Chick-fil-A Bowl - Are You Fan Enuf?

OFFICIAL RULES

These terms and conditions ( "Official Rules") govern "ARE YOU FAN ENUF?" (the "Contest") which is presented and run by Peach Bowl, Inc (The “Sponsor”). The Home Depot will be the presenting sponsor of the promotion. The Contest will be posted on the Internet via www.Chick-fil-ABowl.com (the "Website") on or before the Entry Period (as defined in Section 2) commences. Entry to the Contest will be hosted exclusively on the Website. All determinations and decisions of Sponsor in connection with the Contest and these Official Rules shall be final and binding for all purposes, and Sponsor has sole and exclusive discretion and judgment in all matters regarding the administration, operation and conduct of the Contest. Winner (as defined in Section 5 below) must prove eligibility to the satisfaction of the Sponsor. Contest is and shall hereafter be subject to all applicable federal, state, and local laws. Immediately upon entry, all entries become the property of Sponsor and will neither be acknowledged nor returned other than as herein described.

Eligibility. Contest is open to legal residents of the fifty (50) United States and the District of Columbia, who are able and prepared to document that they are twenty-one (21) years of age or older at the time of entry.

The Contest is not open to officers, directors, employees, or agents of Sponsor, Peach Bowl, Inc., Chick-fil-A, Inc, or Home Depot U.S.A., Inc. or their respective parents, subsidiaries, and/or affiliated companies, licensees, successors, advertising and promotional agencies, the independent judging organization or printing agents, or any of the immediate family members (including, without limitation, spouse, parent(s), child(ren), sibling(s)) of such individuals, and their respective spouses, regardless of where they reside or those living in the same households. By submitting an entry and/or participating in this Contest, each entrant agrees to comply with and be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all matters relating to this Contest.
The Winner(s) and each entrant must comply with all laws, regulations and requirements that apply to him or her and to their participation, entry or selection as a Winner, the award of any Prize (as defined below). Any and all costs, expenses, liabilities and obligations incurred by entrant and/or Winner(s) are the sole responsibility of that person and not Sponsor.

Entry Period.The period during which an Eligible Entry (defined in Section 4) may be submitted shall commence at 12:00 a.m. (Eastern Daylight Time), on November 21, 2008, and end at 11:59:59 a.m. (Eastern Daylight Time), on December 23, 2008 (the "Entry Period"). Entries received prior to or after the Entry Period shall be considered void. Time of receipt of the Video (as defined in Section 4 below) portion of an entry shall be the time when all elements of the Eligible Entry are actually received by the Website, as recorded or documented by the Website's operating systems. Proof that you uploaded, or otherwise submitted an entry does not constitute proof or evidence that all or any portion of your entry was actually received by Sponsor within the Entry Period.
To Enter. During the Entry Period, you must (i) complete the Contest entry form on the Website, and (ii) submit your Video in accordance with these Official Rules.

The videos submitted should, in two minutes (2:00) or less, demonstrate how much of a fan the participant is of their favorite ACC or SEC team, the Chick-fil-A Bowl game, or the Atlantic Coast Conference or Southeastern Conference. Any video that meets the criteria described in section 4 below will be considered an official entry.
Video must be submitted online through the Website as follows: Go to the Website and click on the "Upload Your Video" button and follow the instructions to upload your Video. Then upload your Video as required. Your Video must comply with all requirements set forth in Section 4 below. Once you have successfully uploaded your Video, a confirmation message will automatically appear. Peach Bowl, Inc. reserves the right to display, broadcast, perform or otherwise exhibit any Video entered in the Contest, at any time or times, on the Website or on any affiliate's or third party web site(s) without notice, consideration, compensation or otherwise to any entrant or any other party.
If you enter, attempt to enter and/or participate in this Contest you agree (i) to execute and deliver to Sponsor all forms and documents, releases and agreements as specifically described and required hereunder, as well as any additional documents reasonably requested by Sponsor, including, without limitation, those necessary to prove unrestricted ownership in all entry materials (i.e., Contest entry forms, and/or Video) and correspondingly your right to provide these entry materials to Sponsor as described and Sponsor's right to use such entry materials without limitation for any and all purposes, as its own and as contemplated and described hereunder. If chosen as the Winner, you further unconditionally and irrevocably assign all right, title and interest in all entry materials and agree to execute and deliver to Sponsor such documentation as is requested by Sponsor and reasonably necessary to enable Sponsor to record, document, perfect and enforce such rights, title and interests, as permitted by law.

