FASTSIGNS® North American National Contest ("Contest")
2013 OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. THIS CONTEST IS INTENDED FOR THE UNITED STATES, PUERTO RICO and CANADA (EXCLUDING QUEBEC). DO NOT ENTER IF YOUR BUSINESS IS NOT LOCATED IN ONE OF THESE LOCATIONS AT THE TIME OF ENTRY. VOID WHERE PROHIBITED. SUBJECT TO ALL FEDERAL, STATE, LOCAL, PROVINCIAL AND MUNICIPAL LAWS.
- CONTEST OVERVIEW: Businesses can submit a photo of the exterior or the interior of their business space and explain why they should be selected to receive one of three visual communications makeovers. The business in each of the three contest categories that receives the most public votes will receive a visual communications makeover valued at up to $5,000 or up to $10,000, depending on the business type.
- ELIGIBILITY: NOT OPEN TO THE GENERAL PUBLIC. Open to businesses (brick and mortar or vehicle-based only) and non-profit organizations based in the 50 United States, the District of Columbia, Puerto Rico or Canada (excluding Quebec). Void in Quebec and where prohibited by law. Businesses/organizations must be in operation (not just planned or "opening soon") and must not be in the process of moving or have plans to move locations within the foreseeable future. Persons entering on behalf of an eligible business/organization ("Entrant") must be 18 years of age or older in the U.S./Puerto Rico or, for Canadian residents, over the age of majority in their province of residence at the time of entry and must be the owner of the business/organization or an authorized representative of the business/organization authorized to make major changes to the business's sign and graphical elements. Franchise/dealer businesses that have legal/contractual relationships with franchisors regarding décor and graphics are not eligible. Additionally, any business that Sponsor, at its sole discretion, deems as competitive (i.e. sign shops, printers, exhibit and display providers, promotional products companies, etc.) is not eligible and entries submitted by competitive businesses will not be posted for voting/consideration. The following are not eligible for the Contest: Employees of FASTSIGNS National Advertising Council, Inc. ("Sponsor"), FASTSIGNS International, Inc., Marketing Resources, Inc. ("Administrator"), and any of their respective parent and affiliate companies ("Contest Parties") as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee.
- CONTEST ENTRY PERIOD: Contest entry begins on June 5, 2013 at 8:00 a.m. EDT and ends on June 28, 2013 at 8:00:00 p.m. EDT (the "Contest Period"). The Web Site server is the official clock for this Contest.
TO ENTER: Go online to the Contest web site located at www.metamorphoSIGN.com (the "Web Site") during the Contest Period. Follow the on-screen directions to properly complete the online registration form and submit an external or internal photograph of your business space. Your decision regarding which style external or internal should be relevant to your submission (showing the public why you need a new graphic look for your business/organization). If, in the Sponsor's sole discretion, your photo does not show why your business/organization needs a makeover, (e.g., standalone photos of people or other marketing materials that are not considered relevant or representative of the business makeover you are competing for) your Entry may not posted for voting/consideration. You will also be required to submit an essay in which you explain why your business/organization needs to be "MetamorphoSIGNed". Essays must be in English and may not exceed 250 words. The photo and Essay are referred to herein as an "Entry." Limit one (1) Entry per business/organization. 4. Photos must be in .JPEG, BMP, GIF, TIFF or PNG file formats and no larger than 5MB.
You must select a single "business type" that best describes your business/organization from the drop-down menu. The three (3) categories and their respective definitions are:
- Brick and Mortar: Business has a physical location where they sell, manufacture, assemble or otherwise create a product or service. No home-based or web-based businesses are qualified.
- Vehicle-Based: Business has no physical location where customers would visit; instead, the business is mobile and operates out of a truck, van, etc. No home-based or web-based businesses are qualified.
- Non-Profit: United States 501(c) organization or Canadian equivalent that exists to serve others in some capacity; may or may not have a physical location and could be event-based. No home-based or web-based businesses are qualified.
SUBMISSION RESTRICTIONS: Historic buildings, historic vehicles and historic sites, as determined by the Sponsor, will not be posted and will not be entered into the Contest. Each business/organization must have a minimum of three (3) different types of visual communications features that can receive a makeover. Sponsor reserves the right to enter an Entry into the most appropriate "business type" category, as determined by Sponsor in its sole discretion. Sponsor will provide no human-interaction related to helping upload photos, submit essays, confirm entry receipt, move entry categories upon request, etc. There is no "help desk" for this program. Automated methods of entry are prohibited and any use of automated devices will cause disqualification. Only fully completed Entries are eligible. An email address is required to enter. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. By participating, Entrants agree to abide by and be bound by these Official Rules. All Entries submitted become the property of the Sponsor and will not be returned. No information regarding Entries or judging, other than as otherwise set forth in the Official Rules will be disclosed.
