TITLE: Krispy Kreme Fave Fans Search
PRIZE: a year’s supply of doughnuts and a trip to the home of Krispy Kreme.
DEADLINE: 15th Sep 2009
KRISPY KREME 72ND BIRTHDAY FAN SEARCH PROMOTION OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. HOW TO ENTER THE PROMOTION. The Krispy Kreme 72nd Birthday Fan Search Promotion (the “Promotion”) begins on July 13, 2009 at 12:00:00 a.m. Malaysian Standard Time (MST) and ends September 15, 2009, 11:59:59 p.m. MST (the “Promotion Period”). To enter, register as a Krispy Kreme Fan at http://www.krispykremefavefan.com or at participating Krispy Kreme locations. Then, create an original photograph or art piece along with a caption of 72 words or less that answers the question: “How has Krispy Kreme made your life special?” and submit your entry via the link at http://www.krispykremefavefan.com or at a participating Krispy Kreme location during the Promotion Period. To be eligible, electronically submitted photographs or art pieces must: (i) be submitted in one of the following formats: JPEG, GIF, TIFF or Bitmap format; (ii) be under 1MB; and (iii) show a clear image. Entries must be original works with ownership rights held solely by the entrant. Entries cannot have been used in any other promotions or contests or have been previously published in any format. Entries must not show or reference brands or trademarks other than that of Sponsor and must not negatively portray or display Sponsor’s brands or products and cannot contain lewd, obscene, disparaging or offensive materials, commercial content, or any third party content, which includes any copyrighted material. Sponsor reserves the right to determine in its sole discretion whether an entry meets the entry guidelines, and Sponsor’s decision in this regard shall be final. Limit 1 eligible entry per person. In case of multiple entries from one person or e-mail address, only the first eligible entry received will be considered.
2. ELIGIBILITY. Promotion open to legal residents of Malaysia, who are eighteen (18) years of age or older or the age of majority in your jurisdiction, whichever is older, at the time of entering the competition. Entrants must have a valid international passport and United States of America (U.S.A.) Visa, or be willing to obtain such documents at entrants’ own expense if the entrant should be chosen as the Grand Prize Winner. Employees of Krispy Kreme Doughnut Corporation (“Sponsor”), its franchisees, affiliates, subsidiaries, advertising, promotion and fulfillment agencies, any individuals engaged in any way in the development, production, printing, distribution or execution of this Promotion and members of the immediate family or household of each, are not eligible to participate. Void where prohibited by law.
3. OWNERSHIP OF ENTRIES: By entering, all entries (including all material embodied therein) submitted to Sponsor shall automatically become the sole and exclusive property of Sponsor immediately upon submission and shall not be returned to the entrant. Additionally, entrants each unconditionally assign and transfer to Sponsor a nonexclusive, unlimited, perpetual license in the entry, including, without limitation, the right, in Sponsor’s sole discretion, to edit, composite, morph, scan, duplicate, or alter, the entry for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have in the entry submitted by him or her. Neither entrants nor Winners shall be entitled to receive any compensation or credit for use of entries, other than that disclosed in these Official Rules.
4. TERMS OF SUBMISSION/INDEMNIFICATION. As conditions of entry into this promotion and by submitting an entry, each entrant warrants and represents: (i) the individual, if any, featured in a photo is the entrant; (ii) entrant has the full right and legal capacity to agree to these Official Rules and is not a party to any agreement that would condition or restrict entrant’s ability to enter into this promotion; (iii) entrant is the sole and exclusive owner of the entry, and the entry is a previously unpublished, and previously unproduced work; (iv) the rights granted to Sponsor via these Official Rules, including public display, use and reproduction of entrant’s entry will not violate or infringe upon the copyright, literary, privacy, publicity, trademark, service mark or any other personal property right of any person or entity and entrant’s photo and/or essay will not constitute a libel or defamation of any third party; (v) entry is wholly original with entrant and as of the date of submission, is not the subject of any actual or threatened litigation or claim; and (vi) entry does not and will not violate any applicable laws, and is not and will not be defamatory, libelous, pornographic, or obscene as decided by the Sponsor, in its sole discretion. Sponsor shall have no obligation (express or implied) to use or post an entry or otherwise exploit the photo, or continue the development, production, distribution or exploitation thereof. Once an entry has been submitted pursuant to the Promotion, the entrant may not distribute, disseminate, sell, use, license, or post the entry or any copies thereof in any medium (including other Internet sites) without the prior express written consent of Sponsor. Each entrant, as a condition of participation in the Promotion, hereby grants Sponsor the exclusive, perpetual, worldwide right to edit, adapt, modify, reproduce, publish, distribute, and otherwise use (unless prohibited by applicable law) the entry (including all material embodied therein) in any way or in any media now or hereafter known for trade, advertising, promotional, or other purposes as Sponsor determines, in its sole and absolute discretion, without further notice or compensation to the entrant or any third parties. Entrant agrees that Sponsor may, without any limitation or further compensation, use his or her promotion entry, name, address (city and state only), image, likeness, voice, statement and biographical information in any and all media for the purpose of advertising, broadcasting and promoting the Sponsor’s websites, the promotion, or any other promotion, contest or sweepstakes sponsored by the “Releasees” (defined below) without any financial or other compensation, except where prohibited by law. Each entrant hereby agrees to indemnify, defend and hold the “Releasees” (defined below) harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder, including, but not limited to trademark, copyright or other intellectual property rights, right of publicity, right of privacy, or defamation.
