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SELECTION OF FINALISTS AND WINNERS. GENERAL RELEASE AND WAIVER OF CLAIMS. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT IMPROVE ODDS OF WINNING. VOID WHERE PROHIBITED. ELIGIBILITY. Open to legal residents of the fifty (50) United States and the District of Columbia (“D.C.”) who live in the United States or the D.C. and are age eighteen (18) or older as of November 13, 2007. Employees and their immediate family and household members (whether or not related) of Sponsor (as defined below), CFA Properties, Inc., Chick-fil-A, Dwarf House®, Truett’s Grill® restaurants, franchised Chick-fil-A Operators, the Administrator (as defined below), and any of their employees, affiliates, subsidiaries, advertising and promotion agencies, and all other entities or individuals associated with the development, administration, or fulfillment of the Contest (collectively, the “Entities”) are not eligible to participate in this Contest. All applicable federal, state and local laws and regulations apply. HOW TO ENTER. Contest begins at 12:00:01 a.m. Eastern Time (“ET”) on November 13, 2007 and ends at 11:59:59 p.m. ET on January 15, 2008 (the “Contest Period”). Following the Contest Period, there will be a 14-day voting phase beginning at 12:00:01 a.m. ET on January 16, 2008 and ending at 11:59:59 p.m. ET on January 29, 2008 (the “Voting Period”). All entries must be received in the manner described in these Official Rules during the Contest Period to be eligible for prizes. Visit <www.chick-fil-a.com/biggestfan> (the “Website”) and follow the instructions to enter the Contest. Prior to entering the Contest, potential entrants must agree that any video (including all material embodied therein) submitted by them or on their behalf will become the exclusive property of Sponsor immediately upon submission. You can participate in the Contest by submitting an original video at the Website. The video can be no longer than one (1) minute in length and should creatively show why you are Chick-fil-A’s biggest fan. The video must be your original work and can be submitted in any of the following formats: WMV, QuickTime/MOV, MPEG, or AVI. Your video does not have to include any people, but if your video includes any people, you must have received their permission to use their picture, image, voice and/or likeness for the Contest prior to submitting the video. If your video includes children under the age of eighteen (18), you must have received the permission of the child’s parent or legal guardian to use the child’s picture, image, voice and/or likeness for the Contest prior to submitting the video. By submitting a video that includes pictures, images, voices, and/or likenesses of any people (including children), you represent and warrant to Sponsor that you have obtained the express permission of such people (including any child’s parent or legal guardian) to use their picture, image, voice, and/or likeness in connection with your video submission to this Contest, with the understanding that upon submission to Sponsor, the video, including all pictures, images, voices and/or likenesses contained in the video, will immediately become the sole and exclusive property of Sponsor. GENERAL RULES. Once a video has been submitted pursuant to the Contest, the entrant may not distribute, disseminate, sell, use, license, or post the video or any copies thereof in any medium (including other Internet sites) without the prior express written consent of Sponsor. All videos (including all material embodied therein) submitted to Sponsor shall automatically become the sole and exclusive property of Sponsor immediately upon submission. It may take 24 to 48 hours (or longer) for a video to be reviewed, approved, and posted on the Website. Videos submitted may or may not be posted on the Website in the sole and absolute discretion of Sponsor. Sponsor shall have absolutely no obligation to give feedback or reasoning for why a video is not posted on the Website. Sponsor shall have the sole right to reject or remove a video from the Website at any time. Videos must not infringe upon any rights of any third party including, without limitation, copyright, trademark, and rights of publicity and/or privacy. Videos cannot copy, incorporate, or include music or video from any movies, commercials, radio, television, or the Internet, unless the entrant is the lawful copyright owner thereof. Videos cannot be or contain any content that is or may be perceived as violent, immoral, offensive, illegal, pornographic, obscene, or similarly inappropriate, or that represent the Entities in a negative