRANDS, LLC
2015 “FROGTAPE® BRAND PAINTER’S TAPE EARN YOUR STRIPES ® CONTEST” OFFICIAL RULES
These official rules (“Official Rules” or “Rules”) govern the ShurTech Brands, LLC 2015 “ FROGTAPE® BRAND PAINTER’S TAPE EARY YOUR STRIPES® CONTEST” (“Contest”). The act of entering the Contest constitutes acceptance of the Rules as contained herein and of the decisions of ShurTech Brands, LLC, which are final and binding in all respects. A copy of these Official Rules may also be found at www.earnyourstripescontest.com.
1. Sponsor. Sponsored by ShurTech Brands, LLC, 32150 Just Imagine Drive, Avon, Ohio 44011-1355 (“Sponsor”).
2. Eligibility. The Contest is open to any participant who meets the following requirements at the time of entry (an “Eligible Participant”): (i) legal resident of (and is physically located or resides in) the United States or District of Columbia, (excluding Maryland, Colorado, Puerto Rico and all U.S. territories and possessions), or is a legal resident of (and is physically located or resides in) Canada (excluding the Province of Quebec); and is (ii) 18 years of age or older. Anyone who was designated as a Finalist in a previous FrogTape® Brand Painter’s Tape Earn Your Stripes® Contest is not eligible to participate in this Contest. Void where prohibited. The following person are ineligible to enter: Employees, directors and officers (and their immediate families including spouse, parents, children, siblings, and their respective spouses), and their respective household members (whether related or not), of Sponsor, its affiliates, subsidiaries, divisions, advertising and promotion agencies, and all others associated with the design, execution, production, development, and promotion of this Contest. Any content generated from Sponsor’s paid partners, sponsored blogs and/or sponsored social media posts is not eligible.
3. Timing. The Contest begins at 12:00:00 AM Eastern Daylight Time (“ET”) on April 1, 2015, and ends at 11:59:59 AM ET on August 5, 2015 (the “Contest Period”). Eligible Participants will have the opportunity to submit their entry in the Contest from 12:00:00 AM ET on April 1, 2015through 11:59:59 PM ET on July 1, 2015 (the “Entry Period”). Each entry will be scored by a panel of judges from July 2, 2015 through July 10, 2015 (the “Judging Period”) and the top-scoring entries (the “Finalists”) will move on to Community Voting (as defined below) which will run from 12:00:00 AM ET on July 13, 2015 through 11:59:59 PM ET on August 3, 2015 (the “Voting Period”). The Finalist entries are eligible to win one of three (3) grand prizes. All components of each entry must be submitted online in accordance with these Official Rules and received by 11:59:59 PM ET on July 1, 2015 in order to be eligible.
4. How to Enter. Eligible Participants (the “Entrant”) must submit photographs/descriptions of their painting project and may enter the Contest through the FrogTape® brand painter’s tape website at www.earnyourstripescontest.com. Entrant will be asked to submit the following: (A) (i) at least one, high-resolution color photograph (professional or amateur) of the interior painting project before they begin, (ii) at least one, high-resolution color photograph (professional or amateur) of the painting project during the design process. This photograph must contain a visible placement of FrogTape® brand painter’s tape within the photograph., and (iii) at least one, high-resolution color photograph (professional or amateur) of the completed painting project. NOTE: All photographs submitted must be free of all personally identifiable objects or details, trademarks, copyrights, logos and/or characters. Image size may not exceed 5MB; (B) Entrant’s contact information and project description; and (C) a photographer release form if the photo submission is professional (to be obtained from the photographer and uploaded with entry) (collectively the “Contest Entry” or “Contest Entries” as applicable). Entrants must acknowledge that they have read and agree to the Official Rules by checking the box that appears on the entry form. Contest Entries must be in the English language. All components of each Contest Entry must be submitted online in accordance with these Official Rules and received by 11:59:59 PM ET on July 1, 2015 in order to be eligible. Online Contest Entry only. No other method of Contest Entry will be accepted.
