2018 Star Survivor Contest Official Rules
(the "Official Rules")
ABOUT THE CONTEST: Contest Judges will evaluate Submissions that nominate individuals in the United States who as breast cancer survivors have been affected by breast cancer and who have had an exemplary positive impact on breast cancer awareness. Based upon the judging criteria identified in these Official Rules, the Contest Judges will determine the Winners.
The Winners will receive the prizes as detailed below. Please note that prizes are awarded to "nominees" and that nominees may or may not be the same individuals as entrants. Complete details regarding the Contest are provided below. ENTRY IS OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE OR OLDER AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY. VOID WHERE PROHIBITED BY LAW OR RESTRICTED IN A MANNER INCONSISTENT WITH THESE OFFICIAL RULES.
SPONSOR: The 2018 Star Survivor Contest (the "Contest") is sponsored by The Susan G. Komen Breast Cancer Foundation, Inc. d/b/a Susan G. Komen ("Sponsor"). Sponsor's mailing address is 5005 Lyndon B. Johnson Freeway, Suite 526, Dallas, Texas 75244 (the "Contest Address").
*THE CONTEST *
1. ENTRY PERIOD: Entry in the Contest begins at 12:01 a.m. Central Time ("CT") on August 27th, 2018 and ends on 11:59 p.m. CT on September 7th, 2018 (such period being referred to herein as the ("Entry Period").
The designated computer of the Dallas Cowboys Football Club, Ltd. ("Dallas Cowboys") is the official time keeping device of this Contest.
2. HOW TO ENTER THE CONTEST: NO PURCHASE IS NECESSARY. During the Entry Period: (1) complete the online registration form accessible via a link or banner at the Contest Site or use the Mail-In Entry option below (each entry will be equally considered if it meets the requirements herein, regardless of method of entry), (2) nominate a breast cancer survivor (i.e., a person who has received a diagnosis of breast cancer) age 18 years or older who is a legal resident of the fifty (50) United States or Washington DC (you can nominate yourself or someone else) you believe should be a Winner, and (3) submit a written essay of 999 characters or less sharing how your nominee has been affected by breast cancer, his or her involvement with the breast cancer movement and what participation in a Dallas Cowboys game day would mean to the nominee. An optional photo may be included with the submission, but is not required. Each essay, and any included photo submitted by an entrant in the Contest, is referred to as a "Submission" and together with any other content or information provided by an entrant in connection with the Contest, an "Entry." The individual submitting the Entry is sometimes referred to in the Official Rules as an "entrant." The individual nominated by an entrant is sometimes referred to in the Official Rules as a "nominee." The entrant and members of his/her "immediate family" (as defined below in Rule #8) and the nominee, may be the only identifiable individuals referenced by name in a Submission and all identifiable individuals appearing in a Submission must have provided their consent (or the parent/legal guardian of the minors have provided consent) for submission of a Submission and use of such Submission as contemplated in these Official Rules. In Sponsor's sole discretion, anyone referenced by name or otherwise depicted in a Submission, including any nominee other than the entrant, may be required to execute and return consent forms/releases confirming the representations, warranties and grants of rights contemplated in the Official Rules prior to having an Entry submitted and/or prior to the award of any prize. Any optional donations made to Sponsor will be used to support Sponsor's mission to end breast cancer forever.
A. Online Entry: Entrant may visit www.Dallascowboys.com/StarSurvivors("Contest Site").
B. Mail-In Entry: Entrant may hand-write his/her entry ("Mail-In Entry") and mail in an envelope (not to exceed 8 ½ x 11) with proper postage affixed to: 2018 Star Survivor Contest, Attention: Marketing, 5005 LBJ Freeway, Suite 526, Dallas, TX 75244. Each entry must include the following in addition to the required essay and optional photo:
Mail-in entrants must also meet the Requirements as listed in Section 3 below including that the submission must be 999 characters or less and in English.
LIMIT: Only one Entry per person is permitted. An individual submitting more than one Entry will automatically have his or her Entries disqualified. By entering the Contest, you agree to have your Submission(s) posted online (in Sponsor's sole discretion). Sponsor reserves the right, in its sole and absolute discretion, to disqualify any Entry that, or entrant who, does not comply with these Official Rules.