way or in any manner not consistent with Entities’ brand and/or reputation, as may be determined in Sponsor’s sole and absolute discretion. Videos cannot contain, include or encourage images or activities that are dangerous, unsafe, or present unreasonable risk of harm to person or property, and videos cannot suggest or imply to any person to undertake any dangerous, unsafe or unduly risky activity, as may be determined in Sponsor’s sole and absolute discretion. Videos also cannot be dangerous or unsafe to make or produce. Videos cannot contain any mention, discussion, logo, trademark, service mark, storefront, trade dress, mascot, photograph, or other image of any business or company, other than Chick-fil-A (as more particularly provided below). Such inappropriate videos are strictly prohibited, and any video in violation of the above requirements and restrictions will be deemed void. By submitting a video in the Contest, each entrant represents and warrants that these requirements have been met. Failure to satisfy these requirements, as determined in Sponsor’s sole and absolute discretion, may result in ineligibility with respect to all videos submitted by or on behalf of that entrant, as determined in Sponsor’s sole and absolute discretion. Limit one (1) video entry per registered user. Submission of multiple videos by or on behalf of the same registered user will result in ineligibility with respect to all videos submitted by or on behalf of that registered user. Sponsor and Releasees (as defined below) shall not be responsible for non-conforming, lost, late, incomplete, inaccurate, delayed, undelivered, misdirected, or illegible entries (or any component thereof) or for inaccurate entry information, whether caused by Sponsor, Administrator or participant or by any computer, technical, or human error or malfunction that may occur in the processing or judging of entries, the administration of the Contest, or in the announcement of prizes. Incomplete and/or duplicate entries are not permitted and will be deemed void. The use of any device to automate the entry process is absolutely prohibited, and any such entries shall be void. Sponsor reserves the right, in its sole and absolute discretion, to void suspect entries or to modify, cancel, terminate, or suspend any video entry should a virus, bug or other cause corrupt or impair the administration, security, or integrity of the Contest. USE OF CHICK-FIL-A MARKS. For the sole purpose of participation and entry in this Contest, Sponsor hereby grants each entrant a non-exclusive, royalty-free license to use the trademarks and copyrights owned by Sponsor and/or CFA Properties, Inc. in the creation of the entrant’s video, subject to the entry restrictions and guidelines contained in these Official Rules. This license extends only to videos submitted to Sponsor in accordance with these Official Rules. This license does not extend to videos created in connection with the Contest, but not submitted to Sponsor in accordance with these Official Rules. Use of trademarks, copyrights, and other intellectual property owned by Sponsor and/or CFA Properties, Inc. in videos or in any other form or media not submitted to Sponsor in connection with this Contest and in accordance with these Official Rules constitutes an unauthorized use and infringement of the intellectual property rights of Sponsor and/or CFA Properties, Inc. Sponsor and CFA Properties, Inc. hereby reserve all rights and remedies available to Sponsor and CFA Properties, Inc. at law or in equity to enforce these Official Rules, including, but not limited to, the enforcement of any trademark, copyright, and other intellectual property rights owned by Sponsor and/or CFA Properties, Inc. SELECTION OF FINALISTS AND WINNERS. Once the approved video is posted on the Website, entrants can ask their family, friends and others to vote for their video during the Voting Period by visiting the Website and following the voting instructions. Only those individuals who have registered and agreed to these Official Rules shall be permitted to vote and/or win. Only one (1) vote may be submitted per verified e-mail address per day. Multiple votes for a single video entry submitted by the same verified e-mail address on the same day will result in none of those votes being counted. After the Voting Period has been completed, the top ten (10) videos (“Finalists”) will be chosen by the Sponsor’s internal review panel (the “Panel”). The Panel will also select one (1) Finalist as the Grand Prize Winner (“Grand Prize Winner”). The Finalists and Grand Prize Winner will be selected based on a number of factors