Spam – Win A Trip to Hawaii 2014 – Design T-shirt To Win

AUSTRALIA SPAM® SPAMTASTIC™ T-SHIRT DESIGN PROMOTION
OFFICIAL RULES
NO PURCHASE NECESSARY FOR A CHANCE TO ENTER OR WIN.
A PURCHASE OR PAYMENT WILL NOT IMPACT A CONTESTANT’S OPPORTUNITY TO WIN THE PROMOTION.
THE CONTEST IS OPEN ONLY TO LEGAL RESIDENTS OF AUSTRALIA WHO, AS OF TIME OF ENTRY, ARE 18 YEARS OR OLDER AND SATISFY ALL THE TERMS OF THESE OFFICIAL RULES.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
DO NOT PARTICIPATE IN THE PROMOTION IF YOU DO NOT FALL WITHIN THE ELIGIBILITY REQUIREMENTS AS SET FORTH BELOW.
The Australia SPAM® SPAMTASTIC™ T-Shirt Design Promotion (“Promotion”) is sponsored by Hormel Foods Corporation, 1 Hormel Place, Austin, MN 55912, United States (“Promoter”), and is administered by Prize Logic, LLC, 25200 Telegraph Rd., Suite 405, Southfield, MI 48033, United States (“Administrator” or “PrizeLogic”).
1. DESCRIPTION OF THE PROMOTION AND PROMOTION PERIOD: The Promotion begins on 7 February 2014 at 4:00 A.M. Australian Eastern Daylight Time (“AEDT”) and ends on 9 March 2014 at 3:59:59 P.M. AEDT (“Promotion Period”). Contestants may submit entries during the entire Promotion Period. Judging will take place from the end of the Promotion Period until on or about 17 March 2014. The Promotion requires that eligible Contestants logon to http://tee.spam.com (“Website”) and follow the entry instructions as set forth in Section 4 of these Official Rules. The Judges will select one (1) Grand Prize Winner in accordance with Section 8. The Promoter will announce the Grand Prize Winner on or about 18 March 2014. Contestants are responsible for determining the corresponding time zone in their respective locations. The Promoter’s computer will serve as the official clock of the Promotion.
2. ELIGIBILITY: The Promotion is open only to legal Australian residents who are physically residing in Australia, who are at least 18 years old as of the start of the Promotion Period. Employees of Promoter, Administrator, BBDO Proximity, and/or any of their parent and affiliate companies as well as their immediate family (spouse, parents, siblings and children) and household members of each such employee of such entities (collectively, “Promotion Entities”) are ineligible to enter or win. The Promotion is subject to all applicable federal, state, territorial, municipal and local laws and regulations. Void outside of Australia and where prohibited or restricted by law.
3. AGREEMENT TO OFFICIAL RULES: Participation in this Promotion constitutes Contestant’s full and unconditional agreement to these Official Rules and Promoter’s and Administrator’s decisions, which are final and binding in all matters related to this Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. These Official
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Rules form a binding legal agreement between the Contestant and the Promoter with respect to the Promotion.
4. HOW TO ENTER: During the Promotion Period, the Contestant must logon to the Website and follow the onscreen instructions to register and submit an entry, which includes selecting the Australia competition. To register, each Contestant must provide his/her complete first and last name (initials are not permitted), valid street address (P.O. boxes are not permitted), Suburb, State, Post Code, e-mail address, date of birth, and telephone number. Each Contestant must also follow the instructions design a t-shirt demonstrating the Contestant’s love for the SPAM® brand (an “Entry”). The Contestant will have the option to submit up to three (3) photographs to use in his/her Entry.
Each Contestant is limited to submitting one (1) unique Entry into the Promotion per calendar day. A “calendar day” starts at 4:00 P.M. AEDT and ends at 3:59:59 P.M. AEDT, except on 7 February 2014 when a calendar day starts at 4:00 A.M. AEDT and ends at 3:59:59 P.M. AEDT. By uploading an Entry, each Contestant agrees that his/her Entry complies with these Official Rules, including the Entry guidelines and requirements set forth in Section 5. Each Contestant also agrees that Promoter may remove a Contestant’s Entry and disqualify a Contestant from the Promotion if Promoter believes, in its sole and absolute discretion, that an Entry fails to comply with these Official Rules. If Promoter rejects any Entry, in its sole and absolute discretion, such Entry will not appear on the Website and will not be considered a valid Entry.
