Canvas "Artist Series" Label Contest - Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED BY LAW.
BY ENTERING, YOU AGREE THAT YOUR ENTRANT CONTENT (DEFINED IN SECTION 3 BELOW) MAY BE POSTED PUBLICLY ONLINE AND, IF SELECTED AS A WINNER, POSSIBLY INCLUDED ON WINE BOTTLES AS MORE FULLY EXPLAINED BELOW. BY ENTERING, YOU REPRESENT AND WARRANT THAT YOUR ENTRANT CONTENT IS OWNED SOLELY BY YOU, THAT YOU HAVE ALL RIGHTS AND PERMISSIONS TO SUBMIT YOUR ENTRANT CONTENT IN THIS CONTEST, AND THAT YOU WILL PROVIDE SPONSOR WITH YOUR ORIGINAL ARTWORK WITHOUT CONDITION OR LIMITATION IF YOU ARE SELECTED AS A FINALIST. INTERNET ACCESS IS REQUIRED.
EACH FINALIST AND WINNER MAY BE REQUIRED TO EXECUTE CONTEST DOCUMENTS, AS MORE FULLY DETAILED BELOW.
Open only to legal residents of one (1) of the fifty (50) United States or the District of Columbia, who are eighteen (18) years of age or older and at least the age of majority in his or her state of primary residence at time of entry and meet the full eligibility requirements set forth in Section 1 of these Official Rules. Contest starts September 10, 2012 at 12:00:00 a.m. Eastern Time ("ET") and ends January 7, 2013 at 11:59:59 p.m. ET ("Contest Period"). The Contest Period consists of a series of Contest-related events, which start and end on or about the dates and times noted below:
All dates and times are subject to change in the sole discretion of Sponsor (defined below).
SPONSOR: Contest is sponsored by Hyatt Hotels and Resorts, an Illinois corporation, the headquarters of which is located at 71 South Wacker Drive, Chicago, Illinois 60606 ("Sponsor").
1. ELIGIBILITY: The Canvas Artist Series Label Contest ("Contest") is open to any individual who is all of the following:
Employees and consultants of Sponsor, any advertising or promotion agencies or business partners involved with or retained to provide services in connection with the Contest, or any of their respective affiliates, parent or related entities, subsidiaries, divisions, or successors (collectively, the "Contest Entities"), and their respective immediate family members, are not eligible to enter or win the Contest. For purposes of these Official Rules "immediate family members" is defined as parents, legal guardians, spouses, partners, former spouses, children, grandchildren, dependents, siblings or others similarly related to and those living in the same household as the employee or consultant in question.
Each participant, who is in full compliance with the above criteria and the rest of these Official Rules, shall be referenced herein as an "Entrant". Entrant must be willing to sign an affidavit attesting to the truth of all facts stated in such Entrant's entry and accompanying materials (described below) and further attesting to the fact that each Entrant meets all eligibility requirements stated above and has complied and will continue to comply with these Official Rules, as well as a liability and publicity (unless prohibited) release and tax forms ("Contest Documents").
All determinations of eligibility shall be made by Sponsor in its sole discretion. By submitting an entry, entering online and/or uploading content for the Contest, each Entrant agrees that he/she has read and consents to be bound by and comply with these Official Rules at the time of submission and throughout the Contest.
2. SPONSOR'S DISCRETION: Any exercise of discretion by Sponsor shall mean in Sponsor's "sole and unfettered discretion."
3. HOW TO ENTER: During the Submission Period, Entrants must visit www.canvasartistseries.com (the "Website") to enter the contest.
The above-described information and content may be referenced in these Official Rules, individually and/or collectively, as an "Entry". Artwork, Essays and Artwork Copies may be collectively or individually referred to in these Official Rules as "Entrant Content." All Entrant Content must comply with these Official Rules, including, without limitation, this Section 3 and Section 4, which contain important restrictions and requirements. Entrant Content will be judged, and possibly voted on, as described more fully in Sections 5 and 6 below.