Eligible Entry. An "Eligible Entry" means an entry submitted by an eligible person (See Section 1) that includes a Contest entry form that has been completed online via the Website, together with a Video, as described below, and complies with these Official Rules. Any entry submitted by someone who is not eligible or that is incomplete, inaccurate, illegible, not viewable, not submitted during the Entry Period or in any way not in conformity or in compliance with all of the terms and conditions of these Official Rules is not an Eligible Entry and subject to disqualification by Sponsor. "Video" means an original audio-visual sequence of images that is no longer than two minutes (2:00) in duration when viewed at normal speed, and in either "Mpg", "Mpeg", "Avi", "Divx", "mp4", "flv", "mov", "moov" format. The term "original" in these Official Rules means the Video was newly created by you, and is not copied, derived, translated, adapted or otherwise obtained or copied from anyone or anywhere else, regardless of the source, format or medium. Original also means that you, and no one else, have complete, sole, exclusive and unrestricted right, title and interest in and to the Video (including, without limitation, each and all of the underlying elements of the Video) when you submit it to the Contest as part of your entry AND that you have the right and authority to give Sponsor all of the rights in and to your Video and its underlying elements that are described in these Official Rules and contemplated herein. If you cannot legally and properly represent to Sponsor that your Video is original, do not enter it into the Contest. You must submit the Video portion of your entry to Sponsor by uploading it through, and adhering to the requirements described on the Website.

Participants will not include any of the following content (the “Content Restrictions”) in any Submission: (i) pornography, adult-oriented content or any other sexually-explicit material; (ii) lotteries or gambling; (iii) explicit language or content, images of violence, discrimination, or promotion of illegal activities; (v) content in violation of intellectual property rights or laws; (vi) libelous, defamatory, disparaging, tortuous or slanderous materials; (vii) content that denigrates, disparages or reflects negatively on Peach Bowl, Inc, The Home Depot, Chick-fil-A, Inc. or the Metro Atlanta Chamber of Commerce; (viii) tobacco, alcohol or drugs; (ix) dangerous stunts; (x) real weapons of any kind including, but not limited to, guns, knives or projectiles; (xi) material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or any other basis protected by federal, state, or local law, ordinance, or regulation; (xii) individuals under age of majority without enclosing signed release from parent or guardian; (xiii) audio and/or visual content owned by any third party (e.g., recorded music; pre-produced video, etc.); and (xiv) material that is unlawful, in violation of or contrary to the laws or regulations in any state where the Submission is created. Any Submission that does not comply with the foregoing, in the sole discretion of Sponsor, will be disqualified and eliminated from consideration.
You hereby grant Sponsor, its parents, licensees, successors, assigns, agents and affiliates a perpetual and irrevocable, exclusive, royalty free, worldwide right, title and interest of every kind and nature now or hereafter known in the Video, including but not limited to a) all copyrights therein, b) the right of reproduction of the Video in any and all media whether now known and/or hereafter devised, in whole or in part, c) the moral rights of authors or artists in the Video in whole or in part and d) all rights of manufacture, merchandising, recordation, reproduction, translation, adaptation, display and exhibition of the Video in whole or in part and the right to make modifications thereto and derivatives thereof, in any and all venues or media whether now known and/or hereafter devised and by any and all means or methods.
By entering, entrant acknowledges acceptance and compliance with these Official Rules including all eligibility requirements included herein. Sponsor is not responsible for entries that are illegible, incomplete, lost, delayed, inaccurate, garbled, mutilated and misdirected, or for printing, typographical or other errors in these Official Rules or any other Contest-related materials or any problems or technical malfunctions, human error, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer on-line systems, servers or providers, computer equipment, software, failure on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof, including injury or damage to your or to any other person's computer related to or resulting from participating or downloading materials contained in this Contest or for other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, the announcement of the Winner or in any Contest-related materials. If for any reason the Contest is not capable of running as planned, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right at Sponsor's sole discretion to disqualify any individual who tampers with the entry process, and/or to cancel, terminate, modify or suspend the Contest in any manner. Should the Contest be terminated or cancelled prior to the stated expiration date, notice will be posted on the Website, and, at Sponsor's discretion, potential Winner may be selected in accordance with the applicable Judging Criteria set forth in Section 7 below from among all non-suspect, Eligible Entries received prior to the termination or cancellation. Entries that have been tampered with or altered will be deemed void. The use of any system or agent to submit entries in connection with this Contest is prohibited and will result in disqualification. Entries generated by script, macro or other automated means will be void. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or any website associated therewith; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person and all associated entries will be void.

