HOLIDAY HOLLA CHALLENGE
SUBMISSION AGREEMENT: TERMS AND CONDITIONS
PLEASE REVIEW THESE TERMS CAREFULLY. SENDING A SUBMISSION CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.
1.0 DESCRIPTION OF CHALLENGE. The “Holiday Holla Challenge” (“Challenge”) is a national song writing and performing contest featuring a smart driving message. Competitors will be encouraged to re-write one (1) of the traditional holiday songs identified in this Agreement with humorous, witty and/or compelling smart driving lyrics. Contestants can enter as individuals or in teams of up to three (3) individuals.
2.0 Submissions of contestants who comply with the terms of this Submission Agreement will be judged in the following manner: (1) the top fifteen (15 ) videos will be selected by the Sponsor and posted on www.HolidayHolla.com; (2) the top fifteen (15) videos will then be voted upon by visitors to www.HolidayHolla.com to select the top five (5) videos; and (3) the top five (5) videos will be judged by a panel of judges designated by the Sponsor (“Judges”) at a live event where the individuals who submitted them will perform and the Judges will select one (1) First Prize winner, one (1) Second Prize winner and one (1) Third Prize winner. See below for complete details.
3.0 ELIGIBILITY REQUIREMENTS.
3.1 Residence; Age; Other Requirements. To be eligible for consideration as a contestant in the Challenge, You must (A) be a permanent legal resident of one of the fifty (50) United States or the District of Columbia; (B) be between the age of 13 and 18 years of age at the time of registration; and (C) be ready, able and willing to participate in any media opportunities (e.g., interviews, photos, sound bites, video footage, etc.) surrounding the Challenge. Only contestants who complete all required entry forms and releases and submit materials in accordance with the requirements set forth in this Submission Agreement will be eligible for entry. Other forms and releases will be required for prize winners (as set forth below). An eligible minor must have a parent’s or legal guardian’s permission to participate.
3.2 Employment Restrictions. Children of employees of The Allstate Foundation (“Sponsor”), and employees or agents of Allstate Insurance Company, Weber Shandwick, and their respective parents, subsidiaries and affiliated companies, and their advertising and promotion agencies, and members of their immediate families (parent, spouse, child, sibling and their respective spouses, regardless of where they reside) and those living in the same household of such employees, whether or not related, are not eligible to participate or win in this Challenge.
3.3 The Challenge is void where prohibited by law.
4.0 HOW TO ENTER – VIDEO SUBMISSION
The time period for submission of videos begins on October 1, 2008 at 9:00 a.m. Central Time ("CT”) and ends on November 2, 2008 at 5:00 p.m. CT ("Challenge Submission Period"). The Sponsor’s computer is the official time keeping device for online entry into the Challenge. No Video Submissions into the Challenge will be accepted before or after those dates unless the Sponsor elects in its sole discretion to modify the Challenge Submission Period. All Video Submissions must meet the requirements as described in this Submission Agreement.
5.0 REQUIREMENTS OF VIDEO SUBMISSION
5.1 As described above in Article 1.0, eligible teens are invited to re-write any of the traditional holiday songs listed below with humorous, witty and/or compelling smart driving lyrics and perform same. Each Video Submission must feature some version of the following key message (but does not need to be verbatim): “holla to Your friends about driving smart and saving lives this holiday season." The Video Submission will be judged in accordance with the criteria described in Section 6.1 below.
5.2 Song used must be from a list provided by Sponsor. Click here for a list of eligible songs. .
5.3 Your Video Submission cannot exceed two (2) minutes in length. Caution: Sponsor has the right to disqualify any Video Submission that exceeds 2 minutes in length.
5.4 Video Submission may not contain, as determined by the Sponsor, in its sole discretion, any content that:
(A) contains copyrighted materials owned by others (including music, videos, photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media);
(B) contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others; advertises or promotes any brand or product of any kind; contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
(C) communicates messages or images inconsistent with the positive images and/or good will to which we wish to associate;
(D) defames, misrepresents or contains disparaging remarks about Sponsor, its products or other people, products or companies;
(E) is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
(F) contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, other than performers of re-written holiday songs in Video Submission;
(G) contains look-alikes of celebrities or other public or private figures, living or dead;
(H) promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
(I) is obscene or offensive; endorses any form of hate or hate group; appears to duplicate any other submitted photographs; and/or
(J) violates any law.
