These official rules (“Official Rules” or “Rules”) govern the ShurTech Brands, LLC 2019 “DUCK® BRAND DUCT TAPE STUCK AT PROM® SCHOLARSHIP CONTEST” (“Contest”). The act of entering the Contest constitutes acceptance of the Rules as contained herein and of the decisions of ShurTech Brands, LLC, which are final and binding in all respects. A copy of these Official Rules may also be found at www.stuckatprom.com.
1. Sponsor and Moderator. Sponsored by ShurTech Brands, LLC, 32150 Just Imagine Drive, Avon, Ohio 44011-1355 (“Sponsor”). Moderated by Cohen-Friedberg Associates, LLC, 17 Lantern Road, Framington, Massachusetts 01701 (“Moderator”).
2. Eligibility. The Contest is open to any participant who meets the following requirements (an “Eligible Participant”): (i) is a legal resident of (and is physically located or resides in) the United States, District of Columbia, Puerto Rico, and all U.S. territories and possessions (excluding Arizona, Maryland, Tennessee, Vermont, and Colorado), or is a legal resident of (and is physically located or resides in) Canada (excluding the Province of Quebec); and (ii) is 14 years of age or older. Anyone who was designated as a Finalist in a previous Duck® Brand Duct Tape Stuck at Prom® Scholarship Contest is not eligible to participate in this Contest. Void where prohibited. The following persons are ineligible to enter: Employees, directors and officers (and their immediate families including spouse, parents, children, siblings, and their respective spouses), and their respective household members (whether related or not), of Sponsor or Moderator, and their respective affiliates, subsidiaries, divisions, advertising and promotion agencies, and all others associated with the design, execution, production, development, and promotion of this Contest.
3. Timing. The Contest begins at 12:00:00 PM Eastern Daylight Savings Time (“EDT”) on April 1, 2019 and ends at 11:59:59 PM EDT on July 9, 2019 (the “Contest Period”). Eligible Participants will have the opportunity to submit their entry in the Contest from 12:00:00 PM EDT on April 1, 2019 through 11:59:59 PM EDT on June 3, 2019 (the “Entry Period”). All components of each entry must be submitted online within the Entry Period in accordance with these Official Rules and received by 11:59:59 PM EDT on June 3, 2019 in order to be eligible. Each entry will be scored by a panel of judges from June 4, 2019 through June 18, 2019 (the “Judging Period”) and the top-scoring entries (the “Finalists”) will move on to Community Voting (as defined below) which will run from 12:00:00 PM EDT on June 18, 2019 through 11:59:59 PM EDT on June 28, 2019 (the “Community Voting Period”). After the end of the Community Voting Period, Sponsor will determine and validate the final winners of the Contest. The final winners will be announced on or about July 9, 2019.
4. How to Enter. Eligible Participants may enter the Contest as one single individual only (“Entrant”). Each Entrant must create and wear to a prom: prom attire consisting of either a complete dress (the “Dress Category”) or a complete tuxedo (the “Tux Category”) and accessories made using Duck® brand duct tape and/or Duck® brand crafting tape (“Duck Tape® Prom Attire”). Other materials, in addition to Duck® brand duct tape, may be used or incorporated into the design. Entrants must submit at least one photo of the Entrant showing the Entrant wearing Duck Tape® Prom Attire; the location of the photograph is at the discretion of the Entrant. The Duck Tape® Prom Attire: (i) must be an original creation, (ii) may not have previously won any award or Contest, or (iii) may not copy, incorporate or be based on the work of a third party. Any entry as such is subject to disqualification at the discretion of Sponsor. Assistance from family and/or friends is permitted in creating the Prom attire; however, paid professionals cannot participate in any way.
Entrants may enter the Contest via the Duck® brand Website at www.stuckatprom.com. Once the Entrant accesses the entry form, the Entrant will be asked to submit the following: (i) at least one, but up to five, high-resolution (300 DPI) color photographs (professional or amateur) of the Entrant in Duck Tape® Prom Attire, (ii) each Entrant’s first name, last name, address, state or province, country, zip or postal code, phone number, email address, age, (iii) written details about their outfit as requested on the entry form, or upload a video showing the requested details about their outfit in accordance with the instructions on the entry form, and (iv) photographer release form if the photo submission is professional (to be obtained from the photographer and uploaded with entry) (collectively the “Contest Entry” or “Contest Entries” as applicable). Entrants must acknowledge that they have read and agree to the Official Rules by checking the box that appears on the entry form. Contest Entries must be in the English language. All components of each Contest Entry must be submitted online in accordance with these Official Rules and received within the Entry Period in order to be eligible. Online Contest Entries only. No other method of Contest Entry will be accepted.