When a Contest Entry is received, the Entrant(s) will be notified via email. After a moderation period, the Entrant(s) will receive an email notification that the submission has been accepted or denied. Please do not call or email Sponsor until three weeks after submitting a Contest Entry. Online viewing of the Contest Entries will begin upon receipt and acceptance of the first Contest Entry, and will be posted indefinitely or at the Sponsor’s sole discretion.
By participating in the Contest, Entrants are providing information to ShurTech Brands, LLC, not to any website providers (“Providers”). Entrants hereby release Providers from any and all liability in connection with the Contest. Entrants also acknowledge that the Contest is in no way sponsored, endorsed or administered by, or associated with any Providers.
5. Judging. During the Judging Period, all eligible Contest Entries will be judged by a panel of expert judges (the “Judges”) based on the following criteria: (i) Workmanship (includes quality, neatness and attention to detail) – 50%;(ii) Originality (includes uniqueness, inventiveness and original thought of the project design) – 35%; (iii) Complexity (includes creativity and use of FrogTape® in accentuating and completing the project design) - 15%. The panel of Judges will be selected by the Sponsor in its sole discretion. Based on the Judges' scores, and as determined by Sponsor, up to a maximum of six (6) top-scoring Contest Entries will be declared finalists ( each a “Finalist”, together the “Finalists”) and will move on to the Community Voting Period. In the event of a tie in the Couples Category, the Contest Entries involved in the tie will be reviewed by an additional Judge who will serve as a tiebreaker and who will evaluate entries according to the judging criteria listed above. Decision of Judges is final and binding on all matters relating to this Contest. Finalists will be determined on or about July 10, 2015. Becoming a Finalist is subject to validation and verification of eligibility and compliance with all terms and conditions set forth in these Official Rules.
6. Finalist and Winner Notification. Finalists will be notified on or about July 13, 2015 and all winners will be notified on or about August 5, 2015 by U.S. mail and/or overnight mail and/or Email and/or telephone using the contact information provided at the time of entry. Finalists and all winners may be required to provide copies of Intellectual Property (IP) Releases (if applicable) and will be required to sign an affidavit/declaration of eligibility and liability release and, where legal, a publicity release. Finalists and all winners who are U.S. residents will be required to sign a federal and state tax release, and return same, properly executed, within 48 hours via fax and within five (5) days of issuance of notification via regular U.S. Mail. Failure to return any or all documents fully-executed within the specified time period, or if any notification is returned as undeliverable, will result in disqualification and a runner-up may be selected, time permitting.
7. Community Voting. All eligible Contest Entries will appear on the Contest Voting Site (the “Voting Site”) accessible at www.earnyourstripescontest.com either as a Finalist. During the Voting Period, members of the online community, Finalists, and Entrants who wish to vote for a Finalist must first register to vote by logging in to the Voting Site and provide their Email address prior to voting (the “Eligible Voters”). Eligible Voters may vote for the Finalist of their choice. Voting is limited to one (1) vote per email address per day. A day is defined as 12:00:00 AM to 11:59:59 PM. Subsequent votes submitted per email address per day will be void. The entry of each Finalist, as-is or as may be edited by Sponsor, will be posted and made publicly available on the Voting Site. Votes may only be submitted online. All votes must be received between 12:00:00 AM ET on July 13, 2015 and 11:59:59 PM ET on August 3, 2015 to be valid. If any Finalist or Entrant is found to be soliciting votes in return for a purchase or payment of any kind, that Finalist or Entrant will be disqualified at the Sponsor’s sole discretion. Finalists and Entrants are prohibited from obtaining votes by any fraudulent or inappropriate means or practices, including, without limitation, offering prizes, payments or other inducements, to members of the public and/or using any websites designed to induce individuals or provide other incentives to vote for their entry, as determined by Sponsor in its sole discretion. Use of script, macro or any automated system or practice to vote or with the intent to impair the integrity of the voting process is prohibited and all such votes will be void.
