NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING A PRIZE. INTERNET ACCESS REQUIRED.
ELIGIBILITY: The Popeyes Bonafide Chicken Video Contest and Sweepstakes (collectively, the "Promotion") is open only to legal residents of the 50 United States or the District of Columbia who are at least 18 years or older as of the first day of the Promotion (March 31, 2008). Void in Canada, Puerto Rico, US territories and possessions and where prohibited or otherwise restricted by law. The Sponsor, Dr Pepper/Seven Up, Inc., its employees, contractors, directors and officers, and their respective parents, subsidiaries, franchisees, divisions, affiliates, suppliers, distributors, advertising and promotional agencies, as applicable, and their respective officers, directors, shareholders, members, employees, agents, successors and assigns, and all others associated with the development, promotion, evolvement and execution of this Promotion (the "Promotion Entities"), in addition to their immediate families (defined as spouse, mother, father, sisters, brothers, sons and daughters, regardless of where they reside) and members of their households (whether related or not) are not eligible to participate in this Promotion. Participation in the Promotion constitutes each entrant's or their parent's/legal guardian's, as applicable, full and unconditional agreement to and acceptance of these Official Rules, including, but not limited to, entrant's consent to receive email messages from Sponsor in connection with the Promotion. Each Promotion entrant is referred to herein as, a "Participant." All Participants under the age of majority in his/her state of residence must have the prior permission from his/her parent/legal guardian to enter.
HOW TO ENTER VIDEO CONTEST: To enter the Video Contest portion of the Promotion (the "Video Contest"), go to http://www.bonafidechicken.com between 12:01am EST on March 31, 2008 and 11:59 pm EDT on May 23, 2008 (the "Submission Period") and follow the links and instructions to complete all the required fields provided on the registration form ("Registration Form"), upload your video ("Submission"), and click "submit" to complete. You will also be given an option to download a web application enabling you to access the Promotion from the social utility and networking site, Facebook©, during the Promotional Period. Facebook© is not a participant or Sponsor of this Promotion. All Submissions must be received by 11:59 pm EDT on May 23, 2008 (the "Submission Deadline"). Sponsor's Promotion computer is the official clock for the Promotion. Limit up to three Submissions per person and per email address. All Submissions must meet the standards set out in these Official Rules including, but not limited to, the Submission Requirements (specified below).
VIDEO SUBMISSION REQUIREMENTS:
A. Submissions must not exceed thirty (30) seconds in length and cannot exceed twenty (20) megabytes.
B. Submissions must be in the English language or be subtitled in English.
C. Submissions must be the original creation of the submitting Participant showcasing your Bonafide talent. Examples include: A Bonafide singer, dancer, poet, student, photographer, artist or any other Bonafide creative endeavor.
D. Participants agree to and understand that Submissions will be made available to the public, including but not limited to posting on the Internet. Whether or not Submissions are published on the Internet, Sponsor does not guarantee any confidentiality with respect to any Submission.
E. Participants are responsible for securing necessary permissions, talent and location releases, and licenses for any visual and audio material contained in the Submissions.
F. Submission may not contain persons under 18 years of age, depict someone smoking or intoxicated, contain an advertisement or a solicitation of any business, or include an impersonation of someone.
G. Submissions may not contain unsafe behavior or situations, profanity, nudity, pornographic images or explicit sexual themes, graphic violence, defamatory or libelous statements or material considered illegal. Submissions containing any such aspects and/or that are in violation of law or otherwise deemed by Sponsor, in its sole discretion, to be prejudicial to Sponsor or inappropriate in any way will be disqualified. Submissions determined, in Sponsor's sole discretion, to infringe on any intellectual property rights or other rights will be disqualified.
H. Each Submission must be created and entered on an individual basis only (i.e., no joint or corporate
entries or entries on behalf of any Participant).
I. Each Submission must be an original work which is under no restriction, contractual or otherwise, that will prevent Sponsor's use of the Submission and each Submission must be free of any and all liens, encumbrances and claims of third parties. Participant acknowledges, agrees and warrants that, nothing in the Submission infringes on any copyrights, confidential information, trade secrets or trademarks belonging to any person or entity other than the Participant absent a suitable license, clearance or permission agreement (proof of which is required upon submission), or violates any person's rights of privacy or publicity and that all necessary releases and permissions have been secured.
