47 #ThanksBigPapi Contest
As the Red Sox eye another championship run, and a baseball legend retires at season’s end, we’re asking fans, what does Big Papi mean to you?
With Boston as our shared home, at ’47 we’re very familiar with the impact David Ortiz has had on the local and global sports communities. If you’ve been following us this season, you know we’ve expressed our fair share of gratitude at the big guy. Now, we’re passing the mic to you, his truest fans, so that your funny, meaningful, random, unforgettable memories can be celebrated.
Help us give number 34 the sendoff he deserves, and you’ll get a chance to add another memory to the bank. Five lucky winners will be invited to meet David Ortiz this weekend, and receive a prize pack from the ’47 Big Papi Shop!
Please review the official rules below before submitting your entry. Good luck!
All entries must be received by September 29th at 11:59 pm. Submissions are open to all US residents. NO PURCHASE NECESSARY.
’47 #ThanksBigPapi Contest
OFFICIAL RULES FOR THE ’47 #THANKSBIGPAPI CONTEST
NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF BEING SELECTED.
DESCRIPTION: The “’47 #ThanksBigPapi Contest” begins on or about September 27th, 2016 5:00 p.m. Eastern Time (“ET”) and ends on September 29th, 2016 at 11:59 p.m. ET (the “Submissions period”). During the Submissions Period entrants will have the opportunity to submit a comment, image or video using their Facebook, Twitter, and Instagram accounts (a “Submission”) for consideration as more fully set forth below. At the end of the Submission Period, ’47 shall select an entrant or number of entrants to be determined in ’47 sole discretion from among all eligible Submissions received during the Submission Period, as set forth more fully below. Entry in the ’47 #ThanksBigPapi Contest does not constitute entry into any other contest, promotion, contest or sweepstakes. By participating in the’47 #ThanksBigPapi Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of ’47, 15 SW Park, Westwood, MA 02090 (“47 Brand”), which shall be final and binding in all respects. This ’47 #ThanksBigPapi Contest is in no way sponsored, endorsed or administered by, or in association with Facebook, Twitter, and Instagram.
Each Selected Fan will receive an invite to meet David Ortiz and enjoy a VIP shopping experience at the Big Papi Shop on Yawkey Way in Boston, MA, a retail value of approximately $300.00. If the Selected Fan (or Selected Fans) does not/do not or cannot attend due to scheduling conflicts, cancellations, postponement, an event of force majeure, or for any other reason, such Selected Fan(s) may be disqualified and an alternate Selected Fan(s) may be selected. ’47 will not provide travel arrangements or hotel accommodations for any Selected Fan(s).
IMPORTANT NOTE: By entering the ’47 #ThanksBigPapi Contest, all entrants understand and agree that all Submissions will be posted on the Internet, and other media as designated by ’47 in its sole discretion, inclusive of David Ortiz at any time, for public view and any such posting will be deemed made at the direction of the entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act. Further, no entrant will be eligible to be selected unless ’47 determines, in its sole and absolute discretion, that such entrant’s Submission has been or can be sufficiently cleared for legal purposes and that such entrant is otherwise eligible to participate in the ’47 #ThanksBigPapi Contest.
Limit one entry per person and/or household and/or e-mail address. Limit one Submission per person and/or household and/or e-mail address. Entries using more than one Facebook account will be ineligible. All entries must be received by the end of the Submissions Period in order to be considered. ’47 will be the official timekeeper for this Submission Period. Proof of entering information on Facebook, Twitter, and Instagram is not considered proof of delivery to or receipt by ’47 of such entry.
ELIGIBILITY: This ’47 #ThanksBigPapi Contestis open to persons who are eighteen (18) years of age or older (and have reached the age of majority in their jurisdiction) as of the date of entry. Directors, officers and employees of ’47, its parents, affiliates, subsidiaries, divisions, distributors, agents, professional advisors, printers and advertising, promotional and marketing agencies (all such individuals and entities collectively referred to herein as the “‘47”) and the immediate family members of each and persons living in the same household of each (whether related or not) are not eligible to enter the ’47 #ThanksBigPapi Contest. This ’47 #ThanksBigPapi Contest is void where prohibited by law.