Original Entrant Content must meet the following requirements in Sponsor's sole discretion or may be disqualified:
Normal Internet access and usage charges imposed by your online service provider will apply and will be your sole responsibility. All aspects of the Entry must be submitted through the Website as described in these Official Rules and received by Sponsor during the Submission Period. The Website's database clock will be the official timekeeper of this Contest. For purposes of these Official Rules, all times are Pacific Time. Limit one (1) Entry per Entrant and per e-mail address. Only one (1) Essay of each topic and one (1) Artwork Copy of one (1) Artwork, all created by one (1) individual, may be submitted for participation. No group Entries allowed. You may not set up multiple registries to enter more than once. If a subsequent Entry is received for the same Entrant, only one (1) Entry will be used and the remainder discarded and deemed void. In the event one (1) or more Entries are discarded, the Sponsor, in its discretion and by any means it chooses, will select the Entry that will be used (e.g., by order in time received, randomly, first viewed, or any other means or method Sponsor chooses at any given time without regard for consistency between Entries or Entrants). Incomplete Entries at the end of the Submission Period will not be deemed valid. For purposes of this Contest, only complete Entries that are recorded on the Website's servers will be considered. Other proof of submitting an Entry (such as a printed or copied screen or message) does not constitute proof of actual receipt of the Entry purposes of this Contest. Entries or participation that is forged, altered, incomplete, lost, late, misdirected, mutilated, illegitimate, garbled, or generated by a macro, bot, or other automated means will not be accepted and will be void. Entries or participation made by any other individual or any entity or group, or originating at any website other than as set forth specifically above, including, without limitation, through commercial promotion subscription notification or entering services, will be declared invalid and disqualified for this Contest. As a condition of entering the Contest, each Entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Contest and complying with applicable laws, regulations, and rules.
All Entries (whether complete or incomplete) will not be returned or acknowledged. ENTRIES MAY BE DISCARDED. DO NOT SUBMIT ANY IRREPLACEABLE OR ONE-OF-A-KIND ENTRANT CONTENT. ANY ENTRY THAT DOES NOT CONFORM TO THE REQUIREMENTS IN THESE OFFICIAL RULES WILL BE DEEMED INELIGIBLE IN SPONSOR'S SOLE DISCRETION.
4. ENTRY REQUIREMENTS/CLEARANCES:
All of the below requirements and criteria are collectively referred to herein as the "Requirements & Clearances."
5. JUDGING TO SELECT FINALISTS:
Representatives chosen by Sponsor (the "Judges") will select three (3) finalists per wine varietal type ("Finalists"). The decisions of the Judges are final and binding on all matters relating to the selection of Finalists. The judging will take place in or about November 12, 2012 through November 16, 2012. The Finalists' Entrant Content will be judged on the following criteria in the Judges' sole and unfettered discretion:
Essay portions of the Entrant Content will only be judged in the Finalist Round (defined below in Section 6). The top three (3) Entries in each varietal category (i.e., Cabernet Sauvignon, Chardonnay, and Merlot) (each a "Variety Category") receiving the highest score using the above criteria will be determined as the Finalists. Those nine (9) Finalists will advance to the Final Round for public voting and judging for the Grand Prize.
The Remaining Entries ("Runners Up") will be recorded according to their scores, highest to lowest within each Variety Category, but will not be considered a Finalist or advance to the Final Round, unless one (1) of the top three (3) Finalists in his or her Variety Category is determined ineligible, and as such the Runner Up with the next highest number of votes will advance to the Final Round, time permitting, in Sponsor's sole discretion.
In the event of a tie, an unbiased and neutral third-party panel not considered as part of the original judging team will judge the tied Entries according to same method described above to determine which Entry will advance to the Final Round.
The Finalists will be notified that they have been selected as the Finalists in this Contest on or about November 16, 2012, by mail, phone and/or e-mail in Sponsor's sole discretion. Each Finalist and/or Grand Prize Winner (defined below) may be required to complete, sign, notarize (if applicable), and return, without alteration and in the form presented by Sponsor or its representative, the Contest Documents according to Sponsor's instructions within seven (7) days from when Sponsor or its representative sends the Contest Documents or as otherwise set forth in the notification. Failure to comply with these requirements, Sponsor's instructions or these Official Rules may result in disqualification from the Contest and forfeiture of the prize potentially won, in Sponsor's sole discretion. The Contest Documents, if required, will be subject to verification by Sponsor.
