The Cans of Paint Used in the Mural Contest Benefiting the Child Guidance Center, Inc. (the “Contest”) begins on Tuesday, December 5, 2017 at 6:00 p.m. Eastern Standard Time (“EST”) and ends on Sunday, December 31, 2017 at 11:59 p.m. EST (the “Contest Period”). There will be one (1) Grand Prize winner who will receive one (1) prize. Entry in the Contest does not constitute entry into any other promotions, sweepstakes, or contest. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Beaver Street Commissary d/b/a 927 Events, 927 W. Forsyth St, Jacksonville FL 32204, Bee Friends Farm, LLC, 3320 Herschel St., Jacksonville FL 32205, Art (Re)public, Inc., 204 N. Laura St., Jacksonville FL 32202, Karstaedt & Stanko, PA, 301 W. Bay St., #14132 Jacksonville FL 32202, Pikle, LLC, 3200 Hendricks Ave., Jacksonville FL 32207, and Child Guidance Center, Inc., 5776 St. Augustine Rd, Jacksonville FL 32207 (the “Sponsors”), whose decisions shall be final and legally binding in all respects.
This Contest is open to legal residents of the state of Florida, who are eighteen (18) years of age or older at the time of entry. Employees, officers, and directors of Sponsors and each of their affiliated companies, subsidiaries, sales representatives, and all other companies associated with the Contest (collectively, the “Contest Entities”), and each of their immediate family members and/or people living in the same household are not eligible to participate. All eligibility is subject to all federal, state, and local laws and regulations. All entries submitted are the property of the Sponsor.
HOW TO ENTER:
Complete the online Official Entry Form found online at www.927events.com and pay the $5.00 entry fee. Registration will include the following: name, complete address, city, state, zip, email address, telephone number, the number of cans of spray paint you believe were used in the mural located on the west facing wall of 927 Events (927 W. Forsyth St., Jacksonville FL 32204) painted by Okuda (the “Subject Mural”), and agreement to the Official Rules. The entry that correctly determines the number of cans used will be the winner. If there are multiple correct entries, all entries that include the correct response will be entered in a trivia contest to take place at 927 Events to determine the winner.
Entries made by any other individual or any entity, including but not limited to commercial contest subscription notification and/or entering services, will be declared invalid and disqualified from this contest. Tampering with the entry process or the operation of the Contest is prohibited and any entries deemed by Sponsors, in their sole discretion, to have been submitted in this manner will be void. The computer designated by the Sponsors to accept entries will be the official timekeeper for all matters related to this Contest. Entries generated by a script, macro, or other automated means will be disqualified. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. “Authorized account holder” is defined as the person who is assigned to an email address by an Internet Access Provider, online service provider, or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address.
Only the prizes listed below will be awarded in this Contest, Sponsors will not provide any substitute prizes other than under the circumstances described herein.
GRAND PRIZE (to be determined on or before January 10, 2017):
One (1) Grand Prize Package Includes:
Two (2) round-trip economy airline tickets to any location in the continental United States serviced by United Airlines or its affiliates (neither United Airlines nor its affiliates are sponsors of this Contest). Tickets will be provided using Sponsors airline points and/or miles. Travel must be arranged at least thirty (30) days in advance of departure date, but in no case later than December 31, 2018, and is subject to blackout dates and other restrictions for United Airlines points or miles program as in effect at the time travel is arranged. Prizes not used on or before December 31, 2018 will be forfeited.
Approximate retail value of this prize package is $580. NO GROUND TRANSPORTATION INCLUDED.
Grand Prize winner will be required to complete and return an Affidavit of Eligibility and Liability/Publicity Release and W-9 tax payers request for identification form, which must be signed by the winner and received by Sponsors or their designated agent within seven (7) days of the date printed on the notification.
Prize is provided on an “as is” basis, without any warranty of any kind and are non-transferable. Prize may not be redeemed for cash or substituted in any manner by any prize winner; provided, however, Sponsors reserve the right to substitute a prize (or portion thereof) of equal or greater value if the advertised prize (or portion thereof) becomes unavailable.