including, but not necessarily limited to, the number of official Internet votes received, overall quality, appearance, creativity, originality, skill, and content (which includes, specifically, how the video portrays that the entrant is Chick-fil-A’s “Biggest Fan”). The Finalists and Grand Prize Winner will be selected by the Panel on or about February 5, 2008. The Finalists and Grand Prize Winner do not have to be present at the winners’ selection. The top ten (10) videos (including the Grand Prize Winner’s video) shall be posted on <www.chick-fil-A.com> in the “Chick-fil-A Insider’s” section of the website on or about February 5, 2008. PRIZE PACKAGES. Each entrant in the Contest who has complied with all of the Official Rules will receive one (1) nine inch (9”) plush cow (Approximate Retail Value (“ARV”): $2.99) and one (1) “Be Our Guest Card” redeemable for one (1) free Chick-fil-A Combo Meal at participating Chick-fil-A restaurants (ARV: $5.00) (Combined ARV for prize package: $7.99). Each Finalist will receive: (i) free Chick-fil-A food products for one (1) year (consisting of fifty-two (52) coupons, each valid for one (1) Chick-fil-A Combo Meal, redeemable at participating Chick-fil-A restaurants) (ARV: $260.00); (ii) one (1) Chick-fil-A T-shirt (ARV: $10.00); (iii) one (1) 2008 Chick-fil-A Cow Calendar (ARV: $5.00); and (iv) one (1) thirty-six inch (36”) plush cow (ARV: $37.00) (Combined ARV for prize package: $312.00). The Grand Prize Winner will receive: (i) one (1) trip for two (2) people to Atlanta, Georgia for two (2) days and one (1) night, consisting of round-trip coach air transportation from the major airport nearest to the Grand Prize Winner’s residence in the United States or the D.C., standard hotel accommodations (one (1) room), ground transportation to and from Hartsfield-Jackson Atlanta International Airport and the hotel, and ground transportation to and from the hotel and the Chick-fil-A, Inc. corporate headquarters for a guided tour (ARV: $2,300.00); (ii) free Chick-fil-A food for forty (40) months (consisting of one hundred seventy-two (172) coupons, each valid for one (1) Chick-fil-A Combo Meal, redeemable at participating Chick-fil-A restaurants) (ARV: $860.00); (iii) one (1) Chick-fil-A T-shirt (ARV: $10.00); (iv) one (1) 2008 Chick-fil-A Cow Calendar (ARV: $5.00); and (v) one (1) thirty-six inch (36”) plush cow (ARV: $37.00) (Combined ARV for prize package: $3,212.00). NOTE: The actual prize value for the Grand Prize Winner’s prize package will vary depending on the Grand Prize Winner’s city of departure. All travel and hotel arrangements shall be determined by Sponsor in its sole and absolute discretion. All travel and hotel arrangements must be made through a designated agent of Sponsor, on a carrier of Sponsor’s choice. The Grand Prize Winner must be one of the two people taking the trip and is solely responsible for obtaining all travel documentation required. The guest of the Grand Prize Winner must travel with the Grand Prize Winner on the same itinerary and shall be required (or, if a minor, his/her parent/legal guardian shall be required) to sign and return a travel companion release and release of liability/publicity prior to issuance of travel documents (Tennessee residents need not complete the publicity release). Minors traveling with the Grand Prize Winner must be accompanied at all times by their parent/legal guardian. The trip must be taken on dates and times determined by Sponsor or this portion of the prize package shall be forfeited by participant. Sponsor shall have the right to provide ground transportation in place of air transportation if the Grand Prize Winner lives within a reasonable driving distance of Atlanta, Georgia. Certain restrictions/blackout dates may apply, and travel is subject to applicable provider’s terms and conditions. The trip may not be combined with any other offer, and travel may not qualify for frequent flyer miles or other similar credits or benefits. All other expenses not specifically mentioned herein, including but not limited to taxes and meals, are the sole responsibility of the Grand Prize Winner and/or the guest of the Grand Prize Winner. HOW TO CLAIM PRIZES. Sponsor will reasonably attempt to notify each Finalist and the Grand Prize Winner via the address, telephone number(s), and/or e-mail address provided on the entry form. If a Finalist or the Grand Prize Winner does not respond to the contact attempt within five (5) business days, or if an entrant declines the prize, Sponsor will select another Finalist and/or Grand Prize Winner, at and in a manner to be determined in Sponsor’s sole and absolute discretion. To