QuickPics Contest Rules
QUICKTABLE MONTHLY QUICKPICS CONTEST RULES
NO PURCHASE NECESSARY TO ENTER OR WIN THIS MONTHLY QUICKPIC CONTEST. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
1. Sponsor: The “QUICKTABLE MONTHLY QUICKPICS” CONTEST (the “Contest”) is sponsored by QuickTable, LLC (hereafter “Sponsor”) with offices located at 1320 State Street NW, Lake Township, Ohio 44685.
2. Eligibility: These are the Official Rules (the “Official Rules”) for the Contest. The Contest is open only to persons who are legal residents of and are currently located in the 50 United States or the District of Columbia (excluding Puerto Rico, Guam and the U.S. Virgin Islands), who are at least eighteen (18) years of age on or before July 1, 2016. Any individuals (including but not limited to employees, officers, directors, consultants, independent contractors, and interns), who have, within the past six (6) months, performed services for the Sponsor (hereafter the “Administrator”), their parent, subsidiary, or affiliated entities, or agents acting on behalf of the above entities, including but not limited to all other promotional partners, or any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest or supplying the prize(s), and/or their respective parents, affiliates, subsidiaries, licensees and distributors, and immediate family and household members of such individuals, are not eligible to receive a prize. “Immediate family members” shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses. “Household members” shall mean people who share the same residence at least three (3) months a year. Eligibility is subject to all federal, state, and local laws and regulations.
3. Entry Period: QuickTable app users will automatically be entered into the Contest simply by posting a picture in QuickChat, and all pictures posted between 12:01 Eastern Time (“ET”) on the first day of the month, and 11:59 Pacific Time (“PT”) on the last day of the month shall be eligible to win (the “Entry Period”).
4. How to Enter: NO PURCHASE NECESSARY. All QuickTable mobile app users will automatically be entered into the Contest every time the user posts a picture in QuickChat. QuickTable mobile users may post as many pictures into QuickChat as they wish, and all pictures that are posted in compliance with the Contest requirements shall be eligible to win. Picture entries that do not meet the specifications or otherwise do not comply with the Official Rules herein may be automatically disqualified. Any attempted form of entry other than as described herein is void. Administrator and or Sponsor will determine in its sole discretion what constitutes a valid entry. All pictures posted in QuickChat become the property of the Sponsor.
5. QuickChat Picture Requirements: Your QuickChat picture post must meet the following criteria:
The picture must be taken on your phone with the QuickTable mobile app, while at a restaurant that is listed in the QuickTable search database.
Cannot have been taken in another mobile app and then shared with QuickTable.
May only contain content, for which you have, or have the power to grant, all required consents and approvals.
Cannot contain, as determined by Sponsor, content that is sexually explicit, violent, derogatory of any ethnic, racial, gender, religious, professional or age group, which violates any law, or which communicates a messages inconsistent with the positive good will to which we wish to associate.
Submissions must not: (a) violate any third party rights, including, but not limited to, copyrights, trademark rights, or rights of privacy and publicity; (b) contain defamatory statements; (c) include threats to any person, place, business, or group; or (d) be obscene or indecent. Any elements that appear in the submission, including, without limitation, images, text, or other materials used must be entirely original and created by the entrant, or be in the public domain. Use of any elements that are not original or in the public domain will result in disqualification of a submission, in the Sponsor’s sole discretion. If a submission depicts any third party, that third party must be of the age of majority in his/her jurisdiction of residence and you must have permission from that third party to grant the rights to the Sponsor.
The Administrator will not make available to the general public any picture that is obscene, pornographic, violent, offensive in any manner, or in any other way not suitable to be published (as determined solely by the Administrator). Entrants agree that the inability to publish an entry, or the obscenity, fraudulent nature or invalidity of the registration information (as determined by Sponsor or the Administrator, at their sole discretion) will render the corresponding picture entry void.
6. Sponsor’s Rights to User Pictures: By posting a picture in QuickChat, you: (a) irrevocably grant the Sponsor, its agents, licensees, and assigns the unconditional and perpetual (non-exclusive) right and permission to copyright, reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your entry as-is or as-edited (with or without using your name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you or any other party; (b) forever waive any rights of copyrights, trademark rights, privacy rights, and any other legal or moral rights that may preclude the Sponsor’s use of your entry, or require any further permission for the Sponsor to use the entry; and (c) agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Sponsor on the grounds that any use of the entry, or any derivative works, infringes any of your rights as creator of the entry, including, without limitation, copyrights, trademark rights, and moral rights.
7. Voting: All entries will be judged by the QuickTable community. The odds of winning depend on the number of valid entries received, the quality of the pictures, and the total number of votes each picture receives by the QuickTable app community. In case of a tie, the Administrator will cast the final vote to determine one winning entry based on the criteria set forth above. The decision of the QuickTable app community or the Administrator, as applicable, shall be final and legally binding as it pertains to this Monthly Contest. The winning pictures will be announced and displayed within the QuickTable mobile app on or about the third business day of the month after the contest ends.