6. JUDGING AND PUBLIC VOTING TO SELECT FINAL PRIZE WINNERS ("FINAL ROUND"):
The Grand Prize Winner (defined below) will be determined based on the following criteria:
Each Finalist's Entrant Content will be posted on the Canvas Website for public viewing and on-line voting, which will include three (3) Finalists per Varietal Category. On-line voting will be offered during the Voting Period identified in Section 1. Sponsor at its discretion reserves the right at any time not to post or to remove any Entry that fails to comply with the standards set forth in Section 4 and other sections of these Official Rules. Visitors to the Website will be given the opportunity to vote on eligible Entries during the Voting Period. Anyone may vote, and Entrants may vote for their own Entry. Only one (1) vote allowed per Varietal Category per person and per email address. Voters will be asked to judge the Entrant Content based on the Final Round criteria detailed in Section 6.b. and 6.c. above. Any Entrant offering or using, or attempting to use a "cheat," payment, or other incentive, or any other means to obtain votes will be disqualified and any points or entries earned by those means will be void, in Sponsor's sole discretion. If attempts are made to vote in excess of the stated limits or obtain votes by means other than as specifically set forth in this Section, Sponsor may, in its sole discretion, disqualify any related Entrant or votes. Use of any automated, script, software, macro or robotic program or any other automated or improper means to submit or gain votes may result in the disqualification, in the sole discretion of the Sponsor, of the Entry to which such votes relate, of the votes themselves, or both.
The Finalists' Entrant Content will also be re-judged by the Judges according to the Final Round criteria detailed in Section 6.b. and 6.c. above. The Grand Prize Winner will be determined by weighing the results of the public vote with the results of the Final Round judging. The one (1) Entrant in each of the three (3) varietal categories with the highest total score will be the three (3) Grand Prize winners ("Grand Prize Winners").
In the event of a tie, the Entry with the highest score during the original judging round described in Section 5(a) above (originality and creativity) will be deemed the winner from among the tied Entries.
The Sponsor's and Judge's decisions as to the scoring and numbers of votes for each Entry are final and binding.
7. PRIZES AND APPROXIMATE RETAIL VALUES ("ARV"): ONE (1) GRAND PRIZE will be awarded to the one (1) Grand Prize Winner in each Varietal Category, subject to verification, for a total of three (3) Grand Prizes. The Grand Prize will consist solely of a $5,000 academic scholarship to be used by the Grand prize Winner for School tuition and the opportunity to have the Grand Prize Winner's Artwork featured on a special bottling of Canvas wines in Sponsor's sole discretion (collectively, the "Grand Prize"). Prize is non-transferrable and cannot be issued as a cash prize.
ARV of each Grand Prize: $5000. Total ARV of all prizes to be awarded in the Contest: $15000. All prize details not specified in these Official Rules will be determined in Sponsor's sole discretion. Sponsor is not responsible for and no Grand Prize Winner will receive the difference, if any, between the actual value of a prize at the time of award and the stated ARV in these Official Rules or in any Contest-related correspondence or materials. All prizes legitimately claimed will be awarded. All taxes (federal, state and local) and other expenses not specified in these Official Rules as being provided as part of the prize are the sole responsibility of each Grand Prize Winner. Sponsor will not replace any lost, mutilated or stolen prize or prize element or any prize that is undeliverable or does not reach a Grand Prize Winner because of an incorrect or changed address. If a Grand Prize Winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. No transfers, prize substitutions or cash redemptions will be made, except at Sponsor's sole discretion. Sponsor reserves the right to substitute the stated prize or portion thereof with another prize or portion thereof of equal or greater value for any reason, including, without limitation, prize unavailability. As a condition of entry, each Entrant agrees that if they are a Grand Prize Winner, Sponsor has the right to change, modify, blur, or alter in any way the Grand prize Winner's name or likeness for display and incorporation into the Website and elsewhere in its sole discretion and without notice, approval, compensation, liability, or consent. The opportunity to have Entrant's Artwork featured on a special bottling of Canvas wines has no ARV. In the event that featuring the Winner's Artwork on the special bottling of Canvas wines is cancelled or no longer available, the Winner will still receive the scholarship portion of the Grand Prize, but the label portion of the prize will not be awarded and no substitution will be awarded. No more than the stated prizes will be awarded. Limit of one (1) prize per person or household for the Contest. Prizes will only be mailed or otherwise provided to each verified Grand Prize Winner's address in one (1) of the fifty (50) United States or the District of Columbia.