accept and receive a prize, an entrant must complete, sign, and return an Affidavit of Eligibility (“Affidavit”) and, where lawful, Liability/Publicity Release (“Release”) (collectively, “Affidavit and Release”) within five (5) business days of receipt. If the indicated forms are not signed and returned by the time indicated on the documents, or if a Finalist or Grand Prize Winner does not meet the eligibility criteria, or is otherwise unwilling or unable to comply with these Official Rules, or cannot be contacted within the time frames set forth herein, an alternate Finalist or Grand Prize Winner may be selected at and in a manner to be determined in Sponsor’s sole and absolute discretion. PUBLICITY. Unless prohibited by law, participation in the Contest constitutes each entrant’s consent for Sponsor to use the entrant’s name (or username), age, hometown, and state of residence for Contest or promotional purposes in any media now known or later developed, without payment or consideration to the entrant. Each entrant, as a condition of participation in the Contest, hereby grants Sponsor the perpetual, worldwide right to edit, adapt, modify, reproduce, publish, distribute, and otherwise use (unless prohibited by applicable law) the video (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 other third parties. Furthermore, by submitting a video that includes pictures, images, voices, and/or likenesses of any people (including children), you represent and warrant to Sponsor that you have obtained the express permission of such people (including any child’s parent or legal guardian) for Sponsor to use their picture, image, voice, and/or likeness, as depicted in the video, 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 such people, with the understanding that upon submission to Sponsor, the video, including all pictures, images, voices, and/or likenesses contained in the video, will immediately become the sole and exclusive property of Sponsor. All people (including any child’s parent or legal guardian) shown in a video posted on the Website (or elsewhere) shall be required to execute the publicity Release granting Sponsor the foregoing rights, unless prohibited by law. PRIVACY. Sponsor will collect personal data from entrants when they enter the Contest, and this information may be used for the purposes of administering the Contest, publicizing the Contest, and other promotional purposes that benefit the Sponsor. By submitting a video pursuant to the Contest, each entrant automatically grants permission to Sponsor to use entrant’s personal data for such purposes, including, but not limited to, placing a caption on all videos posted on the Website (or elsewhere) with the entrant’s name (or username), city, and state for the purpose of family and friends confirming that they are voting for the correct video. GENERAL CONDITIONS. By participating in the Contest, each entrant agrees to be bound by these Official Rules and the decisions or interpretation of Sponsor regarding the Official Rules, which are final and legally binding in all respects. In the event that a prize cannot be awarded for any reason or a winner is not capable of redeeming a prize for any reason, Sponsor shall not be obligated to award any prize, and Sponsor reserves the right, in its sole and absolute discretion, whether or not to substitute a prize (or portion of a prize) with a prize of comparable or greater value or cash value. If, for any reason, more than the stated number of prizes are available and/or claimed, Sponsor reserves the right to award the prizes in such category by random drawing from among eligible prize claimants in such prize category or in a manner to be determined by Sponsor in its sole and absolute discretion. Non-compliance with these Official Rules shall result in disqualification from the Contest. An individual is not a winner until he/she has fully complied with these Official Rules. No transfer, assignment, cash redemption, or substitution of a prize is permitted. Prizes are not exchangeable for cash, merchandise, or services. GENERAL RELEASE AND WAIVER OF CLAIMS. By entering the Contest and/or accepting a prize, each entrant (for himself/herself and his/her heirs) hereby releases Sponsor, the Entities, and all of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, and all of their respective directors, officers, governors, employees, shareholders, and agents (collectively, the “Releasees”) from any and all liability, loss, harm, damage, cost, expense, or claims including, but not limited to, third party claims based on: (i) publicity and/or privacy rights, defamation, and intellectual