CHUBBIES 55HOURS CONTEST OFFICIAL RULES (“Official Rules”)

NO PURCHASE NECESSARY. PURCHASE WILL NOT INCREASE CHANCES OF WINNING.

SPONSOR:

Chubbies, Inc. (“Sponsor”), 430 Pacific Avenue, San Francisco, CA 94107.

ELIGIBILITY:

The Chubbies #55 Hours Contest (“Contest”) call for entry period begins on September 7, 2016 at 12:00:00 a.m. Pacific Time (“PT”) and ends on September 25, 2016 at 11:59:59 p.m. PT (“Promotion Period”). Sponsor’s computer is the official time-keeping device for the Contest. The Contest is open only to legal residents of the 50 United States and the District of Columbia, who are at least eighteen (18) years of age. Void where prohibited.

AGREEMENT TO OFFICIAL RULES:

TO ENTER:

During the Promotion Period, go to www.chubbies.com/55hours (“Contest Site”) and follow the instructions.

Sponsor is not responsible for lost, late, misdirected Entries or Entries not received regardless of cause. In the event of a dispute over who submitted an Entry, the Entry will be deemed to have been directly submitted by the authorized account holder of the e-mail account identified in the Entry. Entries become the property of Sponsor and will not be returned.

CONTEST TIMELINE:

Phase 1: Initial Entry

Initial Entry may be made any time during the Promotion Period. Multiple Entries are permitted during the Promotion Period.

Phase 2: Determination of Top Twenty-Four Contest Finalists

We will begin selecting the twenty-four contest finalists (the “Contest Finalists”) the day of September 26th beginning at 12:00am PT and we notify Contest Finalists of their selection no later than September 26th at 11:59pm PT. Contest Finalists will be publicly announced no later than September 28th at 11:59pm PT.

Phase 3: Public Vote to Determine the Four (4) Grand Prize Winners

The public vote opens up on September 29th at 12:00am PT and continues until October 10th at 11:59pm PT. Winners will be notified and announced on October 11th, 2016.

CONTEST PHASE DESCRIPTIONS

Phase I: Initial Entry

Initial Entry may be made any time during the Promotion Period. Multiple Entries are permitted during the Promotion Period. The public will be encouraged to comment, like and share the Contest Participants Entries. 

The public comments, likes and shares of a Contest Participant’s Entry at the end of Phase I will be used to determine the public voting score included in the Judging Criteria described below. Any attempt by any Contest Participant to obtain comments, likes and/or shares by any fraudulent or inappropriate means, as determined by Sponsor in its sole discretion, including without limitation, offering prizes or other inducements to members of the public, by using any automated program, vote bots, share bots, or any other methods, will void those comments, likes and/or shares for the Contest Participant and the Contest Participant may be disqualified as determined by Sponsor in its sole discretion. Sponsor in its sole discretion reserves the right to revise comment, like and/or share tallies should the voting appear to have been tampered with or manipulated in any way.

Phase II: Determination of Top Twenty (24) Contest Finalists

A panel of judges made up of authorized representatives of Sponsor in its sole discretion will review each Entry submitted during Phase I and select up to twenty four (24) Contest Finalists that receive from among all eligible Entries the highest scores based on the application of the following judging criteria (“Judging Criteria”):

• Public Voting (20%) – 20% of the Judging Criteria will be determined by calculating the ratio of likes, comments, and shares of the Contest Participant’s Entry to the Contest Participant’s total followers on Instagram based on the Photo Appeal criteria set forth below.
• Photo Appeal (80%) – 80% of the Judging Criteria will be determined based on the photo content, photo composition, photo creativity of the Entry and the emotional reaction the Entry elicits.

Prior to the final public vote to determine the four (4) Grand Prize Contest Winners (as described in Phase III below), the selected Contest Finalists will be required to complete a Sponsor survey and will be permitted to submit more photos as part of their final profile used to determine the four (4) Grand Prize Contest Winners.

