Freedman’s Athlete Contest – Official Rules (“Official Rules”)
Date of Official Rules: March 20, 2018
- For the purposes of these Official Rules, the following definitions apply:
a. “Contest” shall mean the Freedman’s Athlete Contest, which is sponsored by Freedman’s.
b. “Entrant” or “You” shall mean the individual who completes and satisfies the eligibility requirements for the Contest and agrees to be bound by the terms of the Official Rules.
c. “Entry” shall mean the completion of an entry in the Contest as specified in Section 4 of these Official Rules.
d. “Freedman’s” shall mean Freedman Harness & Saddlery Company, a Kentucky corporation.
e. “Sponsor” shall mean Freedman’s, its agents, successors, and assigns.
f. “Prize” shall mean the Freedman’s Athlete Prize described in Section 6 of these Official Rules.
g. “Site” shall mean the official Freedman's website and includes official Freedman's social media accounts.
- The Contest is open to Entrants who meet the following eligibility criteria:
a. Entrant is 13 years of age or older at the time the Entrant submits an Entry to the Contest; and
b. Entrant is a legal resident of one of the fifty (50) United States or the District of Columbia, except that Entrant may not be a resident of any state where the Contest is prohibited by law; and
c. At the time of Entry into the Contest, Entrant has a valid email address, and a valid Facebook or Instagram account; and
d. Entrant completes an Entry for the Contest on the Site by providing his/her legal first name and last name, valid email address, and photo with caption in compliance with Section 4 of these Official Rules; and
e. Entrant has read and is willing to be bound by and comply fully with these Official Rules; and
f. Entrant is willing and able, should he/she be selected as a Contest winner, to have the Prize sent to his/her mailing address; and
g. Entrant may submit only one Entry to the Contest per month; and
h. Winning entrants are not eligible to submit a future Entry; and
i. Entrant is willing to sign an affidavit that he/she meets all eligibility requirements stated in these Official Rules; and
j. Entrant consents to the use of his/her name, city and state of residence, and other information submitted as part of the Contest Entry by Sponsor to promote Sponsor’s products and services.
Previous or current employees or agents of Sponsor and immediate family members of such employees or agents are not eligible to enter the Contest. “Immediate family members” is defined as parents, spouses, former spouses, children, grandchildren, dependents, siblings, and those individuals living in the same household as the employee or agent of Sponsor.
- No Purchase Necessary.
Entrant does not need to make any purchase to enter Contest.
Entering the Contest. The Contest will begin on the First of each month for which the contest runs at 12:00 AM EST and will end on the final business day of the month at 12:00 PM EST (“Entry Period”). During the Entry Period, Entrants may visit the Site to enter the Contest. To enter, You must:
a. Complete the application form at https://freedmanharness.com/pages/athlete-of-the-month; and
b. Agree that You will not include in Your Entry any photo or text that is obscene, defamatory, infringing of another person’s right of publicity or other intellectual property right, is illegal, or invasive of another person’s privacy; and
c. Agree that Sponsor may send to You at Your email address email announcements from Sponsor about Sponsor’s products and services, provided, however, that You may opt out of receiving future Sponsor email announcements by following the directions for doing so on the first announcement that You receive; and
d. Agree that You have read and will be bound by and comply fully with the Official Rules of the Contest; and
e. Agree that, Sponsor may use Your name, likeness, city and state of residence, and other information You submitted as part of the Entry to promote Sponsor’s products and services; and
g. Represent that You have obtained written permission from any individual appearing in Your Entry’s photo that You may submit their likeness as part of Your Entry and that Sponsor may use that person’s likeness to promote Sponsor’s products and services; and
h. Represent that, if any child under the age of 18 appears in Your Entry’s photo, You are the parent/legal guardian of the child and agree that Sponsor may use that child’s likeness to promote Sponsor’s products and services or, if You are not the parent/legal guardian of that child, You have obtained written agreement from that child’s parent/legal guardian that you may submit the child’s likeness as part of Your Entry and that Sponsor may use that child’s likeness to promote Sponsor’s products and services; and
i. Represent that You are the copyright owner of the photo and You relinquish any rights to any royalties, profits, or benefits from use of Your Entry by the Site or Sponsor or, if You are not the copyright owner, You have obtained agreement from the copyright owner that You may submit the photo as part of Your Entry and the copyright owner relinquishes his/her rights to any royalties, profits, or benefits from use of Your Entry by the Site or Sponsor.
j. Acknowledge and agree that the Facebook and Instagram terms of service permit Facebook and Instagram users to share posts with other users and that Sponsor cannot prevent such sharing.