8. Determination of Winners. Upon the close of the Voting Period, Sponsor will tally the online votes. Sponsor reserves the right to disregard any votes it reasonably deems ineligible or fraudulent. For determining the Finalist winners, the Sponsor will rank the Finalists 1-6 based on the greatest number of valid votes received by each Finalist, one (1) being the Finalist with the greatest number of valid votes and ten (10) being the Finalist with the least number of valid votes. The Finalists will then be re-scored by the Judges. The Judges scores, accounting for 60% of the overall score, will be combined with the ranking from the Voting Period, accounting for 40% of the overall score, to determine the final overall score (the “Final Score”) of each Finalist. The three (3) Finalists that receive the highest Final Scores will be awarded the top three (3) prizes. The Finalist receiving the highest Final Score will be awarded the first place prize, the Finalist receiving the second highest Final Score will be awarded the second place prize, and the Finalist receiving the third highest Final Score will be awarded the third place prize. Winning is subject to validation and verification of eligibility and compliance with all terms and conditions set forth in the Official Rules. Winners will be notified via U.S. mail and/or overnight mail and/or email and/or telephone on or about August 5, 2015.
9. Prizes. One (1) First Place Prize consisting of a check in the amount of $5,000 will be awarded to the Entrant of the First Place Prize winning Finalist. One (1) Second Place Prize consisting of a check in the amount of $2,500 will be awarded to the Entrant of the Second Place Prize winning Finalist. One (1) Third Place Prize consisting of a check in the amount of $1,000 will be awarded to the Entrant of the Third Place Prize winning Finalist. Total Average Retail Value of all prizes: $8,500. ARV of all prizes is reflected in U.S. Dollars.
All taxes and any other costs not specifically stated within these Official Rules are the sole responsibility of the winners. Prizes may not be transferred, substituted or redeemed for cash, except at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize of equal or greater value if advertised prize is unavailable at the time the prize is awarded. All prizes claimed will be awarded. Allow 6-8 weeks for delivery of a prize. Limit one prize per person/Email address. If a U.S. resident, First, Second and Third Place winners must supply Sponsor with his/her social security number for tax purposes and winner will receive an IRS Form 1099 from the Sponsor for the ARV of the prizes stated above for the calendar year won.
10. General Entry Conditions. LIMIT ONE CONTEST ENTRY PER PERSON/EMAIL ADDRESS DURING THE ENTRY PERIOD. Subsequent submissions made by the same person/email address will not be considered. LIMIT ONE CONTEST ENTRY PER PROJECT. Submissions submitted for the same project by multiple people/email addresses will not be considered. Only the first submission received for a specific project will be considered.
If a dispute results as to the identity of an online Entrant, it will be determined that the online Entry was submitted by the authorized account holder of the email address from which the entry is made. For these purposes, the authorized account holder is the natural person assigned to an email address by an Internet access provider, on-line service provider or other organization responsible for assigning email addresses or the domain associated with the submitted email address. The promotional website’s database clock will be the official timekeeping device for the Contest.
By submitting a photograph, a participant hereby acknowledges that they own or have secured all rights to use, publish and copyright the photograph. Photographs must be of good quality. Modifying, enhancing, retouching or altering any photographs provided in connection with this Contest in any way may disqualify the Contest Entry, at the sole discretion of the Sponsor. An Entrant may be required to provide a release to the Sponsor for the submitted photograph, at the Sponsor’s sole discretion. If a photograph is taken by another party (Photographer), Entrant to the Contest must receive permission from the Photographer to submit the selected photograph in the Contest.
Entrants to the Contest may use the Sponsor’s name, logo and product in their Contest Entry.
Incomplete Contest Entries or Contest Entries not complying with these Official Rules are subject to disqualification. Contest Entries that have been generated by a script, macro, bot or any other automated means will be deemed void. Sponsor is not responsible for late, lost, incomplete, illegible, damaged, or misdirected Contest Entries. Sponsor’s decisions are final on all matters relating to this Contest.
11. Content Restrictions. The Contest Entry must be in keeping with the Sponsor’s image, and may not be offensive, nor can it defame, or invade upon the publicity rights or privacy of any person or otherwise infringe upon any person or entity’s intellectual property, personal or proprietary rights, as determined by Sponsor and the Contest judges in their sole discretion. Sponsor reserves the right, at its sole discretion, to remove any contest entry posted to the website that the Sponsor feels is inappropriate, objectionable and/or inconsistent with the positive image and/or good will it wishes to promote in this contest. If Contest Entry is removed from the website by Sponsor, Contest Entry may be automatically disqualified at Sponsor's sole discretion.