Phase III: Public Vote on Contest Finalists to Determine Four (4) Grand Prize Contest Winners

Prior to the opening of the public vote as described below, Sponsor will create a profile for each Contest Finalist on the Contest Site based on the Contest Finalists’ winning Entry and any additional photos submitted by the Contest Finalist. Once the public vote opens, the public will be permitted to visit the Contest Site and share the twenty four (24) Contest Finalists’ profiles. The public vote will be based on the number of shared profiles of each of the Contest Finalists based on the Photo Appeal criteria set forth above. One (1) share of a Contest Finalist’s profile equals one (1) vote for that Contest Finalist. The four (4) Contest Finalists with the most votes will be the four (4) grand prize contest winners (the “Contest Winners”). The public vote tallies for the Contest Finalists will be the sole determination of the Contest Winners. If there is a tie, Sponsor will select the applicable winner based on scores received as a result of the authorized representatives of Sponsor’s panel of judges’ application of the Judging Criteria.

Any attempt by any Contest Finalist to obtain profile shares by any fraudulent or inappropriate means, as determined by Sponsor in its sole discretion, including without limitation, offering prizes or other inducements to members of the public, by using any automated program, vote bots, share bots, or any other methods, will void those profile shares for the Contest Finalist and the Contest Finalist may be disqualified as determined by Sponsor in its sole discretion. Sponsor in its sole discretion reserves the right to revise profile share tallies should the voting appear to have been tampered with or manipulated in any way.

THE PRIZES

The four (4) Grand Prize Contest Winners shall be awarded the following (together, the “Grand Prize”):

• A weekend getaway for two to one of four U.S. cities to be determined by Sponsor. The weekend getaway will include (A) airfare for two (2) as determined by Sponsor, (B) two (2) nights hotel accommodation provided by HotelTonight and selected by HotelTonight and Sponsor and (C) One Hundred Fifty Dollars ($150) spending cash per person for the weekend. All other expenses, including meals and ground transportation will be the responsibility of the Contest Finalist. Each Contest Finalist will be required to make social media posts of the weekend and take part in one (1) Sponsor activity per day (at least one of which will be a Sponsor photo shoot) as directed by Sponsor.
• a $250 Chubbies gift card.
• a swag pack provided by Kingsford, valued at $250.

 

The twenty (20) runner-up Contest Finalists shall be awarded the following (together, the “Runner-Up Prize”):

• a $100 Chubbies Gift Card.
• a swag pack provided by Kingsford, valued at $30.

Additionally, all Contest Finalists will be invited to join the Chubbies Club of Fresh Photographers who Instagram Pretty Good. Fresh Photographers will gain access to early releases and can apply for photoshoot budgets to help generate content for Chubbies.com and our social accounts.

The total and approximate retail value of the Contest is twenty-five hundred dollars ($2,500.00) per Contest Winner, one hundred thirty dollars ($130.00) per runner-up Contest Finalist, and twelve thousand six hundred dollars ($12,600.00) in the aggregate.

Any and all Contest Winners’ travel arrangements must be made through Sponsor. The Contest Winners must sign a Release of Liability/Publicity prior to any ticketing for travel. Once airline tickets have been ticketed, no changes by Contest Winners will be permitted. Sponsor, in conjunction with HotelTonight, will determine airline, airports, dates of travel, flight itinerary, and hotels in its sole discretion. Travel and accommodation restrictions, conditions, black out dates and limitations may apply. All travel must be completed prior to December 31, 2017.

The Grand Prize and the Runner-Up Prize (together the “Prize”) are awarded “AS IS.” Neither Sponsor nor Sponsor Affiliates make offer any warranty or guarantee, either express or implied (including, without limitation, quality, merchantability and fitness for a particular purpose) in connection with this Contest or the Prize. Prize details and availability are subject to change, in which case a prize of equal value may be substituted at Sponsor’s sole discretion. The Prize consists only of the items listed, are non-transferable, with no cash redemption or substitution except at Sponsor’s sole discretion. The Prize is subject to terms, conditions, expiration dates, and restrictions imposed by the Sponsor. Federal, state, and local taxes on Prizes, if any, and any other costs, fees and expenses not listed above as specifically included as part of the Prize are the sole responsibility of winner.

The odds of winning the Prize depend upon the number of completed Entries received.

