© 2019 Big Red All rights reserved
BIG RED’S 2019 FIESTA MEDAL DESIGN CONTEST
Official Terms and Conditions
NO PURCHASE NECESSARY. OPEN TO LEGAL RESIDENTS OF SAN ANTONIO, TEXAS OR TOWNS WITHIN A 45 MILE RADIUS OF SAN ANTONIO, TEXAS CITY LIMITS WHOSE ENTRIES MEET THE ELIGIBILITY REQUIREMENTS SET FORTH BELOW. VOID WHERE PROHIBITED. By participating in Big Red’s 2018 Fiesta Medal Design Contest (“Contest”) each entrant unconditionally accepts and agrees to comply with and abide by these Official Terms and Conditions.
Big Red’s 2019 Fiesta Medal Design Contest is a contest sponsored by Big Red, Inc. (“Sponsor”) through which eligible individuals can enter for a chance to have their design used for Big Red’s 2018 Fiesta Medal by submitting an entry between 12:00 a.m. Central Time (“CT”) October 1, 2018 and 11:59 p.m. CT October 31, 2018 (“Entry Period”). Entrants who meet the Eligibility Requirements set forth below who are interested in participating in the Contest must submit an original Big Red Fiesta Medal design to www.bigred.com/fiesta (“Entry”). Submissions should be in .jpg or .png format. Please create a design approximately 2 in. x 2 in. All medals should incorporate the Big Red logo (located as a downloadable file at www.bigred.com/fiesta) and “Fiesta 2019” or “2019” on the medal. All submissions agree to transfer all intellectual property to Big Red and allow Big Red to change, manipulate, or amend the submitted artwork to achieve Big Red’s program objectives and comply with all rules and regulations.
The Contest is open to legal residents of San Antonio, Texas or towns within a 45-mile radius of the city limits of San Antonio, Texas who are 18 years or older at the time of entry. The Contest is void where prohibited by law.
Employees and non-employee workers of Big Red, Inc., its respective parent companies, subsidiaries, affiliates, and agents and agencies (collectively “Promotion Parties”) involved in Big Red’s 2019 Fiesta Medal Design Contest, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such person are not eligible to participate in any Giveaway, Sweepstakes, Instant Win Game or Contest of any kind offered by Big Red, Inc. Former employees of Big Red, Inc. and its contest affiliates must provide documentation that it has been at least one (1) calendar year since the final date of employment.
Individuals may submit to enter Big Red’s 2019 Fiesta Medal Design Contest by submitting an original Big Red Fiesta Medal design at www.bigred.com/fiesta.
Submissions must be submitted in the following format to be eligible:
All submissions agree to transfer all intellectual property to Big Red and allow Big Red to change, manipulate, or amend the submitted artwork to achieve Big Red’s program objectives and comply with all rules and regulations. Entrants may submit up to three (3) Entries during the submission period.
Entries must not contain material that:
Failure of any Entry to comply with the above Entry Requirements and Content Restrictions, as determined solely by Sponsor, may result in disqualification of entrant. Sponsor reserves the right in its sole discretion to disqualify any Entry that refers, depicts, or in any way reflects negatively upon the Sponsor, the Contest, or any other person or entity, does not comply with these Official Terms and Conditions, or if Sponsor receives notification about any potential infringements or breaches of law, or any other reason set forth herein. All entries shall become the exclusive property of Sponsor. Entries must be suitable for presentation in a public forum, in sole determination of Sponsor.
The Contest begins on October 1, 2018 at 12:00 a.m. CT, ends on October 31, 2018 at 11:59 p.m. CT and consists of four (4) phases as set forth below:
For purposes of this Contest, an Entry is received online when the Sponsor’s server records the Entry information. Proof of sending (such as an automated computer receipt confirming Entry or “thanks for entering” message) does not constitute proof of actual receipt of an Entry for purposes of this Contest. Entries generated by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified. Sponsor is not responsible for lost, late, incomplete, invalid, or misdirected Entries, which will be disqualified. In the event of a dispute regarding who submitted an Entry, the Entry will be deemed submitted by the authorized account holder of the email address connected with the Entry’s submission.
