LEGAL MUMBO-JUMBO (NO, THAT'S NOT OUR LATEST FLAVOR)
Ever wonder why people don’t paint their faces and cheer for lawyers? Maybe because they wear suits all the time and make us write things like, “free and clear of all claims and encumbrances.” Blah blah, blah, blah blah. So, grab a bowl of Perry’s and settle in. Because even fans have to play by the rules.
OFFICIAL CONTEST RULES. NO PURCHASE NECESSARY. YOU HAVE NOT YET WON. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING
- CONTEST PERIOD: The Search for the Ultimate Bills Fan Contest (“Contest”) begins 12:00 AM Eastern Time (“ET”) 6/15/2009 and ends 11:59 PM ET on 8/25/2009 (“Contest Period”).
- HOW TO ENTER/ SECOND PRIZE WINNER DETERMINATION: To enter the Contest, visit www.ultimatebillsfan.com (“Contest Website”) during the Contest Period, complete the online Contest Entry Form and submit a photo of yourself (you must be the only person pictured in the photo) along with a brief essay (in 100 words or less) describing why you feel you are the Buffalo Bills 'ultimate fan" (“Entry”). All Entries must be received by 11:59 PM ET on 8/25/2009. The first 500 eligible online entrants who complete all required entry information beginning 12:00 a.m. ET on June 15, 2009 through 11:59 p.m. ET on August 25, 2009, will receive a prize. Second Prize winner determination will be made by Sponsor, whose decisions are final in all matters relating to the Contest. Odds of winning a Second Prize depend on the time/date an eligible entrant enters and the total number of eligible entries received. All Second Prizes will be awarded provided a sufficient number of eligible entries are received. By entering, you understand that your Entry may be posted online, in Sponsor’s sole discretion to be viewed by members of the general public. Your Entry must have all required fields complete to be eligible and include the photo that you have created and the essay. The photographic image must be in color or black and white (jpeg, gif, bmp, png, or tiff files) and no larger than 5MB in file size. Directions will be provided online for additional format requirements and uploading instructions for your photo submission. Submitted photo/essay must be the property of the Entrant. Photograph may not be owned, taken or edited by a professional photographer. All photographs/essays submitted become the property of Sponsor upon submission and contestant grants to Sponsor a worldwide, royalty-free, perpetual, non-exclusive right to copy, distribute, display the photograph/essay, in any media, and with right to produce derivative works therefrom and agrees to execute documents confirming such license at Sponsor’s reasonable request. Contestants must have full title to the Entry and pass such title to Sponsor at the time of submission. Photo must be uploaded in accordance with the specifications set forth at the Contest Website. Submitted photos/essays (or portions thereof) may be posted on the Contest Website after Sponsor/Sponsor-selected judges have screened them. Any photo/essay deemed inappropriate or unsuitable, in Sponsor’s sole discretion will be disqualified. Any Entry or portion thereof that is, in the Sponsor’s sole discretion, obscene, profane, lewd, defamatory, contains any third party materials (other than NFL or Buffalo Bills materials), or otherwise displays, violates or infringes (or may infringe) any copyright, trademark, logo, mark that identifies a brand (other than the NFL or Buffalo Bills) or other proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity, or is otherwise objectionable, will not be considered and may disqualify the entrant. Therefore, clothing worn in the photo should not contain any visible logos, drawings, cartoons, phrases, trademarks or other third-party materials. However, Sponsor reserves the right to modify Entries, at its sole discretion, if Sponsor wishes to deem the Entry acceptable by eliminating any such infringement. Entrants may not copy or otherwise plagiarize the Entry from any source. Any digital photo that is not of satisfactory quality (i.e., brightness, focus, etc.) will likely be rejected, at Sponsor’s sole discretion. Sponsor has the sole discretion to determine whether a photo qualifies as an Entry. Any Entry not in compliance with the above and does not meet the Contest Website requirements will be disqualified. If, in Sponsor’s sole discretion, the Entry appears to have resulted in any injury or bodily harm, it will likely be rejected. Photos and essays must be in keeping with Sponsor’s image and may not be offensive, as determined by Sponsor in its sole discretion, nor can it defame or invade publicity rights or privacy rights of any person, living or deceased, or otherwise infringe upon any person's personal or proprietary rights. In such an event, the photo or essay will not be posted online and will be disqualified from the Contest. All Entries submitted become the property of the Sponsor and will not be returned. Normal Internet access and usage charges imposed by entrants’ online service will apply. Limit one Entry per person/email address. Duplicate submissions will automatically be disqualified. No information regarding Entries or judging, other than as otherwise set forth in the Official Rules will be disclosed.