WINNER NOTIFICATION/RELEASES:

The Contest Winners and runner-up Contest Finalists will be notified pursuant to the contact information provided. The Contest Winners and runner-up Contest Finalists will have forty-eight (48) hours from the moment such notification is issued to respond by following the instructions provided therein. If the Contest Winner and runner-up Contest Finalist timely responds to such notification, the Contest Winner and runner-up Contest Finalist will be required to sign an agreement of eligibility/liability, photo releases and publicity release (the “Agreement”) within forty-eight (48) hours of the date of notification. If a Contest Winner or a runner-up Contest Finalist cannot be contacted, fails to sign and return the Agreement or provide any other requested information within the required time period (as applicable), the potential winner forfeits the Prize. Receiving the Prize is contingent upon compliance with these Official Rules. In the event that a Contest Winner is disqualified for any reason, Sponsor may award the Prize to a runner-up Contest Finalists. By entering and/or participating, Contest Participants agree

• to be bound by these Official Rules;
• that the decision of the Sponsor is final and binding on all matters relating to the Contest;
• to be contacted by Sponsor by e-mail, telephone, mail and/or social media; and
• to release and hold Sponsor and the Released Parties (defined below) from and against any and all liability for injuries and/or damages (including death) sustained in connection with acceptance, possession, use and/or misuse of the Prize or related to participation in the Contest. Except where prohibited by law, by accepting the Prize, each Contest Finalist consents to the use of his or her name, voice, picture or other likeness for advertising, promotional and other purposes in any media as determined by Sponsor without further approval or compensation.

REQUIRED REPRESENTATIONS AND WARRANTIES:

To be eligible, all Entries must comply with the following restrictions:

• Your Entry must be your own original images, photos and other content (collectively, “Content”), created and shot by and/or featuring you; and must not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity. You must have sufficient rights in and to the Content to grant permission to Sponsor to use the Content as described in these Official Rules.
• You represent that your Entry complies with these Official Rules and the requirements herein, any applicable community guidelines, terms of use, and any other binding terms on Instagram (as applicable), and will not violate any federal, state or local laws or ordinances.
• You represent that you have the express consent of any identifiable persons appearing in the Content to their likeness being used in the ways set out in these Official Rules, including Sponsor’s right to use the image for any future commercial purpose without restrictions. Upon request, you will obtain written consent of any such persons for Sponsor. If any person appearing in the Content is under the age of majority in their state of residence, the written consent and signature of a parent or legal guardian is required. The Content must not contain any personally identifiable information of any person.
• Excepting those of Sponsor, the Content must not contain or reference any names, products or services of any company or entity or any third party trademarks, logos, trade dress or promotion of any brand, product or service.
• The Content must not be lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, violate any laws or otherwise contain content, which Sponsor in its sole discretion decides is inappropriate or objectionable.
• The Content 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.
• Content must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Content is created.
• The Content must contain the following hashtags @chubbies and #55hours.
• Entries that do not include any required disclosures or hashtag will not be eligible and will be disqualified. Bulk, automated and/or third party Entries are prohibited and will be disqualified. Multiple participants are not permitted to share the same Instagram account. Any attempt by any Contest Participant to use any fraudulent methods or attempt to circumvent the rules will void that Contest Participant’s Entries, and that Contest Participant may be disqualified at Sponsor’s discretion. In the event of a dispute as to any Entry, the authorized account holder of the email address associated with the pertinent Instagram account will be deemed to be the Contest Participant. 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. Potential Contest Winners and Contest Finalists may be required to show proof of being the authorized account holder to the Sponsor or forfeit the Prize. Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Contest at Sponsor’s sole and absolute discretion. Normal Internet access, phone, data, and usage charges imposed by your online or phone service may apply.

Entries that do not comply with the above requirements may not be eligible and, if submitted, may be removed at any time in Sponsor’s sole discretion. Sponsor reserves the right in its sole discretion to disqualify any Entry that it believes violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these Official Rules. Contest Participants agree to reimburse Sponsor and Sponsor Affiliates in full in respect of any losses, damages, and expenses, including reasonable attorney fees that they may sustain from the breach of a representation or warranty made by the Contest Participant or the use of any rights granted by the Contest Participant to Sponsor hereunder. By entering, Contest Participant warrants that the submitted Content complies with the Entry requirements set out in these Official Rules.

By entering, Contest Participant grants to Sponsor a non-exclusive, worldwide, royalty-free, sub-licensable, assignable license to reproduce that Content and to otherwise use, exploit, copy, modify, adapt, edit, publish and display the Content in any form, manner, venue, media or technology now known or later developed for any and all purposes, including, without limitation, for purposes of trade, advertising, and promotion as Sponsor and its licensees or assignees determine, without further compensation, notification, or permission. Further, by entering, the Contest Participant hereby waives any moral rights the Contest Participant may have in the Content in favor of the Sponsor.