All eligible participants acknowledge and agree that all Contest Entry materials submitted in connection with this Contest are submitted on a non-confidential and non-proprietary basis and may be used by Sponsor, its agents and subsidiaries, for advertising and promotion purposes including, without limitation, in connection with the promotional website and online community voting site described herein. Each Entrant to the Contest must either (i) be the sole and exclusive owner of all rights (including, without limitation, all intellectual property rights) in and to all content and elements incorporated into or used in the Contest Entry; or (ii) have the express written permission to use such content and elements from the owner(s) of the rights to such content and elements. Any Entrant whose Contest Entry includes likenesses of third parties or contains content or elements not owned by the Entrant (such as, but not limited to, use of songs, proprietary names, trademarks, or logos) must be able to provide written legal releases (in a form that is satisfactory to Sponsor and the judges) that permit the Entrant to use and exploit such content and elements in the manner used and exploited and that permit Sponsor’s right to use and exploit the content and materials in accordance with these Official Rules (“IP Releases”) before the Contest Entry can be eligible to be declared a Finalist or winner. Any Entrant whose Contest Entry includes a painter’s tape other than FrogTape® brand painter’s tape will not be eligible.
Contest Entry shall not include, individuals who are: 1) represented under a contract (e.g., by a talent agent or manager) that would limit or impair Sponsor's ability to display the Contest Entry as permitted by these Official Rules; 2) subject to a contract that would make such individual's appearance in the photograph a violation of any third-party rights; or 3) under any other contractual relationship, including but not limited to guild and/or union memberships, that may prevent Sponsor from being able to use the photograph worldwide in all media in perpetuity on a royalty-free basis, without payment or fee obligations. In the event the likeness of a minor is included in a Contest Entry, Entrant must provide a legal release from the parent/legal guardian of the minor depicted in the Contest Entry.
12. Grant of License. By entering the Contest, Entrant grants Sponsor, its agents, subsidiaries and affiliates (the “Licensees”) a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, database rights and any other rights Entrant has in the Contest Entry, in any media now known or hereafter devised (including without limitation, the internet), without any compensation. Further, by entering the Contest, Entrant grants Licensees the additional license to modify, adapt, translate, create derivative works from, and distribute the entry (with the understanding that Licensees are under no obligation to do so), or incorporate the entry into any form, medium or technology, including the right, at each Licensee’s sole discretion, to publish the entry and to use the entry for advertising and promotional purposes. Licensees shall not be required to designate Entrant as the creator or author of entry that is distributed or otherwise exploited by Licensees, or include any references to Entrant on, or in connection with, any entry that is distributed or otherwise exploited by Licensees.
By submitting a Contest Entry, Entrant acknowledges and agrees that Sponsor may obtain many Contest Entries in connection with this Contest and/or other contests staged and/or promoted by the Sponsor, and that such Contest Entries may be similar or identical in theme, idea, format or other respects to other Contest Entries submitted in connection with this Contest and/or other contests sponsored by the Sponsor or submitted for other reasons or other materials developed by the Sponsor. Entrant waives any and all claims Entrant may have had, may have, and/or may have in the future, that any Contest Entry and/or other works accepted, reviewed and/or used by the Entrant may be similar to his/her Contest Entry, or that any compensation is due to Entrant in connection with such Contest Entry or other works used by Sponsor. By submitting a Contest Entry, Entrant hereby grants permission for the Contest Entry to be posted on the Voting Site, www.stuckatprom.com or other websites. Contest Entrant agrees that Sponsor is not responsible for any unauthorized use of Contest Entries by third parties. Sponsor does not guarantee the posting of any Contest Entry.
