Official Contest Rules
These Official Contest Rules (the "Rules") apply to contests (each, a "Contest") run by Propeller Enterprises, a California benefit corporation ("Propeller"). In addition to these Rules, each Contest will be subject to additional Contest-specific rules ("Contest Rules"). Any reference herein to the Rules shall be deemed to include the applicable Contest Rules unless the context requires otherwise. A Contest may be run by Propeller in conjunction with one or more sponsors (each, a "Sponsor"), as may be set forth in the applicable Contest Rules. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY.
The Rules set forth the legally binding terms regarding Propeller Contests. By participating in a Contest, you are accepting and agreeing to the Rules, and you represent and warrant that you have the right, authority, and capacity to agree to the Rules. If you do not agree to any part of the Rules, you may not enter or participate in any Contest.
1. ELIGIBILITY AND METHOD OF ENTRY.
Except as otherwise noted, and subject to any additional requirements set forth, in the applicable Contest Rules, Contests are open only to (a) natural persons who are at least the age of 18 at the time of entry, (b) who are residents of the United States or Canada, and (c) who have a Propeller account in good standing. Employees of Propeller or of any Sponsor, and any of their respective owners, affiliates, directors, subsidiaries, or franchisees, and their respective immediate family members, are not eligible to participate in any Contest. All federal, state and local laws and regulations apply. Void where prohibited.
In the event of a dispute as to the identity of any entrant, the authorized account holder of the email address associated with the winning Propeller account will be deemed to be the entrant. The "authorized account holder" is the natural person assigned an email address by an internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder.
The decisions of Propeller will be final and binding in all matters related to each Contest.
You may enter each Contest only one time. Any of the following will void your entry into a Contest and/or will result in the suspension or termination of your Propeller account:
i. Entering more than the number of times permitted, including without limitation by using multiple email addresses, identities, or devices in an attempt to circumvent the Rules;
ii. An inaccurate, incomplete, or untimely entry, or an entry that does not comply with the Rules;
iii. Any entry containing responses procured through cheating, fraud, deception, or unfair practices, each as determined by Propeller in its sole discretion;
iv. Any violation of the Rules or Propeller's Terms of Service.
2. PRIZES AND APPROXIMATE RETAIL VALUE ("ARV"). Contest prizes and approximate retail value will be set forth in the applicable Contest Rules. Unless otherwise noted therein, no Contest is affiliated with or sponsored, endorsed, or approved by any manufacturer or provider of any prize for a Contest.
3. AWARD OF PRIZE.
a. Potential winners will be notified via telephone and/or e-mail within ten (10) business days of the close of the applicable Contest ("Prize Notification"). To claim a prize, a potential winner must reply to Propeller within the time indicated in the Prize Notification, or Propeller may award the prize to the "Runner-Up", i.e. the entrant that next satisfies all of the Contest conditions or the next highest scoring entrant or the like, as appropriate for the applicable Contest. For the avoidance of doubt, there may be successive Runners-Up, e.g. if the initial potential winner is ineligible, and then the first Runner-Up is ineligible, the next Runner-Up who is eligible would be awarded the prize.
b. Before awarding a prize, Propeller may require a potential winner to furnish proof of identification and other proof of eligibility under the Rules. A potential winner will also be required to execute and deliver a tax acknowledgement form and an Affidavit of Eligibility and Publicity Release, pursuant to which a potential winner will grant Propeller and any Sponsors certain rights to use his or her name, likeness, photographs, biographical information, and other publicity rights as specified therein. If the applicable jurisdiction of a Contest prohibits the conditioning of participation in a Contest on consent and release regarding publicity, such potential winner must object to Propeller in writing during the Verification Period. Proof of identification may include satisfactory proof that the potential winner is the authorized account holder of the email and Propeller account associated with the winning submission. If multiple persons claim to be a potential winner, and a single authorized account holder is unable to be timely verified, the prize will be forfeited.
c. Except if the applicable jurisdiction of a Contest prohibits the conditioning of participation on potential winner's submission to a background check, Propeller reserves the right to conduct a background check on potential winners as a condition of awarding any prize.
d. Except where prohibited by law, regardless of whether a background check is performed, Propeller and any Sponsors reserve the right to disqualify a potential winner from a Contest if Propeller and/or a Sponsor determine in their sole discretion that potential winner's receipt of a prize or publicity in connection with a Contest could reflect negatively on, or harm the business or reputation of, either Propeller or a Sponsor. You agree to reasonably cooperate with Propeller and any Sponsors in connection with any such background check.
e. A potential winner must execute and return all documents within ten (10) business days from the date they are sent, or the prize may be forfeited (the "Verification Period").
