GARDEN & GUN
2017 MADE IN THE SOUTH AWARDS
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL
NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED.
1. Competition Description. The “2017 Made in the South Awards” (“Competition”) is a Competition sponsored by Garden & Gun LLC d/b/a Garden & Gun magazine (“Magazine”). This Competition recognizes the achievements of artisans or businesses located in one of the following states or capital district: Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, Washington, D.C. or West Virginia (the “South”) that manufactures or produces a product (“Product”) in the South that fits into one of the six (6) Categories listed in Section 6 below. Entrants (“Entrant” “you” or “your”) will be judged and eligible to win a prize subject to these Official Rules (“Rules”). One (1) overall grand prize winner (“Overall Grand Prize Winner”) will be selected and win $10,000. All winners will be notified in mid-September 2017 and featured in the Magazine.
2. Sponsor. The Competition is sponsored by Garden & Gun LLC (“Sponsor”), 701 East Bay Street, No. 115, Charleston, South Carolina 29403.
3. Prizes. An Overall Grand Prize Winner will be selected by the judges based on the judging criteria described below and will win $10,000. Each of the six (6) Categories will have a first place winner (collectively, the “First Place Winners”) for a total of six (6) First Place Winners and three (3) runners-up (collectively, the “Runners-Up”) for a total of eighteen (18) Runners-Up. The Overall Grand Prize Winner and each of the First Place Winners and the Runners-Up will be featured in the December 2017/January 2018 issue of the Magazine. Size of write-up, product description and photo choice are all at Sponsor’s discretion.
4. Competition Period. The Competition commences at 12:00 PM (Eastern Time) on May 15, 2017 and ends at 11:59 PM (Eastern Time) on July 1, 2017 (the “Competition Period”). All Entries must be received by 11:59 PM (Eastern Time) on July 1, 2017. Sponsor’s computer is the official time keeping device for entry into the Competition. No Entries into the Competition will be accepted before or after the Competition Period.
5. Eligibility. To be eligible to participate in the Competition, you must be at least 21 years of age or older as of 12:01 PM (Eastern Time) on May 16, 2017 to enter the Competition and an artisan or business located in the South making a Product that fits into one of the following six (6) categories (“Categories”):
No previous winners (includes overall winner, first place winners and runners-up) of the Made in the South Awards nor products submitted by an artisan or business that have previously been featured in the Magazine (a different product may be submitted) are eligible to participate in the Competition. Employees (and their immediate families (i.e., parents, guardians, spouse, children, siblings, grandparents, step parents, step children and step siblings) regardless of where they reside and those living in the same household of such employees, whether or not related) of Sponsor, their respective affiliated companies, management companies, subsidiaries, advertising agencies and marketing companies (collectively, “Sponsor Entities”) are not eligible to enter the Competition.
6. How To Enter. To enter, please visit http://www.madeinthesouthawards.com (the “Site”) during the Competition Period, timely submit the required administrative fees of $75.00 for entries and complete all of the required fields of the Competition entry form (“Entry Form”). As part of completing the Entry Form, you must upload three (3) photos of Your Product which comply with these Rules (“Photos”) and acknowledge that You have read and agree to comply with these Rules and that all interpretations of these Rules by Sponsor are final in all matters relating to the Competition. Your photos may be submitted in any of the following file formats: JPG, GIF or PNG. The Entry Form and the Photos together comprise the “Entry”. One Entry per Entrant will be accepted. Only fully completed Entries are eligible. All Entries (subject to Your rights in Your personal data specified on the Entry Form) become the sole and exclusive property of Sponsor and will not be acknowledged or returned. You will take all further acts necessary to effectuate the intent of these Rules, including, without limitation, executing and delivering to Sponsor all such agreements, contracts and any other documents to confirm Sponsor’s ownership of the Entries. By entering this Competition, you acknowledge that you are ready, able and willing to partake in media opportunities (including but not limited to interviews, photos, sound bites, video footage, and the sharing of the information in your entry form with third parties participating in such media opportunities) as required by Sponsor in connection with the Competition. The Overall Grand Prize Winner will be required to complete other forms and releases as set forth below.
