SONIC QuaranKing and QuaranQueen Contest

Official Rules

 

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.  MAKING A PURCHASE DOES NOT INCREASE CHANCES OF WINNING.

 

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 Eligibility:

·         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 appear, and be the individual reflected in the Submission.

·         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 have a non-private Instagram account and be able to receive direct messages. Registration is free and can be obtained at www.instagram.com.

·         Entrant must comply with Instagram’s Terms of Use.

·         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.  

 

Submissions must be received by 11:59 pm PT on May 19, 2020. LIMIT ONE (1) ENTRY/SUBMISSION PER PERSON. Submissions in excess of the limit may result in disqualification of the Entrant. Any attempt by an Entrant to obtain more than the stated number of Submissions by using multiple/different identities, registrations, logins, and/or any other methods will void such Entrant's Submission and that Entrant may be disqualified from the Contest. ELIGIBLE ENTRANTS MUST SUBMIT IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED. Participation in the Contest constitutes Entrant's understanding of and full and unconditional agreement to and acceptance of these Official Rules. Sponsor reserves the right to disqualify any Entrant that Sponsor determines to be in violation of any term contained in these Official Rules. Contest Entities reserve the right to move, change or extend deadlines or dates in their sole discretion. Such changes, if applicable, will be communicated on Sponsor’s applicable Social Media accounts.

 

Submission Eligibility/Criteria:

·         Submission must be submitted via Instagram, and must include the appropriate hashtag as described in Section 3.

·         The Submission must be original to Entrant and Entrant must be the rightful owner of the Submission or must have the rights, title and interest necessary to utilize the Submission for consideration in the Contest in compliance with these Official Rules.

·         Submission must not be digitally or traditionally manipulated or enhanced, except for the use of filters provided by the applicable social media platform.

·         Submission must be in accordance with Section 3 below.

·         Submission must comply with the applicable technical submission requirements (e.g. size, format) for the social media platform along with the Instagram Terms of Use and these Official Rules.

 

Submissions are subject to the following Content Restrictions:

·         Submission must NOT include images of other people (alive or dead) without permission from said person and must NOT include materials that violate or infringe another person's rights, including, but not limited to, privacy, publicity or intellectual property rights. If applicable, selected Finalist may be required to verify such authorization in the form of a release.

·         Submission must NOT include any 3rd party logos, insignia, trademarks, signage or slogans (including, but not limited to brand names, product names, logos, media, entertainment properties, insignia, location signage, photographs, artwork) without the express prior written consent of the owner of such right, EXCEPT for Sponsor trademarks, so as to not infringe upon the intellectual property rights, or defame or invade the publicity or privacy rights, of any third party.

·         Submission must NOT contain subject matter which is, or could be considered, in the sole discretion of Contest Entities, obscene, violent (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), defamatory, libelous, pornographic,, discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g., illegal gambling, underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, hateful, degrading, harassing, or otherwise unlawful, tortious or objectionable.

·         Submission cannot promote alcohol, illegal drugs, tobacco, any activities that may appear unsafe or dangerous, or any particular political agenda or message.

·         Submission must NOT contain any content that is protected by copyright (without the express prior written consent of the owner of such right) or include any recognizable locations or include names and/or descriptions of any copyrighted media production, including, without limitation, music, video games, films, books, television programming, etc., or identifying descriptions of any media property.

·         Submission must NOT contain any derogatory references to any Released Parties, as detailed in Section 12 below.

 

Entrants who submit a Submission which violates any of these requirements may be deemed ineligible to be considered as a Finalist or receive a prize and their Submission may be void at the Contest Entities sole discretion. Contest Entities reserve the right to disqualify in their sole and absolute discretion any Submission deemed inappropriate. Incomplete or unintelligible entries will be disqualified. Contest Entities will determine in their sole discretion which Submissions have satisfied the requirements of these Official Rules.  Sponsor reserves the right to waive the Contest entry requirements set forth herein in its reasonable discretion. Without in any way limiting the effect of the rest of these Official Rules, any Entrant who incorporates any intellectual property owned by a third party into his or her Submission without written permission is solely responsible for any such use of the intellectual property and such Submission shall be disqualified from the Contest.

