The Cravings Collection, A #fastfoodie gallery
Terms and Conditions
The Cravings Collection, A #fastfoodie gallery (the “Program”), provided by Checkers Drive-In Restaurants, Inc. (hereafter, the “Promoter”) is a Program where six (6) Promoter-selected pieces of art will be on display at CraveCon 2016 scheduled to take place on August 13, 2016 at the Galveston Island Convention Center in Galveston, TX from 10:00 a.m. CT to 12:00 p.m. CT (the “Event”). Attendees of the Event will have the opportunity to take a photo of any of the six (6) pieces of art and post the photo to Instagram using the hashtags #CravingsCollection, #FastFoodie and #promotion and tagging @CheckersRallys (each, a "post"). The posts will be voted on by Instagram users in the form of Instagram “likes”. The awards will be given to the participants that have the posts with the highest number of likes and will be subject to verification and compliance with these Terms and Conditions. See below for additional posting and voting details. By submitting a post in connection with the Program, you agree to adhere to the following:
BINDING AGREEMENT: In order to participate in the Program, you must agree to these Terms and Conditions (“Terms”). You agree that the posting of any Promoter artwork in connection with the Program constitutes your agreement to these Terms, which will be a binding legal agreement between you and Promoter with respect to the Program.
PROGRAM PERIOD: The Program will take place on August 13, 2016 from 10:00 a.m. CT to 12:00 p.m. CT (“Program Period”). All posts and associated likes must be received by 12:00 p.m. CT on August 13, 2016. Public voting will be open throughout the Program Period.
HOW TO PARTICIPATE: After taking a photo of one (1) of your favorite pieces of art from the Promoter gallery at the Event, upload the photo to your Instagram page using the hashtags #CravingsCollection, #FastFoodie and #promotion and tag @CheckersRallys in the post. Posts will be accepted at any time during the Program Period; however, participants acknowledge and agree that voting begins immediately upon commencement of the Program Period and, as a result, participants who upload a post at a later time may be disadvantaged in competing for likes. The Promoter reserves the right, in its sole discretion, to disqualify any participant at any time. Limit of one (1) post per participant throughout the Program Period.
PUBLIC VOTING: Each post will be voted on by Instagram users during the Program Period, during which time users will be able to view the submitted posts on Instagram where they can “like” the posts based on their overall evaluation of the post’s entertainment value, quality, originality, creativity, humor, and similar characteristics. At the end of the Program Period, the one (1) participant post for each of the six (6) respective pieces of art whose post receives the highest like total will be selected as a potential Grand Award recipient (for a total of six (6) potential Grand Award recipients). In the event of a tie, Promoter will determine the recipient(s) in its discretion.
VOTING CONDITIONS: Limit of one (1) like/vote per person using only one (1) Instagram account per post. Votes received from any person or Instagram account in excess of the limitation specified above will be void. Participants are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering awards or payment to members of the public to obtain votes/likes, as determined by Promoter in its sole discretion. All votes/likes are subject to final verification by Promoter. Use of script, macro or other automated system to vote or with the intent to impair the integrity of the voting process is prohibited and all such votes/likes will be void.
GRAND AWARDS (6) (One (1) award per Promoter-selected piece of art): Each recipient will receive a print of the original piece of artwork featured in their winning post. Approximate Retail Value (“ARV”) of each Grand Award is $250. Award is awarded “as is” with no warranty or guarantee, either express or implied by Promoter. Recipient is responsible for all applicable federal, state and local taxes, if any, as well as any other costs and expenses associated with award acceptance and use not specified herein as being provided. All award details are at Promoter’s sole discretion.
GENERAL CONDITIONS: Each participant agrees: (a) to abide by these Terms and decisions of Promoter, which shall be final and binding in all respects relating to this Program; (b) to release, discharge and hold harmless Promoter, Fitzgerald & Company, Instagram and their respective parents, affiliates, subsidiaries, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from his or her participation in the Program or any Program-related activity or the acceptance, possession, use or misuse of any awarded award; and (c) to the use of the company name for promotional purposes in any and all other media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Promoter and its designees, without compensation (unless prohibited by law) or additional consents fromparticipant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so. You acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between you and Promoter or the Released Parties and that no such relationship is established by your participation in this Program.
LICENSE/USE OF POSTS: Each participant will retain ownership of their post. Participants grant the Released Parties a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, publish, distribute, publicly perform, and publicly display the post (a) in order to allow Promoter and Instagram users to evaluate the post for purposes of the Program, and (b) in connection with this Program, including, without limitation, its display on Promoter websites and social media channels.
MISCELLANEOUS: Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled posts, likes; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Program, including, without limitation, errors or difficulties which may occur in connection with the administration of the Program, the processing of posts, the tabulation of likes, the announcement of the awards, or the incorrect uploading of any post. Participants who tamper with or abuse any aspect of the Program or website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Terms, as solely determined by Promoter, will be disqualified and all associated likes will be void. Should any portion of the Program be, in Promoter’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Promoter, corrupt or impair the administration, security, fairness or proper play, or submission of likes, Promoter reserves the right at its sole discretion to suspend, modify or terminate the Program and, if terminated, at its discretion, select the potential recipients based on eligible likes received prior to action taken using the recipient determination procedure outlined above.
FORUM AND RECOURSE TO JUDICIAL PROCEDURES: These Terms shall be governed by, subject to, and construed in accordance with the laws of the State of Florida, United States of America, excluding all conflict of law rules. If any provision(s) of these Terms are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
PROMOTER: Checkers Drive-In Restaurants, Inc., 4300 West Cypress St. Suite 600, Tampa, FL.