property associated with the entrant or winner’s participation in the Contest, redemption of any prize in connection with the Contest, and/or use or misuse of any prize in connection with the Contest, including, but not limited to, all reasonable counsel fees and court costs incurred, property damage, personal injury, and/or death; (ii) anything related to the production, promotion, or execution of the Contest (or participation therein), including preemption, cancellation, or rescheduling; and (iii) anything that may occur in connection with acceptance and/or use of the prizes or while participating in the Contest, even if caused or contributed to by the negligence of Releasees. LIMITATIONS OF LIABILITY. Neither Sponsor nor any other Releasee shall be responsible for lost, late, incomplete, stolen, misdirected, illegible, or incomplete entries. Neither Sponsor nor any other Releasee shall be responsible for any incorrect or inaccurate information, whether caused by Sponsor, Releasees, entrants, tampering, or by any of the equipment or programming associated with or utilized in the Contest, and neither Sponsor nor any Releasee shall assume responsibility for any error, omission, defect, theft, destruction, or unauthorized access to the materials related to the Contest, or for any damage to the entrant’s computer related to or resulting from participating in the Contest. Sponsor reserves the right, in its sole and absolute discretion, to disqualify any individual found to be tampering with the entry process, the voting process, or the operation of the Contest; to be acting in violation of these Official Rules; or to be acting in a non-sportsmanlike or disruptive manner, or with intent or apparent intent to annoy, abuse, threaten, embarrass, harm, or harass, in any way, any other person. If for any reason the Contest is not capable of running as planned by reason of, but not limited to, business or market circumstances, force majeure, public health concerns, tampering, unauthorized intervention, actions by entrants, fraud, or any other causes which, Sponsor in its sole and absolute discretion, deems could corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, or the Contest is otherwise not capable of running as planned, Sponsor reserves the right, in its sole and absolute discretion, to cancel, terminate, modify, or suspend the Contest. If such malfunction, error, disruption, or damage occurs, and it impairs the administration, security, fairness, integrity, or proper play of the Contest, Sponsor may, in its sole and absolute discretion, suspend or terminate the Contest or any portion thereof by posting a notice on the Website or in participating Chick-fil-A restaurants. If the Contest or any portion of the Contest is terminated before the end of the Contest Period or the Voting Period, Sponsor will select winners or the remaining winners from all eligible entries received as of the termination date of the Contest. IN NO EVENT WILL SPONSOR OR ANY RELEASEE BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, CLAIMS, ACTIONS, DAMAGES, LOSSES, OR LIABILITY OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RESULTING FROM OR ARISING FROM PARTICIPATION IN, OR THE PRODUCTION, PROMOTION, OR ADMINISTRATION OF, THE CONTEST, OR ACCEPTANCE, POSSESSION, USE, MISUSE, OR NONUSE OF A PRIZE THAT MAY BE AWARDED. WITHOUT LIMITING THE FOREGOING, ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD ANY SUCH ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. MISCELLANEOUS. Each entry is subject to verification by Sponsor. Acceptance of a prize constitutes permission for Sponsor and its designees to use participant’s name, video, photograph, image, likeness, and/or statement in any manner and in any medium for purposes of advertising and trade without additional compensation, authorization, or remuneration, except where prohibited by law. Entrants hereby waive any right to claim ambiguity in these Official Rules. This Contest will be administered in the State of Georgia, and by participating, all entrants hereby agree that the laws of the State of Georgia will apply exclusively to the Contest and that any dispute with respect to this Contest will be resolved in either the federal or state courts located in the State of Georgia. DISCLOSURE OF WINNERS. For a disclosure of winners, send a self-addressed, stamped envelope for receipt by March 15, 2008 to: Chick-fil-A, Inc. SPONSOR: Chick-fil-A, Inc. (the “Sponsor”) ADMINISTRATOR: The Foundry Agency (the “Administrator”) CHICK-FIL-A® is a registered trademark of CFA Properties, Inc. © 2007 CFA Properties, Inc. All Rights Reserved. Printed in U.S.A. |
