OFFICIAL SOCIAL MEDIA CONTEST AND GIVEAWAY RULES
PROOF OF PURCHASE NECESSARY TO WIN. VOID WHERE PROHIBITED. PARTICIPATION IN THE PROMOTION CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE OFFICIAL RULES. Individuals who participate in the Contest or submit an entry are sometimes referred to herein as an “Entrant.”
1. Sponsor: Pelican Ice, LLC, 711 Oxley Street, Kenner, La 70062 (“Sponsor”).
2. Eligibility: Contest is open only to individuals who are at least eighteen (18) years of age on the entry date, who are legal residents of Louisiana, Mississippi, Alabama and the Florida panhandle. Employees, agents, officers, directors, members, managers and owners of Sponsor, the National Football League and their respective member teams are not eligible to participate.
3. Contest Period: The Contest Period is as set forth in the applicable supplement to these Official Rules (the “Rules Supplement”).
4. How to Enter: During the Contest Period (1) visit and “like” the Pelican Ice and Cold Storage Facebook page at www.facebook.com/PelicanIce ; and (2) follow the instructions on how to submit your entry (the “Submission”). Pelican Ice may display all Submissions on the Pelican Ice Facebook page. By uploading your Submission, you agree that your Submission conforms to the Submission Guidelines and Content Restrictions listed below (collectively, the “Guidelines and Restrictions”) and that Pelican Ice, in its sole discretion, may remove your Submission and disqualify you from the Contest if it believes, in its sole discretion, that your Submission fails to conform to the Guidelines and Restrictions. By uploading your Submission, in addition to rights granted below, you: (a) grant to Pelican Ice all rights necessary to display your Submission on Pelican Ice’s Web site and Pelican Ice’s Facebook page; (b) hereby waive any so-called moral (e.g., creative rights) in your Submission; (c) represent and warrant that you have the right to grant the rights granted in these Official Rules; and (d) represent and warrant that your Submission and its use as contemplated in these Official Rules does not and will not violate, misappropriate, or infringe upon any law or regulation or the rights of any third party, including any copyright, trademark, or any rights of publicity or privacy, or any other intellectual property or proprietary rights.
▪ The Submission must be a digital photo;
▪ The Submission must be entrant’s original creation and owned one hundred percent (100%) by the entrant;
▪ The Submission cannot have been submitted previously in a promotion of any kind or exhibited or displayed publicly through any means; and
▪ The Submission must demonstrate the following contest themes (“Contest Themes”):
1) You wearing clothing representative of the New Orleans Saints, and
2) You using/in possession Pelican Ice Crazy Cubes©
▪ The Submission must not contain material that violates, misappropriates, or infringes upon any law or regulation or the rights of any third party, including any copyright, trademark, or any rights of publicity or privacy, or any other intellectual property or proprietary rights;
▪ The Submission must not disparage any person or entity;
▪ The Submission must not contain material that is inappropriate, indecent, obscene hateful, tortious, and/or defamatory;
▪ The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
▪ The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Submission is created.
For All Submissions: You may submit no more than a total of one Submission during the Contest Period. Submissions received from any person or email address in excess of the stated limit, whether through multiple or different Facebook accounts or other applicable accounts or means, will be void. Entrant must have signed permission from all individuals (parents/legal guardian of children, if featured and if not your own) that appear in the Submission to use their name and image in the Submission and to grant the rights set forth herein. If requested by Pelican Ice, entrant must be able to provide such permissions in a form acceptable to Pelican Ice. By uploading a Submission, entrant grants to Pelican Ice(and Pelican Ice’s licensees and assigns) a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submissions in whole or in part, and otherwise exploit the Submission in all media now known or hereafter devised, throughout the universe, in any way Pelican Ice sees fit including, but not limited to, entertainment, instruction/education, promotional, advertising and/or marketing purposes. In connection with all rights granted herein, Pelican Ice (and Pelican Ice’s licensees and assigns) shall also have the irrevocable right to incorporate Submissions, in whole or in part, into other works, in any form, media or technology now known or hereafter developed. If necessary, entrant will sign any necessary documentation that may be required for Pelican Ice or its designees to make use of the non-exclusive rights entrant is granting to use the Submission. Proof of submission will not be deemed proof of receipt by Pelican Ice.
5. Selection and Notification of Winner. A panel of judges, determined by Pelican Ice in its sole discretion, (the “Judging Panel”) will select one (1) Submission as the prize winner. Selection of the winning Submission by Pelican Ice will be based on the following criteria (“Judging Criteria”): (a) how creative it is; (b) the extent to which it is inspirational; (c) how well it fits the Contest Themes; and (d) the quality of the Submission. The winner will be notified on Pelican Ice’s Facebook 24 to 48 hours after contest deadline expires. To claim the prize, the winner(s) should follow the instructions contained in his or her notification.