 

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):

 

·         Relevance to the Creative Theme: 40%

·         Effort in Execution: 30%

·         Originality/Uniqueness: 30%

 

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.

 

5. 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 Finalists 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.

 

6. PUBLIC VOTING PERIOD: Beginning on Thursday, May 21, 2020, Sponsor will post each Finalist Submission for Voting on Sponsor’s Instagram page in the form of an Instagram Story. Individuals must have an Instagram account to vote. Registration is free and can be obtained at www.instagram.com. To vote, individuals must view Sponsor’s Instagram Story, view a Finalist Submission, and assign a percentage score utilizing the provided voting slider emoji. Voters may vote on as few, or as many Finalist’s Submissions as desired, but must vote on a minimum of one (1) for their vote to be counted. Limit one (1) vote per person per Finalist. Any 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: 

·         using multiple accounts in an attempt to exceed the voting limit;

·         vote brokering via a 3rd party service, website or any other service/tactic which exists for the purpose of exchanging or soliciting votes to manipulate the voting results;

·         offering any type of inducement or compensation (monetarily or otherwise) to any third party, in exchange for a vote in any manner;

·         use of proxy voting; and

·         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.

 

7. GRAND PRIZE WINNERS DETERMINATION, ANNOUCEMENT & NOTIFICATION: 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:

 

·         Judges Score = 90%

·         Public Voting = 10%

 

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. On or about Saturday, May 23, 2020 the Grand Prize Winners will be announced on Sponsor Instagram account as a Post at approximately10:00 am PT. Time is subject to change and any changes will be posted on Sponsor’s Instagram account. For any individuals 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.

 

On Monday, May 25, 2020 each potential Grand Prize Winner will be contacted via email, and will be required to respond 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.

 

8. GRAND PRIZES:There are two (2) Grand Prizes available (one (1) each for the QuaranKing, and QuaranQueen). Each prize consists of one (1) SONIC Prom 2020 crown (“Crown”), one (1) SONIC Prom sash (“Sash”), and up to a maximum of Twenty Five Thousand Dollars ($25,000) toward the purchase of an automobile (the “Vehicle”). Crown and Sash have no associated retail value.  Maximum Prize Value (“MPV”): $25,000. Grand Prize Winners will be responsible for any costs that exceed such amount. If the purchase price of the Vehicle is less than the MPV, stated herein, the Grand Prize Winner will NOT be entitled to a check, cash or other form of payment for the price difference.

 

Grand Prize must be purchased from a duly authorized new-car dealership. In order to claim the Grand Prize, each Grand Prize Winner agrees to grant 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.

 

Each Grand Prize Winner (or the parent or legal guardian if the case of a Minor) is required to comply with all applicable federal, state and local laws, rules and regulations, including but not limited to licensing and insurance requirements. Grand Prize Winner must possess a valid U.S. driver’s license (or the parent or legal guardian in the case of a Minor that does not possess a driver’s license, or only possess a learners permit). Winner (or the parent or legal guardian in the case of a Minor) will be required to show proof of currently valid driver’s license and state mandated insurance prior to taking delivery of the Vehicle. In the case of a Minor Grand Prize Winner, the Vehicle will be awarded in the name of the parent or legal guardian.

 