In addition to the other requirements in these Official Rules, each Finalist or a Grand Prize Winner must be willing to undertake all of the following:
8. VERIFICATION OF WINNERS AND DELIVERY OF PRIZES: After the end of the Final Round to select prize winners has finished, the potential Grand Prize Winners will be notified by mail, e-mail or phone using the contact information Entrant provided upon entry, unless Sponsor is notified in writing of updated contact information. Notification is described as follows: All prize winners will be required to sign the Contest Documents and may be required to sign a Background Check Authorization ("Required Documents"). Any prize may be awarded to an alternate winner with the next highest score if Required Documents are not returned within ten (10) business days after mailing to winner (or other time frame specified in the notification), if prize notification or prize is returned as undeliverable, rejected, or faulty, or if an Entrant cannot be reached after a reasonable attempt has been made by Sponsor or does not respond according to the notification's or Sponsor's instructions (as determined in its sole discretion). Should a prize notification or prize be returned as undeliverable, rejected, or faulty, Sponsor will not resend notice, research address or make any further attempts at delivery.
Sponsor reserves the right to conduct a background check of the potential prize winner(s) before awarding the prize. If a background check reveals that, in Sponsor's discretion, the Entrant has engaged in any conduct that makes them ineligible, Sponsor, in its discretion, may disqualify the Entrant. Sponsor reserves the right to contact Entrants during the selection process for verification purposes and administration of the Contest. All Judges' decisions are final and binding in all matters relating to this Contest. Entrants acknowledge that other Entrants may have created ideas and concepts contained in their Entrant Content that may have familiarities or similarities to his/her Entrant Content, and that he/she will not be entitled to any compensation or right to negotiate with the Contest Entities because of these familiarities or similarities.
9. RELEASES: By entering the Contest, each Entrant releases and holds harmless and agrees to indemnify the Contest Entities and each of their directors, officers, members, managers, employees, representatives and agents (collectively, the "Released Parties") for, from, and against any and all claims, demands and liabilities arising out of or relating to the Contest, Entrant's participation in the Contest and/or any Contest- or prize-related activity, including, without limitation, from any Released Parties' use of any Entry, from winner's use, acceptance, possession, awarding, or misuse of a prize or any portion thereof, or while preparing for, participating in and/or traveling to or from any prize- or Contest-related activity, including, without limitation, any injury, damage, death, loss, or accident to person of property. Prize winners assume all liability for any injury or damage caused, or claimed to be caused, by participation in this Contest and/or use/redemption of any prize. EACH WINNER AGREES THAT THE PRIZES ARE PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
"CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
10. INTERNET: Entrant agrees to be bound by these Official Rules. Released Parties are not responsible for any typographical or other error in the submission, the Entry, the printing of the offer, administration of the Contest or the announcement of the prizes. Released Parties are not responsible for any electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive Entry information by Sponsor on account of technical problems or traffic congestion on the Internet or any combination thereof. 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 similar causes or causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, then, subject to any governmental approval which may be required, Sponsor will have the right to modify, suspend or terminate the Contest, which may include, without limitation, not awarding any prizes. If technical malfunctions or suspect voting irregularities corrupt the voting process, Sponsor reserves the right, in its sole discretion, to award prizes based solely on the non-suspect votes. In the event of termination, a notice will be posted on the Website and all eligible Entries received prior to termination will be judged per these Official Rules in Sponsor's sole discretion. Any use of robotic, automatic, programmed or similar methods of participation/voting will void all such submissions/votes by such methods. Contest Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in Entrant's e-mail or other account to receive messages.
