SUMMERTIME ART CONTEST 2021 - Woodies Wash Shack

 
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SUMMERTIME
                           ART CONTEST 2021
                                     Official Contest Rules

The following are the Official Rules for entering into the Summertime Art Contest (“Contest”).
No purchase necessary to enter or win. Please read the rules and the procedures in order to apply
properly. If you have any questions regarding the Theme and its interpretation, please contact us
at jbeadle@woodieswash.com.

By participating in the Contest or otherwise submitting a Submission, you agree to be bound by
these Official Rules and you have all authority necessary to bind yourself (and, if you are employed
by or otherwise represent an advertising agency or other legal entity, that entity) to these Official
Rules. For purposes of these Official Rules, the term “Entrant” means you individually and, if you
are employed by or otherwise represent an advertising agency or other legal entity, that entity.

1. CONTEST VOID WHERE PROHIBITED.

2. ELIGIBILITY: The Contest is open to all persons in the United States, and the District of
Columbia, and who are at least eighteen (18) years of age at the time of entry. Employees of
Sponsor, its affiliates and subsidiaries, participating advertising and promotion agencies and prize
suppliers (and members of their immediate family and/or those living in the same household of
each such employee) are not eligible. Subject to all applicable federal, state, provincial, municipal,
territorial and local laws and regulations.

3. HOW TO ENTER: Visit the website of Summertime Promotions, LLC (“Sponsor” or “STP
LLC”), at www.woodieswash.com, complete the Contest Registration Entry Form in its entirety,
and upload Entrant’s Artwork to be entered into the Contest (“Submission”). By sending the
Submission, Entrant agrees that it conforms to the Submission Guidelines and Content Restrictions
as defined in these terms. The Sponsor, in its sole discretion, may remove any Submission and
disqualify it from the Contest if it believes, in its sole discretion, that the Submission fails to
conform to the Guidelines and Restrictions. All qualified Submissions will be viewed, judged and
handpicked by an authorized agent of Sponsor. Submissions will not be returned.

4. TIMING: The Contest Period begins on the May 23, 2021, at 7:00 am EST and ends on the
June 19, 2021, at 11:59 pm EST. Submissions that are submitted before or after the Contest Period
may be disqualified by Sponsor.

5. THEME OF SUBMISSION: The Theme of the Submission should show the following:
Check out https://www.woodieswash.com for some inspiration and our Instagram
(Woodieswashshack).
6. SUBMISSION GUIDELINES: By sending the Submission, Entrant agrees that it conforms to
the following Submission Guidelines:

   a.   Each Submission must include a fully complete Contest Registration Entry Form.
   b.   Each Submission must include original artwork based on the Theme.
   c.   Each Submission must be JPG file.
   d.   Each Submission must be at least 300 DPI resolution, and file size under 10 MB.
   e.   Each Submission must not contain images which are framed or contain watermarks.
   f.   Each Submission must be identified, as done in the Contest Registration Entry Form.
   g.   Each Submission cannot have been submitted previously in a promotion of any kind or
        exhibited or displayed publicly through any means.

7. CONTENT RESTRICTIONS: By sending the Submission, Entrant agrees that it conforms to
the following Content Restrictions:

   a. Each Submission must not include an identifiable person or persons.
   b. Each Submission must not contain material that violates or infringes another’s rights,
      including but not limited to privacy, publicity or intellectual property rights, or that
      constitutes copyright infringement.
   c. Each Submission must not disparage Sponsor, or any other person or party affiliated with
      the promotion and administration of this Contest.
   d. Each Submission must not contain any other brand names, logos, trademarks or trade
      dress other than the WOODIES WASH SHACK brands, names, logos and trade dress.
   e. Each Submission must be wholly original to Entrant and not published elsewhere. If
      there is any question about authenticity, Sponsor reserves the right to demand proof of
      authorship. If proof of authorship is not provided, Sponsor reserves the right to
      disqualify the Submission.
   f. Entrant is the sole owner of all rights in and to any and all portions of the Submission. The
      Submission or any part thereof has not previously been licensed, sold, assigned, or
      transferred to another by Entrant. The Entrant has full capacity, power and authority to
      make an assignment of the copyrights in and to the Submission.
   g. Each Submission must not contain material that is inappropriate, indecent, obscene,
      hateful, tortuous, defamatory, slanderous or libelous.
   h. Each Submission 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.
   i. Each Submission must not contain material that is unlawful, in violation of or contrary to
      the laws or regulations in any jurisdiction where Submission is created.