J. By uploading the Submission the participant agrees, for zero compensation, to grant to Sponsor all intellectual property rights in the Submission and each of its constituent parts, which rights include, without limitation, the Sponsor's right to publish, make available to the public and/or reproduce the Submission through any media available for the purpose of administering and conducting the Promotion. In addition, Participant warrants that any so called "moral rights" in the Submission have been waived and Participant acknowledges and agrees that Sponsor may use any ideas from any Submission or other submitted materials, whether or not Participant has been awarded a prize in connection with any such Submission or other materials.
K. Sponsor is not responsible for any expenses incurred in the production and delivery of the Submissions.
L. Any Submission that does not comply with the above restrictions or any other requirement herein is subject to disqualification and Sponsor reserves the right at its sole discretion to remove any Submission if Sponsor receives notification about any potential infringements or breaches of law or any other reason set forth herein.
Sponsor is not responsible for lost, late, incomplete, invalid, illegible or misdirected Submissions, which will be disqualified; for technical failures of any kind, including, but not limited to, electronic malfunctioning of any network, hardware or software; any failed, incomplete, garbled or delayed computer transmissions or any combination thereof; or for any error, human, technical or otherwise; or any injury or damage to Participant's or any other person's computer related to or resulting from entering, participating in, or accessing or downloading information in connection with, this Promotion. Sponsor reserves the right at its sole discretion to modify, cancel or suspend this Promotion for any reason whatsoever including, but not limited to, a computer virus, bug, or other cause beyond the control of Sponsor. In case of dispute as to the owner of a Submission, the Submission will be deemed to have been submitted by the authorized account holder of the e-mail address from which the entry is made with the only exception being if a minor submits an entry in the name of his/her parent or legal guardian. The "authorized account holder" is the natural person assigned an e-mail address by an Internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address. A selected Participant may be required to provide Sponsor with proof that he/she is the authorized account holder of the e-mail address associated with the selected Submission. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds tampering with the operation or entry process of the Promotion, or acting in violation of these Official Rules or applicable law. Submissions delayed past the Submission Deadline of the Promotion Period will not be accepted and will be destroyed.
HOW TO VOTE: Between March 31, 2008 and May 23, 2008 ("Voting Period"), log onto http://www.bonafidechicken.com to view all accepted Submissions on the viewing page. Vote for your favorite Submission by registering and selecting a Submission. Only one vote per person and per email address per day will be permitted. No person may vote by proxy for any other person. All voters will be automatically entered into the sweepstakes portion of the Promotion ("Sweepstakes").
FINALIST SELECTION: All accepted Submissions will be posted on http://www.bonafidechicken.com and can be voted upon by the general public during the Voting Period. The three (3) Submissions receiving the highest number of votes on http://www.bonafidechicken.com as of 11:59 p.m. EDT on May 23, 2008 ("Voting Deadline") will be selected as Finalists. ("Finalists").
VIDEO CONTEST WINNER SELECTION: The Video Contest Grand Prize Winner, First Place Winner, and Second Place Winner, will be selected by a panel of judges ("Judges") designated by Sponsor based on the video judging criteria ("Video Judging Criteria") set forth below, from among the three (3) Finalists on May 26, 2008. The Judges, whose decisions will be final, shall judge the Finalist videos according to the following Judging Criteria:
• 25% based on creativity
• 25% based on originality
• 25% based on humor
• 25% based on how well the overall video showcases the Finalists' Bonafide talent.
The Video Contest Grand Prize Winner will be announced on the website on May 27, 2008. The Video Contest Grand Prize Winner will be awarded a Grand Prize Package ("Grand Prize Package"): (a) One (1) Apple® 8GB iPod® Nano® digital device each (ARV $200), (b) "Popeyes for a Year" (consisting of one 52 week voucher worth $520 redeemable at participating Popeyes locations), and (c) A Grand Prize Trip ("Grand Prize Trip") for Grand Prize Winner and a companion to Grand Prize Winner's choice of exactly ONE of the following cities (ARV $2500): New Orleans, Louisiana, New York, NY, Las Vegas, NV, Chicago, IL, Vail, CO, Los Angeles, CA, or Miami, FL. as more fully described below, and (d) A selection of Popeyes branded merchandise including a T-Shirt, shoulder bag, water bottle, koozie, and mouse pad (ARV $35.00). The total ARV of the Grand Prize Package is $3,055.