Any Entrant who is a minor must notify his/her parent/guardian, have the consent of his or her parent/guardian and provide parent/guardian with the option to opt-out their entry from admission in the Contest.
If AN ENTRANT IS between the ages of 14 - 17 years old, or otherwise considered a minor in the jurisdiction of the entrant's residence, THE ENTRANT will be required to enter HIS OR HER parent or legal guardian’s first name, last name and Email address in addition to THE ENTRANT'S own NAME. THE ENTRANT will continue to submit THE entry to completion, and an approval Email will be sent to the parent or legal guardian confirming THE entry, with the subject line “Stuck at Prom® Contest Parental Consent”. The parent/legal guardian can then elect to opt-out their child and prevent them from entering by clicking the link provided. If a parent does not elect to opt-out their child, the entry submitted will be accepted. A parent can opt-out their child at any time during the Contest Period.
When a Contest Entry is received, the Entrant will be notified via email. After a moderation period, the Entrant will receive an email notification that the submission has been accepted or denied. Please do not call or email Sponsor until forty-eight (48) hours after submitting a Contest Entry. Online viewing of the Contest Entries will be available upon receipt and acceptance of the first Contest Entry, and may be posted indefinitely, at the Sponsor’s sole discretion.
By participating in the Contest, Entrants are providing information to ShurTech Brands, LLC, not to any website providers (“Providers”). Entrants hereby release Providers from any and all liability in connection with the Contest. Entrants also acknowledge that the Contest is in no way sponsored, endorsed or administered by, or associated with any Providers.
5. Judging. During the Judging Period, all eligible Contest Entries in the Dress Category and Tux Category, respectively, will be judged by a panel of expert judges (the “Judges”) based on the following criteria: (i) Workmanship – 20%; (ii) Originality – 20%; (iii) Use of colors- 20%; (iv) Accessories – 20%; (v) Use of Duck® Brand Duct Tape – 20%. The panel of Judges will be selected by the Sponsor in its sole discretion. Based on the Judges' scores, and as determined by Sponsor, the five (5) top-scoring Contest Entries in the Dress Category and the five (5) top-scoring Contest Entries in the Tux Category will be declared finalists (each a “Finalist”, together the “Finalists”) and will move on to the Community Voting Period. In the event of a tie in either the Dress Category or the Tux Category, the Contest Entries involved in the tie will be reviewed by an additional Judge who will serve as a tiebreaker and who will evaluate entries according to the judging criteria listed above. Decision of Judges is final and binding on all matters relating to this Contest. Finalists will be notified on or about June 18, 2019.
Becoming a Finalist is subject to validation and verification of eligibility and compliance with all terms and conditions set forth in these Official Rules. The odds of winning a prize depend on the total number of eligible Entrants in the Contest, the quality of the Entries and the number of votes received.
6. Finalist and Winner Notification. Finalists will be notified on or about June 18, 2019 and all winners will be notified on or about July 9, 2019 by U.S. mail and/or overnight mail and/or email and/or telephone using the contact information provided at the time of entry. Finalists and winners may be required to provide copies of intellectual property (IP) releases (if applicable) and will be required to sign an affidavit/declaration of eligibility and liability release and, where legal, a publicity release. Finalists and winners who are U.S. residents will be required to properly sign and return applicable federal and state tax documentation within forty-eight (48) hours of issuance via fax or email or within five (5) days of issuance via regular U.S. mail. Failure to return any or all documents fully-executed within the specified time period, or if any notification is returned as undeliverable, will result in disqualification and a runner-up winner may be selected, time permitting, and at Sponsor’s sole discretion. If a winner is less than eighteen (18) years of age, or is eighteen (18) years of age or older but deemed a minor in his/her state or place of residence, the prize will be awarded in the name of a parent or legal guardian.