3. REQUIREMENTS: In order to have his or her Submission(s) entered into the Contest, prospective entrants must comply with registration instructions when submitting each Submission. Each Submission:
· Must be in English;
· Must be 999 characters or less;
· If it includes a photograph, such photograph should be under 8 MB and submitted in one of the following formats: .jpg, .jpeg, gif, .tif, .png;
· Must be suitable for family audiences; without limitation, must not contain any content that:
- is indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
- promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- contains profanity or sexual content;
- promotes alcohol, illegal drugs, tobacco, firearms or weapons;
- promotes any third party product or service or otherwise contains commercial messages or endorsements regarding third party products or services;
- is unlawful, in violation of or contrary to the laws or regulations of the United States or any State;
- has been copied or plagiarized. All entries must be the sole, original work of the designated entrant;
- is proprietary to a third party, contains any third party content, or otherwise defames, violates or infringes (or may infringe) any copyright, trademark, mark or other identifier of source, or other proprietary right of any entity or person (whether living or deceased) (including but not limited to, rights of privacy or publicity or portrayal in a false light);
- appears to result in any injury or bodily harm; and/or
- is lewd or inappropriate or offensive or not in keeping with Sponsor's image, including acts of violence or acts that are otherwise objectionable to Sponsor.
Any Entry or portion thereof that, in Sponsor's sole and absolute discretion, violates any of the above or other prohibitions and/or representations or warranties of entrant may not be accepted and will be disqualified from the Contest. Any Submission not in compliance with the above and that does not meet the Contest Site's requirements may be disqualified. In the event that an entrant or Submission is edited, removed and/or disqualified, entrant is not relieved from responsibility for compliance with these Official Rules.
Entries become the property of the Sponsor and will not be acknowledged or returned. Entrants and Winners acknowledge and agree that Sponsor has the right to edit, adapt, modify, reproduce, promote and otherwise use or not use (or remove) Entries in any way it sees fit without notification or further consent or payment of any kind. By entering, you agree to waive any rights you may have to any Entry submitted, including any and all moral rights that exist in the Submission and any derivative works made therefrom.
4. REPRESENTATIONS REGARDING ENTRIES; GRANT OF RIGHTS: By submitting an Entry in connection with the Contest, each entrant represents and warrants to Sponsor that (i) the Entry is the original work of the entrant and that entrant has the sole right to submit it to the Contest; (ii) the Entry does not violate in any way rights of third parties, including but not limited to copyright and other intellectual property, privacy or publicity rights; (iii) the Entry does not violate any applicable laws; (iv) entrant has obtained all necessary licenses or permissions from all third parties for the Entry submitted into the Contest and for use as permitted in these Official Rules; (v) the posting and/or display of the Submission and any other use permitted in the Official Rules will not violate rights of any parties or otherwise breach any provision of any applicable law or regulation; (vi) use and posting of the Submission or any part of the Submission in connection with the Contest or as otherwise permitted by these Official Rules is and will be without any further review, notice, approval, consideration or compensation (except for any awarded prize as contemplated in these Official Rules), regardless of whether the Entry is a winning Entry; and (vii) the Submission submitted in this Contest has not been entered in any previous contest.
Each entrant hereby grants to Sponsor an everlasting, royalty-free, assignable, irrevocable, unrestricted, license to use, utilize, replicate, alter, adapt, modify, publish, broadcast, translate, produce derivative works from, distribute, present, display, sublicense and exercise all copyright and other intellectual property and other rights with respect to each Submission worldwide and/or to include, in part or in whole, any Submission in other works in any media now known or later created, anywhere and forever, without further review, notice, approval, consideration or compensation. Except where legally prohibited, submission of an Entry into this Contest constitutes entrant's irrevocable permission for Sponsor, the Dallas Cowboys and Ford Warriors in Pink on behalf of Ford Division, ("Ford Warriors in Pink") to use the entrant's name and city and state of residence, in whole or in part, in print, electronic media, broadcast media, or any other media or manner, whether now known or later created, in perpetuity, in any way Sponsor deems appropriate in connection with promoting the Contest and Sponsor's mission or any other purposes without further review, notice, approval, consideration or compensation.
5. JUDGING TO DETERMINE WINNERS: At the conclusion of the Entry Period, all eligible Submissions will be judged by professionals employed by or associated with Sponsor, Dallas Cowboys or Ford Warriors in Pink (such individuals are referred to as the "Contest Judges"). The Contest Judges will pick five (5) Winners based on the following judging criteria:
· Compelling Story of How Breast Cancer Has Impacted the Nominee (30% weight): Entrant provides an engaging Submission that describes how the nominee has been affected by breast cancer and his or her involvement with the breast cancer movement;
· The "More" Quality (20% weight): What the nominee has done to better herself or himself and/or those around her or him since being diagnosed with breast cancer.