The First Place and Second Place Winners will be announced on the website on May 27, 2008 and will each be awarded (a) One (1) Apple® 8GB iPod® Nano® digital device each (ARV $200), and (b) "Popeyes for a Year" (consisting of one 52 week voucher worth $520 redeemable at participating Popeyes locations). The total ARV of the First and Second Place prizes is $1,440.
Names of manufacturers are used for purposes of prize description only and such use is not intended to suggest or imply the manufacturer's sponsorship, endorsement, or the approval of this Promotion. Apple is not a participant or sponsor of this Promotion.
The Grand Prize Trip includes: Round-trip coach air transportation for two from the major US gateway airport nearest the winner's residence to the destination, and Two (2) nights first-class hotel accommodations (double occupancy). The Grand Prize Trip winner is responsible for transportation to and from the major US gateway airport and his/her residence and for all ground transportation at the destination. All travel arrangements must be made by Sponsor or Sponsor's agent. Winner of the Grand Prize Trip must arrange travel at least 14 days in advance and winner and his/her travel companion must travel together on the same itinerary. Exact travel times are subject to availability. All other expenses not specifically identified in these Official Rules are the sole responsibility of the winner. A Participant eligible to win a Grand Prize Trip will be required to execute an Affidavit of Eligibility, a Liability Release (where legal), and a Publicity Release ("Affidavit/Release"), except where prohibited. If the winner of the Grand Prize Trip is a minor, his/her travel companion must have reached age of majority in his/her state of residence and will be required to execute and return a liability/publicity release (unless prohibited by law) prior to the date of travel. If a potential winner is a minor in his/her jurisdiction of primary residence, potential winner's parent/legal guardian must execute all documents and agree to all obligations and undertakings required of the potential winner in these Official Rules, both on behalf of himself/herself and the potential winning minor. Failure to comply with these requirements may cause the prize to be forfeited and awarded to an alternate winner. Prize may be awarded in the name of, or to, the parent/legal guardian of a minor winner. The Grand Prize Trip will be forfeited if winner is unable to travel by December 31, 2008. If air travel is not needed, in the sole opinion of the Sponsor ground transportation may be substituted for the air travel, and there will be no cash alternative. If the winner of the Grand Prize Trip chooses to not take a travel companion, then the travel companion elements will be forfeited and the remaining elements shall constitute full satisfaction of the Grand Prize Trip. Travel changes will not be accepted after reservations have been booked. Promotion Entities are not responsible if the Grand Prize Trip, or any part thereof, cannot be awarded due to travel cancellations, delays or interruptions due to any acts of God, action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor's sole control, and shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the air carrier(s), hotel(s), or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. The Promotion Entities will be held harmless for any liability, loss, injury or damage, including, without limitation, personal injury, death or damage to personal or real property, to entrant or any other person or entity due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use or misuse of any prize (including any travel or activity related thereto).
HOW TO ENTER THE SWEEPSTAKES: A video Submission is not required to enter the Sweepstakes. To enter the Sweepstakes, visitors to http://www.bonafidechicken.com must (1) complete and submit the online Registration Form prior to the expiration of the Voting Deadline and (2) vote for their favorite video Submission. Each registered voter will be automatically entered into the Sweepstakes drawing. Limit one (1) entry per person and per email address per day. Sponsor will not verify receipt of entries. A random drawing from amongst all eligible Sweepstakes entries received will be held on May 27, 2008 and exactly one Sweepstakes Prize Package ("Sweepstakes Prize Package") consisting of (a) One (1) Apple® 8GB iPod® Nano® digital device each (ARV $200), and (b) "Popeyes for a Year" (consisting of one 52 week voucher worth $520 redeemable at participating Popeyes locations) will be awarded. ARV of Sweepstakes Prize Package is $720. Odds of winning depend on the number of eligible entries received. Any applicable taxes on any prize are solely the responsibility of the winner.
The combined total value of all prizes available to be won in the Promotion is estimated at $5,215 USD. There are no cash alternatives to any prize. Please allow 6 to 8 weeks delivery of any prizes.