11. DISQUALIFICATION: SPONSOR RESERVES THE RIGHT IN ITS DISCRETION TO DISQUALIFY ANY PERSON WHO TAMPERS OR IS SUSPECTED OF TAMPERING WITH AN ENTRY AND/OR THE VOTING PROCESS. SPONSOR RESERVES THE RIGHT IN ITS DISCRETION TO DISQUALIFY ALL VOTES FROM VOTERS THAT ARE DEEMED TO BE FRAUDULENT. CAUTION: ANY ATTEMPT BY AN ENTRANT, TO DAMAGE ANY WEBSITE, INCLUDING BUT NOT LIMITED TO, THE WEBSITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND/OR SEEK DAMAGES AND/OR OTHER RELIEF FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW.
12. GRANT OF RIGHTS: By entering, each Entrant grants to the Contest Entities (and specifically including Folio Fine Wine Partners) and their agents and assigns in perpetuity the irrevocable, sub-licensable, absolute right and permission to use, edit, modify, cut, rearrange, add to, delete from, copy, reproduce, translate, separate, dub, adapt, publish, combine with other material, reuse, adapt, and exploit the content of and elements embodied in the Entrant Content, Entries, and the Entries themselves, in any and all media, including but not limited to product packaging, digital and electronic media, computer, audio and audiovisual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation. Each Entrant agrees that the Contest Entities may, but are not required to, attribute the Entrant Content to an Entrant. Each Entrant waives and releases the Released Parties (defined in Section 9 above) from any and all claims that Entrant may now or hereafter have in any jurisdiction based on "moral rights" or "droit moral" or unfair competition with respect to the Released Parties' exploitation of entries without further notification or compensation to Entrants of any kind, and agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Released Parties and each of their affiliates, licensees, or any other person in connection with this Contest, on the grounds that any use of any elements embodied in the Entrant Content, Entries, and the Entries themselves, or any derivative works, infringe or violate any of Entrants rights therein. Each Entrant agrees to execute any documents that Sponsor may require to effect such transfer of right.
13. NO OBLIGATION TO USE: Other than to announce the prize winners, Sponsor has no obligation (express or implied) to use any Entry or any element thereof, regardless of whether or not a Finalist or a prize-winning Entry, in any advertising, merchandising or promotion or to otherwise distribute, publicize or exploit any Entry, regardless of whether or not a Finalist or a prize-winning Entry, or, if commenced, to continue the distribution, publication or exploitation thereof, and Sponsor may at any time abandon the use of any Entry, regardless of whether or not a Finalist or a prize-winning Entry, for any reason, with or without legal justification or excuse, and neither Entrants nor Grand Prize Winners will be entitled to any damages or other relief by reason thereof. Each Entrant hereby acknowledges and agrees that the relationship between the Entrant and any of the Released Parties is not a confidential, fiduciary, or other special relationship, and that the Entrant's decision to submit his/her Entrant Content for purposes of the Contest does not place any of the Released Parties in a position that is any different from the position held by members of the general public with regard to elements of the Entrant Content, other than as set forth in these Official Rules. Each Entrant understands and acknowledges that Sponsor has wide access to ideas, artwork, and literary materials. Each Entrant also acknowledges that many ideas or content may be competitive with, similar to, or identical to his/her Entrant Content and/or each other in idea, format, or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of Sponsor's use of any such similar or identical material that has or may come to Sponsor from other sources. Each Entrant acknowledges and agrees that Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the Entrant's copyright in and to his/her Entrant Content. Each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of Sponsor's actual or alleged exploitation or use of any Entrant Content or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of any Sponsor property or production, and Entrant's rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
14. WINNERS' LIST/OFFICIAL RULES: For a list of winners (after approximately December 10, 2012 and before March 31, 2013) or a copy of these Official Rules (during the Contest Period only), send your request with a self-addressed, stamped envelope to: Canvas Artist Series, 550 Gateway Drive, Suite 220, Napa, California 94558. Winners lists will be sent to requestors and winners' names also will be posted on www.canvasartistseries.com after selection and verification of all prize winners. Only one (1) request of either type per outer envelope, mailed separately, will be fulfilled. Vermont residents may omit return postage with Official Rules requests.