SONIC QuaranKing and QuaranQueen Contest
1. CONTEST DESCRIPTION: The “SONIC QuaranKing and QuaranQueen Contest” (the “Contest") offers eligible entrants (each an “Entrant” and collectively the “Entrants”) the opportunity to post a unique and original video or photo or gif of the Entrant describing why he or she should be the SONIC Quarantine Prom King (“QuaranKing”) or Queen (“QuaranQueen” and collectively, with QuaranKing, each a “Submission Category”) via Instagram (the “Submission”), for consideration as described below. The sponsor of this Contest is SONIC Capital LLC, 300 Johnny Bench Dr., Oklahoma City, OK 73014 (“Sponsor”). The administrator of this Contest is Creative Zing Promotion Group, 2265 Lee Road, Suite 229, Winter Park, FL 32789 ("Administrator"). The Sponsor and Administrator shall collectively be referred to as the “Contest Entities”. This Contest is in no way sponsored, endorsed, or administered by Instagram. Entrants are providing information to Sponsor, not to Instagram.
The Contest will operate as follows:
· Contest “Submission Period”: The Submission Period begins on or about Saturday, May 16, 2020, immediately following the Contest Announcement, and ends at 11:59 pm Pacific Time (“PT”) on Tuesday, May 19, 2020 (the “Submission Period”).
· Submission Review & Judging: Concurrent with and following the Submission Period, eligible Submissions will be reviewed and evaluated according to the criteria in Section 4 of these Official Rules by judges selected by the Sponsor (each a “Judge” and collectively the “Judges”). Based on initial review and evaluation of the Submissions, the Judges will score each Submission and select up to five (5) finalists per Submission Category for a total of ten (10) finalists (each a “Finalist”, collectively the “Finalists”).
· Finalist Notification: On or about Wednesday, May 20, 2020, up to ten (10) Finalists, as determined by the Judging results, will be contacted to confirm eligibility and obtain releases, according to Section 5 of these Official Rules.
· Public Voting Period: Upon confirmation of eligibility, Finalist’s Submissions will be shared on Sponsor’s Instagram account for Public Voting via Instagram Stories, according to Section 6 of these Official Rules. The Public Voting Period begins on or about Thursday, May 21, 2020 with the posting of each Finalist’s Submission by Sponsor as an Instagram Story on Sponsor’s Instagram account, and will end at the expiration of each Finalist’s Submission Instagram Story post. During the Voting Period, members of the public will have the opportunity to vote on each Finalist Submission, in each Submission Category, according to Section 6.
· Grand Prize Winners Announcement: The SONIC Prom QuaranKing & QuaranQueen will be announced on Sponsor Instagram account on or about Saturday, May 23, 2020 at 10:00 am PT.
2. ENTRANT & SUBMISSION ELIGIBILITY: In order for an Entrant to participate in the Contest and to be considered as a potential Finalist or Winner, the Entrant and the Submission must meet the following eligibility criteria:
· Entrant must be a legal U.S. resident physically residing in the fifty (50) United States or the District of Columbia (Void where restricted by law).
· Entrant must be a current high school student at a public, private, parochial or other institution, and will be required to provide proof satisfactory to the Sponsor, if selected as a potential Finalist.
· Entrant must be at least fourteen (14) years of age, and no more than nineteen (19) years of age at the time of entry. Eligible Entrants who are under the legal age of majority in their state of primary residence (“Minor”) should obtain their parent or legal guardian’s permission to participate.
· Entrant must have the permission of any individual appearing in the Submission to use their likeness in his/her Submission and for the Contest.
· Entrant must be the rightful owner (or have authorized use) of the social media account associated with the entry. In the event of a dispute as to the identity of any Finalist or Winner, the Finalist or Winner will be deemed the natural person in whose name the email account associated with the social media account was opened. In the event a dispute regarding the identity of an Entrant or potential Finalist or Winner cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible.
· Employees of Contest Entities and each of their respective parents, affiliates, subsidiaries, franchisees, agencies, shareholders, officers, directors, members, successors, agents and assigns, together with the Immediate Family Members and/or Household Members of such persons, are not eligible to participate in the Contest. For purposes of the Contest, "Household Members" shall mean those people who share the same residence at least three months a year, whether or not related; "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. Void where restricted or prohibited by law.
3. HOW TO ENTER: During the Contest Period, the Entrant must: 1.) Log into his or her Instagram account; 2.) Follow @Sonicdrivein on Instagram; 3.) Post a video of himself or herself, describing why he or she should be the 2020 Prom QuaranKing or QuaranQueen; OR Post a photo or gif accompanied by a Post describing why he or she should be the 2020 Prom QuaranKing or QuaranQueen; 4.) Tag or mention @Sonicdrivein in the Post; and 5.) Include EITHER #QuaranKingContest OR #QuaranQueenContest to indicate which Submission Category Entrant would like their Submission to be considered for (each a “Submission Category Hashtag”).