5.5 Your Video Submission must be Your original work. You may not submit a Video Submission in which any person other than Yourself owns any rights or interests (including, but not limited to, rights as joint owner or joint author unless such individual is a member of Your team) and You may be required to provide documentation in a form acceptable to Sponsor evidencing such rights and interest if so required by Sponsor. In furtherance, but without limiting the foregoing, Your Video Submission must not contain any elements that would violate third party rights if used for any purpose, including, without limitation, in any commercial broadcast, even if You can obtain the right to use those materials by license, permit, consent, or otherwise. Your Video Submission may not be based in whole or in part on the work of any other person or entity (with the exception of the applicable holidays songs) (including without limitation, any other fictional or non-fictional material, published or unpublished, produced or unproduced). If the judges, in their sole discretion, determine that two or more Video Submissions are substantially similar to one another, the judges shall have the right to disqualify any or all such Video Submissions at their sole and absolute discretion.
6.0 INSTRUCTIONS FOR SENDING IN VIDEO SUBMISSION
6.1 Submission Format and Method. Your Video Submission should be uploaded to YouTube and the YouTube Embed Code must be submitted via the Holiday Holla Challenge online application by the deadline .Visit www.KeeptheDrive.com and follow the directions provided to complete the online application. Your entry must be received by no later than 5:00 p.m. CT on Sunday, November 2, 2008. Your assent to this Submission Agreement on behalf of Yourself will be reconfirmed by clicking the “I Accept” button as part of the online process.
6.2 Limit one (1) Video Submission per team per e-mail address and per household.
6.3 Team Eligibility Requirements. If You enter as part of a team, all members of the team must meet all of the Challenge eligibility requirements, and designate a “Team Leader” to make the Video Submission on behalf of the team. Each member hereby grants the Team Leader authority to represent and bind him/her in connection with the activities and requirements contemplated hereunder, including, without limitation any communications with Sponsor and further agrees that the Sponsor may rely upon the statements of the Team Leader as the representative of the team.
6.4 Team Disputes; Individual Submitting Video Submission Speaks for Team. Sponsor assumes no responsibility for any internal disputes among Your team. In the event there is a dispute amongst Your Team, the decision of the Team Leader shall be final and binding, provided it does not violate these Terms and Conditions. Teams may not substitute people once the team has made a Video Submission. Failure to properly execute an Affidavit by the Team, Leader and each team member, or the Team Leader to execute such other agreements as may be required by Sponsor will result in the team’s candidacy for selection as a Semi-Finalist or Finalist being void.
ALL VIDEO SUBMISSIONS BECOME THE PROPERTY OF SPONSOR.
7.0 THE JUDGING PROCESS
7.1 Judging: Round One: The top fifteen (15) Video Submissions (“Semi-Finalists”) will be selected by the Sponsor from among all eligible Video Submissions received based equally upon the following criteria: originality; personality; quality of video; and adherence to theme. Sponsor reserves the right to select fewer than fifteen (15) Semi-Finalists if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Video Submissions. In the event of a tie, an additional tie-breaking judge will determine the Semi-Finalist(s) from among all tied Video Submissions using the judging criteria set forth above. Round Two: All Semi-Finalists will be posted on www.HolidayHolla.com for voting from 12:00 p.m. CT on November 7, 2008, through 5:00 p.m. CT on November 21, 2008 (“Voting Period”). During the Voting Period, visitors to the site who are at least thirteen (13) years of age will be invited to register and vote for the best video based on the following criteria: originality, personality; quality of video; and adherence to theme. Limit one (1) vote per person per hour for the entire Voting Period. Voters will have 24 hours after the Voting Period ends to confirm their votes via e-mail. Votes received from the same person or e-mail address after the first vote received from that person or e-mail address on any given hour will be void. Votes generated by script, macro and other automated means or with the intent to impair the integrity of the voting process will be void. Semi-Finalists are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion. The five (5) Semi-Finalists receiving the highest number of valid votes, as determined by Sponsor in its sole discretion, will be deemed “Finalists”. Round Three: Finalists will perform their lyrics live at the Mall of America on Saturday, December 6, 2008, in front of a panel of qualified judges established by Sponsor who will evaluate and score the Finalists based equally upon the following criteria: originality; personality; and adherence to theme. The Finalist receiving the highest score, as determined by the judges in their sole discretion, will be deemed the First Prize winner; the Finalist receiving the second highest score, as determined by the judges in their sole discretion, will be deemed the Second Prize winner; and the Finalist receiving the third highest score, as determined by the judges in their sole discretion, will be deemed the Third Prize winner. All prize awards are subject to verification of eligibility and compliance with the terms of these Terms and Conditions. In the event of a tie, the winner(s) will be determined an additional tie-breaking judge using the judging criteria set forth above. The decision of the Sponsor and judges are final and binding and cannot be appealed. Sponsor reserves the right to record and videotape the final event and interview Finalists, and use said recordings, which shall be owned by Sponsor, and any performance embodied therein, in any and all media now known or hereafter created throughout the world in perpetuity, without approval from, or notice or compensation to, Finalist or any third parties.