7. Product Qualifications. The Product that You submit for consideration into the Competition may only be submitted into one (1) Category and must be Your sole creative work and must not incorporate ideas or work of any other person or material that would require the consent of a third party in any jurisdiction or under any applicable law. Without limitation, the Product must not infringe or violate any trademark, copyright, publicity right, privacy or any other right of any other person or entity, under any applicable law. By submitting an Entry, you represent and warrant to Sponsor that the Product, Entry and everything depicted in the Photos are wholly original and do not infringe upon or otherwise violate any right of any person, entity, or any law, rule or regulation. Violation or breach of these representations or warranties may subject you to penalties and damages under applicable law and will result in disqualification from the Competition. By entering the Competition, You agree that Sponsor may post your Photos and Product or any part thereof on the Site. Sponsor does not guarantee the posting of any Photo or Product. You understand that your name and biographical data (as entered on the Entry Form) may also be posted on the Site in connection with the Competition.
8. Photo/Content Restrictions. Neither the Photos nor the Product may contain, as determined by Sponsor, in its sole discretion, any content that:
• Is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
• Promotes illegal drugs or substances;
• Is obscene or offensive; endorses any form of hate or hate group;
• Defames, misrepresents or contains disparaging remarks about Sponsor or its products or other people, products or companies;
• Contains trademarks, logos or trade dress (such as distinctive packaging or phraseology) owned by any entity other than yourself;
• Contains copyrighted materials owned by any entity (including photographs and other works of art or images);
• Advertises or promotes any brand or product of any kind other than your Product;
• Contains any personal identification, such as personal names, street or email addresses, or phone numbers other than your own;
• Violates or encourages the violation of any law, rule or regulation;
• Contains materials embodying the names, likenesses or other indicia identifying any person other than yourself or your Product, including, without limitation, celebrities and/or other public or private figures, living or dead;
• Promotes any particular political party, agenda or message; and/or
• Communicates messages or images inconsistent with the positive image and/or goodwill to which Sponsor wishes to associate.
Any Entry which contains Photos with any of the above will be considered void.
9. Odds. The odds of becoming the Overall Grand Prize Winner, one of the First Place Winners or Runners-Up depend on the number of eligible Entries received by Sponsor.
10. Ownership and Other Rights. By entering this Competition, you agree that Sponsor will solely and exclusively own all right, title and interest in and to the Competition Materials (as defined below), including without limitation all intellectual property rights to the Competition Materials. “Competition Materials” include, to the extent applicable (1) any information and material, including the Photos submitted by you in connection with the Competition; and (2) subject to your rights in your personal data, the Entry Form and any other forms, documentation or releases required to be submitted by you for the Competition, whether submitted to Sponsor prior to or after the judging process. For purpose of clarity regarding the ownership of the Competition Materials, this Section is in regards to the submission of the Competition Materials about the Product and does not grant any ownership rights to Sponsor to the Product itself. The Competition Materials have been specially ordered by Sponsor, and, therefore, will be deemed under US law, as “work made for hire” (in the US, under section 101 of the Copyright Act of 1976 as amended); but if the Competition Materials in whole or in part are not a “work made for hire,” You shall and hereby do irrevocably assign, convey, and transfer to Sponsor all right, title, and interest throughout the universe in perpetuity in and to such Competition Materials, without any obligation to pay additional consideration for the use or exploitation thereof. You will not retain any right, title or interest whatsoever in the Competition Materials, including, without limitation, a “license back,” rights of attribution; claims based on “moral rights” and similar theories; and liens, encumbrances and the like. You hereby irrevocably waive any claims based on the foregoing. You shall not assert, nor assist or authorize any third party in asserting, any claim inconsistent with this paragraph or the following paragraph. Sponsor shall have the right, in its sole discretion, to edit, modify, composite, scan, duplicate, or alter the Photos, in whole or in part, for any purpose which it deems necessary or desirable, without the need for any further remuneration and/or permission. You hereby irrevocably waive any and all claims based on moral rights, droit moral or similar theories in any Photo. You will take all further acts necessary to effectuate the intent of these Rules, including, without limitation, executing and delivering to Sponsor, all such agreements, contracts and any other documents to confirm Sponsor’s ownership of the Competition Materials. To the extent that You own (presently or in the future) any intellectual property rights that were not created in connection with the Competition Materials, but that may be necessary for Sponsor’s exercise of the rights assigned to it above (“Related Rights”), You agree to and do hereby grant to Sponsor, or will cause to be granted to Sponsor, at your cost and expense, a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub licensable right and license to use, copy, manufacture, distribute, translate, perform, modify, display, transmit, create derivative works of, make, have made, offer to sell, sell, import, and otherwise exploit any such Related Rights to the extent necessary to enable Sponsor to exercise all rights assigned to Sponsor under these Rules. Notwithstanding such ownership by Sponsor of all such rights, You expressly agree and acknowledge that Sponsor Entities shall not be responsible in any manner for any use of the Photos or the Product by any third parties and shall be under no obligation to protect or enforce any such rights in the Photos or Product.