All winners will be notified within thirty (30) days after the selection of such winner by telephone, e-mail or mail. In order to receive any prize, the winning Participant or his/her parent/legal guardian, as applicable, must complete and return to us an Affidavit of Eligibility and a Liabilities/Publicity Release Form, except where prohibited by law, within seven (7) days of receipt of notification as a potential winner. Failure to return the signed Affidavit and Release within seven (7) days may result in forfeiture of the prize, except where prohibited by law. All prize awards are subject to verification, eligibility and compliance with these Official Rules. If a potential winner cannot be contacted within seven (7) days of the first attempt to contact him/her, or if he/she fails to return the signed Affidavit and Release within seven (7) days, where legal, or if the potential winner is deemed ineligible for any other reason in Sponsor's sole discretion, the potential winner will be disqualified. In the event of the disqualification of any Promotion winner, an alternate winner, as applicable, will be selected in his/her place by random drawing amongst all remaining eligible entries received, as applicable. In the event of the disqualification of any Grand Prize Winner or any First Prize Winner, an alternate winner will be selected in his/her place by selecting the Submission with the highest number of valid votes, recorded as of the Voting Deadline, sequentially following such disqualified Participant.
GENERAL: The Promotion Entities reserve the right to terminate, cancel, suspend and/or modify the Promotion without liability and without prior notice if any factor interferes with its operation as contemplated by these Official Rules, including but not limited to any fraud, virus or other technical problem which corrupts the administration, security, or proper operation of the Promotion. Only one prize may be collected per household (same family name, same address). CAUTION; ANY ATTEMPT BY PARTICIPANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. The use of automated or third party software or another web site not approved by Sponsor in order to register or enter this Promotion is prohibited. Any questionable activity that increases votes for a Submission will result in disqualification or similar action. Sponsor reserves the right, in its sole discretion, to disqualify any Participant who is suspected of tampering with the Submission, voting or selection process.
Except in the cases of death or personal injury caused directly by the intentional misconduct or gross negligence of the Promotion Entities, the Promotion Entities shall have no liability and shall be released and held harmless by Participant(s) or his/her parent/legal guardian, as applicable, for any damage, loss or liability to person or property, including without limitation any claim for infringement of intellectual property rights, due in whole or part, directly or indirectly, by reason of the acceptance, possession, use or misuse of any prize or participation in this Promotion. Participants assume all risk of loss, damage, destruction, delay or misdirection of mail or email or any Submission submitted to Sponsor. All prizes are awarded upon the condition that the Promotion Entities shall have no liability whatsoever, subject to the limitations set forth herein, and shall be held harmless for any injuries, losses, or damages of any kind to persons or property, including death, sustained, in whole or in part, directly or indirectly, in connection with or resulting from acceptance, possession or use/misuse of any prize, or participation in the Promotion and any Promotion related activities and further acknowledge that said parties have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose.
All personal information that Participants submit will be subject to Sponsor's privacy policy. In the event of any discrepancy between Sponsor's privacy policy and these Official Rules, the privacy policy will govern and control. For a copy of Sponsor's full on-line privacy policy please visit www.popeyes.com.
No cash or other substitution may be made, except by Sponsor, who reserves the right, in its sole discretion, to substitute a prize with another prize of greater or equal value in the event that any particular prize is unavailable or cannot otherwise be awarded as described.
Any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration (where legal). Claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorney's fees.
Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Georgia without giving effect to any choice of law or conflict of law rules (whether of the State of GA or any other jurisdiction). Should any provision of these Official Rules be deemed unenforceable or invalid, the other provisions of these Official Rules shall remain in full force and effect.
Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
DMCA: Sponsor complies with the provisions of the Digital Millennium Copyright Act (DMCA). In compliance with the DMCA, a Designated Agent has been established with proper documentation sent to the US Copyright Office.
If you have a concern regarding the use of copyrighted material on any web site, please contact the agent designated to respond to reports alleging copyright infringement.
The designated agent for Sponsor to receive notification of claimed infringement under Title II of the DMCA is: A. Mitchell, Brandmovers, Inc., 2120 Powers Ferry Road, Suite 300, Atlanta, GA 30339.
DMCA Claims
The DMCA specifies that all infringement claims must be in writing (either electronic mail or paper letter) and must include the following:
• A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf;
• A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• A description of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Official Rules and Winners List: For a copy of the Official Rules or list of prize-winners, which shall be available after June 1, 2008, please send a separate, self-addressed stamped envelope to: Popeyes Bonafide Chicken Video Contest and Sweepstakes, c/o Brandmovers, PO Box 723188, Atlanta, GA 31139
Sponsor: AFC Enterprises, Inc. 5555 Glenridge Connector, NE, Suite 300 Atlanta, GA 30342