7. Community Voting. All eligible Finalist Contest Entries will appear on the Contest Voting Site (the “Voting Site”) accessible at www.stuckatprom.com either as a Dress Category Finalist or a Tux Category Finalist, respectively. During the Community Voting Period, members of the online community, Finalists, and Entrants who wish to vote for a Dress Category Finalist or Tux Category Finalist must first register to vote by logging in to the Voting Site and provide their email address prior to voting (the “Eligible Voters”). Eligible Voters may vote for the Finalist and Category Entry of their choice. Voting is limited to one (1) vote in each of the Dress Category and the Tux Category per email address per day. A day is defined as 12:00:00 AM EDT to 11:59:59 PM EDT. Subsequent votes submitted per email address per day will be void. The Entry of each Finalist, as-is or as may be edited by Sponsor, will be posted and made publicly available on the Voting Site. Votes may only be submitted online. All votes must be received between 12:00:00 PM EDT on June 18, 2019 and 11:59:59 PM EDT on June 28, 2019 to be valid. If any Finalist or Entrant is found to be soliciting votes in return for a purchase or payment of any kind, that Finalist or Entrant will be disqualified at the Sponsor’s sole discretion. Finalists and Entrants are prohibited from obtaining votes by any fraudulent or inappropriate means or practices, including, without limitation, offering prizes, payments or other inducements, to members of the public and/or using any websites designed to induce individuals or provide other incentives to vote for their entry, as determined by Sponsor in its sole discretion. Use of script, macro or any automated system or practice to vote or with the intent to impair the integrity of the voting process is prohibited and all such votes will be void.
8. Determination of Winners. Upon the close of the Community Voting Period, Sponsor will tally the online votes. Sponsor reserves the right to disregard any votes it reasonably deems ineligible or fraudulent. The Finalist receiving the greatest number of valid votes in the Dress Category will be selected as the winner of the Dress Category and awarded the First Place Prize for the Dress Category. The Finalist receiving the greatest number of valid votes in the Tux Category will be selected as the winner of the Tux Category and awarded the First Place Prize in the Tux Category. The remaining Finalists will each be awarded a Runner’s Up Prize. Winning is subject to validation and verification of eligibility and compliance with all terms and conditions set forth in the Official Rules. Winners will be notified via either one or more of the following methods: U.S. mail, overnight mail, email and/or telephone, on or about July 9, 2019. In the event of a tie score between two or more Dress Category Finalists or Tux Category Finalists, the tied Entrants will be asked to provide a written answer to the following question (“Tie Breaker Question”):
How do you plan on using Duck® Brand Duct Tape in college?
The answer to the Tie Breaker Question should be no more than 150 words in length and will be judged based on originality and creativity. Answers more than 150 words in length will be disqualified. Answers to the Tie Breaker Questions should be sent via email to an email address that will be provided by Sponsor upon notification of the Finalists. Answers to the Tie Breaker Questions must be submitted by Finalists within three (3) days of notification by Sponsor. Answers to the Tie Breaker Questions that are not received within the three (3) day period will disqualify the Finalist.
9. Prizes. There will be a total of ten (10) Scholarship prizes awarded from among all eligible Contest Entries:
One (1) First Place Prize – Dress Category: $10,000 Cash Scholarship will be awarded to the winning Finalist in the Dress Category.
One (1) First Place Prize – Tux Category: $10,000 Cash Scholarship will be awarded to the winning Finalist in the Tux Category.
Total Approximate Retail Value of all First Place Prizes (Total “ARV”): $20,000.
Eight (8) Runners Up Prizes: $500 Cash Scholarship and Duck® Brand Prize Packs (ARV $100 each) will be awarded to the remaining Finalists in each of the Dress and Tux Categories.
Total ARV for all Runners Up Prizes: $4,800.
ARV of all prizes is reflected in U.S. Dollars. Total ARV of all prizes is $24,800. All taxes and any other costs not specifically stated within these Official Rules are the sole responsibility of the winners. Prizes may not be transferred or substituted, except at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize of equal or greater value if advertised prize is unavailable at the time the prize is awarded. Allow 6-8 weeks for delivery of a prize. Limit one prize per Entrant/email address.
10. General Entry Conditions. LIMIT ONE CONTEST ENTRY PER ENTRANT. Subsequent submissions made by the same Entrant will not be considered. If a dispute results as to the identity of an online Entrant, it will be determined that the online Entry was submitted by the authorized account holder of the email address from which the entry is made. For these purposes, the authorized account holder is the natural person assigned to an email address by an internet access provider, on-line service provider or other organization responsible for assigning email addresses or the domain associated with the submitted email address. The promotional website’s database clock will be the official timekeeping device for the Contest.
By submitting a photograph, a participant hereby acknowledges that they own or have secured all rights to use, publish and copyright the photograph. Photographs and Videos must be of good quality. Modifying, enhancing, retouching or altering any photographs provided in connection with this Contest in any way may disqualify the Contest Entry, at the sole discretion of the Sponsor. An Entrant may be required to provide a release to the Sponsor for the submitted photograph, at the Sponsor’s sole discretion. If a photograph is taken by another party (“Photographer”), Entrant to the Contest must receive permission from the Photographer to submit the selected photograph in the Contest.
Entrants to the Contest may use the Sponsor’s name, logo and product in their Contest Entry.