The Grand Prize Winners are solely responsible for sourcing, locating and negotiating the price of the Vehicle at his or her sole discretion. Funds to procure the Vehicle will be transferred from the Administrator directly to the dealership as indicated on the final bill of sale. Sales must be made on an up-front, lump-sum basis; Grand Prize Winners shall not purchase the Vehicle on an installment or financed basis. If the total amount due for the Vehicle on the bill of sale exceeds the MPV; the Grand Prize Winner will be responsible for any remaining balance at the time of purchase. Grand Prize Winners must select his or her Vehicle within ninety (90) days of Grand Prize Winner announcement, or such Grand Prize Winner may forfeit their Grand Prize. Vehicle awarded may differ from Vehicle shown in promotional materials. Grand Prize Winner (or the parent or legal guardian if the case of a Minor) will be responsible for all taxes (federal, state, local and/or income) and all expenses not listed, including but not limited to travel to and from the dealership, related to acceptance and use of the Vehicle. Grand Prize Winners (or the parent or legal guardian if the case of a Minor) acknowledge and agree that Sponsor and Administrator make no representations or warranties with respect to the Vehicle, or the sale or use thereof, it being understood that the Vehicle’s dealer or manufacturer shall be solely responsible to the Grand Prize Winners for the sale or use of the Vehicle.  Grand Prize Winners will take delivery of their Vehicle solely with the express written limited warranties set forth in the Vehicle's applicable Owner's Guide, which warranties shall run for the term set forth in said guide. Grand Prize Winner (or the parent or legal guardian if the case of a Minor) will also be responsible for sales tax, luxury tax, extended warranties, registration, license, insurance fees, title, plates and cost of any available upgrade and/or optional equipment not provided within the allocated prize budget for this vehicle. Actual Grand Prize value will depend on the purchase price of the Vehicle. Sponsor reserves the right, in its sole discretion, to provide a projected tax gross-up allowance to help offset income tax liability. If applicable, a projected tax gross-up allowance will be awarded in the form of a check in an amount determined by Sponsor prior to December 31, 2020. If income taxes exceed such amount, the additional expenses shall be the responsibility of the Grand Prize Winner, as applicable.

 

For tax reporting purposes, Grand Prize Winners must provide the Administrator with his or her social security number before the Grand Prize will be awarded. The Grand Prize Winner will receive an IRS Form 1099 from the Sponsor for the actual retail value of the Grand Prize for the calendar year in which the prize was fulfilled. Grand Prize Winners cannot assign or transfer the prize claim to another person. No prize substitution is allowed except at the discretion of Contest Entities. If a prize cannot be awarded due to circumstances beyond the control of the Contest Entities, a substitute prize of equal or greater retail value may be awarded. Other restrictions may apply. Limit one (1) prize per Household. Any depictions of prizes are for illustrative purposes only. All federal, state and local taxes, and any other costs and expenses, associated with the receipt or use of any prize are the sole responsibility of each Grand Prize Winner.

 

9. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION:  Each Entrant (and, in the case of a Minor, such Minor’s parent/legal guardian on his/her behalf) represents and warrants as follows: (i) the Submission is the Entrant’s own original, previously unpublished, and previously unproduced work; (ii) the Submission does not contain any computer virus, 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; (iii) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or libelous; (iv) the Submission is in compliance with the Terms of Use/Service for the applicable Social Media Platform; (v) the Submission is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof; (vi) the Submission is free and clear of any liens or claims with respect to the use of the Submission in the manner authorized herein and will not give rise to any claims of infringement, invasion of privacy or publicity or claims, or infringe on any rights or interests of any third party, or give rise to any claims for any payment whatsoever, including but not limited to claims for re-use fees or residuals; and (vii) you will not use the Submission for any purpose other than creation and in accordance with these Official Rules, including without limitation, use in or in connection with any commercial endeavor, including, without limitation, t-shirts, posters, or other merchandise. 

 

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.

 

15. PRIVACY POLICY: Any personal information supplied by you to Sponsor will be subject to Sponsor's privacy policy posted at https://www.sonicdrivein.com/privacy, or these Official Rules. In the event of any conflict between these Official Rules and such privacy policy, these Official Rules shall control. By entering the Contest, you grant Sponsor permission to share your email address and any other personally identifiable information with the other Contest Entities for the purpose of Contest administration and prize fulfillment. Information collected on any Entrant under the age of 16 will not be combined with any data in Sponsor’s customer database, will be used solely for the purpose of Contest administration, and will be deleted upon completion of any Contest administration related use. Sponsor will not sell, rent, transfer or otherwise disclose your personal data to any third party other than as described herein or in accordance with Sponsor’s privacy policy.

 

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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