- Identity of Entrant. If a dispute arises about the identity of the entrant, entries made online will be declared made by the authorized account holder of the email address submitted at time of entry. An authorized account holder is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning email addresses for the domain associated with the submitted email address. The potential winner may be required to provide Pelican Ice with proof that the potential winner is the authorized account holder of the email address associated with the winning entry.
- Prize. The prize is two tickets to a New Orleans Saint’s game in the Mercedes Benz Superdome. One (1) Prize winner will be selected per contest period. The total approximate retail value of the Prize is $200. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNER. The Prize will be awarded. If the Prize is returned as undeliverable or otherwise not claimed within four (4) days after delivery of notification, the Prize will be forfeited and awarded to an alternate winner selected by the Judging Panel from all of the remaining eligible entries that meet the Judging Criteria. The Prize is not transferable. No substitutions or exchanges (including for cash) of the Prize will be permitted, except that Pelican Ice reserves the right to substitute a Prize of comparable or greater value for the Prize. The Prize is awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). The Prize will be available for pickup immediately after winner notification.
- No Facebook Endorsement. This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook, Inc. Any information you provide in connection with the Contest is to Pelican Ice and/or its sponsors/administrators and not to Facebook. You understand that by using and interacting with www.facebook.com, you are subject to the terms, conditions, and policies that govern the use ofwww.facebook.com. You should therefore review the applicable terms and policies forwww.facebook.com, including privacy and data gathering practices, before using or interacting with Facebook.
- General Release. By entering the Contest, you release Pelican Ice and all Released Parties from any liability whatsoever, and waive any and all causes of action, for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Contest or delivery, mis-delivery, acceptance, possession, or use of or inability to use any Prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
9. Use of Winner’s Name, Likeness, etc. Except where prohibited by law, entry into the Contest constitutes permission to use winner’s name, Facebook name, likeness, persona, hometown, and/or Prize information in all media now known or later devised throughout the universe in perpetuity for all purposes Pelican Ice deems appropriate – including, without limitation, for promotional and publicity purposes – without further permission or compensation. As a condition of being awarded any Prize, except where prohibited by law, winner may (in Pelican Ice’s sole discretion) be required to execute a written consent, confirming Pelican Ice’s right to use such winner’s name, Facebook name, likeness, persona, hometown, and/or Prize information without further permission or compensation
10. Limitations of Liability: The Contest Entities are not responsible for late, lost, damaged, misdirected, incomplete, illegible, undeliverable, destroyed, and/or lost, late, misdirected, undeliverable or incomplete entries due to system errors or failures, or faulty transmissions and/or entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete or garbled computer or telephone transmissions, or for any problems or technical malfunction(s) of any telephone network or lines, computer online systems, servers or providers, computer equipment, or entries not received by Sponsor on account of technical problems or traffic congestion on computer networks, or any combination thereof, including any injury or damage to participant’s or any other person’s computer related to or resulting from participating in the promotion or downloading any material for the Contest, or other telecommunications malfunctions which may limit an entrant’s ability to participate. Sponsor may prohibit an Entrant from participating in the Contest or winning the Prize if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other Entrants or Sponsor representatives. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of the Contest is a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. If for any reason this Contest is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the promotion, then Sponsor reserves its right at its sole discretion to cancel, terminate, modify or suspend the Contest.
11. Further Liability Limitations: To the maximum extent permitted by law, in no event will SPONSOR be responsible or otherwise liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages related to the promotion, including any access to or use of the website or any downloading from or printing material from the website. Everything on the website is provided “as is” without warranty of any kind, either expressed or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions may not allow limitations or exclusions of liability for incidental or consequential damages or exclusion of implied warranties so some of the above limitations or exclusions may not apply. Winners agree that all prizes are provided “as is” without any warranty, representation, or guarantee, express or implied, in fact or in law, whether now known or hereinafter enacted, relative to the use or enjoyment of the prize, including, without limitation, its quality, merchantability, or fitness for a particular purpose. Further, no responsibilities are accepted for any additional expenses, omissions, delays, or re-routing resulting from any acts of any government or authority.
12. Disputes: Except where prohibited, Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate state or federal court located in New Orleans, Louisiana; (ii) any and all claims, judgments and awards on behalf of Entrant shall be limited to actual out-of-pocket costs incurred, if any, including costs associated with entering this Contest, but in no event attorneys’ fees, and in no event to exceed two hundred fifty dollars ($250); and (iii) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, 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; and (iv) this Contest and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the internal laws of the State of Louisiana without giving effect to its conflicts of law or choice of law principles or rules that would cause the application of any other state’s laws.
13. Odds of Winning: Odds of winning depend on the number of eligible entries received in a Contest Period.
The National Football League, its member professional football clubs, NFL Ventures, Inc., NFL Ventures, L.P., NFL Properties LLC, NFL Enterprises LLC and each of their respective subsidiaries, affiliates, shareholders, officers, directors, agents, representatives and employees (collectively, the “NFL Entities”) will have no liability or responsibility for any claim arising in connection with participation in this sweepstakes or the prize awarded. The NFL Entities have not offered or sponsored this sweepstakes in any way.
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