5. ENTRY GUIDELINES AND REQUIREMENTS: Each Entry:
a. Each photograph must not exceed 5MB in size and must be in one of the following file formats: .jpg or .png.
b. Must be the original work of the Contestant;
c. Must be in English;
d. Must not have been submitted previously in a promotion of any kind and has not been exhibited or distributed previously in any media;
e. Must not disparage Promoter, Administrator, or any other person or party affiliated with the promotion and administration of this Promotion;
f. Must not in any way contain any brand names or trademarks other than those of Promoter;
g. Must not include personally-identifiable information;
h. Must not contain material that is inappropriate, indecent, lewd, pornographic, obscene, hateful, tortious, defamatory, slanderous or libelous;
i. 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
j. Must not contain material that is unlawful, in violation of, or contrary to the laws or regulations in any jurisdiction where Entry is created.
6. GENERAL ENTRY TERMS: There is a maximum of one (1) approved Entry per eligible Contestant per calendar day. If a Contestant submits more than one (1) approved Entry per calendar day, all Entries submitted by the Contestant after the first approved Entry will be deemed invalid. An approved Entry is defined as an Entry that has been submitted in accordance with these Official Rules. Any attempted form of participation in this Promotion other than as described herein is void. If it is discovered that a Contestant has registered or attempted to register more than once using multiple e-mail addresses or multiple identities, that Contestant’s Entry/Entries will be declared null and void and any prize that Contestant
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might have been entitled to win will not be awarded to that Contestant. Also, if it is discovered that a Contestant attempts to receive more than one (1) Entry per calendar day into the Promotion, that Contestant may, in the Promoter’s sole discretion, be disqualified from the Promotion. The authorised account holder, defined below, of the e-mail address from where the Entry is generated will be deemed to be the Contestant. Although all Entries may be reviewed by Promoter’s designee before being judged, posted or published, the posting or publication of an Entry does not mean the Entry has been deemed to be in compliance with these Official Rules. Entries that do not comply with these Official Rules or that otherwise contain prohibited or inappropriate content as determined by Promoter in its sole discretion will be disqualified and, if posted on any websites related to this Promotion, removed there from.
Submitting an Entry constitutes Contestant’s consent to give Promoter a royalty-free, irrevocable, perpetual, nonexclusive license to use, reproduce, modify, publish or create derivative works from and display the Entry in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. This license expressly includes a right (but not the obligation) for Promoter to modify submissions to remove any third party intellectual property. Each Contestant irrevocably waives any and all so-called moral rights they may have therein. Once an Entry is uploaded to the gallery, any such posting will be deemed made at the direction of the Contestant within the meaning of the Copyright Amendment (Digital Agenda) Act 2000 (Cth). EACH CONTESTANT REPRESENTS, UNDERSTANDS AND ACKNOWLEDGES THAT HE/SHE WILL NOT BE PAID FOR OR RECEIVE ANY FORM OF COMPENSATION OR ROYALTY (OTHER THAN THE PRIZE STATED HEREIN IF SELECTED AS THE GRAND PRIZE WINNER) IN EXCHANGE FOR GRANTING SPONSOR THE NON-EXCLUSIVE LICENSE RIGHTS OR FOR ANY SUBSEQUENT USE OF SUCH ENTRY BY SPONSOR. If requested, Contestant will sign any documentation that may be required for Promoter or its designees to make use of the non-exclusive rights Contestant is granting to use the Entry. Promotion Entities are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Entries — all of which will be void. In the event of a dispute as to any Entry, the authorised account holder (determined at time of the Entry) of the e-mail address used to make the Entry will be deemed to be the Contestant and must comply with these Official Rules. The “authorised account holder” is the natural person assigned an e-mail address by an Internet access provider, online service provider or other organisation responsible for assigning e-mail addresses for the domain associated with the submitted address. Each Contestant may be required to show proof of being an authorised account holder.