The Submission Category Hashtag must appear in the caption of the Post, NOT in the comments, for any Instagram Submission and must be included in the caption for an Instagram Submission to be valid. Instagram Submissions CANNOT be posted as Instagram Stories.
IMPORTANT: Entrant’s Submission may appear in the Sponsor’s social media stream. If Entrant does not want his or her Submission to be made public, he or she should not enter the Contest. Being selected as a featured Submission has no bearing on the outcome of the Contest.
· Submission must be submitted via Instagram, and must include the appropriate hashtag as described in Section 3.
Submissions are subject to the following Content Restrictions:
4. SUBMISSION REVIEW & JUDGING: Concurrent with and immediately following the Submission Period, eligible Submissions will be reviewed and evaluated by the Judges. Eligible Submissions will be judged in accordance with the following weighted criteria (“Judging Criteria”) to select five (5) potential Finalists in each Submission Category (up to ten (10) Finalists total):
In the event of a tie, the tied Submissions will be re-evaluated by the Contest Entities in accordance with the aforementioned criteria, and the Entrant with the highest rating on “Relevance” will be deemed the potential Finalist. Sponsor reserves the right to select fewer than ten (10) Finalists, no Finalists, and/or to extend the Submission Period and all other dates associated with the Contest in the event an insufficient number of eligible Submissions are received, as determined by the Contest Entities, in their sole discretion. If no eligible Submissions are received, the prize will not be awarded. Judges’ decisions are final and binding. Final judging scores will not be revealed or publicly announced.
FINALIST NOTIFICATION: Potential Finalists will be determined on or about May 20, 2020. Potential Finalists will be notified in the form of a direct message or comment from the Sponsor. The potential Finalists will be required to respond (as directed) to the notification within four (4) hours (or a shorter time if required by exigencies) of attempted notification. The failure to respond timely to the notification may result in forfeiture of the potential Finalist standing, and in such case, Sponsor or Administrator may select an alternate Finalist, based on the judging results. Each potential Finalist (or the parent or legal guardian if the potential Finalist is a Minor) will be required to verify his or her permanent legal address, his or her high school enrollment status in a form satisfactory to the Contest Entities, and to execute and return an affidavit of eligibility and liability release, and, unless prohibited by law, a publicity release (the “Finalist Documents”) within a reasonable amount of time, as determined by the Contest Entities in their sole discretion. Potential Finalists are bound to confidentiality and are NOT permitted to publicly announce their status as a Finalist (in any way, including social or traditional media). A Finalist’s breach of such confidentiality will result in his/her forfeiture of the Finalist standing, and, in such case, Contest Entities may select an alternate or proceed with fewer Finalists.
Registration is free and can be obtained at www.instagram.comAny suspected or deliberate attempt to manipulate, or otherwise fraudulently tamper with the voting process, may result in disqualification, at the sole discretion of the Contest Entities.
Fraudulent tampering includes but is not limited to:
votes generated by a macro, script, bot or other fraudulent means in an attempt to manipulate the outcome of the Voting Period.
At the conclusion of Public Voting each Finalist will receive a Public Voting score based on the total percentage score received.
Finalist Submissions will be scored based on the following scoring system to determine the QuaranKing and QuaranQueen (each a “Grand Prize Winner”) for each Submission Category:
In the event of a tie, such tied Submissions will be reevaluated in accordance with the aforementioned Judging Criteria and the Submission with the highest point score from Judging will be deemed the Grand Prize Winner for the applicable Submission Category. ndividuals wishing to participate in the Contest by visiting his or her local Sonic Drive-In location during the Submission Period, we recommend following the Center of Disease Control (CDC) and local health department guidelines with regard to social distancing practices.
as directed by the Sponsor or Administrator to the notification WITHIN 48 HOURS. The failure to respond timely, to the notification may result in forfeiture of the Grand Prize and, in such case, Contest Entities may declare an alternate potential Grand Prize Winner, based on the Judging Panel and Public Voting results.