- FINALIST JUDGING: All eligible Entries will be judged by a panel of judges including representatives of Perry’s Ice Cream and the Buffalo Bills selected by Sponsor on or about 8/28/2009, to determine 30 Finalists based on the following judging criteria: photographic depiction exhibiting ultimate fan-type behavior (50%); Creativity of photo (25%); and Originality of essay (25%). In the event of a tie on overall score, the entry with the highest score for photographic depiction exhibiting ultimate fan-type behavior will be chosen, and in the event of a continued tie, the entry with the highest score for originality of will be chosen.
- GRAND AND FIRST PRIZE JUDGING: All 30 Finalists determined via Rule #3 will be judged again by a Sponsor-selected judge on or about August 31, 2009, based on the criteria listed above in Rule #3 to determine one Grand Prize winner; and ten First Prize winners. In the event of a tie on overall score, the entry with the highest score for photographic depiction exhibiting ultimate fan-type behavior will be chosen, and in the event of a continued tie, the entry with the highest score for Originality of essay will be chosen.
- PRIZES AND APPROXIMATE RETAIL VALUES (“ARV”): (1) Grand Prize – two (2) Buffalo Bills 2009 Season Tickets, an invitation for four to attend a Buffalo Bills Tailgate Party hosted by Buffalo Bills Hall of Famer, Jim Kelly November 29, 2009, membership into Perry’s "Bills Ultimate Bills Fan Team", a year’s supply of Perry’s Ice Cream (awarded as 24 coupons, each for a 1.5 quart carton) and a Buffalo Bills Jersey. ARV: $830. (10) First Prizes – two (2) tickets to the Buffalo Bills Home Opener on September 20, 2009, membership into the Perry’s Bills Ultimate Bills Fan Team and a Buffalo Bills Jersey. ARV: $160. (500) Second Prizes – a Buffalo Bills 50th Season Collectible poster. ARV: TBD. Second Prizes will be delivered to winners within 6-8 weeks after winner determination. Any taxes related to the prizes are the sole responsibility of the individual winners. Transportation to and from Buffalo, NY will not be provided. Prizes must be used on dates specified by Sponsor or prize will be forfeited. In the event Jim Kelly is unavailable due to circumstances beyond Sponsor’s control, that portion of the prize will not be awarded and no additional compensation will be provided. Prizes are nontransferable and no cash substitutions are allowed except by the Sponsor, who reserves the right in its sole discretion to award a prize of equal or greater value if an advertised prize (or portion of an advertised prize) is unavailable.
- ELIGIBILITY: The Contest is open to legal residents of the 50 U.S. and the District of Columbia who are 18 years of age or older as of date of Entry. Employees of Perry’s Ice Cream Co., Inc. (“Sponsor”), NFL Properties LLC, NFL Enterprises, L.P., the NFL, its Members Clubs (collectively the “NFL Entities”), their affiliates, subsidiaries, promotion and advertising agencies, including Don Jagoda Associates, Inc., and the immediate family members and/or those living in the same household of such employees are not eligible. Subject to all federal, state and local laws and regulations. Void where prohibited or restricted by law.