· Dallas Cowboys Fan (30% weight): Entrant describes what participation in a Dallas Cowboys game day would mean to the nominee; and
· Quality of Submission (20% weight): The Submission is understandable, well prepared and presented and effectively tells a story.
In the event that there is a tie resulting in more than five (5) entries being the top five (5) ranked entries, the Contest Judges will re-judge those that are tied solely based on nominee's positive impact on breast cancer awareness as shown in the Submission. At the conclusion of the judging (and subject to Sponsor's verification and applicable entrant's and corresponding nominee's timely execution of the Affidavit of Eligibility and Liability and Publicity Release and affirmation of assignment of rights), the five (5) individual nominees who are nominated in the Submissions that received the five (5) highest number of votes will be deemed the Winners. All Winners must be available to visit Sponsor's Headquarters at the Contest Address on October 10, 2018 at a time to be determined in the sole discretion of Sponsor.
Sponsor and Contest Judges reserve the right not to award a particular prize or prizes in the event that there are insufficient Entries to award all prizes and/or the Entries received are insufficient to warrant the award of a prize. By participating, entrants and nominees agree to the decisions of the Contest Judges with respect to judging, which shall be final and binding in all respects.
6. PRIZES AND APPROXIMATE RETAIL VALUE ("ARV"): Subject to compliance with the Official Rules, Contest prizes will be awarded to the nominee nominated in a winning Entry (this may or may not be the same person as the entrant).
Each nominee who is a Winner will receive the following (date of prize delivery to Winners to be determined by Sponsor in its sole discretion):
· Retail Shopping experience that may include beauty/fashion experiences (ARV: $100);
· VIP experience at The Star, Dallas Cowboys World Headquarters for each Winner (no guests) to include chance to attend a Dallas Cowboys practice; Meet-and-greet with current and former Dallas Cowboys players, Dallas Cowboys Cheerleaders, Dallas Cowboys ownership and executive team and Sponsor leadership (dates and times to be determined in the sole discretion of Sponsor and the Dallas Cowboys); tour of The Star, the Dallas Cowboys new world HQ, and catered lunch (ARV: Priceless);
· Limo/car service for the Winner between Komen HQ, The Star and Retail Shopping experience (ARV: N/A).
· Two (2) tickets (Winner and one (1) guest) to the October 14, 2018 Dallas Cowboys vs. Jacksonville Jaguars game (ticket location to be determined in the sole discretion of the Dallas Cowboys) (ARV: $680.00);
· On-field halftime honorary recognition experience and halftime show participation for the Winner only (no guest) at the October 14, 2018 game (to be determined in the sole discretion of the Dallas Cowboys) (ARV: N/A);
· Selected merchandise including Dallas Cowboys merchandise (ARV: $125.00);
· One (1) night hotel accommodations for the Winner and his/her guest for the night before the October 14, 2018 game ONLY IF the Winner's place of residence is at least 100 miles from AT&T Stadium (AVR: $200.00).
Prizes only includes the items stated above and do not include, among other things, (i) transportation to/from the Winner's city of residence, hotel accommodations, additional food and beverage, or gratuity with regard to the Winner's visit to Sponsor's Headquarters on October 10, 2018; or (ii) transportation for the Winner and his/her guest from their cities of residence, transportation within the Dallas/Fort Worth metroplex, additional hotel accommodations, additional food and beverage, or gratuity with regard to the attending of the Dallas Cowboys game on October 14, 2018. ARV may vary depending upon gift substitutions and/or price changes. If the actual value of a prize is less than the stated ARV, the difference will not be awarded. Other restrictions may apply. No substitution, cash redemption or transfer of a prize is allowed. All events included in the prize ("event") will be conducted "rain or shine." Sponsor assumes no responsibility for cancelled, delayed, suspended or rescheduled events. If an event is cancelled due to unforeseen weather or other circumstances, that portion of the prize is no longer valid and that specific event will be considered null and void. All prizes are subject to change and/or cancellation. Sponsor and/or the Dallas Cowboys reserve the right to deny entrance to an event. Event tickets lost or stolen cannot be replaced. The resale or attempted resale of a ticket is prohibited and if discovered will result in the ticket being voided without the award of any substitute prize, exchange or payment of any cash equivalent value. An IRS Form 1099 for the fair market value of the prize will be filed and a copy provided to each Winner. Each Winner must provide Sponsor with his or her social security number and home address so that the Form 1099 can be provided. All applicable federal, state, local and other taxes and fees associated with the prize and expenses not stated related to acceptance and use of a prize are solely the responsibility of the Winner.
The event may be included as a "More Good Days" Event by Ford Warriors in Pink and materials from the contest may appear on Ford Warriors in Pink's "More Good Days" social channels.