The Site’s database clock shall be the official timekeeper of the Contest.
An Entrant may enter the Contest only once per month.
At the end of the Entry Period, incomplete entries and entries that do not meet the eligibility criteria stated in Section 2 of these Official Rules will be discarded and deemed void.
All entries, whether complete or incomplete, are and shall remain at all times Sponsor’s property and will not be returned or may not be acknowledged.
Selection of Contest Winner and Entry Clearance. Entries will close at 12:00 PM EST on the business day day of the month. Sponsor will select the winner based on the following criteria:
A) Quality of image
B) Appropriate representation of the Freedman’s product in the photo
C) Caption provided for the photo. Sponsor will then notify the preliminary winner by email within seven (7) business days that his/her Entry has been selected as the Contest’s preliminary winner and the preliminary winner must complete the following steps to finalize his/her selection as Contest winner:
- Within five (5) business days of notification by email of his/her selection as Contest winner, send a confirmation email to Sponsor that Entrant remains willing to accept the Contest Prize at the email address provided in the Entry; and
- Sign a statement, if requested to do so by Sponsor, attesting that all facts stated in the Entry submitted by the Entrant are true and that Entrant meets all eligibility requirements stated in these Official Rules.
If the preliminary winner does not complete the steps identified in Section 5(a)-(b) within the timeframes noted, Entrant forfeits the Prize and Sponsor may select another Contest winner.
- Prize and Approximate Retail Value. One Prize will be awarded to the Entrant submitting the winning Entry and will consist of a custom embroidered Freedman’s jacket, valued at $130 USD. Entrant may not request substitution of the Prize.
- Taxes. Taxes, if any, are the sole responsibility of the Entrant who receives the Prize.
- Privacy. You are required to provide Sponsor with certain personally identifiable information to participate in the Contest. Sponsor may analyze and use the information that You provide for the purposes of conducting the Contest, sending You emails from Sponsor about its products, improving Sponsor’s services, and, if You are selected as the Contest winner, promoting the services and products of Sponsor. Sponsor may employ other companies and individuals to perform functions on its behalf, such as analyzing data, providing marketing assistance, and operating or hosting the Site, and it may share your personally identifiable information with these parties. Sponsor encourages these third party service providers to adopt and post privacy policies; however, the use of Your personally identifiable information by such parties is subject to their privacy policies and is not subject to Sponsor’s control. As Sponsor continues to develop its business, it might merge with or be acquired by another company. If this happens, the successor company could acquire the information Sponsor maintains, but personally identifiable information would remain subject to these Official Rules. Sponsor may disclose Your personally identifiable information if it believes in good faith that such disclosure is necessary to comply with the law or a court order; enforce these Official Rules; or protect the rights, property, or safety of Sponsor or others.
- Disclaimer. This contest is not sponsored, endorsed or administered by or associated with Facebook or Instagram.
- Indemnification. By entering the Contest, Entrant agrees to defend, indemnify, and hold harmless Sponsor, Facebook and Instagram from and against all claims and expenses, including attorney fees, arising out of Entrant’s participation in this Contest or acceptance of the Prize.
- Representations and Warranties. Sponsor will use its best efforts to timely review all Contest Entries and select the winning Entry and notify the winning Entrant at the email address provided on his/her Entry form seven (7) business days after the last day of the month. Sponsor also will use its best efforts to announce the Contest winner on the Site by the 15th of the following month. HOWEVER, SPONSOR DOES NOT WARRANT THAT THE SPONSOR WILL BE ABLE TO NOTIFY THE WINNING ENTRANT BY THE specified time, THAT THE winning entrant will receive the email notification, OR THAT THE CONTEST WINNER WILL BE ANNOUNCED BY the 15th of the following month. The ANNOUNCEMENT OF THE WINNER MAY OR MAY NOT BE ACCOMPANIED BY THE PHOTO YOU SUBMITTED IN THE CONTEST.