Incomplete Contest Entries or Contest Entries not complying with these Official Rules are subject to disqualification. Contest Entries that have been generated by a script, macro, bot or any other automated means will be deemed void. Sponsor is not responsible for late, lost, incomplete, illegible, damaged, or misdirected Contest Entries. Sponsor’s decisions are final on all matters relating to this Contest.
11. Content Restrictions. The Contest Entry must be in keeping with the Sponsor’s image, and may not be offensive, nor can it defame, or invade upon the publicity rights or privacy of any person or otherwise infringe upon any person or entity’s intellectual property, personal or proprietary rights, as determined by Sponsor and the Contest judges in their sole discretion. Sponsor reserves the right, at its sole discretion, to remove any Contest Entry posted to the website that the Sponsor feels is inappropriate, objectionable and/or inconsistent with the positive image and/or good will it wishes to promote in this contest. If Contest Entry is removed from the website by Sponsor, Contest Entry may be automatically disqualified at Sponsor's sole discretion.
All eligible participants acknowledge and agree that all Contest Entry materials submitted in connection with this Contest are submitted on a non-confidential and non-proprietary basis and may be used by Sponsor, its agents and subsidiaries, for advertising and promotion purposes including, without limitation, in connection with the promotional website and the Voting Site described herein. Each Entrant to the Contest must either (i) be the sole and exclusive owner of all rights (including, without limitation, all intellectual property rights) in and to all content and elements incorporated into or used in the Contest Entry; or (ii) have the express written permission to use such content and elements from the owner(s) of the rights to such content and elements. Any Entrant whose Contest Entry includes likenesses of third parties or contains content or elements not owned by the Entrant (such as, but not limited to, use of songs, proprietary names, trademarks, or logos) must be able to provide written legal releases (in a form that is satisfactory to Sponsor) that permit the Entrant to use and exploit such content and elements in the manner used and exploited and that permit Sponsor’s right to use and exploit the content and materials in accordance with these Official Rules (each an “IP Release”) before the Contest Entry can be eligible to be declared a Finalist or winner.
Contest Entry shall not include, individuals who are: 1) represented under a contract (e.g., by a talent agent or manager) that would limit or impair Sponsor's ability to display the Contest Entry as permitted by these Official Rules; 2) subject to a contract that would make such individual's appearance in the photograph a violation of any third-party rights; or 3) under any other contractual relationship, including but not limited to guild and/or union memberships, that may prevent Sponsor from being able to use the photograph worldwide in all media in perpetuity on a royalty-free basis, without payment or fee obligations. In the event the likeness of a minor is included in a Contest Entry, Entrant must provide a legal release from the parent/legal guardian of the minor depicted in the Contest Entry.
12. Grant of License. By entering the Contest, Entrant grants Sponsor, its agents, subsidiaries and affiliates (the “Licensees”) a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, database rights and any other rights Entrant has in the Contest Entry, in any media now known or hereafter devised (including without limitation, the internet), without any compensation. Further, by entering the Contest, Entrant grants Licensees the additional license to modify, adapt, translate, create derivative works from, and distribute the entry (with the understanding that Licensees are under no obligation to do so), or incorporate the entry into any form, medium or technology, including the right, at each Licensee’s sole discretion, to publish the entry and to use the entry for advertising and promotional purposes. Licensees shall not be required to designate Entrant as the creator or author of an entry that is distributed or otherwise exploited by Licensees, or include any references to Entrant on, or in connection with, any entry that is distributed or otherwise exploited by Licensees.
By submitting a Contest Entry, Entrant acknowledges and agrees that Sponsor may obtain many Contest Entries in connection with this Contest and/or other contests staged and/or promoted by the Sponsor, and that such Contest Entries may be similar or identical in theme, idea, format or other respects to other Contest Entries submitted in connection with this Contest and/or other contests sponsored by the Sponsor or submitted for other reasons or other materials developed by the Sponsor. Entrant waives any and all claims Entrant may have had, may have, and/or may have in the future, that any Contest Entry and/or other works accepted, reviewed and/or used by the Entrant may be similar to his/her Contest Entry, or that any compensation is due to Entrant in connection with such Contest Entry or other works used by Sponsor. By submitting a Contest Entry, Entrant hereby grants permission for the Contest Entry to be posted on the Voting Site, www.stuckatprom.com or other websites. Contest Entrant agrees that Sponsor is not responsible for any unauthorized use of Contest Entries by third parties. Sponsor does not guarantee the posting of any Contest Entry.