7. NOTIFICATION – TIME IS OF THE ESSENCE TO ACCEPT AND PROVIDE REQUIRED AFFIDAVIT AND RELEASE. Each tentative Winner will be notified via telephone and/or email on or about September 22, 2018. A notified person, at his or her sole discretion, may disclaim the Winner's prize by not claiming the Winner's prize or by not completing and returning to Sponsor, the Sponsor's Affidavit of Eligibility and Liability and Publicity Release (Winner) within seventy two (72) hours of attempted notification and in such case an alternate tentative Winner will be selected and this process will be repeated until such time as five (5) tentative Winners complete and return to Sponsor the Sponsor's Affidavit of Eligibility and Liability and Publicity Release (Winner) within seventy two (72) hours of attempted notification. At such time, subject to verification by Sponsor, a tentative Winner will be deemed a confirmed Winner. Except where prohibited by law, each Winner further grants to the Sponsor, Dallas Cowboys, Ford Warriors in Pink and its respective designees the right to use the name, photograph, videotape, voice, likeness and city of residence of the Winner and, if selected as a Winner, his/her guest, for purposes of advertising or promoting and publicizing the efforts and activities of the Sponsor, Dallas Cowboys, Ford Warriors in Pink and the Contest without further consideration and to release his or her name to persons requesting the name of the Winners of the Contest. Non-compliance or the return of any prize notification as undeliverable may result in disqualification and selection of an alternate Winner.
8. ELIGIBILITY: The Contest is open to entrants and nominees who are legal residents of one or more of the fifty United States and/or the District of Columbia who are 18 years of age or older as of the date of entry in the Contest as the case may be and eligible in accordance with these Official Rules. Void in all other jurisdictions. Employees, contractors, directors and officers, and vendors of Sponsor, its subsidiary and affiliated entities, advertising, and fulfillment agencies involved in the administration, development, fulfillment and execution of this Contest, Ford Warriors in Pink and the Dallas Cowboys (collectively, "Contest Parties"), and the immediate family members of each (spouse, domestic partner, parent, child, sibling, grandparent, and spouse, domestic partner or "step" of each) and those living in the same households of each are not eligible to participate. The Contest is subject to all federal, state, and local laws and regulations. Void where prohibited or where restricted by law in a manner inconsistent with these Official Rules.
9. ADDITIONAL INFORMATION REGARDING PRIZES: Sponsor and the Contest Parties assume no responsibility or liability for damages, losses, or injury resulting from acceptance or use of prize or participation in the Contest. Sponsor reserves the right to request from any entrant or nominee additional documentation it reasonably believes is necessary to validate any Entry or to award any prize.
10. GENERAL RULES: By participating in the Contest, entrants agree to these Official Rules and the decisions of Sponsor and the Contest Judges, as applicable, with respect to the Contest and the awarding of prizes, which shall be final and binding in all respects. Sponsor and its agents are not responsible for technical, hardware, software, online 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 for lost, late, stolen, incomplete, illegible, inaccurate, undelivered, delayed, mutilated, postage-due or misdirected mail, correspondence, communications, requests, claims or other errors or problems in connection with or relating to the Contest, including, without limitation, 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, or accessing or downloading information in connection with this Contest.
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 Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest process, then Sponsor reserves the right at its sole discretion to cancel the Contest and determine the Winners by having the Contest Judges judge from among all eligible Entries received prior to cancellation, based on the judging criteria listed above in Rule #5. If a court of competent jurisdiction deems any provision of these Official Rules invalid or unenforceable, such provisions shall be enforced to the maximum extent permitted and the remaining provisions of the Official Rules shall remain in full force and effect.
11. UNSPORTSMANLIKE CONDUCT: Sponsor reserves the right in 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 Site; 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. Any attempt to use multiple e-mail or user accounts or other tactics to enter or vote more than the stated limit of this Contest may result in disqualification and all associated Entries and/or votes will be void.
12. RELEASE AND LIMITATION OF LIABILITY:
In connection with any involvement and/or activities related to any prize, each Winner and his/her guest (as applicable) does hereby: (1) acknowledge and accept sole responsibility for all of the hazards and risks to him/herself and his/her property associated with or related to participation and for any damage or injury that he/she may cause to others; (2) acknowledge and assume all risk and danger incidental to participation in events in connection with the prize; and (3) hereby release, waive and forever discharge any and all claims of damages or causes of action, including but not limited to, death, personal injury or loss or damage to property, which he/she or any of his/her representatives, heirs, next of kin or assignees (collectively "Representatives") may have or which may hereinafter accrue to him/her or his/her Representatives as a result of participating or otherwise which may be asserted by his/her or his/her Representatives against the Released Parties (as defined below), whether caused by the acts, omissions or negligence of the Released Parties or by any other person or entity.