11. Judging Process – Three Rounds. The Competition will consist of three (3) judging rounds.
A. First Round. In the first round, the Entry Form, Photos, and a brief written description of the business and Product (no more than 250 words) will be judged on the basis of how well they “represent the audience of the Magazine”.
B. Second Round. Those Entries selected to advance to the second round will be judged by members of Sponsor’s editorial team and a panel of expert judges consisting of Reese Witherspoon and Andrea Hyde (Style),T. Edward Nickens (Outdoors), Bunny Williams (Home), Paula Wallace (Crafts), Mashama Bailey (Food) and Derek Brown (Drink) provided that Sponsor may change any or all of the expert judges for any reason in its sole discretion. The judges will select the best Entry in each Category from the eligible Entries based on the following criteria:
• The quality of craftsmanship and aesthetic design of your Product;
• The degree of innovation and excellence in the Entrant’s respective categories; and
• The degree of Entrant’s production capability – the Product must be available for phone or online order by November 1, 2017.
The eligible Entries will each be scored by the judges. The sum of the scores of all the judges will be deemed the score of the Entry. The Entry receiving the highest score in each Category (total of six (6) Entries), will advance to a final judging round.
C. Final Judging Round – Overall Winner. The six (6) Entries advancing to the final judging round will be judged on degree of editorial suitability and the Entry with the highest score will be the Overall Grand Prize Winner. The decision of the judges are final and nonappealable.
12. Winner Notification; Verification. The potential Overall Grand Prize Winner and each of the First Place Winners and Runners-Up will be notified via email at the address listed on their Entry or by telephone if they do not have an email address. The potential Overall Grand Prize Winner and each First Place Winner and Runner-Up must prove evidence of eligibility as may be requested by Sponsor, including, without limitation, proof of age and residence upon notification as a potential winner. Each winner must sign upon notification and acceptance of the 2017 Made in the South Award, an affidavit of eligibility and release of Sponsor and Sponsor Entities from any and all liability, loss, claims, demands, and causes of action for personal injury and/or damage, theft, loss, or any other harm suffered in connection with this Competition, directly or indirectly from acceptance, possession, or misuse of any Prize or participation in this Competition. All contestants may be invited to a party sponsored by Palmetto Bluff. Sponsor has no obligation to any entrant with respect to such invitation, its terms and conditions or any other offer by Palmetto Bluff.
13. General Prize Terms. All costs and expenses not specifically listed above, including, without limitation, taxes incurred in connection with redemption of the Prize are each winner’s responsibility. Sponsor shall have no responsibility or obligation to any winner who is unable to accept the Award or the Prize (in the case of the Overall Grand Prize Winner) as described herein.