Winner Selection: Following the Entry Period, one (1) grand prize winner will be selected from the Eligible Entries from the official judging panel comprised of a panel (the "Judges") based on the Judging Criteria set forth in Section 7 below. The Winner that receives the highest percentage based on the Judging Criteria will be deemed the "First Place Winner.” The determination of the Judges shall be final and binding.
Winner Notification: The potential Winner will be selected and notified on or around December 23, 2008 by the email address and telephone number provided on the Contest entry form. The Winner must contact Sponsor within twenty-four (24) hours after notification has been sent by Sponsor. If there is no response from the potential Winner, or if at any time during the course of the Contest, the selected Winner fails to comply with the Official Rules, the Eligible Entry that received the next highest score, based on the Judging Criteria set forth in Section 7 below, will be selected as the Winner. Sponsor reserves the right to delay the announcement of the Winner in its sole discretion.
Judging Criteria: The Judges will select the Winner based on the quality of Originality (40%), creativity (40%), and how well entrant conveys his/her message (20%) (the "Judging Criteria"). All decisions of the Judges are final. In the event of a tie or dispute or for any other reason that Sponsor deems necessary, the Sponsor shall determine the Winner using the Judging Criteria. To the extent permitted by law, Sponsor and the Judges disclaim any liability from, and entrants, whether or not the, agrees to waive, any claims against Sponsor and the Judges relating to the judging or awarding process. Sponsor and the Judges reserve the right to extend the Entry Period or not to award the Prize if they determine, in their sole discretion, that entries received did not meet the qualification standards based on the Judging Criteria.

Prizing:

First Prize. The "First Prize" includes the following:

$500 The Home Depot Gift Card
XBox 360 core gaming console
Two tickets to the December 31, 2008 Chick-fil-A Bowl game
Chick-fil-A Bowl apparel items to be determined at a later date

All details for the First Prize shall be determined at the sole discretion of the Sponsor. The First Prize is non-transferable. Substitution of the First Prize, or any portion thereof, by First Place Winner is prohibited. No cash redemption permitted by First Place Winner. Sponsor reserves the right to substitute the First Prize (or any portion thereof) with another prize of comparable or greater value, at the Sponsor's sole discretion. The winner will be responsible for any and all travel and travel-related expenses related to a trip to Atlanta to see the 2008 Chick-fil-A Bowl game. The total approximate retail value of the First Prize is One thousand dollars ($1,000).
In order to be declared the Winner, the potential Winner must sign (a) an affidavit of eligibility and compliance with all of the terms and conditions of these Official Rules, and a comprehensive and complete release from liability in favor of Sponsor, The Home Depot, Chick-fil-A, the Metro Atlanta Chamber of Commerce, and each of their respective parents, partners, subsidiaries, affiliated entities, advertising agencies and the shareholders, officers, directors, employees and agents ( "Related Parties") of each of the foregoing, from any and all liability, losses, claims, demands and causes of action, including, without limitation, any personal injury and/or property damage, theft, loss, or any other damage or harm suffered in connection with this Contest, or Video and/or the award, use or acceptance of the Prize and (b) except to the extent prohibited by law or regulation, a promotional release granting Related Parties, the right to use his or her name, voice, image, likeness or other characteristics and attributes for advertising, marketing, promotional and publicity purposes without notice and without consideration or compensation in any and all forms of media and communications, now known or hereafter developed. Entry into the Contest constitutes an agreement to sign all such releases (unless prohibited by law) and all documents required by Sponsor in connection with this Contest.
Sponsor may disqualify any entry and Entrant and select another potential Winner from among the remaining Eligible Entries if (a) Sponsor is unable to contact the potential Winner or receives no response from potential Winner within twenty-four (24) hours after notification was sent to potential Winner or (b) if any potential Winner is unable, unwilling or does not, for any reason, return all of the required documents, unaltered and fully executed, within forty-eight (48) hours of their transmittal to the potential Winner or otherwise fails to comply with these Official Rules