7. PROMOTER’S IP/LIMITED LICENSE: Promoter grants eligible Contestants a limited, revocable, non-sublicensable license to use Promoter’s name, product, trademarks and logos (collectively, “Promoter’s IP”) for the sole purpose of entering this Promotion. Contestants are not permitted to make any further use of Promoter’s IP for any purpose whatsoever. In addition, Contestants recognize that all right, title, and interest in Promoter’s IP shall vest exclusively to the Promoter, and Contestant agrees that she has not and will not take any action that might harm or adversely affect such rights. No right, title, or interest in and to the Promoter’s IP except for the limited license granted to Contestant in these Official Rules is transferred or created. Each Contestant further acknowledges and agrees that Promoter’s IP rights are valid and enforceable, and that Contestant shall do nothing to challenge the validity or enforceability of Promoter’s IP in any forum. Contestants agree that the use of Promoter’s IP is permitted only for the purpose of making a Submission for use in
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this Promotion, and that any use of Promoter’s IP (whether in the Submission or otherwise) beyond this scope infringes the rights of Promoter and will result in irreparable harm to Promoter.
8. JUDGING AND SELECTION OF THE GRAND PRIZE WINNER: Each Entry will be judged by a panel of qualified judges (“Judges”) selected by Promoter. The Judges will judge each Entry according to the following weighted factors: (1) creativity – 50%, (2) originality – 25%, and (3) authenticity – 25%. Each of these factors will determine the Contestant’s overall “Score.” The Contestant’s Entry that receives the highest Score will be declared the potential grand prize winner (the “Grand Prize Winner” pending verification of eligibility and compliance with these Official Rules). There will be no more than one (1) Grand Prize Winner. In the event of any ties, the highest score in criterion 1, “creativity” will be used to break any ties. In the event that there is still a tie after the first tie breaker, then the highest score in criterion 2, “originality” will be used to break the tie. In the event that there is still a tie after the second tie breaker, then the highest score in criterion 3, “authenticity” will be used to break the tie. Determinations of the Administrators and the Promoter are final and binding.
9. GRAND PRIZE, RECOMMENDED RETAIL PRICE (“ARV”) AND RESTRICTIONS:
a. Grand Prize (1): One (1) Grand Prize Winner will receive a trip for two people – the Grand Prize Winner and one (1) guest (“Travel Companion”) – for five nights/six days to attend the SPAM JAM® Festival in Honolulu, Hawaii (the “Trip”). The Trip will include: round-trip economy class airfare for the Grand Prize Winner and Travel Companion from a major gateway airport (selected by the Promoter, in the Promoter’s sole discretion) near the Grand Prize Winner’s residence to Honolulu, Hawaii; five nights standard hotel accommodations (one room, double occupancy) at a hotel selected by the Promoter in the Promoter’s sole discretion; VIP treatment at the SPAM JAM® Festival on 27 April 2014; round-trip ground transportation from the destination airport to the hotel; and a SPAM® gift bag.
b. RRP: The RRP of the Grand Prize is AUD $5,571. The actual value may vary based on airfare fluctuations and distance between departure and destination. Any difference between the stated RRP and actual value will not be awarded.
c. Grand Prize Restrictions and Limitations: All Grand Prize-related travel arrangements will be administered by the Promoter’s authorised designee. All travel must be booked at least fourteen (14) days prior to departure. Trip travel must be commenced by 29 April 2014 and completed by 4 May 2014 (actual travel dates to be determined by Sponsor at its sole discretion). Grand Prize travel is subject to capacity controls, availability, weather, seasonal influences, and certain other restrictions, all of which are subject to change. The Grand Prize Winner and Travel Companion will be required to travel on identical itineraries, including the same departure date and return date. The Grand Prize Winner and Travel Companion are solely responsible for obtaining any necessary travel documents for travel within the United States (i.e., valid, government-issued passport/photo identification). If the Grand Prize Winner elects to travel or partake in Grand Prize without a Travel Companion, no additional compensation will be awarded to the Grand Prize Winner. Air transportation and hotel accommodations must be taken together and cannot be taken separately. No changes will be made to travel details once any element(s) of the travel arrangements have been booked, except at the Promoter’s sole discretion. The Promoter will not pay for or obtain
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any travel insurance. All airline tickets issued in conjunction with the Grand Prize may not be eligible for upgrades, frequent flyer miles, or any other promotional benefit. The Promoter will not replace any lost or stolen tickets, travel vouchers or certificates, or similar items once any such item is in the Grand Prize Winner’s possession or in the possession of the Travel Companion. Travel must be round-trip. The Promoter will determine flight itinerary in its sole discretion. Once the hotel and flight arrangements have been confirmed, no changes will be allowed except by the Promoter in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth in these Official Rules and those set forth by the Promoter’s air travel prize supplier, as detailed in the passenger ticket contract issued by such supplier.