SELECTION AND NOTIFICATION: At the end of the Submissions Period, the selected entrants (the “Selected Fans”) will be selected by ’47 (or its designee) based upon the following criteria: (i) how well the Submission reflects the ’47 image and ideals; and (ii) quality of and depth of detail in the post submission (iii) importance of David Ortiz and the Boston Red Sox to the Select Fans and (iv) fans voting by “likes” “comments” and “RTs” should ’47 share submission entries for public voting and input. The Judging Criteria are to be applied in the sole discretion of ’47; each entrant agrees to be bound by and not challenge the final decisions of ’47. ’47 will attempt to notify the potential Selected Fan by posting a comment on or replying to the potential Selected Fan’s Submission including ’47’s contact information. The potential Selected Fans must then contact ’47 using that contact information within one (1) day of notification. ’47 shall have no liability for any Selected Fan’s notification that is lost, intercepted or not received by a potential Selected Fan for any reason. If a potential Selected Fan does not respond within forty-eight (48) hours of the first notification attempt, or if the notification is returned as unclaimed or undeliverable to such potential Selected Fan, such potential Selected Fan will forfeit his or her position and an alternate Selected Fan may be selected. If any potential Selected Fan is found to be ineligible, or if he or she has not complied with these Official Rules or declines for any reason prior to the game, such potential Selected Fan will be disqualified and an alternate Selected Fan may (but is not required to) be selected.
Potential Selected Fans will only be contacted by the handles “@47Brand” or the ’47 Interactive Marketing Manager, “Victoria Barnaby”. Any other handles or contact through any other means are not authorized and have no affiliation with the ’47 #ThanksBigPapi Contest.
The Selected Fan(s) shall be responsible and liable for all federal, state and local taxes (and the reporting consequences thereof) on the value of their compensation and any other fees or costs associated with the acceptance of the’47 #ThanksBigPapi Contest and may be issued an IRS 1099 tax form and is/are advised to seek independent counsel regarding any forms of compensation received. Compensation will be awarded only if the potential Selected Fan(s) fully comply (lies) with these Official Rules. All portions of the’47 #ThanksBigPapi Contest are non-assignable and non-transferable. All details and other restrictions of the ’47 #ThanksBigPapi Contest not specified in these Official Rules will be determined by ‘47 in its sole discretion. No cash alternative or substitution of the Shoot will be allowed. The potential Selected Fan(s) may be required to execute an Affidavit of Eligibility, a Liability Release, Confidentiality Agreement and (where imposing such condition is legal) a Publicity Release (where permitted by law) and any other documents required by ‘47 (collectively, the “’47 #ThanksBigPapi Contest Documents”). If any potential Selected Fan fails or refuses to sign and return all ’47 #ThanksBigPapi Contest Documents within three (3) days of notification, the Selected Fan(s) may be disqualified and an alternate Selected Fan may be selected.
GENERAL CONDITIONS: This ’47 #ThanksBigPapi Contest is void where prohibited by law and is subject to all applicable federal, state, and local laws and regulations. ’47 makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any participation in the contest or compensation furnished in connection with the Submission Period or contest. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CONTEST AND RELATED COMPENSATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ’47 HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
Entrant represents and warrants that the Submission: (i) is the entrant’s own original, previously unpublished, and previously unproduced work; (ii) depicts or describes entrant honestly and accurately; (iii) does not contain any computer virus (as applicable), is otherwise uncorrupted, is wholly original with entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iv) does not and will not violate or infringe upon the intellectual property rights or other rights of any third party; and (v) does not and will not violate any applicable laws, and is not and will not be defamatory, libelous, disparaging or offensive. Each entrant hereby agrees to indemnify and hold ’47 harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder. The provision of this paragraph and entrant’s obligations hereunder shall survive the expiration of this ’47 #ThanksBigPapi Contest.
GRANT OF RIGHTS: For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, each entrant into the ’47 #ThanksBigPapi Contest hereby irrevocably grants David Ortiz and ’47 , its successors and assigns, a non-exclusive license (but not the obligation) to reproduce, publicly perform, stream, exploit and otherwise use the Submission throughout the universe, in perpetuity, for any reason whatsoever, including but not limited to the advertising, marketing, publicity and promotional purposes in any and all media, throughout the universe in perpetuity, without further notice to, consent by, or payment to entrant. In addition, each Selected Fan hereby irrevocably grants the David Ortiz and ’47, its successors and assigns, an exclusive license (but not the obligation) to reproduce, publicly perform, stream, exploit and otherwise use the Submission throughout the universe, in perpetuity, for any reason whatsoever. Without in any way limiting the foregoing, ’47 shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission for any purpose which ’47 deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein. ’47 shall have the right to freely assign its rights hereunder, in whole or in part, to any person or entity. ’47 shall retain the rights granted in each Submission even if the Submission is disqualified or fails to meet the Submission Requirements.