Ownership Rights; Rights to Use Entries. Past experience has shown that contests and promotions generate similar submissions or entries which closely resemble concepts and ideas developed by Sponsor and/or Related Parties, whether before, during or after the Contest. Entrants may see a presentation which seemingly incorporates an idea or concept or includes materials similar to that contained in their entry (e.g., Contest entry form, and/or Video). Any similarity may be purely coincidental and is always unavoidable in light of the volume of ideas which Sponsor and/or Related Parties routinely consider in the course of their respective program development. Consequently, Sponsor and/or Related Parties must, and have adopted policies and procedures to protect themselves from potential liability and claims and as part of these Official Rules require all entrants to agree that: (i) Sponsor and/or Related Parties may use any and all ideas, concepts, material and expression, in whole or in part, submitted or contained in an entry, Video or other material you submit (ii) all entries and entry materials become the property of Sponsor and will not be returned, (iii) no Video or other material submitted, nor any part thereof, infringes any trademark, copyright or other property right, violates anyone's right of privacy or publicity, any law, regulation or agreement or obligation by which he or she may be bound and (iv) entrants consent to Sponsor and/or Related Parties displaying, performing, making available for access, display, performing, using and exhibiting the Video, in whole or in part, throughout the universe, in perpetuity, in all media and means, now known or hereafter developed or discovered, for commercial purposes or any other purpose whatsoever.

If you enter, attempt to enter, participate and/or are selected as the Winner, you agree that your Video may be used by Sponsor and/or Related Parties, in whole or in part, for any purpose whatsoever without notice, consideration or compensation of any kind and even if there are any rights you may claim or arguably retain anywhere in the world (and without negating or limiting any of the provisions of these Official Rules), you grant Sponsor and Related Parties all non-exclusive, irrevocable, unconditional and unrestricted right, title and interest to exhibit, broadcast, copy, reproduce, encode, adapt, reformat, compress, encrypt, incorporate data into, edit, broadcast, rebroadcast, transmit, record, publicly perform, create derivative works of, distribute and synchronize in timed relation to visual elements, all and/or any portions of your entry (including, without limitation, your Video), in any manner, an unlimited number of times, in any and all media, now known or hereafter developed or devised, throughout the universe, in perpetuity.

Indemnity. If you enter, attempt to enter, submit all or any part of an entry, participate, are selected as a potential or actual Winner, you agree to defend, indemnify, release, discharge and hold harmless Sponsor and Related Parties (specifically The Home Depot, Chick-fil-A, Inc and the Metro Atlanta Chamber of Commerce) harmless from and against any and all claims, suits, losses, damages and expenses (including reasonable attorneys' fees) arising out of or in connection with this Contest, your submitted Video and/or the award, use, misuse or acceptance of the Prize and any prize-related activity or Sponsor's ownership, exhibition, exploitation or other use of the Video or by reason of your non-compliance with, violation, breach or alleged breach of any of the terms or conditions of these Official Rules (including, without limitation, the representations and agreements herein).

Representations / Warranties. You represent, warrant, covenant and agree that: (i) you have full right and authority to enter this Contest; (ii) no rights of any kind or nature are being retained or reserved by you or any third party in connection with your Video or each and all of the elements thereof or the Contest; (iii) neither your Video nor the use of your submitted Video by Sponsor or the exercise by Sponsor of any of the rights granted by you under these Official Rules, in whole or in part, including without limitation its contents and all audio, visual and musical elements and all names, likenesses, biographies, trademarks, trade names, or logos used in or as part of the Video, shall interfere with or infringe under common or statutory law the rights of any third party, including, without limitation contract rights, copyrights, trademarks, service marks, trade names, logos, rights of publicity and privacy, or otherwise violate the rights of any third party.

Sponsor is not responsible for any entry that is not submitted within the Entry Period or received when required by these Official Rules or that is incorrect, incomplete, illegible, unreadable, unrecognizable or inaccurate regardless of the reason or cause and even if due to human or equipment failure on the part of Sponsor, including, without limitation, malfunctions of telephones, networks, computer or communication systems, defects in material, media, digital file transfers (e.g., uploads or downloads), the Internet/World Wide Web, the Website, messaging or other problems with services, service providers, carriers or anything else. Sponsor is also not responsible for any loss or damage that may occur because of your participation, entry, attempted entry, winning or being awarded a prize in connection with this Contest.

General. The laws of the State of Georgia shall govern the interpretation and enforcement of these Official Rules and this Contest. The courts of the State of Georgia, shall have sole and exclusive jurisdiction of any controversies regarding these Official Rules and this Contest and entrants submit to the exclusive and personal jurisdiction of such courts and waive any and all objections to jurisdiction and venue in these courts, including any objection that the forum is inconvenient. BY ENTERING, SUBMITTING AN ENTRY OR ATTEMPTING TO DO SO, AND/OR BY PARTICIPATING OR ACCEPTING ANY PRIZE, YOU HEREBY IRREVOCABLY WAIVE THE RIGHT TO ANY TRIAL BY JURY.

Sponsorship. The Contest is sponsored by Peach Bowl, Inc, 235 Andrew Young International Blvd, Atlanta, GA 30303.