Sponsor shall make reasonable efforts to comply with Facebook®’s policies, rules, and procedures. HOWEVER, SPONSOR MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES THAT FACEBOOK WILL MAINTAIN POLICIES, RULES, PROCEDURES, OR SERVICES THAT ENABLE SPONSOR TO COMPLETE THE CONTEST. IN THE EVENT THAT FACEBOOK CEASES TO PROVIDE POLICIES, RULES, PROCEDURES, OR SERVICES THAT ENABLE SPONSOR TO COMPLETE THE CONTEST, SPONSOR MAY TERMINATE OR SUSPEND THE CONTEST. IF SPONSOR TERMINATES OR SUSPENDS THE CONTEST IN ITS ENTIRETY, ITS ONLY OBLIGATION TO YOU IS TO MAINTAIN THE PRIVACY OF YOUR INFORMATION AS PROVIDED IN THESE OFFICIAL RULES.
SPONSOR MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTEST OR THE PRIZE. SPONSOR DOES NOT MAKE ANY REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTEST, EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT.
In no event shall SPONSOR, FACEBOOK or INSTAGRAM be liable for LOST REVENUES OR PROFITS or special, indirect, incidental, consequential, or punitive damages, even if it has been advised of the possibility of such LOSSES OR damages, NOR SHALL the aggregate liability of SPONSOR, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or other theory, arising out of or relating to THE CONTEST exceed the VALUE OF THE PRIZE AS STATE IN SECTION 6 ABOVE.
- Site Accessibility and Security. Entrant shall be responsible for obtaining and maintaining all data lines, computer software and hardware, and other equipment needed to access the Site and enter the Contest. Sponsor represents that it will not knowingly introduce any Trojan horse, virus, time bomb, or malware into the Site; however, Sponsor shall not be liable for any damages to, or viruses that might infect, Your computer or other property as a result of Your access to the Site and Entry into the Contest. You acknowledge that sometimes there are interruptions in Internet service that are beyond the control of Sponsor, and Sponsor shall not be responsible for any data lost during Internet transmissions. While it is Sponsor’s intention to make the Site accessible 24 hours per day, 7 days per week, You acknowledge that the Site may be interrupted, suspended, or terminated from time to time for any reason. Sponsor shall not be responsible for any person’s inability to enter the Contest.
- Trademarks and Copyrights. Freedman’s is a trademark of the Sponsor. All rights in respect of these trademarks are expressly reserved.
- Electronic Communication. You agree to receive communications from Sponsor in an electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communication that Sponsor provides to You electronically satisfy any legal requirement that such communications would satisfy if they were in a writing.
- Contest Termination. Sponsor may terminate the Contest at any time for any reason without prior notice. The provisions of Sections 4, 8, 10, 11, 13, and 16 shall survive any termination of the Contest.
- Dispute Resolution. You agree that this Contest shall be interpreted under the laws of the State of Illinois without reference to its conflict of laws provisions. You agree that any action arising out of or relating to the Contest shall be brought only in a court located in Will County, Illinois or, if a federal action, in the Northern District of Illinois. You hereby consent and agree to submit to the jurisdiction of and venue in such courts and waive any argument of forum non conveniens.
- Completeness and Severability. These Official Rules constitute the entire agreement between the parties with respect to the subject matter herein. No waiver by Sponsor of any breach or default of these Official Rules shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in these Official Rules are for convenience only and are in no way intended to describe, interpret, define, or limit the scope, extent, or intent of these Official Rules. If a provision of these Official Rules or the application thereof to any person or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder of these Official Rules and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law.
- Winner’s List. The name of the Entrant submitting the winning Entry for this Contest shall be posted on the Site and may be posted on other social media sites used by Sponsor.