7.2 General Releases; Required Agreements
All potential Semi-Finalists will be contacted on or about November 24, 2008 by telephone, mail and/or e-mail at the phone numbers and/or addresses indicated in the application provided at time of entry of the Video Submission. A potential Semi-Finalist, and if an eligible minor, a parent or legal guardian of such minor, must be able to attend the final event scheduled to take place at the Mall of America on Saturday, December 6, 2008. Potential Semi-Finalists will each be required to sign and return (within three (3) days of date of Sponsor’s issuance) an Affidavit of Eligibility, Liability Release, and, unless prohibited by law, Publicity Release, written consent to background checks (as described below), and such other releases and documentation required by Sponsor in form(s) designated by Sponsor. If any potential winner is an eligible minor, all required documentation and releases must be completed by his/her parent or legal guardian.
7.3 Background Checks/Conduct
Potential Semi-Finalists (and, if eligible minors, their parents or legal guardians) must agree to a background check (which may include, without limitation, a review of his or her driving record) before being declared a Semi-Finalist. Sponsor reserves the right to disqualify any individual for any reason as Sponsor determines in its sole discretion, including without limitation, based on driver history or record, any drug or alcohol dependency or treatment, criminal arrests or convictions, law suits – either settled or still pending. Once selected as a Semi-Finalist, Sponsor may disqualify any potential Semi-Finalist if he or she has engaged in, or engages in, conduct that reflects unfavorably on the Sponsor, its products, or any part of this Challenge, as determined by Sponsor in its sole discretion.
7.4 Failure to Satisfy All Requirements
The unavailability of any Finalist (including any team member) to participate in the final event for whatever reason, including, without limitation, illness, personal emergencies, or failure to execute the all required documents described above by any potential Semi-Finalist will result in disqualification from the Challenge. Noncompliance with this Submission Agreement or the return of any notification as undeliverable may result in disqualification at any time prior to, during, or after the Challenge. In the event of any disqualification, there may be the selection of a runner-up (or reduction of the number of eligible potential Semi-Finalists or Finalists (as applicable)), if the Sponsor so elects at its sole and absolute discretion and time permitting.
8.0 PRIZES
8.1 Semi-Finalist Prizes (15): $1,000 cash (to be divided equally amongst team members (as applicable)).
8.2 Finalist Prizes (5): Each Finalist will receive a trip for finalist (and, if an eligible minor, his/her parent or legal guardian) to the Mall of America to participate in the final event scheduled to take place on December 6, 2008. Trip includes round-trip coach class air transportation from the major U.S. gateway airport nearest Finalist’s residence (as determined by Sponsor) and two (2) nights’ standard hotel accommodations (one (1) room per contestant/guardian) (ARV: up to $200 each). If any Finalist Video Submission was submitted by a team, each member of such team will receive the Finalist Prize. Actual value may vary based on a Finalist’s residence and whether Finalist is a minor. Any difference between the stated value and the actual value will not be awarded. If any Finalist resides with a 100 mile radius of destination, ground transportation may be provided in lieu of air transportation and no compensation or substitution will be provided for difference in prize value. Finalists are responsible for obtaining all required travel documents. Travel arrangements must be made through Sponsor’s agent and on a carrier of Sponsor’s choice. Finalists are responsible for all costs and expenses associated with prize acceptance and use not specified herein as being provided, including, but not limited to, ground transportation, luggage fees, meals and souvenirs. Certain travel restrictions may apply. If a Finalist is a minor, such minor’s parent or legal guardian must travel together with Finalist on the same itinerary and Finalist (and, if a minor, his/her parent or legal guardian) is/are responsible for obtaining all necessary travel documents
8.3 First Prize: $10,000 cash (to be divided equally amongst team members (as applicable).
8.4 Second Prize: $5,000 cash (to be divided equally amongst team members (as applicable).
8.5 Third Prize: $3,000 cash (to be divided equally amongst team members (as applicable).
8.6 General Prize Conditions: Cash prizes will be awarded in the form of a check. Winners are solely responsible for any costs and expenses associated with the prize not expressly described herein as being awarded including, without limitation, the following: (i) all federal, state or local taxes, including, without limitation, income taxes (ii) any additional expenses not described herein as being awarded. Prizes are non-transferable; no substitutions or cash equivalents of non-cash prizes allowed, except at the sole discretion of Sponsor, who reserves the right to substitute a prize (or portion thereof) of comparable or greater value. If any winner is a minor, the Sponsor reserves the rights to award the prize either to the minor or to his or her parent or guardian, or both, as Sponsor determines in its sole discretion. All prize details are at the sole discretion of Sponsor.