Prize winner and their guest must have valid travel documents (e.g., government issued I.D., passport, etc.) as required by airlines to register prior to departure and failure to do so may result in forfeiture of prize. Any missed portion of the prize is forfeited in its entirety and Sponsors will not provide any substitution.
Prize winner is responsible for any and all applicable fees, service charges, surcharges, all insurance, federal, state, local taxes, if any, gratuities, meals, flights, incidental charges and any other unspecified expenses associated with acceptance or use of the prize.
All estimated retail values are subject to change based on, among other things, normal price fluctuations associated with the marketplace and the date the winner selects to participate in the prize package. If the prize or the prize notification letter is returned as undeliverable or any non-compliance with the Official Rules or failure to respond and execute and return the appropriate forms within the applicable time period, will result in forfeiture of the prize.
WINNER SELECTION DATES AND NOTIFICATION:
Winners will be announced at 12:00 p.m. on or before January 20, 2018 via publication on www.927events.com and via email, mail, or express mail as deemed appropriate by the Sponsors. If there are more than one correct entry each of the correct entrants will be notified via email or telephone as provided on the entry form to attend the trivia contest at 927 Events on a date and time to be determined. Sponsors shall have no liability for any potential prize-winning notification that is lost, intercepted, or not received by any potential prize winner for any reason. If, despite reasonable efforts, any potential prize winner does not attend the trivia event or if the prize notification is returned as unclaimed or undeliverable such prizewinner will forfeit his or her prize. If any potential prize winner is found to be ineligible or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential prize winner will be disqualified.
GENERAL PRIZE RESTRICTIONS/CONDITIONS:
BY ENTERING, EACH ENTRANT AGREES for entrant and for entrant’s heirs, executors, and administrators (A) to release and hold harmless Contest Entities and their respective affiliates, parents, owners, franchisees, officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the Contest and/or their acceptance, possession, use, or misuse of any prize or any portion thereof; (B) that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose; and (C) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Contest itself, and to be bound by all decisions of the Sponsors, which are binding and final. Failure to comply with these conditions may result in disqualification from the Contest at Sponsors’ sole discretion.
Acceptance of any prize constitutes prize winner’s permission for the Contest Entities to use prize winner’s name, photograph, image, likeness, voice, biographical information, statements, and complete address (collectively, the “Attributes”), for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter devised, in perpetuity, without further compensation or authorization, (except where prohibited by law), and releases the Contest Entities from all claims arising out of the use of such Attributes.
Sponsors reserve the right, in their sole discretion, to disqualify any individual or entity who is found to be tampering with the entry process or the operation of the Contest, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten, or harass any other person, and Sponsors reserve the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsors reserve the right to modify, extend, suspend, or terminate the Contest if they determine, in their sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsors’ control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Contest as contemplated herein. If Sponsors are prevented from awarding prizes or continuing with the Contest as contemplated herein by any event beyond their control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsors’ control (each a “Force Majeure” event or occurrence), then Sponsors shall have the right to modify, suspend, or terminate the Contest. If the Contest is terminated before the designated end date, Sponsors will select the winners from all eligible, non-suspect entries received as of the date of the event giving rise to the termination in accordance with the prize selection process described herein. Inclusion in such process shall be each entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. If any provision of these rules is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
TRIVIA EVENT RULES:
If required, the trivia event shall occur as follows:
LIMITATION OF LIABILITY:
The Released Parties are not responsible for, and entrant hereby releases the Released Parties from any claims arising from: (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware, or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the entry process or the Contest; (iv) electronic or human error which may occur in the administration of the Contest or the processing of entries; (v) any injury or damage to persons or property, including but not limited to entrant’s computer, whether hardware or software, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest, and (vi) use of any prize.
Except where prohibited, entrant agrees that: (1) any and all disputes, claims and 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 exclusively by the courts in and for Duval County, Florida any defenses of lack of jurisdiction or non-convenient forum are hereby waived, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) unless otherwise prohibited, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsors in connection with the Contest shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules (whether of State of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida.
Winners will be published on www.927events.com from 12:00 p.m. no later than 10 days after the winner is determined until at least 11:59 p.m. April 15, 2018.