8.Prizes: (UPDATED DEC 1, 2016)
**There must be at least 250 pictures in total posted in QuickChat during any given month for the following prize amounts to be paid out.**
1st Place $150 cash prize
2nd Place $100 cash prize
3rd Place $ 50 cash prize
4th Place $ 25 cash prize
5th Place $ 25 cash prize
ARV of all prizes awarded US $350. Potential winners will be notified via text or phone call to the registered phone that posted the picture in QuickChat through the QuickTable mobile app within ten days following the posting of the winners. If the notification is returned as undeliverable, or if no response is received with in the specified prize claim deadline, we may award the prize to the next highest scoring winner. Winner will be required to provide an active mailing address in order to be contacted for eligibility verification and prize award fulfillment. Limit one prize per person per month. If there is a dispute as to who is the potential winner, we will consider the potential winner to be the person who’s phone is registered with the QuickTable app that submitted the picture(s) into QuickChat to be used for the Contest. If you are a potential winner, you may be required to sign an affidavit of eligibility, liability release, publicity release (unless prohibited by law), and possible tax documents (the “Documents”) within five (5) days of notification. If you do not complete the required Documents as instructed and/or return the required Documents within the time period listed on the winner notification message, we may disqualify you and select an alternate winner. Winner is responsible for any and all taxes, including income taxes, should there be any. The Winner may receive a tax form 1099. By entering, participants release and hold Sponsor, Administrator, and each of their respective parent companies, subsidiaries, affiliates, distributors and advertising and promotional agencies, and each of their respective directors, officers, employees, and agents, and all others associated with the development and execution of this Contest (collectively, the “Promotion Entities”) harmless from and against any and all liability, losses, damages or injuries of any kind resulting from participation in the Contest or any Contest-related activity, prize, taxes, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize. Each entrant waives the right to assert, as a cost of winning a prize, any and all costs of redemption or travel to redeem said prize. The Promotion Entities will not replace any lost or stolen prize items once in the Winner’s possession. The odds of winning will depend on the number of entrants.
9. Publicity: Acceptance of prize constitutes permission (except where prohibited by law) to use Winner’s QuickTable ID, hometown, photo entry, voice, phone or video interviews, prize won and contest responses for purposes of advertising, promotion and publicity without additional compensation. Submission of an entry grants the Sponsor and their agents the right to record, copy, publish, use, edit, exhibit, distribute, perform, merchandise, license, sublicense, adapt and/or modify such entry in any way, in any and all media, without limitation and without any compensation to the entrant. Submission of an entry further constitutes the entrant’s consent to irrevocably assign and transfer to Sponsor any and all rights, title and interest in the entry, including, without limitation, all copyrights. You acknowledge that Sponsor is in no way obligated to publish or use your submission in any way. All federal, state and local laws and regulations apply. Nothing herein shall constitute an employment, joint venture, or partnership relationship between you and Sponsor. In no way are you to be construed as the agent or to be acting as the agent of Sponsor.
10. Potential Winner Notification: The potential winners will be notified by phone, or text message. If a potential winner cannot be contacted, or fails to reply to a winner notice within the required time period, then an alternate potential winner will be determined by the Administrator. If this is the case, the entrant with the next highest score as determined by the Administrator, as applicable, will be declared the alternate potential winner. All winners will be posted in the QuickTable app for all users to see for approximately 25 days after the winners are posted, or until the following months winners are posted in their place. No text messages, emails, or phone calls to the Administrator and/or Sponsor requesting information about the winners shall receive a response.
11. Conduct: By posting pictures in QuickChat you are automatically participating in this Contest, each user agrees to abide by these Official Rules and the decisions of the Sponsor and/or Administrator, which are final and legally binding as they pertain to this Contest. 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, mobile apps, its supporting web sites, or to be acting in violation of the Official Rules. Sponsor reserves the right to lock out an entrant whose eligibility is in question or who has been disqualified or is otherwise ineligible to enter. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY ADMINISTRATOR’S MOBILE APPS, SITE OR ANY THIRD PARTY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE QUICKTABLE APPS AND THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND/OR OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
12. Notice to Users: Sponsor is not responsible for problems downloading or uploading of any Contest-related pictures or content or entries to or from the mobile app or for any other technical malfunctions of electronic equipment, computer on-line systems, WiFi networks, carrier service, servers, or providers, computer hardware or software failures, phone lines, failure of any electronic mail entry to be received by Sponsor on account of technical problems, traffic, congestion on the internet or the mobile app, or any other technical problems related to mobile entries including telecommunication miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit an entrant’s ability to participate in this Contest. If applicable, mass entries or entries generated by a script, macro or use of automated devices will be disqualified. Sponsor reserves the right to modify, suspend or cancel the Contest in its entirety at any time, including without limitation in the event the Contest becomes infected by a computer virus or is otherwise technically impaired, or should tampering, unauthorized intervention, fraud, technical failures or other causes beyond Sponsor’s control corrupt the administration, security, fairness, integrity or proper play of the Contest, or at the Sponsor’s sole discretion. If this is the case, a winner will be selected from among all entries received prior to cancellation according to the criteria set forth above.
13. Severability and Headings: If any provision of these Official Rules is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.
14. Disputes and Governing Law: Except where prohibited, user agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by a federal or state court located in the state of Ohio any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
15. Construction: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Ohio, U.S.A., without giving effect to any choice of law or conflict of law rules (whether of the State of Ohio or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Ohio.
16. Disclaimer and Force Majeure: Administrator, Sponsor, and the other Promotion Entities are not responsible for: (1) typographical errors in any materials relating to the Contest; (2) lost, misdirected, illegible, incomplete, or delayed entries; (3) cancellations, postponements, or delays; (4) Acts of God, war, terrorism, government regulation, disaster, fire, strikes, civil disorder; (5) unauthorized human intervention in any part of the entry process or the Contest; (6) electronic or human error which may occur in the administration of the Contest or the processing of entries; or any other causes beyond such parties’ control, making it inadvisable, illegal, impossible, or impractical to continue the Contest or to perform under these Official Rules. Administrator and Sponsor make no warranty, guarantee, or representation of any kind concerning any prize; Administrator and Sponsor specifically DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS, AND ANY OTHER IMPLIED WARRANTY.