13. Representations and Warranties. Each Eligible Participant represents and warrants that: (i) the Contest Entry complies with these Official Rules; (ii) the Contest Entry is original and has not previously won any award or Contest; (iii) the Contest Entry does not and will not infringe any third party’s copyright, patent, trademark, trade secret or other intellectual property or proprietary rights or rights of publicity or privacy; (iv) that the Contest Entry is not the subject of any actual or threatened litigation or claim; (v) the Contest Entry is not obscene, offensive, libelous, pornographic, threatening, abusive, or otherwise objectionable; (vi) the Contest Entry does not contain illegal content, encourage a criminal offense or otherwise give rise to liability or violate any law; (vii) the Contest Entry does not display any logos or trademarks not owned by the Entrant (except the Duck® Brand Duck Tape® trademark), or the Entrant has provided Sponsor with an applicable IP Release; (viii) the Contest Entry does not include any disparaging remarks relating to the Sponsor or any third party. Entrant acknowledges that nothing herein shall constitute an employment, joint venture, or partnership relationship between Entrant and Sponsor. In no way is Entrant to be construed as the agent or to be acting as the agent of Sponsor in any respect.
14. No Liability & Indemnification. ENTRANTS HEREBY AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR, MODERATOR AND EACH OF THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, DIVISIONS, ADVERTISING AND PROMOTION AGENCIES, EMPLOYEES, OFFICERS, DIRECTORS AND SHAREHOLDERS (COLLECTIVELY, THE “RELEASEES”) FROM ANY CLAIMS, ACTIONS, INJURY, LOSS OR DAMAGE OF ANY KIND, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH, RESULTING FROM PARTICIPATING IN THIS CONTEST, OR FROM THE ACCEPTANCE, POSSESSION, OR USE OR MISUSE OF ANY PRIZE AWARDED OR PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY. THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OF DAMAGE TO PROPERTY; AND CLAIMS OF THIRD PARTIES. PARTICIPANTS AGREE THAT SPONSOR HAS NOT MADE NOR IS IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, STATUTORY, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE), IN FACT OR IN LAW, RELATIVE TO THE CONTEST OR ANY PRIZES AWARDED HEREIN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SPONSOR DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO SPONSOR'S WEBSITE AND SPONSOR SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATED THERETO. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS. THE PROVISIONS REGARDING IMPLIED WARRANTIES ARE VOID IN SOME JURISDICTIONS WHERE IMPLIED WARRANTIES ARE PRESCRIBED BY LAW.
Releasees are not responsible for lost, late, illegible, damaged or stolen entries or submissions, or problems of any kind, whether mechanical, human or electronic. Releasees are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, inability to access a website or submit an entry, vote, fraud, incomplete, garbled, or delayed computer transmissions or inaccurate transcription of entry information, whether caused by the Releasees, users or by any of the equipment or programming associated with or utilized in this Contest or by any technical or human error which may occur in the processing of submissions which may damage a user’s system or limit a participant’s ability to participate in the Contest. Sponsor reserves the right, in its sole discretion, to cancel or suspend part or all of this Contest at any time without notice, if virus, bugs, non-authorized human intervention or other causes corrupt or impair the administration, security, fairness or integrity and proper play of the Contest. In such event, Sponsor may, at its sole discretion, void any entries it suspects are at issue and award prizes from among all eligible entries/votes received up to the date of cancellation.
ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY ONLINE SERVICE RELATED TO THIS CONTEST OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW AND/OR CRIMINAL PROSECUTION.
Sponsor’s failure to enforce any term of these Rules shall not constitute a waiver of that or any other provision. Sponsor reserves the right to disqualify Entrants who violate the Rules or interfere with this Contest in any manner. If an Entrant is disqualified, Sponsor reserves the right to terminate that Entrant’s eligibility to participate in this Contest and/or future Contests.
15. Additional Conditions of Participation. By entering, Entrants (or their parents/legal guardians, if applicable) agree to be bound by these Official Rules including all eligibility requirements. Sponsor will collect information from the Entrant solely for the purpose of administering the Contest and to notify the winners. Sponsor will not share this information with any third parties, except as necessary for the administration of the Contest.
16. Disputes. Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrants and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Ohio, without giving effect to any choice of law or conflict of law rules (whether of the State of Ohio, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Ohio.
17. Request for Names of Prize Winners and Official Rules. For a List of Winners and/or a copy of these Official Rules, send a self-addressed stamped envelope to: ShurTech Brands, LLC, 32150 Just Imagine Drive, Avon, OH 44011. All requests for a copy of the Official Rules and the names of winners must be made by August 13, 2019. Residents of Canada may omit return postage. Please note on the front left-hand corner of your outer envelope whether you are requesting “Official Rules” or “Prize Winners.”