Cracker Barrel Old Country Store, Inc. Five More Minutes Official Rules
THIS PROMOTION IS DESIGNED AS A SKILL CONTEST. THERE IS NO FEE TO PARTICIPATE IN THIS CONTEST. WHERE PROHIBITED BY LAW. EXCEPT FOR THE MARKS OF THE SPONSOR (ADDRESSED BELOW), ENTRY MUST NOT CONTAIN ANY THIRD-PARTY TRADEMARKS, LOGOS, TRADE DRESS OR PROMOTION OF ANY BRAND, PRODUCT, OR SERVICE.
ELIGIBILITY: The “Five More Minutes” Contest (“Contest”) begins on February 19, 2018 at 10:00 a.m. Central Time (“CT”) and ends on March 4, 2018 at 11:59 p.m. CT (“Promotion Period”). The time shall be determined by Sponsor’s timekeeping systems. Sponsor shall have the sole discretion in determining the timeliness of any action or inaction related to this Contest. All times mentioned in these Official Rules are Pacific Time unless expressly noted otherwise.
The Contest is open to (i) legal residents of the United States and D.C.; and (ii) who are eighteen (18) years old and the age of majority in their jurisdictions of residence as of the date of entry. Void where prohibited. Employees of Cracker Barrel Old Country Store, Inc. (“Sponsor”), Blue Crew Productions, and their respective parent companies, subsidiaries, affiliates, advertising agencies, public relations agencies, prize suppliers, including any vendors providing services in connection with this Contest (collectively, the “Sponsor Affiliates”), and employees, agents, directors, officers (including members of their immediate family – i.e., spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren – or those living in the same household) of Sponsor or any Sponsor Affiliates are not eligible to participate in the Contest. Contest is subject to all applicable federal, state, and local laws.TO ENTER: To enter this Contest, complete the following steps during the Promotion Period:
- Go to www.crackerbarrel.com/fivemoreminutes (the “Site”);
- Follow all posted instructions and fill out the application on the Site accurately and thoroughly, including a short paragraph describing your relationship with the person you wish you could spend five more minutes with; and
- Upload your own original video, up to ninety (90) seconds in length, in .mp4 format, with a file size less than 100 MB and shot horizontally (the “Video”) that introduces yourself, and shows you engaging with the person you would like to spend five more minutes with;
In the planning, creation, and distribution of your entry (including, without limitation, the Video), you warrant and represent that you will abide by all laws, regulations, and ordinances and that you will not harm, attempt to harm, or threaten to harm any person (including yourself) or property. You further warrant and represent that you will take the highest level of care in planning, creating, and distributing your entry.
Your entry must meet all of the Required Representations and Warranties set forth below to the fullest extent applicable for that entry. Failure to complete any step outlined in, or to follow any of, the Official Rules may result in your disqualification.
REQUIRED REPRESENTATIONS AND WARRANTIES: By participating in this Contest, you represent and warrant that your entry (including, without limitation, the Video) complies with the following criteria as applicable (collectively, the “Required Representations and Warranties”):
(i) Your entry must be your own original work or you must have all the rights necessary to post or re-post the content. Each entry must not contain any material that would violate or infringe upon the rights of any person or entity, including without limitation copyrights, trademarks or rights of privacy or publicity, or that is defamatory, threatening, indecent, obscene or offensive, or that is unlawful, in violation of or contrary to any applicable laws or regulations, or which requires a license from any third party.
(ii) You must have the express written consent of any identifiable persons appearing or referenced in your entry or entries to their Persona (as defined below) being used in the ways set out in these Official Rules, including Sponsor’s right to use your entry or entries for any future commercial purpose without restrictions. Upon request, you will obtain written consent of any such persons for Sponsor in the form identified by Sponsor. If any person appearing in any entry is under the age of majority in their jurisdiction of residence, the written consent and signature of a parent or legal guardian is required.
(iii) Except for the marks of the Sponsor (addressed below), the entry and Video must not contain or reference any names, products or services of any company or entity or any third-party music, trademarks, logos, trade dress or promotion of any brand, product, or service. Sponsor grants you the limited permission to display each of their marks and products in your entry and Video solely for purposes of entering this Contest and subject to these Official Rules.