Each potential Grand Prize Winner (or the parent or legal guardian if the potential winner is a Minor) will be required to complete a “Grand Prize Acceptance Form”, and other applicable releases, as determined by the Contest Entities, prior to officially being declared as the Grand Prize Winner. All documents must be returned within the time period directed by the Contest Entities. The failure to complete or return the Grand Prize Acceptance Form within the specified time period may result in forfeiture of the prize and selection of an alternate potential Grand Prize Winner for the applicable Submission Category from the remaining eligible Finalists. Grand Prize will not be awarded until all such properly executed forms are returned. Contest Entities, in their sole discretion, will attempt to contact up to three (3) potential winners of a prize in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed. If a prize is awarded but goes unclaimed or is forfeited by recipient, such prize may not be re-awarded, in Contest Entities’ sole discretion. Administrator reserves the right to disqualify anyone not fully complying with the Official Rules. Winners are solely responsible for all federal, state and/or local taxes, if applicable, and for any other fees or costs associated with the prize they receive.
Sponsor the right to send a media/video crew to document the Grand Prize Winner’s story including, but not limited to, at the Grand Prize Winner’s selected dealership during Vehicle pick-up, at the Grand Prize Winner’s home following Vehicle pick-up, in addition to documenting other elements of the Grand Prize Winners’ story at select locations within one (1) year after receiving the Vehicle.
10. MATERIALS/RIGHTS IN SUBMISSIONS/PUBLICITY RIGHTS: In consideration of a Submission being reviewed and evaluated for this Contest, each Entrant (and, in the case of a Minor, such Minor’s parent/legal guardian on his/her behalf) hereby grants to the Sponsor, and its designees, licensees, successors and assigns, the non-exclusive, perpetual, royalty-free, irrevocable, fully paid, universal right and license to use, license, incorporate, broadcast, telecast, webcast, distribute, re-use, publish, re-publish, edit, composite, morph, scan, duplicate, creative derivative works of or alter, sell, and otherwise exploit such Submission (and to permit others to do the same), or any portion thereof, including to the extent applicable any information, biographical data, and Submission submitted by Entrant in connection with the Contest; and (b) all graphics, statements, quotations and any other creative materials of or by Entrant and furnished by Entrant as part of this Contest (the “Materials”), in any media now known or hereafter devised, including, but not limited to, all forms of electronic media, print media and all forms of internet and wireless protocol. Each Entrant (and, in the case of a Minor, such Minor’s parent/legal guardian on his/her behalf) understands that his or her name and other Materials may be posted on Sponsor Social Media accounts, or elsewhere in any media in the Contest Entities sole discretion, in connection with the Contest. Entrant agrees that the Sponsor has no obligation to post a Submission or any Materials on the Website or elsewhere. Each Entrant (and, in the case of a Minor, such Minor’s parent/legal guardian on his/her behalf) authorizes Sponsor and its designees, licensees, successors and assigns to utilize, for eternity and in any manner they see fit, on a royalty-free basis, the Submission, and to make derivative works from such materials (i.e., without limitation, to create promotional materials). Each Entrant (and, in the case of a Minor, such Minor’s parent/legal guardian on his/her behalf) releases the Contest Entities, and their affiliates and the respective employees, shareholders, officers, directors, members, agents, successors, assigns and licensees of each of the foregoing entities, from any and all claims or liability (now known or hereafter arising), including, but not limited to, any claims for defense and/or indemnity, in connection therewith. Each Entrant (and, in the case of a Minor, such Minor’s parent/legal guardian on his/her behalf) agrees and acknowledges that participation in the Contest, including, without limitation, the Entrant’s decision to post any Submission for purposes of the Contest, shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between the Contest Entities and Entrant, does not place the Contest Entities in a position that is any different from the position held by members of the general public with regard to the Submission, and that the only contracts, express or implied, between the Contest Entities and Entrant is as set forth in these Official Rules, and any release forms (as described above). In addition, by participating in the Contest and providing any Submission, each Entrant (and, in the case of a Minor, such Minor’s parent/legal guardian on his/her behalf) hereby grants permission (except where prohibited by law) for the Sponsor and its designees, licensees, successors and assigns to use Entrant’s Submission, Submission video, Submission photo, name, likeness, voice, quotes, comments, biographical information, photograph and/or image for the purpose of advertising, trade, or promotion without further compensation or consideration or permission or notification in any and all media now known or hereafter developed throughout the universe in perpetuity.
11. RIGHTS OF ENTITIES RELATED TO THE CONTEST: Contest Entities shall have the right and sole discretion to edit, refuse to air or transmit or cease to air or transmit any Submission whatsoever which it finds to be in violation of the provisions hereof, does not fully comply with all of Contest Entities’ requirements in connection with any and all legal clearance issues, or which it finds in its sole discretion to be otherwise objectionable for any reason. Neither the Contest Entities are responsible for any materials provided by Entrants which are deemed harmful or offensive to others or for any harm incurred as a result of participation in the Contest. All statements and opinions made by Entrants are those of such Entrants only, and the Contest Entities neither endorse nor shall be held responsible for the reliability or accuracy of same. Contest Entities are not responsible for the content or practices of third party websites that may be linked to the Sponsor’s website or Social Media accounts. The Sponsor website may also be linked to websites operated by companies affiliated with the Contest Entities. Visitors to those sites should refer to each site’s separate privacy policies and practices.