5. PRIZES. One (1) Grand Prize shall be awarded, which shall consist of: (i) a card that entitles the Grand Prize Winner to two dozen Krispy Kreme doughnuts per month for one year, redeemable from January 1, 2010 to December 31, 2010 at the Grand Prize Winner’s local Krispy Kreme store; (ii) a trip for the Grand Prize Winner and one (1) travel companion to Winston-Salem, North Carolina, United States of America to attend the Krispy Kreme Fave Fan Festival 2010 on the date chosen by Sponsor, including standard, double occupancy (1 room) hotel accommodations for three (3) nights, airfare from a major international airport near Grand Prize Winner’s place of residence, and ground transportation within Winston-Salem; and (iii) an opportunity for the Grand Prize Winner to design and name his or her own Krispy Kreme Doughnut. Six (6) Second Prizes shall be awarded, which shall each consist of a card that entitles the Second Prize Winner to two dozen Krispy Kreme doughnuts per month for six months, redeemable from January 1, 2010 to June 30, 2010 at each Second Prize Winner’s local Krispy Kreme store. Five (5) Third Prizes shall be awarded, which shall each consist of a card that entitles the Third Prize Winner to two dozen Krispy Kreme doughnuts per month for three months, redeemable from January 1, 2010 to March 31, 2010 at each Third Prize Winner’s local Krispy Kreme store. Total ARV of prizes: Malaysian Ringgit [•] Grand Prize Winner is responsible for all expenses associated with the trip not expressly provided for above including, without limitation, visa application fees, exit taxes, meals, tips, telephone calls, incidentals and other personal expenses and hotel charges incurred in connection with the acceptance or use of the Grand Prize. Sponsor shall be responsible for booking hotel room and finalizing travel arrangements for Grand Prize Winner, as determined in Sponsor’s sole discretion. No substitution, cash redemption or transfer of prizes permitted by Winners. Sponsor reserves the right to substitute a prize (or portion thereof) of comparable or greater value, in its sole discretion. Any portion of a prize not accepted by a Winner will be forfeited.
6. TAX INFORMATION.All federal state and local taxes on the prizes are the sole responsibility of the Winners. Winners may be required to complete and submit appropriate tax forms.
7. JUDGING.All valid entries will be judged by a panel of judges selected by Sponsor based on the following standards:
A. Loyalty to Krispy Kreme (Image) 30%
B. Strength of Rationale Behind Being Krispy Kreme’s Fave Fan (Caption) 30%
C. Originality of Submission 20%
D. Creativity of Submission 20%
The twelve eligible entries with the highest scores (the “Winners”) shall be posted on the http://www.krispykremefavefan.com website for public viewing and vote from October 1, 2009 through October 31, 2009. The one Winner that receives the highest percentage of total online votes shall be the Grand Prize Winner. The six Winners that receive the next highest percentage of total online votes shall be the Second Prize Winners. The five Winners that receive the lowest percentage of online votes shall be the Third Prize Winners. In the event of a tie, the Sponsor’s judges will re-evaluate tied entries against each other, and may use the following tie breakers: selecting the entry that scored the highest in category “A” (“Loyalty to Krispy Kreme Image”); if tie remains, entry that scored the highest in category “B” (“Strength of Rationale Behind Being Krispy Kreme’s Fave Fan”); if tie remains, the entry that scored the highest in category “C” (“Originality”); if tie remains, the entry that scored the highest in category “D” (“Creativity”).