14. Disqualification. If you fail to comply with any of these Rules, Sponsor may, in its sole discretion, disqualify you and your Entry. Sponsor reserves the right in its sole discretion to disqualify you if it suspects or finds you: (i) to have tampered with the entry process or the operation of this Competition; (ii) to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or (iii) to have provided inaccurate information on any legal documents submitted in connection with this Competition. Sponsor’s inability to contact a potential winner within a reasonable time period as determined by Sponsor or the return of any notification as undeliverable may result in disqualification. In the event of any disqualification, Sponsor, may at its sole discretion, select another winner based these Rules.
15. General Terms. Sponsor is not responsible for anything outside of its reasonable control. Sponsor assumes no responsibility for incorrect or inaccurate Entry information whether caused by any of the equipment or programming associated with or utilized in this Competition or by any human error which may occur in the processing of the Entries in this Competition. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or servers on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, or any incomplete, lost, late, delayed, misdirected or garbled Entries or failure to receive Entries, including, without limitation, any injury or damage to your or any other person’s computer related to or resulting from participation or downloading any materials or software or attempts to participate in or download materials or software related to this Competition. Sponsor is not responsible for any typographical or other error in the printing of Competition, administration of the Competition, or in the announcement of the Prize and the Overall Grand Prize Winner, First Place Winners and Runners-Up. CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE COMPETITION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. THE SOUTH CAROLINA COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE COMPETITION AND THE LAWS OF THE STATE OF SOUTH CAROLINA SHALL GOVERN THE COMPETITION. YOU WAIVE ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS.
16. Indemnification. (a) By entering, you agree to defend (at Sponsor’s option), hold harmless and indemnify Sponsor and Sponsor Entities from and against any and all liability, damages or causes of action (however named or described), with respect to or arising out of either (i) your participation in the Competition, including, without limitation, the breach or violation of your representations and warranties concerning your Product and Photos; and/or (ii) the receipt, redemption or use of the Prize awarded in the Competition. You agree to release all rights to bring any claim, action or proceeding against Sponsor or Sponsor Entities, further covenant not to sue Sponsor or Sponsor Entities and hereby acknowledge that none of Sponsor or any Sponsor Entity has made or is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize, (b) Indemnification Procedure. You shall have the right to: (i) employ attorneys to institute or defend any claim, which attorneys must be reasonably acceptable to Sponsor, (ii) take any other reasonably appropriate steps to protect all rights and interests at issue, or (iii) settle, compromise in good faith or in any other manner dispose of any claim and satisfy any judgment that may be rendered, except that no compromise, settlement or disposition of any such claim may be affected or committed by you without the consent of Sponsor, which consent may not be unreasonably withheld or delayed. Sponsor shall have the right to participate in the defense of any claim. If a conflict of interest arises or exists between you and Sponsor, Sponsor shall have the right to retain separate counsel to represent its interests at the sole cost and expense of you.
17. DISCLAIMER OF WARRANTIES. SPONSOR IS PROVIDING THE COMPETITION ON AN “AS IS” AND “AS AVAILABLE” BASIS. SPONSOR DOES NOT REPRESENT OR WARRANT THAT THE COMPETITION OR THE TECHNOLOGY USED TO PROVIDE IT: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, OR (III) WILL MEET YOUR REQUIREMENTS OR ENABLE YOU TO PARTICIPATE IN IT. SPONSOR MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE RULES, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
18. EXCLUSION OF DAMAGES. NONE OF SPONSOR OR SPONSOR ENTITIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL), WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF, RELATING TO OR CONNECTED WITH THE COMPETITION, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.
19. LIMITATION OF LIABILITY. IN NO EVENT WILL SPONSOR’S AGGREGATE LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THESE RULES (INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO THE NETWORK) EXCEED THE ACTUAL OUT OF POCKET COSTS PROXIMATELY CAUSED YOU BY SPONSOR’S BREACH OF THESE RULES.
20. LEGAL RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS PROVIDED ABOVE OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
21. Request for the Names of the Award Winners and Rules. For the names of the Award Winners and/or a copy of these Rules, send a self-addressed stamped envelope to: Garden & Gun, 701 East Bay, Suite 115, Charleston, SC 29403. Vermont residents may omit postage.