12. CONDITIONS OF PARTICIPATION/RELEASES: By participating, each Entrant (and, in the case of a Minor, such Minor’s parent/legal guardian on his/her behalf) agrees to be bound by these Official Contest Rules and the decisions of the Contest Entities, which shall be final in all respects. By participating in this Contest and/or by accepting any prize that they may win, each Entrant (and, in the case of a Minor, such Minor’s parent/legal guardian on his/her behalf) agrees to release and indemnify the Contest Entities, and each of their respective parents, affiliates, successors, assigns and licensees, and each of their respective employees, shareholders, officers, directors, contractors, franchisees, agents and representatives (collectively, the "Released Parties") from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Contest and/or acceptance, use, or misuse of any prize. Each Entrant (and, in the case of a Minor, such Minor’s parent/legal guardian on his/her behalf), as a condition of receiving a prize, authorizes the Sponsor and its designees to use his/her name, voice, likeness, biographical data, city and state of residence in programming or promotional material, throughout the universe in perpetuity, or on a winner's list, if applicable, without further compensation unless prohibited by law. By entering the Contest, Entrants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out‑of‑pocket costs incurred, including costs associated with entering the Contest, but in no event will Entrant’s attorneys’ fees be awarded or recoverable; and (c) under no circumstances will any Entrant be permitted to obtain any award for, and Entrant (and, in the case of a Minor, such Minor’s parent/legal guardian on his/her behalf) hereby knowingly and expressly waives all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out‑of‑pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased. The Released Parties shall not be liable for: (i) late, lost, delayed, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible Submissions, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused by the prize or resulting from acceptance, possession, use or misuse of a prize, or from participation in the Contest; (v) the Entrant’s claim that he or she has somehow been defamed or portrayed in a false light or (vi) any printing, typographical, human administrative or technological errors in any materials associated with the Contest. The Released Parties assume no responsibility for any damage to an Entrant’s computer system, or participating in the 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, or for the incorrect or inaccurate capture of information, or the failure to capture any information. Contest Entities reserve the right, in their sole discretion, to adjust times and dates reflected in the Description Section of the Official Rules at any time and/or to cancel, modify or suspend the Contest (or any portion of the Contest) should a virus, bug, computer problem, unauthorized intervention or other cause or problem corrupt or inhibit the administration, security or proper play of the Contest and, in such situation, to select the Finalists and/or Grand Prize Winner from eligible non-suspect Submissions received prior to and/or after such action or in such manner as deemed fair and appropriate by the Contest Entities. Contest Entities may prohibit you from participating in the Contest or winning a prize if, in their sole discretion, they determine you are attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other Entrants or Contest Entities representatives. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE CONTEST. SHOULD SUCH AN ATTEMPT BE MADE, THE CONTEST ENTITIES RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
13. GOVERNING LAW: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES, OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR THE CONTEST ENTITIES IN CONNECTION WITH THE CONTEST OR IN CONNECTION WITH ANY SUBMISSION OR OTHER MATERIAL SUBMITTED IN CONNECTION WITH THE CONTEST, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF OKLAHOMA 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. THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION OF THESE RULES SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION. IN THE EVENT THAT 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.
IN NO EVENT WILL THE RELEASED PARTIES (INCLUDING, BUT NOT LIMITED TO, CONTEST ENTITIES, THEIR PARENT, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES, WEB MASTERS/SUPPLIERS, VENDORS, CONTRACTORS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS) BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ENTRANT’S PARTICIPATION IN THE CONTEST. WITHOUT LIMITING THE FOREGOING, ALL PRIZES, AND THE CONTEST ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE CONTEST ENTITIES HEREBY EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE RIGHT IS RESERVED TO SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
14. ARBITRATION PROVISION: By participating in this Contest, each Entrant (and, in the case of a Minor, such Minor’s parent/legal guardian on his/her behalf) agrees that any and all disputes the Entrant may have with, or claims Entrant may have against, the Released Parties relating to, arising out of or connected in any way with (a) the Contest, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved individually and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the Entrant. The Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration, and judgment upon such arbitration award may be entered in any court having jurisdiction. 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 Entrant may have entered into in connection with the Contest. 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 Sponsor’s individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator shall not have the power to award special or punitive damages against the Entrant or Released Parties. If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.
16. WINNERS: The names of each Grand Prize Winner will be posted on Sponsor Instagram account on or about Saturday, May 23, 2020 at approximately 10:00 am PT.
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