GENERAL LIABILITY RELEASE/FORCE MAJEURE: Acceptance of participation in the contest constitutes the Selected Fan’s permission for ’47 to use the Selected Fan’s name, video, image, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. Entrants agree that the David Ortiz, ’47, Facebook, Twitter, Instagram and affiliated employees and employed agencies: (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the contest or any Submissions Period-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse relating to the ’47 #ThanksBigPapi Contest, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to the ’47 #ThanksBigPapi Contest, including, without limitation, to such ’47 #ThanksBigPapi Contest quality or fitness for a particular purpose. ’47 assumes no responsibility for any damage to an entrant’s, or any other person’s, computer system which is occasioned by participating in the ’47 #ThanksBigPapi Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, ’47 is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. ’47 reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the’47 #ThanksBigPapi 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 ’47 #ThanksBigPapi Contest, or to annoy, abuse, threaten or harass any other person, and ’47 reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. If a dispute as to the identity of the individual who actually submitted an entry cannot be resolved to ’47’s satisfaction, the affected entry will be deemed ineligible. ‘47 reserves the right to modify, extend, suspend, or terminate the ’47 #ThanksBigPapi Contest if it determines, in its sole discretion, that the ’47 #ThanksBigPapi Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond ’47’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the ’47 #ThanksBigPapi Contest as contemplated herein. If an insufficient number of eligible entries are received and/or ‘47 is prevented from selecting Selected Fan(s) or continuing with the ’47 #ThanksBigPapi Contest as contemplated herein by any event beyond its 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, order of any court or jurisdiction, or other cause not reasonably within ’47’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, ’47 shall have the right to modify, suspend, extend or terminate the ’47 #ThanksBigPapi Contest. If the ’47 #ThanksBigPapi Contest is terminated before the designated end date, ’47 will (if possible) select the Selected Fan(s) from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Only participation described in these Official Rules will be awarded. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of ’47. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. If any provision 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.
NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each entrant hereby acknowledges and agrees that the relationship between the entrant and the ’47 is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the entrant’s Submission to ’47 for purposes of the ’47 #ThanksBigPapi Contest does not place the ’47 in a position that is any different from the position held by members of the general public with regard to elements of the entrant’s Submission. Each entrant understands and acknowledges that the ’47 have wide access to ideas, stories, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas or stories may be competitive with, similar or identical to the Submission and/or each other in theme, idea, plot, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of any use of any such similar or identical material. Each entrant acknowledges and agrees that the ’47 do 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 copyright in and to the Submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of actual or alleged exploitation or use of any Submission or other material submitted in connection with the ’47 #ThanksBigPapi 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, 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.
NO OBLIGATION TO USE: ’47 shall have no obligation (express or implied) to use any Submission or any materials or content created by the entrant (collectively, the “Materials”), select any Selected Fans, or to otherwise exploit any Submission or Materials or, if commenced, to continue the distribution or exploitation thereof, and ’47 may at any time abandon the use of the Submission or Materials for any reason, with or without legal justification or excuse, and contestants shall not be entitled to any damages or other relief by reason thereof.
ANTICIPATED NUMBER OF ENTRANTS: Because of the unique nature and scope of the ’47 #ThanksBigPapi Contest, ’47 reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the ’47 #ThanksBigPapi Contest. ‘47 cannot accurately predict the number of entrants who will participate in the’47 #ThanksBigPapi Contest.
FURTHER DOCUMENTATION: If ’47 shall desire to secure additional assignments, certificates of engagement for the Submission, the Materials or other documents as ’47 may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each entrant agrees to sign the same upon ’47’s request therefor.
GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR ‘47 IN CONNECTION WITH THE KICKOFF GIVEAWAY SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF MASSACHUSETTS WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
ARBITRATION PROVISION: By participating in this ’47 #ThanksBigPapi Contest, each entrant agrees that (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) the entrant may have against ’47 arising out of, relating to, or connected in any way with the ’47 #ThanksBigPapi Contest, the awarding or redemption of participation in the ’47 #ThanksBigPapi Contest and/or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Boston, MA; (4) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the ’47 #ThanksBigPapi Contest; (5) the arbitrator shall apply Massachusetts law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only the entrant’s and/or the applicable ’47’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against the entrant, ’47 agrees to pay them and/or forward them on the entrant’s behalf, subject to ultimate allocation by the arbitrator. In addition, if entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, ’47 will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither entrant nor ’47 shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.