8. INTELLECTUAL PROPERTY: Entrant agrees that participation in this Contest, or otherwise
making a Submission, constitutes and signifies Entrant’s agreement and consent to the following:
    a. Entrant conveys, assigns and transfers the Submission, solely and exclusively, to STP LLC,
       its successors and assigns, all right, title and interest, throughout the world, in and to the
       Submission and the copyrights in the Submission, including, but not limited to, (i) the full
       and undivided ownership of all rights, including moral rights, in and under the copyright
       on the Submission (including the right to sue for past infringement, as well as all rights
conferred under United States copyright law and all subsequent amendments thereto, all
        rights conferred by other states, nations, countries, and territories throughout the world,
        and such other rights as may be conferred or created by law or international arrangement
        or convention in any part of the work), (ii) the sole right to reproduce, adapt, and prepare
        derivative works, distribute, perform, and publicly display the Submission, (iii) the sole
        right to use the Submission for any and all purposes, including, but not limited to,
        merchandising, and (iii) the right to assign or license, exclusively or non-exclusively, the
        Submission; to have and to hold all of the rights stated in this paragraph unto STP LLC, its
        successors and assigns, for the full duration afforded by law for all such rights and any
        renewal or extensions thereof. Entrant agrees, if necessary, Entrant will sign any necessary
        documentation that may be required by the Sponsor or its designees to complete this
        assignment.
   b.   With respect to the Submission produced under this Agreement, and in consideration of
        the procedures and remedies specified in this Agreement, Entrant hereby waives any and
        all claims, arising at any time and under any circumstances, against STP LLC, its officers,
        agents, employees, successors and assigns, arising under the federal Visual Artists Rights
        Act (17 U.S.C. §§106A and 113(d)), and any other local, state, federal or international laws
        that convey rights of the same nature as those conveyed under 17 U.S.C. §106A or any
        other type of moral right protecting the integrity of works of art.
   c.   In the event that STP LLC’s use of the Submission creates trademark, service mark or trade
        dress rights in connection with STP LLC goods and services, STP LLC shall have an
        exclusive and irrevocable right in such trademark, service mark, or trade dress.
   d.   Entrant accepts and acknowledges that Sponsor shall not be obligated to use the
        Submission and that Sponsor in its sole discretion shall have the right to refrain from using
        the Submission.
   e.   Sponsor and its designees may use the Entrant’s name, city, state, province, likeness, photo,
        Submission and/or prize information in connection with the Contest 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.
   f.   Entrant accepts and acknowledges that Sponsor shall not incur any liability whatsoever to
        the extent Sponsor chooses to refrain from any exploitation of its rights hereunder.

9. JUDGING CRITERIA: The Submission will be judged based on the following elements of
artistic expression:
    a. Interpretation and clarity of the Theme.
    b. Creativity, uniqueness, and originality of the Theme.
    c. Quality of artistic composition and overall design based on the Theme.
    d. Color and tone.
    e. Balance of images within the Submission.
    f. Overall impression of the Submission.
    g. Overall appearance of the Submission.

10. WINNERS: On or about the week of June 28th, 2021, the Sponsor will announce the winners
of the Contest on Sponsor’s website. Also, the winners will be notified by email, mail or telephone
during week of June 28th, 2021. The winners may be required to execute and return to Sponsor,
within three (3) days of the date notice, or attempted notice, is sent, a Declaration of Eligibility,
Liability & Publicity Release (“Declaration”). If a potential winner (a) cannot be contacted within
a reasonable time period, (b) fails to execute and return the Declaration within the required time
period, (c) is not in compliance with these Official Rules, or (d) prize or prize notification is
returned as undeliverable, such potential winner forfeits the prize. If the winners are disqualified
for any reason, the prize may be awarded to the runner-up, if any, at Sponsor’s sole discretion.
Only three (3) alternate winners will be selected through this process, after which the applicable
prize will remain un-awarded. All prize details are at Sponsor’s sole discretion. Winners will
receive:

   a. First Prize Winner will receive $1,000.00.
   b. Second Prize Winner will receive $750.00.
   c. Third Prize Winner will receive $500.00.