After the Fan Voting Period ends, the three (3) Entries with the most votes will be judged by a Judging Panel made up of representatives of Sponsor in accordance with the following Judging Criteria:
ENTRIES NOT MEETING THE ELIGIBILITY CRITERIA WILL NOT BE JUDGED. Fans will vote on their favorite Entries from 12:00 a.m. CT October 1, 2018 through October 31, 2018 11:59 p.m. CT (“Voting Period”). During the Voting Period, all Entries will be posted online for public voting at www.bigred.com/fiesta. Each person may vote once per day during the Voting Period. Any attempt by any voter to obtain more than one vote per day during the Voting Period by any fraudulent or inappropriate means, including without limitation: offering prizes or other inducements to members of the public; by using any automated program; by using multiple/different email addresses, identities, registrations, or logins; or any other methods, will void those votes. By voting, voters agree to abide and be bound by these Official Terms and Conditions. Subject to compliance with these Official Terms and Conditions, the three (3) Entries with the most valid fan votes will be the “Finalists” of the Contest. Sponsor reserves the right, in its sole discretion, to select alternate Finalists should the voting appear to have been tampered with or manipulated in any way.
The Judging Panel will choose the Winner from the three (3) Finalists based on the Judging Criteria. Judging will be completed on or around November 9, 2018. In the event of a tie, the Entry that received the highest vote for “Demonstration of Fiesta Spirit” as determined by the Judging Panel, in their sole discretion, will be deemed the Winner.
Potential winner will be notified by email on or around November 9, 2018. It is Entrant’s responsibility to timely check account for messages. Sponsor is not responsible for any failure of delivery of notice from use of such methods. If a potential Winner cannot be contacted, fails to provide any requested information within the required time period, or does not comply with these Official Terms and Conditions the Winner will be deemed to have forfeited. If a Winner is disqualified for any reason, a runner-up may be named Winner in Sponsor’s sole discretion. The Winner accepts and acknowledges Sponsor shall not be obligated to use the Entry and that Sponsor shall have the right to refrain from using the Entry. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. The Grand Prize Winner shall indemnify Sponsor, Released Parties (as defined below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms.
The Winner’s design will be featured as Big Red’s Fiesta Medal for the year 2019. Winner will be asked to provide the winning design file in .eps, .ai, or .psd format. Awarding of prize is subject to Winner’s acceptance of all requisite conditions and agreement to grant all rights set forth in these Official Terms and Conditions.
Limitation of Liability
As a condition of participating in this Contest, each entrant agrees that (i) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or any Prize obtained through the Contest, shall be resolved individually, without resort to any form of class action and exclusively by arbitration under the International Arbitration Rules of the American Arbitration Association (ii) any and all claims, judgments and prizes shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Contest, but in no event attorneys’ fees; and (iii) under no circumstances will any entrant be permitted to seek recovery for, and entrant hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and waives any and all rights to have damages multiplied or otherwise increased.
All issues and questions concerning the construction, validity, interpretation and enforceability of the Official Terms and Conditions, or the rights and obligations of entrant and the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Texas, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Texas.
These Official Terms and Conditions constitute the entire agreement between Contest entrants and Sponsor pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Official Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided.
If any provision of these Official Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Official Terms and Conditions, which will otherwise remain in full force and effect.
Big Red, Inc.
6500 River Place Blvd.
Bldg. 1, Ste 450
Austin, TX 78730
Copy of Official Terms and Conditions: For a copy of the Official Terms and Conditions, please send a stamped, self-addressed envelope and your detailed request to:
Big Red’s 2019 Fiesta Medal Contest
6500 River Place Blvd. Bldg. 1 Ste 450
Winner’s List: To obtain a copy of any legally required winner’s list, mail your request along with a stamped, self-addressed envelope to:
6500 River Place Blvd, Bldg.1 Ste. 450
Requests must be received no later than, November 30, 2018.
All questions or disputes regarding eligibility for the Contest or an entrant’s compliance with these Official Terms and Conditions will be resolved by the Sponsor in its sole discretion.
by Big Red