8. VOTING. From October 1, 2009 through October 31, 2009, voting will take place. Online entries may be subject to standard Internet connection fees. Limit three votes per person and per email address. Use of any device to automate a vote is prohibited, including but not limited to software-generated, robotic, programmed, script, macro or other automated votes. Sponsor reserves the right at its sole discretion to disqualify any individual (and remove any votes from that individual) it suspects or finds: (i) to have used a software-generated, robotic, programmed, script, macro or other automated online entry; (ii) to have tampered with the voting process; (iii) to be acting in violation of these rules; or (iv) to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Sponsor reserves the right to remove votes at its sole discretion. If, for any reason, any aspect of this voting process is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical or system failures or disruption, ‘Acts of God’ or terrorist attacks, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the voting process or for any reason Sponsor deems it necessary, Sponsor reserves the right at its sole discretion to cancel, terminate, modify voting process and reserves the right in its sole discretion to determine the winner(s). Sponsor is not responsible for and shall not be liable for: (i) difficulty accessing telecom systems; (ii) errors in transmission; (iii) service outage, delays or technical malfunctions of any network, computer systems, or computer equipment; (iv) any incomplete, lost, late, delayed, misdirected or garbled votes or failure to receive votes; (v) injury or damage to you or to any other person’s computer related to or resulting from participating in, or downloading materials or software, or attempts to participate in or download materials or software related to this voting process. All interpretations of these rules and the decisions of Sponsor relating to this voting process are final.
9. NOTIFICATION OF WINNERS. The Winners will be notified on or about November 9, 2009 by way of registered mail, regular mail, e-mail, and/or telephone. The Winners and the Grand Prize Winner’s travel companion (if any) must sign an affidavit of eligibility, a liability release, and where legal a publicity release, and provide them within ten (10) days, along with two valid forms of identification to Sponsor’s designated representatives, as described by Sponsor during the notification process. If a Winner fails to submit the required documentation within this time period, or if prize notification is returned as undeliverable, the prize will be forfeited and an alternate Winner may be selected. Grand Prize Winner’s travel companion (if any) must be at least 18 years of age, unless travel companion is the legal child or ward of the Grand Prize Winner. If travel companion is a minor, all documents must be signed by his/her parent or legal guardian. Prize will only be awarded if Winner complies with these Official Rules. In the event of a dispute regarding the identity of a Winner, the entry will be deemed to be submitted by the account holder of the e mail address provided in the registration (or the first person listed for an account with multiple names).
10. GENERAL CONDITIONS. Void where prohibited or restricted by law. All applicable federal, state and local laws and regulations apply. By entering this Promotion, you accept and agree to be bound by these Official Rules and the decisions of the Sponsor and judges, whose decisions are final. By entering you hereby release Sponsor and its advertising agencies, franchisees, and all other companies associated with the design and execution of this Promotion, and their respective officers, directors, employees, agents, parent companies, affiliates and subsidiaries (“Releasees”), from liability of any kind or nature for any loss, claims, damages, or injuries of any kind associated with participation in this Promotion or acceptance, possession, participation in or use or misuse of any prize. Sponsor reserves the right to disqualify any entry that it deems unacceptable. Sponsor is not responsible for submissions or entries that are incomplete, delayed, illegible, garbled, misdirected, or misrouted for any reason or for any computer, phone or phone line hardware or software malfunction. Sponsor reserves the right, in its sole discretion, to cancel or suspend this Promotion should a virus, bug, computer problem, unauthorized human intervention, act of God, or other cause or event corrupt the administration, security, fairness or proper play of the Promotion. Sponsor may disqualify any person who engages in or attempts such activity. If the Promotion is cancelled early, Winners may be selected from the eligible entries submitted before the termination, if feasible.
11. NATURE OF RELATIONSHIP / WAIVER OF EQUITABLE RELIEF: Each entrant hereby acknowledges and agrees that the relationship between the entrant and Sponsor is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the entry to Sponsor for purposes of the promotion does not place Sponsor in a position that is any different from the position held by members of the general public with regard to elements of the entry. Each entrant acknowledges and agrees that Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the entry. Finally, the entrant acknowledges that, with respect to any claim by entrant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any entry other material submitted in connection with the promotion, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the entry or any other production based on or allegedly based on the entry and entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
13. COPY OF OFFICIAL PROMOTION RULES. For a copy of the Official Rules send a self-addressed, stamped envelope before December 31, 2009, to Krispy Kreme Fave Fan Search, P.O. Box 83, Winston-Salem, NC 27102, United States of America.
14. WINNERS’ LIST. To obtain a winner’s list (available after December 31, 2009), send a self-addressed, stamped envelope before June 30, 2010 to Krispy Kreme Fave Fan Search, P.O. Box 83, Winston-Salem, NC 27102, United States of America.
15. SPONSOR. Krispy Kreme Doughnut Corporation, P.O. Box 83, Winston-Salem, NC 27102, United States of America.