(iv) Each entry must be appropriate for public viewing. Without limiting the foregoing, each entry must not be lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, violate any laws or otherwise contain content which Sponsor in its sole discretion decides is inappropriate or objectionable. Your entry must also not disparage or cast a negative light on any person, entity, or brand, product, or service.
Sponsor reserves the right in its sole discretion to not consider any entry for the Contest if it believes the entry violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these Official Rules. You agree to reimburse Sponsor and Sponsor Affiliates in full in respect of any losses, damages, and expenses, including reasonable legal fees (including, where permitted, reasonable attorneys’ fees) that they may sustain from the breach of a representation or warranty made by you or the use of any rights granted by you to Sponsor hereunder. By entering, you warrant that your entry complies with the requirements set out above including those at (i)–(iv) above. By entering, you hereby grant to Sponsor an unrestricted perpetual, irrevocable, non-exclusive, worldwide, royalty-free, sub-licensable, freely assignable license, but not the obligation, to reproduce your entry and any Video(s) and to otherwise use, exploit, copy, modify, adapt, edit, publish and display the entry and/or Video(s) in any form, manner, venue, media or technology now known or later developed for any and all purposes, including, without limitation, for purposes of trade, advertising, and promotion as Sponsor and its licensees or assignees determine, without further compensation, notification, or permission. Further, by entering, you hereby waive any moral rights you may have in your entry in favor of the Sponsor. You agree to execute any documents that Sponsor reasonably determines are necessary to document Sponsor’s rights in your entry to secure or perfect any intellectual property right (e.g., trademark, trade dress, copyright, patent, etc.) relating to your entry.
By submitting your entry you also grant to Sponsor the worldwide, perpetual, irrevocable, fully sub-licensable, and freely transferable right, but not the obligation, to use any and all names, identities, titles, likenesses, distinctive appearances, physical likenesses, images, portraits, pictures, photographs (whether still or moving), screen personas, voices, vocal styles, statements, gestures, mannerisms, personalities, performance characteristics, biographical data, signatures, and any other indicia or imitations of identity or likeness listed, provided, referenced, or otherwise contained in the entry and/or Video (all attributes, collectively, per person, a “Persona”) for purposes of advertising and trade, in any format, medium, or technology now known or later developed without further notice, approval, or compensation, unless prohibited by law.
WINNER SELECTION: After the close of the Promotion Period, on or about March 4, 2018, a qualified Judging Panel chosen by Sponsor in its sole discretion will select up to 50 entries from among the eligible entries to use portions of such entries in the music video for Scotty McCreery’s song, “Five More Minutes.”
The Judging Panel will judge the entries based on the following criteria (“Submission Judging Criteria”) as follows: (a) creativity; (b) adherence to theme; and (c) quality.
To be clear, the Judging Panel may review multiple similar entries; in such a case, the judges may consider the timing of such entries in making its decision but will not be bound to designate as a potential winner the first submission of such similar entries. The selected winner is subject to verification of eligibility and compliance with these Official Rules.
PRIZE: Each winner may have selected portions of his or her Video incorporated into Scott McCreery’s official music video for the song “Five More Minutes” to be premiered on sponsor’s YouTube channel on March 15, 2018.
ADDITONAL PRIZE TERMS:
All prizes are awarded “AS IS.” Neither Sponsor nor Sponsor Affiliates make or offer any warranty or guarantee, either express or implied (including, without limitation, quality, merchantability and fitness for a particular purpose) in connection with this Contest or any prize. No issuer of any offered prize is sponsoring this Contest. Prize details and availability are subject to change, in which case a prize of equal value may be substituted at Sponsor’s sole discretion. Prizes consist only of the items listed, are non-transferable, with no cash redemption or substitution except at Sponsor's sole discretion. Sponsor will determine all prize details in its sole discretion. Federal, state, or local taxes on prizes, if any, and any other costs, fees or expenses not listed above are the sole responsibility of each winner.
TO BE ELIGIBLE TO BE DECLARED A WINNER, YOU MUST TRANSFER ALL INTELLECTUAL PROPERTY RIGHTS THAT YOU DO OR MAY HAVE IN THE ENTRY TO SPONSOR. BY ENTERING POTENTIAL WINNER EXPRESSLY AGREES TO COMPLETE ALL PAPERWORK REQUIRED TO COMPLETE THIS TRANSFER BEFORE YOU WILL BE DECLARED THE WINNER.