- GENERAL RULES: Decisions of judges are final with respect to all matters relating to this Contest. By participating, entrants agree to the Official Rules and the decisions of the judges, which shall be final and binding in all respects. Potential Grand Prize winner will be notified by phone on or about September 1, 2009, at the phone number provided online by Don Jagoda Associates, Inc., and if winner is unavailable, a message will be left letting the potential Grand Prize winner know that he/she will be in receipt of an affidavit package and winner must return call within 48 hours to confirm his/her eligibility. If potential winner is deemed ineligible for any reason on the phone call, he/she will be disqualified and an alternate will be determined, if time permits. The potential Grand Prize winner (or the parent/legal guardian if winner is a minor in his/her state of residence) will then be required to execute and return a notarized affidavit of eligibility/release of liability and/or publicity release (where legal) within five (5) days of attempted notification. Affidavit package will be sent to the potential Grand Prize winner via e-mail/facsimile and/or overnight mail with a pre-paid overnight return envelope included. Potential First Prize winners will be notified by phone on or about September 7, 2009, at the phone number provided online by Don Jagoda Associates, Inc., and if winner is unavailable, a message will be left letting the potential First Prize winner know that he/she will be in receipt of a winner notification package and winner must return call within 48 hours to confirm his/her eligibility. If potential winner is deemed ineligible for any reason on the phone call, he/she will be disqualified and an alternate will be determined, if time permits. The potential First Prize winner (or the parent/legal guardian if winner is a minor in his/her state of residence) will then be required to execute and return a release of liability and/or publicity release (where legal) within five (5) days of attempted notification. Winner notification package will be sent to the potential First Prize winners via e-mail/facsimile and/or overnight mail with a pre-paid overnight return envelope included. Return of prize or prize notification as undeliverable may result in disqualification and alternate determination. The Sponsor and its agencies are not responsible for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in this Contest or by any human error which may occur in the processing of the Entries in this Contest or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with this Contest. The Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the Entry process or the operation of the Contest, or the Contest Website; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. 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 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. If, for any reason, the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest process, then the Sponsor reserves the right at its sole discretion to cancel the Contest and determine the Contest winners via judges from among all eligible Entries received prior to cancellation, based on the same criteria listed above.
- RELEASE: By entering the Contest, you hereby grant the Sponsor, NFL Entities, their affiliates, subsidiaries, assigns, licensees, and legal representatives the unrestricted, absolute, perpetual, worldwide right (but not the obligation) to use, copy, modify, edit, create derivative works, display, transmit, perform, distribute, publish, exhibit and otherwise use the submitted Entry in any and all media or form of communication, whether now existing or hereafter developed, including on Sponsor’s Websites or those websites owned by Sponsor, NFL Entities, their affiliates or anyone acting with Sponsor’s authority, all for the purpose of publicizing the Contest. Winners waive any right to royalties or other compensation arising from or related to the use of the Entries. Winners must acknowledge Sponsor’s right to crop, splice, treat and edit the Entries at its sole discretion and waive the right to inspect or approve the finished product, now and in the future, whether that use is known or unknown to winner. Sponsor reserves the right to discontinue the use of the Entries without notice to the winner. You represent and warrant that: (i) all rights to the photo and essay belong to you and the photo and essay do not and shall not infringe on any copyright or any other third party right nor violate any applicable law or regulation, (ii) you have the right to grant any and all necessary rights and licenses provided herein, including without limitation, all necessary copyright and other related rights to the photo and essay, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity, (iii) you hereby hold the Sponsor harmless from and against any third party claim arising from use of the photo and essay and you waive any right to inspect or approve uses of the photo and essay or to be compensated for any such uses. Participating in the Contest constitutes permission to the Sponsor, NFL Entities, and their agencies to use participants’ names, voice, likeness, age, city, state and/or image, photo and essay (if applicable), for purposes of advertising and trade without further compensation, unless prohibited by law. By participating in the Contest, the entrant agrees that Sponsor, NFL Entities, their respective parent, subsidiaries, affiliated companies, agents, retailers, advertising and Contest agencies, and all of their respective shareholders, officers, directors, employees and assigns, members, representatives and agents, will have no liability whatsoever for, and will be held harmless by entrant for any liability for any bodily injury, loss or damages of any kind to persons, including death, and property, due in whole or in part, directly or indirectly, from Entry creation, the acceptance, possession, use or misuse of the prize, if applicable, or participation in this Contest or participation in any Contest related activity. You hereby waive all rights and release Sponsor and NFL Entities from any claim or cause of action, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of the Entries as contemplated herein, or use in composite form, either intentionally or otherwise, that may occur or be produced in production of the finished product. You hereby represent and warrant that you have read these rules and are fully familiar with its contents.
- WINNERS LIST: For the names of the winners and their Entries, visit www.ultimatebillsfan.com after October 7, 2009.
- SPONSOR: The Sponsor of the Contest is Perry’s Ice Cream Co., Inc., One Ice Cream Plaza, Akron, New York 14001-1031.
NFL Entities is not a Sponsor of this Contest. “NFL” and the NFL Shield are registered trademarks of the National Football League and the Buffalo Bills logo is a trademark used by the National Football League. © 2009 NFL Properties LLC. All other NFL related trademarks are trademarks of the National Football League.