11. LIABILITY FOR USE OF PRIZE: By accepting the prize, the winner agrees that the Sponsor
and its respective parent, subsidiaries, and affiliate companies, and each of their respective
directors, employees, and agencies will be released and held harmless for any injuries, losses, or
damages of any kind related in any way or sustained in connection with the acceptance, use or
misuse, of the prize. The Sponsor has neither made, nor is in any manner responsible or liable for,
any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any
prize, regarding the use, value or enjoyment of the prize.

12. GENERAL CONDITIONS: Sponsor reserves the right to cancel, suspend and/or modify the
Contest, or any part of it, if any fraud, technical failures or any other factor impairs the integrity
or proper functioning of the Contest, as determined by Sponsor in its sole discretion. If terminated,
Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible
Submissions received up to time of such action using the judging procedure outlined above.
Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be
tampering with the Submission and voting, or the operation of the Contest or to be acting in
violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive
manner and void all associated Submissions. Any attempt by any person to deliberately undermine
the legitimate operation of the Contest may be a violation of criminal and civil law, and, should
such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including
attorneys’ fees) from any such person to the fullest extent permitted by law. Sponsor’s failure to
enforce any term of these Official Rules shall not constitute a waiver of that provision.

13. TERMINATION OR DISQUALIFICATION: Entrant agrees the Termination of the Contest,
Entrant’s forfeiture of any prize, and/or the disqualification of Entrant by Sponsor, does not affect
the validity and/or enforceability of these Office Rules and the terms of this Agreement shall
remain in full force and effect.

14. LIMITATIONS OF LIABILITY: By participating in the Contest, Entrant agrees to release
and hold harmless the Sponsor, and each of their respective parents, subsidiaries, affiliates,
advertising and promotion agencies, other companies associated with the Contest, and each of their
respective officers, directors, employees, shareholders, representatives, and agents (the Released
Parties) from and against any claim or cause of action arising out of participation in the Contest or
receipt or use of the prize (including any travel or activity related thereto), including, but not
limited to: (a) any technical errors associated with the Contest, including lost, interrupted or
unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other
connections, availability or accessibility or miscommunications or failed computer, satellite,
telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled,
delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or
difficulties; (b) unauthorized human intervention in the Contest; (c) mechanical, network,
electronic, computer, human, printing or typographical errors; (d) application downloads, (e) any
other errors or problems in connection with the Contest, including, without limitation, errors that
may occur in the administration of the Contest, the announcement of the winners, the cancellation
or postponement of the event, the incorrect downloading of the application the processing of
entries application downloads or in any Contest -related materials; or (f) injury, death, losses or
damages of any kind, to persons or property which may be caused, directly or indirectly, in whole
or in part, from Entrant’s participation in the Contest or acceptance, receipt or misuse of the prize
(including any travel or activity related thereto). Released Parties are also not responsible for any
incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any
equipment or programming associated with or utilized in the Contest.

15. DISPUTES: Except where prohibited, Entrant agrees that: (a) any and all disputes, claims
and causes of action arising out of or connected with this Contest or any prize awarded shall be
resolved individually, without resort to any form of class action (b) any and all claims, judgments
and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with
entering this Contest, but in no event attorneys’ fees; and (c) under no circumstances will entrant
be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive,
incidental and consequential damages and any other damages, other than for actual out-of-pocket
expenses, and any and all rights to have damages multiplied or otherwise increased. All issues
and questions concerning the construction, validity, interpretation and enforceability of these
Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the
Contest, shall be governed by, and construed in accordance with, the laws of the State of Florida,
U.S.A. without giving effect to any choice of law or conflict of law rules (whether of the State of
Florida, U.S.A. or any other jurisdiction), which would cause the application of the laws of any
jurisdiction other than the State of Florida, U.S.A..
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