At Sponsor’s request and in its sole discretion, Contest Participants may be required to execute an assignment and release transferring all rights and ownership of their Content to Sponsor, the form of such assignment to be determined by Sponsor.

By participating in this Contest, Contest Participant acknowledges and agrees that he/she will clearly and conspicuously disclose that he/she is participating in this Contest in any online social sharing interaction that references the Contest or is used to obtain Entries in connection with this Contest. At a minimum, the hashtags @chubbies and #55hours must be included in all social media communications sent pursuant to the Contest. Sponsor reserves the right in its sole discretion to disqualify any Contest Participant who does not adequately disclose his or her participation in this Contest while engaging in any online social sharing interaction during the Contest Period.

PUBLICITY & MARKETING:

Submission of an Entry in the Contest constitutes permission to the Sponsor to use Contest Participants’ name, image, biographical information, voice, statements, image, picture and likeness for purposes of advertising and trade, in any medium, without further notice, approval, or compensation, unless prohibited by law. Submission of contact information in connection with this Contest (whether or not required), including without limitation mailing address, phone number, email address, Instagram handle, Twitter handle, and Facebook account, during Entry constitutes permission for Sponsor to use Contest Participant’s personal information for purposes of administration of the Contest. Contest Participants also may opt-in to be added to Sponsor’s customer database and to permit Sponsor to contact Contest Participant in the future for promotional and other reasons. You may opt-out of receiving such communications as set forth in Sponsor’s Privacy Policy (located at www.chubbiesshorts.com/pages/privacy-policy) or as provided within any such marketing materials (e.g., using the “Unsubscribe” feature provided in the footer of Sponsor’s emails).

NO LIABILITY & INDEMNIFICATION:

Neither Sponsor, Sponsor Affiliates, nor their respective directors, officers, employees, agents and assigns, harmless from and against any and all claims and liability (the “Released Parties”) are responsible for and Contest Participants release each from any failures of any kind (whether caused by computer, technical, or human error) which may either limit the Contest Participant’s ability to submit an Entry, register a vote, claim a prize, or otherwise participate in this Contest, or a Released Party’s ability to include all eligible Entries, votes, judging, notify potential winners, or otherwise execute this Contest in the manner intended. Entrants further release and agree to indemnify the Released Parties from all liability, claims or actions of any kind for injuries, death, damages, or losses to persons or property alleged to have been sustained in connection with this Contest including, but not limited to:

(a) the receipt, ownership or use of any Prize awarded; (b) any travel or Prize-related activity; (c) any typographical or other error in these Official Rules or any other materials disseminated by Sponsor; and (d) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with any equipment, systems, networks, lines, satellites, servers, computers, or providers used by a Contest Participant or Released Party.

OTHER TERMS:

Decisions of Sponsor on all matters related to the Contest are final. Sponsor reserves the right to cancel or modify the Contest for any reason, including but not limited to, if fraud, misconduct or technical failures destroy the integrity of the Contest, or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper administration of the Contest as determined by Sponsor, in its sole discretion. Sponsor reserves the right to disqualify or prohibit the participation of an individual if fraud or tampering is suspected, or if the individual fails to comply with any requirement of participation or with any provision in these Official Rules. Entries that violate the terms of these Official Rules will be disqualified. Sponsor reserves the right in its sole and unfettered discretion to disqualify any Entry that it believes is inappropriate or not suitable for publication, that does not comply with these Official Rules, or that is not consistent with the spirit or theme of the Contest. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL & CIVIL LAWS. SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND/OR SEEK DAMAGES FROM ANY INDIVIDUAL MAKING ANY SUCH ATTEMPTS TO THE FULL EXTENT PERMITTED BY LAW.

GOVERNING LAW & MANDATORY ARBITRATION:

Any disputes arising under this Contest and/or these Official Rules will be governed by the internal laws of the State of California. Sponsor and each Contest Participant agree that any such claim or dispute between the parties, or between a party and any agent, employee, successor, or assign of the other, related to this Contest and/or these Official Rules (including the applicability of this arbitration clause) shall be resolved by binding arbitration administered by the JAMS under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS’ website (www.jamsadr.com) Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.

SEVERABILITY:

If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.

WINNERS AND FINALISTS:

To obtain a list of the Contest Winners and Contest Finalists, please visit the Contest Site. The Contest Winners and Contest Finalists will be posted after winner confirmation is complete.