f. If a potential winner is found to be ineligible or not in compliance with the Rules, declines to accept the prize, is unable to be reached by Propeller or does not timely respond to Propeller, or in the event that a prize or Prize Notification is returned undeliverable, the potential winner will forfeit the prize, and Propeller may, in its sole discretion, award the prize to the next Runner-Up.
g. Allow at least 8-12 weeks for delivery of prizes, which will be mailed to the address provided by the potential winner after Prize Notification.
h. The right to receive a prize is non-assignable, non-transferable and no prize substitution, exchange or cash equivalent will be allowed, except by Propeller, which reserves the right to substitute a prize of equal or greater value in its sole discretion.
i. Federal, state and local taxes, if any, are your sole responsibility. All winners of prizes valued at $600 or more will be issued an IRS Form 1099.
j. If a prize includes travel, all decisions regarding the itinerary will be made by Propeller at its sole discretion. All expenses not specified in the applicable Contest Rules, including, but not limited to, baggage fees, ground transportation & fuel, meals, beverages, gratuities, incidentals, and taxes, are the sole responsibility of the winner. The winner and any travel companions are solely responsible for satisfying all legally required conditions of travel. The winner and any travel companions must travel on the same itinerary and from the same departure location. If the winner lives within a 150-mile radius of the location where the prize is to take place, Propeller reserves the right to provide ground transportation instead of airfare (if airfare is offered as part of the applicable prize).
k. Any unused portions of a prize are not transferable or exchangeable and cannot be redeemed as cash.
5. FACTORS AFFECTING PERFORMANCE; TEAMS; ASSISTANCE.
You acknowledge and agree that some Contests may be of a nature that would permit you and other entrants to work with others as a team or receive assistance from third parties unaffiliated with Propeller. Notwithstanding the foregoing, only the entrant whose Propeller account is used to submit an entry shall be deemed the entrant to the Contest and shall be entitled to receive a prize. If a Contest is of a nature that submissions could be reused for multiple entries, you agree that such reuse is strictly prohibited. You acknowledge that persons working on a team, if applicable, may have an advantage over an entrant working alone, e.g. if the winner is chosen based on the first entrant to complete a task or submit a correct answer.
6. PRIVACY AND DATA COLLECTION.
7. INTELLECTUAL PROPERTY.
When you submit any photo, answer, drawing, or any other materials to us in connection with a Contest (collectively, "Materials"), you are granting Propeller and the other Released Parties a worldwide, non-exclusive, perpetual, royalty-free right and license to copy, use, distribute, and otherwise exploit in any manner such Materials, in whole or in part, in any manner in any media now known or hereafter discovered. Propeller shall have no obligation to use any Materials in any manner.
You represent and warrant to Propeller that all Materials will comply in all respects with the requirements of the "CONTENT FROM YOU" Section of Propeller's Terms of Service.
8. LIMITATION OF LIABILITY.
By entering a Contest, you waive all right to, and hold the Released Parties harmless from, any claim, liability, loss, damage (including punitive, incidental, and consequential damages), or expense (including attorneys' fees) arising out of or in connection with participation in a Contest or the acceptance, use, or misuse of any prize. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. None of Propeller or any Sponsor or any of their respective owners, affiliates, directors, subsidiaries, and franchisees, or any other persons or organizations responsible for sponsoring, fulfilling, administering, or advertising the Contest or any prize (collectively, the "Released Parties"), shall be responsible for, and hereby disclaim any and all liability for: illegible, lost, late, incomplete, misdirected, or undeliverable entries; any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; garbled, corrupt or jumbled transmissions; service provider/Internet/web site/use net accessibility, availability, or traffic congestion; any technical, typographical, or other error; unauthorized human intervention; the incorrect or inaccurate capture of registration or entry information; the failure to capture, or loss of, any such information; use of any Materials; or any physical injury or death resulting from participation in any Contest. If, for technical reasons or due to any other fact or circumstance beyond Propeller's reasonable control, a Contest is not capable of running as planned by Propeller, Propeller reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest without any liability.
9. BINDING NATURE, WAIVER, INDEMNIFICATION.
By entering a Contest, you agree: (a) to be bound by the Rules and by all applicable laws and by all decisions of Propeller, which shall be binding and final; (b) to waive any rights to claim ambiguity with respect to the Rules; (c) to waive all of your rights to bring any claim, action, or proceeding against any of the Released Parties in connection with the Contest; and (d) to forever and irrevocably agree to release, defend, indemnify, and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability costs and expenses (including, without limitation, reasonable outside attorneys' fees) that may arise in connection with: (i) the Contest, (ii) typographical or printing errors in the Rules or any other Contest materials, (iii) any change in any prize (or any components thereof) due to unavailability, or due to reasons beyond Propeller's control, (iv) any interruptions in or postponement, cancellation, or modification of the Contest, (v) human error, (vi) incorrect or inaccurate transcription, receipt or transmission of any entry, (vii) any technical malfunctions or unavailability of any telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Released Parties or by you, (viii) interruption or inability to access any online service via the Internet due to hardware or software compatibility problems, (ix) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (x) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries, (xi) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties, (xii) lost, late, stolen, misdirected, damaged or destroyed prizes (or any element thereof), or (xiii) negligence or willful misconduct by you.