The Travel Companion must be at least 21 years of age or the child or legal ward of the Grand Prize Winner.
If any element of the Grand Prize is postponed or canceled for any reason, the Promoter may, in its sole discretion, still provide Grand Prize Winner with the Trip, or the cash equivalent of the Grand Prize. Promoter also reserves the right to reschedule the Trip if the SPAM JAM® Festival event is postponed or cancelled for any reason.
The right to receive Grand Prize is non-assignable, non-transferable and no prize substitution, exchange or cash equivalent will be allowed, except by Promoter who reserves the right to substitute prize of equal or greater value in case of unavailability of prize or force majeure. Federal, state, territorial and local taxes, if any, are solely the responsibility of each winner. No substitutions, cash equivalents or transfers of a Prize permitted by the Prize Winner. All other costs and expenses not expressly set forth herein shall be solely the Winner’s responsibility, including, any and all applicable federal, state and local taxes. No more than one (1) Grand Prize will be awarded.
10. GRAND PRIZE NOTIFICATION AND FULFILLMENT: The potential Grand Prize Winner will be notified via e-mail. Any potential Winner who cannot be contacted by e-mail within two (2) calendar days of this first attempted notification will forfeit the Grand Prize. The potential Grand Prize Winner will be required to sign and return an Affidavit of Eligibility, Liability & Publicity Release (“Affidavit”), which must be received by Administrator within five (5) calendar days from the date that the Affidavit is sent to the potential Grand Prize Winner in order to claim the Grand Prize. The potential Grand Prize Winner will also be required to sign and return a background check authorisation with the Affidavit. Promoter reserves the right to disqualify the potential Grand Prize Winner based on such background check if Promoter determines in its sole discretion that awarding the Grand Prize to any such individual might reflect negatively on the Promoter. The Travel Companion will also be required to execute and return a notarised Liability & Publicity Release. The Travel Companion may also be required to sign and return a background check authorisation with the Affidavit. Sponsor reserves the right to not allow the Travel Companion to participate in the Grand Prize based on such background check if Sponsor determines in its sole discretion that such participation of such individual might reflect negatively on the Sponsor. If a potential Grand Prize Winner fails to sign and return the Affidavit and background check authorisation within the required time period, is not in compliance with these Official Rules, or if Grand Prize notification is returned as undeliverable, the potential Grand Prize Winner forfeits the Grand Prize. If a potential Grand Prize Winner is disqualified for any reason, then the Promoter may, but is not required to, select the next highest scoring Entry, subject to tie breakers set forth in Section 8, to be a Grand Prize Winner. Acceptance of the Grand Prize
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shall constitute and signify the Grand Prize Winner’s agreement and consent that Promoter and its designees may use the Winner’s name, city, state, likeness, photo, Entry and/or prize information for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. The potential Grand Prize Winner may be required to furnish proof of identification and other proof of eligibility under these Official Rules. Promotion Entities shall not be held responsible for any delays in awarding prizes for any reason.
11. TAXES AND OTHER EXPENSES: ALL FEDERAL, STATE, TERRITORIAL AND LOCAL TAXES IMPOSED ON THE ACCEPTANCE OF THE GRAND PRIZE ARE SOLELY THE RESPONSIBILITY OF THE GRAND PRIZE WINNER. ALL OTHER COSTS AND EXPENSES NOT EXPRESSLY SET FORTH HEREIN ARE SOLELY THE RESPONSIBILITY OF THE GRAND PRIZE WINNER.