RELEASE: BY PARTICIPATING IN ANY ASPECT OF THE CONTEST, YOU AGREE TO THE FULL EXTENT PERMITTED BY LAW TO RELEASE AND HOLD HARMLESS SPONSOR, CONTEST JUDGES, CONTEST PARTIES, THE NATIONAL FOOTBALL LEAGUE AND ITS MEMBER CLUBS, NFL ENTITIES (AS DEFINED BELOW), COWBOYS STADIUM, L.P., AT&T SERVICES, INC. (WITH RESPECT TO PRIZE FULFILLED AT AT&T STADIUM), LEGENDS HOSPITALITY, LLC, THE CITY OF ARLINGTON, 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 (COLLECTIVELY, THE "RELEASED PARTIES"), FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF PARTICIPATION IN ANY PART OF THE CONTEST (INCLUDING, WITHOUT LIMITATION, PREPARING FOR OR PARTICIPATING IN OR SUBMITTING ANY ENTRY AND/OR FROM ANY CONTEST RELATED ACTIVITY) OR RECEIPT OR USE OF ANY PRIZE, INCLUDING PROPERTY DAMAGE, PERSONAL INJURY OR DEATH. YOU FURTHER AGREE THAT IN ANY CAUSE OF ACTION, THE RELEASED PARTIES' LIABILITY WILL BE LIMITED TO THE COST OF PARTICIPATING IN THE CONTEST, AND IN NO EVENT SHALL THE CONTEST PARTIES BE LIABLE FOR ATTORNEYS' FEES, PUNITIVE, CONSEQUENTIAL, DIRECT OR INDIRECT DAMAGES AND YOU WAIVE THE RIGHT TO CLAIM ANY DAMAGES WHATSOEVER. YOU HEREBY WAIVE ALL RIGHTS AND RELEASE EACH OF THE RELEASED PARTIES FROM ANY CLAIM OR CAUSE OF ACTION, WHETHER NOW KNOWN OR UNKNOWN, OF ANY KIND, INCLUDING BUT NOT LIMITED TO DEFAMATION, INVASION OF RIGHT TO PRIVACY, PUBLICITY OR PERSONALITY OR ANY SIMILAR MATTER, RELATING TO THE CONTEST, THE OPERATION THEREOF, OR ANY SUBMISSION, OR BASED UPON OR RELATING TO THE USE AND EXPLOITATION OF THE ENTRIES AS CONTEMPLATED HEREIN, OR USE IN CONTEST SITE FORM, EITHER INTENTIONALLY OR OTHERWISE. YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE READ THESE OFFICIAL RULES AND ARE FULLY FAMILIAR WITH THEIR CONTENTS.
13. APPLICABLE LAWS AND JURISDICTION: Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of Texas. All disputes arising out of or connected with this Contest will be resolved individually, and without resort to class action, exclusively by a state or federal court located in the judicial district encompassing Dallas, Texas. Should there be a conflict between the laws of the State of Texas and any other laws, the conflict will be resolved in favor of the laws of the State of Texas. All judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys' fees) associated with participation in this Contest and shall not include any indirect, punitive, incidental and/or consequential damages.14. WINNERSLIST: For the name of the Winners, available online after the awarding of the final Prize per Rule #1, visit the Contest Site. To receive a copy by mail, send a self-addressed stamped envelope (except where not required by applicable law) to: Sponsor at the Contest Address. Limit one request per outer mailer which should be marked "Star Survivor Contest Winners List Request." Requests must be received by December 31, 2018.
15. NFL ENTITIES: The National Football League, its member professional football clubs, NFL Ventures, Inc., NFL Ventures, L.P., NFL Properties LLC, NFL Enterprises LLC and each of their respective subsidiaries, affiliates, shareholders, officers, directors, agents, representatives, and employees (collectively, the "NFL Entities") will have no liability or responsibility for any claim arising in connection with participation in this Program or any prize awarded. The NFL Entities have not offered or sponsored this Program in any way.
16. PRIVACY: Sponsor collects and uses entrants' personal information for the purpose of administering this Contest. The name of each Winner may be listed on the Contest Site and Ford Warriors in Pink's "More Good Days" social media pages such as Facebook, Instagram and Twitter and may be listed elsewhere in Sponsor's materials. No marketing communications will be received by entrants by virtue of entry unless entrants provide express permission.