10. DISPUTE RESOLUTION.
YOU AGREE THAT: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE RULES, ANY CONTEST, OR ANY PRIZES AWARDED OR NOT AWARDED (COLLECTIVELY, "DISPUTES"), SHALL BE RESOLVED EXCLUSIVELY ON AN INDIVIDUAL BASIS, WITHOUT RESORTING TO ANY FORM OF CLASS ACTION, PURSUANT TO BINDING CONFIDENTIAL ARBITRATION CONDUCTED UNDER THE ARBITRATION RULES OF ADR SERVICES, INC. ("ADR") THEN IN EFFECT, TO TAKE PLACE IN LOS ANGELES, CALIFORNIA BEFORE A SINGLE NEUTRAL ARBITRATOR WORKING UNDER THE AUSPICES OF ADR; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THE CONTEST, BUT IN NO EVENT ATTORNEYS' FEES; AND (3) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN AWARDS FOR, AND YOU HEREBY WAIVE ALL RIGHTS TO CLAIM, 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. THE PARTIES AND THE ARBITRATOR SHALL MAINTAIN THE CONFIDENTIAL NATURE OF THE ARBITRATION PROCEEDINGS AND RESOLUTION THEREOF, EXCEPT AS MAY BE NECESSARY TO PREPARE FOR OR CONDUCT THE ARBITRATION PROCEEDINGS, AND EXCEPT IN CONNECTION WITH A COURT APPLICATION FOR A PRELIMINARY REMEDY, A JUDICIAL CHALLENGE TO AN ARBITRATION AWARD OR ITS ENFORCEMENT, OR UNLESS OTHERWISE REQUIRED BY LAW OR JUDICIAL DECISION. ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THE RULES, OR THE RIGHTS AND OBLIGATIONS OF ANY OF THE PARTIES IN CONNECTION WITH THE CONTEST, SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW, RULES OR PROVISIONS (WHETHER OF THE STATE OF CALIFORNIA OR ANY OTHER JURISDICTION) THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THE STATE OF CALIFORNIA. NOTWITHSTANDING ANY OF THE FOREGOING TO THE CONTRARY, IF A CLASS OR OTHER REPRESENTATIVE ACTION IS PERMITTED, NEITHER PARTY SHALL BE ENTITLED TO ARBITRATION UNDER THIS SECTION. IF ARBITRATION IS UNAVAILABLE OR UNENFORCEABLE FOR ANY REASON, EACH OF THE PARTIES HEREBY IRREVOCABLY AND UNCONDITIONALLY SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN LOS ANGELES COUNTY, CALIFORNIA, AS WELL AS TO THE JURISDICTION OF ALL COURTS FROM WHICH AN APPEAL MAY BE TAKEN THEREFROM, FOR ALL DISPUTES. ANY AND ALL OBJECTIONS THAT ANY PARTY MAY HAVE REGARDING VENUE IN ANY SUCH COURT IS HEREBY WAIVED.
The Rules are subject to and incorporated by reference within Propeller's Terms of Service. If there is any conflict between the Terms of Service and the Rules, the Rules take precedence in relation to the Contest. If there is any conflict between these Rules and any Contest Rules, the Contest Rules shall take precedence in relation to the applicable Contest. If any provision of the Rules becomes or is declared by an arbitrator or by a court of competent jurisdiction to be illegal, unenforceable or void, portions of such provision, or such provision in its entirety, to the extent necessary, shall be severed from the Rules, and such arbitrator or court will replace such illegal, void or unenforceable provision of the Rules with a valid and enforceable provision that will achieve, to the extent possible, the same economic, business and other purposes of the illegal, void or unenforceable provision. The balance of the Rules shall be enforceable in accordance with their terms.
12. WINNERS' LISTS.
For a list of prize winners for a Contest, write your name and address on a 3"x 5" card and mail it in an envelope to: Propeller Enterprises, PO Box 160491, Nashville, TN 37216. Please specify the name of the Contest. Requests for a copy of the winners' list will only be accepted after the end of the Contest, and requests must be received no later than thirty days after such date. Propeller shall respond to complete and timely requests for winners' lists as soon as reasonably practicable following finalization of all winners for the Contest.
[end of Official Contest Rules]