13. Representations and Warranties. Each Eligible Participant represents and warrants that: (i) the Contest Entry complies with these Official Rules; (ii) the Contest Entry is original and has not previously won any award or Contest; (iii) the Contest Entry does not and will not infringe any third party’s copyright, patent, trademark, trade secret or other intellectual property or proprietary rights or rights of publicity or privacy; (iv) that the Contest Entry is not the subject of any actual or threatened litigation or claim; (v) the Contest Entry is not obscene, offensive, libelous, pornographic, threatening, abusive, contain illegal content, or otherwise objectionable; (vi) the Contest Entry does not encourage a criminal offense or otherwise give rise to liability or violate any law; (vii) the Contest Entry does not display any logos or trademarks not owned by the Entrant (except the FrogTape® brand painter’s tape trademark); (viii) the Contest Entry does not include any disparaging remarks relating to the Sponsor or any third party. Entrant acknowledges that nothing herein shall constitute an employment, joint venture, or partnership relationship between Entrant and Sponsor. In no way is Entrant to be construed as the agent or to be acting as the agent of Sponsor in any respect.
14. No Liability & Indemnification. ENTRANTS HEREBY AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR AND EACH OF THEIR AFFILIATES, SUBSIDIARIES, DIVISIONS, ADVERTISING AND PROMOTION AGENCIES, EMPLOYEES, OFFICERS, DIRECTORS AND SHAREHOLDERS. (COLLECTIVELY, THE “RELEASEES”) FROM ANY CLAIMS, ACTIONS, INJURY, LOSS OR DAMAGE OF ANY KIND, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH, RESULTING FROM PARTICIPATING IN THIS CONTEST, OR FROM THE ACCEPTANCE, POSSESSION, OR USE OR MISUSE OF ANY PRIZE AWARDED OR PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY. THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OF DAMAGE TO PROPERTY; AND CLAIMS OF THIRD PARTIES. PARTICIPANTS AGREE THAT SPONSOR HAS NOT MADE NOR IS IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, STATUTORY, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE), IN FACT OR IN LAW, RELATIVE TO THE CONTEST OR ANY PRIZES AWARDED HEREIN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SPONSOR DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO SPONSOR'S WEBSITE AND SPONSOR SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATED THERETO. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS. THE PROVISIONS REGARDING IMPLIED WARRANTIES ARE VOID IN SOME JURISDICTIONS WHERE IMPLIED WARRANTIES ARE PRESCRIBED BY LAW.
Releasees are not responsible for lost, late, illegible, damaged or stolen entries or submissions, or problems of any kind, whether mechanical, human or electronic. Releasees are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, inability to access a website or submit an entry, vote, fraud, incomplete, garbled, or delayed computer transmissions or inaccurate transcription of entry information, whether caused by the Sponsor, users or by any of the equipment or programming associated with or utilized in this Contest or by any technical or human error which may occur in the processing of submissions which may damage a user’s system or limit a participant’s ability to participate in the Contest. Entry materials or votes that have been tampered with or altered are void. Sponsor reserves the right, in its sole discretion, to cancel or suspend part or all of this Contest at any time without notice, if in the judges’ opinion there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if virus, bugs, non-authorized human intervention or other causes corrupt or impair the administration, security, fairness or integrity and proper play of the Contest. In such event, Sponsor may void any entries they suspect are at issue and award prizes from among all eligible entries/votes received up to the date of cancellation.
ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY ONLINE SERVICE RELATED TO THIS CONTEST OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
Sponsor’s failure to enforce any term of these Rules shall not constitute a waiver of that or any other provision. Sponsor reserves the right to disqualify Entrants who violate the Rules or interfere with this Contest in any manner. If an Entrant is disqualified, Sponsor reserves the right to terminate that Entrant’s eligibility to participate in this Contest and/or future Contests.
16. Disputes. Except where prohibited, 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 Ohio, without giving effect to any choice of law or conflict of law rules (whether of the State of Ohio, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Ohio.
17. Request for Names of Prize Winners and Official Rules. For a list of Winners and/or a copy of these Official Rules, send a self-addressed stamped envelope to: ShurTech Brands, LLC, 32150 Just Imagine Drive, Avon, OH 44011. All requests for a copy of the Official Rules and the names of Prize Winners must be made by September 5, 2015. Residents of Canada may omit return postage. Please note on the front left-hand corner of your outer envelope whether you are requesting “Official Rules” or “Prize Winners.”