- ENTRY CONDITIONS: Entry name will appear in the contest exactly as Entrant types it on Entry. This includes having the word "The" in front of an entry if provided that way, making it fall alphabetically in any listings under the "T"s., even if the business name is known by the next word in the name. Photo submission: if there are people included, by submitting an Entry, you attest that you have made all those depicted in the Photo aware that you are entering a Photo on their behalf and all depicted have agreed that you may submit such Photo. You may be required to submit signed release forms from each of the people appearing in your Photo at Sponsor's request. Entry must be the original work of the person entering on behalf of the business; must not infringe any third party's rights; must be suitable for publication (i.e., may not be obscene or indecent); must not contain obscene or pornographic material; may not contain defamatory statements; may not invade privacy, publicity or other rights of any person, firm or entity; may not in any other way violate applicable laws and regulations; may not contain any reference to any third party trademarks, names or third party logos; and may not contain any copyrighted works owned by third parties. Any and all trademarks and graphics in the photo must be owned by the business or organization. Entries cannot be changed, altered or modified once submitted. All Entries will be reviewed for content eligibility and compliance with these Official Rules before voting occurs, and may take up to 72 hours to appear on the Web Site after submission. Entries containing false information, prohibited material or inappropriate content, or which are deemed to be in violation of these Official Rules or to be otherwise infringing, harmful, inappropriate, defamatory, or generally not in keeping with the image of Sponsor, as determined by the Sponsor, in their sole discretion, may be disqualified and will not be eligible to participate in the Contest. Entrant acknowledges and agrees that such decisions of Sponsor are final and binding. Sponsor makes the final determination as to what entries are eligible for this Contest and reserves the right to waive the Contest entry requirements set forth herein in its reasonable discretion. Submission of an Entry grants Sponsor and its agents the unconditional, irrevocable, worldwide right to publish, use, adapt, edit and/or modify Entry in any way, including each component of the Entry, together or separately, in whole or in part, in any and all media, without limitation, and without compensation or consideration to the Entrant, whether or not such Entry is selected as a winning Entry. BY SUBMITTING THE ORIGINAL ENTRY, THE ENTRANT REPRESENTS AND WARRANTS THAT HE/SHE HAS ALL RIGHT, TITLE AND INTEREST NECESSARY TO GRANT THE SPONSOR THE WORLDWIDE, IRREVOCABLE AND UNRESTRICTED RIGHT AND LICENSE TO ADAPT, PUBLISH, USE, EDIT, AND/OR MODIFY SUCH ENTRY IN ANY WAY AND POST THE ORIGINAL OR MODIFIED ENTRY ON THE INTERNET OR USE THE ORIGINAL OR MODIFIED ENTRY IN ANY OTHER WAY AND AGREES TO INDEMNIFY AND HOLD SPONSOR HARMLESS FROM ANY CLAIMS TO THE CONTRARY.
WINNER SELECTION: All eligible Entries will be posted on the Web Site for the public to vote for which business/organization should be awarded the visual makeover within its corresponding business/organization category. The Voting Period will be from July 8 July 26, 2013. Registration will be required to vote. Limit one (1) vote per person/email address per business/organization category, per day. Registering multiple times using different email addresses is strictly prohibited. The use of automated voting methods or voting exchange websites and voting by proxy is also strictly prohibited. Suspect votes will be disqualified, and Sponsor reserves the right to disqualify businesses/organizations associated with suspect votes.
The business/organization with the highest number of votes for each business/organization category at the end of the Voting Period will be declared the winner for that category.
In the event of a tie, a representative of the Sponsor will determine which tied Entry will be declared the winner. Entrants agree that the Sponsor has the sole right to decide all matters and disputes arising from this Contest and that all decisions are final and binding in all respects.
- PRIZE: There will be a total of three (3) Prizes; one (1) for each business/organization category:
Brick and mortar: a visual communications makeover valued at up to $10,000 USD for the winning business.
Vehicle-based: a visual communications makeover valued at up to $5,000 USD for the winning business. The winner of this category is required to accept a minimum of 2 full side panel graphics as part of the $5,000 USD makeover.
Non-profit: a visual communications makeover valued at up to $5,000 USD for the winning organization.