WINNER NOTIFICATION/RELEASES: Potential prize winners will be notified by email from Sponsor throughout the Contest Period. Potential winner must respond to the notification message and provide all requested information within forty-eight (48) hours of the first contact or attempted contact from Sponsor or the potential prize may be forfeited. To claim any prize, Sponsor may require winner(s) to complete, sign, and return an Affidavit of Eligibility/Liability Release/Publicity Release forms and other applicable documents, which may require a social security number and may need to be notarized, before claiming and prize. All required documents must be completed and returned to Sponsor within forty-eight (48) hours of the date and time listed on the documents. At Sponsor’s discretion, winner(s) may be required to produce picture or some other form of proper identification to claim any prize. Sponsor reserves the right to substitute any prize with prize of equal or greater value. If a potential winner cannot be contacted, fails to timely claim the prize, is disqualified, fails to timely execute and return any required forms, or if the prize notification is returned as undeliverable, the Judging Panel may select an alternate winner from among the remaining eligible entries or an alternate winner may be selected by another method as solely determined by Sponsor. If by reason of printing or other error, more prizes are claimed than the number of prizes set forth in these Official Rules, a random drawing will be held to award the advertised number of prizes in the relevant category. Under no circumstances will more than the advertised number of prizes be awarded.
NO LIABILITY & INDEMNIFICATION: By entering this Contest, you agree to release, discharge and hold harmless Sponsor, Sponsor Affiliates, Blue Crew Productions, and their respective directors, officers, employees, agents and assigns (the “Released Parties”) from any claims, losses, and damages arising out of, or relating to, your participation in this Contest or any Contest-related activities (including, without limitation, the concert) and the acceptance and use, misuse, or possession of any prize awarded hereunder (including, without limitation, any misrepresentation made by you in connection with the Contest; any non-compliance by you with these Official Rules; claims brought by persons or entities other than the parties to these Official Rules arising from or related to your involvement with the Contest; acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in this Contest; any malfunction, error or other problem arising in connection with the collection, processing, or retention of entry information; or any typographical or other error in the printing, offering or announcement of any prize or winner). The foregoing includes, without limitation, any claim for personal injury, property loss or damage, or death arising in any way in connection with the Contest.
OTHER TERMS: Decisions of Sponsor on all matters related to the Contest are final and binding. Sponsor reserves the right to cancel or modify the Contest for any reason, including but not limited to, if fraud, misconduct or technical failures destroy the integrity of the Contest, or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper administration of the Contest as determined by Sponsor, in its sole discretion. Sponsor reserves the right to disqualify or prohibit the participation of an individual if fraud or tampering is suspected, or if the individual fails to comply with any requirement of participation or with any provision in these Official Rules. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL & CIVIL LAWS. SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND/OR SEEK DAMAGES FROM ANY INDIVIDUAL MAKING ANY SUCH ATTEMPTS TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.
Except where prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the state of Tennessee. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Tennessee without giving effect to any choice of law or conflict of law rules (whether of the State of Tennessee or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Tennessee. The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorney’s fees or other such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief.
THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
RIGHT TO DISQUALIFY: Sponsor reserves the right to disqualify or prohibit the participation of an individual if fraud or tampering is suspected; if the individual fails to comply with any requirement of participation or with any provision in these Official Rules; if the individual’s behavior or communication at any point is disruptive, may or does cause damage or to any person, property, or reputation of Sponsor, or is otherwise not in accordance with all applicable laws and generally accepted social practices as determined in Sponsor’s sole discretion.
SEVERABILITY: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
OFFICIAL RULES: For a copy of the Official Rules, see https://www.crackerbarrel.com or send a self-addressed, stamped envelope by March 15, 2018, to: “Five More Minutes” Contest Official Rules, c/o Cracker Barrel Old Country Store, Inc., 305 Hartmann Dr., Lebanon, TN 37087.
WINNERS LIST: For a list of winners, send a self-addressed stamped envelope with your request to: “Five More Minutes” Contest Winners List, c/o Cracker Barrel Old Country Store, Inc., 305 Hartmann Dr., Lebanon, TN 37087. Request must be received by April 30, 2018.
SPONSOR: Cracker Barrel Old Country Store, Inc., 305 Hartmann Dr., Lebanon, TN 37087.