- PRIZE RESTRICTIONS: All prize details will be determined based on discussions between Sponsor and the winning business/organization and may include any or all of the following: vehicle and/or window graphics, POP signage, banners, building signs, labels, decals, tradeshow displays, posters, etc. (all in Sponsor's sole discretion). Sponsor will design and approve all visual communications pieces. All makeover planning must be completed by October 11, 2013 or the prize may be forfeited at Sponsor's discretion. Prize values are for products/services provided by Sponsor only; no cash will be provided. Prizes are non-transferable, except at the sole discretion of the Sponsor. Sponsor reserves the right in its sole discretion to substitute a prize with one of comparable or greater value. Winning businesses/organizations are solely responsible for any taxes on the prize. All costs and expenses associated with prize acceptance and use not specifically provided herein are the responsibility of the winning business/organization. Any difference between the maximum value stated above and the actual value of the makeover awarded will not be awarded.
- WINNER NOTIFICATION/PRIZE CLAIM: Businesses/organizations and Entrants are subject to verification, including verification of eligibility. Potential prize winning businesses/organizations will be contacted via telephone, using the provided contact information, or a traceable method of mail sent to the address provided during registration. The owner or an authorized representative of the business/organization will be required to complete, sign, and return a Declaration/Affidavit of Eligibility/Liability Release (Canadian residents must correctly answer a mathematical skill-testing question) and a Publicity Release (granting the use of the name of the business or organization by Sponsor for advertising/publicity purposes, without further compensation) within ten (10) days of attempted notification or prize may be forfeited and an alternate Winner may be contacted. Sponsor is not responsible for any change of mailing address, email address and/or telephone number of Entrants. In the event of non-compliance with these Official Rules, or if a prize notification or prize is unclaimed or returned as undeliverable, or if Entrant was not authorized to submit an Entry on behalf of the business/organization, the prize will be forfeited and an alternate winner may be contacted. Unclaimed prizes will not be awarded.
- LIMITATIONS OF LIABILITY: No liability or responsibility is assumed by Sponsor or Contest Parties resulting from user's participation in, attempt to participate in, or download of any information in connection with participating in, the Contest. No responsibility or liability is assumed by the Sponsor or Contest Parties for technical problems or technical malfunction, including, without limitation, those arising in connection with any of the following occurrences that may affect the operation of the Contest: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless, or Internet connectivity, or other online communication problems; errors or limitations of any Internet service providers, servers, hosts, or providers; garbled, jumbled, or faulty data transmissions; failure of any email transmissions to be sent or received; lost, late, delayed, or intercepted email transmissions; inaccessibility of the Web Site in whole or in part for any reason; traffic congestion on the Internet or Web Site; unauthorized human or non-human intervention in the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bug, worm; or destruction of any aspect of the Contest. Sponsor is not responsible for any typographical errors in the announcement of the prize or these Official Rules, or any inaccurate or incorrect data contained on the Web Site. Use of Web Site is at user's own risk. Sponsor and the Contest Parties are not responsible for any personal injury or property damage or any other losses of any kind that may be sustained to user's or any other person's computer equipment resulting from participation in the Contest, use of the Web Site or the download of any information from the Web Site, or any other loss related to user's participation in the Contest or receipt of any prize. As a condition of entering, Entrants agree (and agree to confirm in writing): (a) to release Sponsor and Contest Parties from any and all liability, loss, or damage incurred with respect to Entrant's participation in the Contest and the awarding, receipt, possession, and/or use or misuse of any prize, including any traveling related thereto; (b) under no circumstances will Entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys' fees and court costs. By participating in the Contest, the Entrant agrees that Sponsor /FASTSIGNS International, Inc., their respective parent, subsidiaries, affiliated companies, agents, retailers, advertising and promotion agencies, and all of their respective shareholders, officers, directors, employees and assigns, members, representatives and agents (collectively the "Released Parties"), 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 (if applicable), the acceptance, possession, use or misuse of any prize, if applicable or participation in the Contest or participation in any contest or related activity. You hereby represent and warrant that you have read these Official Rules and are fully familiar with their contents.
- PUBLICITY RELEASE: Participation in the Contest constitutes permission to the Sponsor and its agencies to use Entrants' names, biographical information, pictures/portraits, likenesses and/or voices, Entry and footage (as applicable), for purposes of advertising and trade without further compensation, unless prohibited by law. Winning businesses/organizations will be required to participate in post-contest marketing, and will be required to provide before and after photos of the business space.
- WINNERS LIST: Winners will be posted online at www.metamorphoSIGN.com after winners have been verified and will be available through September 15, 2013.
FASTSIGNS National Advertising Council, Inc., 2542 Highlander Way, Carrollton, TX 75006-2333.