9.0 OWNERSHIP AND OTHER RIGHTS
"Challenge Materials" include, to the extent applicable: (1) any information and material, including the Video Submission submitted by You in connection with the Challenge; (2) the Video Submission entry form and any other forms, documentation or releases required to be submitted by You for the Challenge, whether submitted to the Sponsor prior to or after judging and selection; (3) Your name, voice, likeness, image and biographical data; and (4) all photographs, video or audio recordings, audiovisual recordings or other audiovisual materials, writings, statements, dramatic materials, ideas, quotations and any other intellectual properties of or by You (whether created by You, Sponsor or a designee of Sponsor) and/or furnished to the Sponsor by You in connection with the Challenge.
All tangible Challenge Materials submitted will become the property of Sponsor and will not be returned. By entering the Challenge, You (and, if an eligible minor, Your parent or legal guardian) grant to Sponsor a universal, perpetual, fully-paid, irrevocable, non-exclusive license to reproduce, prepare derivate works of, distribute, display, exhibit, transmit, broadcast, televise, digitize, otherwise use, and permit others to use and perform throughout the universe the Challenge Materials in any manner, form, or format now or hereinafter created, including on the internet, and for any purpose, including, but not limited to, advertising or promotion of Sponsor and its services, all without further consent from or payment to You or any third party.
By submitting the Challenge Materials, You (and, if an eligible minor, Your parent or legal guardian) represent and warrant to the Sponsor that: (1) the Challenge Materials and everything depicted in the Challenge Materials, are wholly original and do not infringe upon or otherwise violate any right of any person, firm or entity, including, without limitation, that nothing in the Challenge Materials is defamatory; (2) You have all rights, licenses, permissions and consents necessary to submit the Challenge Materials in the Challenge in accordance with this Submission Agreement; (3) no person other than You, nor any entity, has any right, title or interest in and to any part of the Challenge Materials; and (4) You are not subject to any agreement or arrangement, including without limitation, any music publishing agreement, recording agreement, production agreement or any similar other agreement that would interfere with Your entering this Challenge and granting all the rights granted hereunder or in any other required documentation.
By entering the Challenge, You (and, if an eligible minor, Your parent or legal guardian) agree that the Sponsor may post Your Challenge Materials, or any part thereof, on the www.HolidayHolla.com or other video sharing websites, but has no obligation to do so. The Sponsor reserves the right, in its sole discretion, to limit the number of contestants whose Challenge Materials are posted on the www.HolidayHolla.com and to remove any Challenge Materials that have already been posted. You (and, if an eligible minor, Your parent or legal guardian) understands that Your name, voice, likeness, image, biographical data or Video Submission may be posted on the www.HolidayHolla.com in connection with the Challenge. You (and, if an eligible minor, Your parent or legal guardian) further agree that the Sponsor and its designees shall have the right to modify, edit, adapt, and electronically alter the Challenge Materials, including Your Video Submission, as well as reproduce it/them, in whole or in part, without compensation or further notice to You, for any purpose, including without limitation, for use on the www.HolidayHolla.com, television or other mediums.
Any use of any trade names, trademarks, logos, service marks and/or symbols of Sponsor and/or its affiliates (collectively, the “Sponsor Marks”) related to any Challenge activities may only be undertaken by You with the prior written approval in each instance by Sponsor. All Sponsor Marks shall only be used in the exact form, style and type then prescribed by Sponsor. The Sponsor Marks are and shall remain exclusively the property of Sponsor. You shall neither (directly or indirectly) obtain, nor attempt to obtain, at any time any right, title or interest in or to the Sponsor Marks, and You hereby expressly waive any right which You may have to do so. You recognize Sponsor’s exclusive ownership of the Sponsor Marks.
10.0 GENERAL
10.1 Publicity; Releases; No Joint Venture. You may not issue press releases or other publicity in connection with Your participation in the Challenge; provided, however, that You may cooperate with or respond to requests or inquiries from press organizations with respect to Your participation in the Challenge and may direct people to the Challenge’s websites www.KeeptheDrive.com/www.HolidayHolla.com to encourage interest and participation in the Challenge.
You may not use materials or information provided by Sponsor without prior written consent of Sponsor in each instance or You may be disqualified.
Each individual participating in this Challenge (and, if an eligible minor, his/her parent or legal guardian) hereby agrees to release, discharge, indemnify and hold harmless Sponsor, Allstate Insurance Company, The Allstate Foundation, Weber Shandwick, and their respective parent, subsidiary and affiliated companies, and their advertising and promotion agencies, and any other agency that provides services in connection with this Challenge, and each of their respective officers, directors, members, managers, distributors, employees, representatives, contractors, agents, successors and assigns (collectively, the “Released Parties”), from and against any claims, damages or liability arising from or related to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, awarding, non-awarding, misuse or use of any prize (including any travel or activity related thereto), participation in this Challenge, participation in any Challenge-related activity, or termination, suspension or modification of the Challenge or the use of any rights granted herein.
You are an independent party from Sponsor and its designees. Neither this Submission Agreement, nor this Challenge, constitute (or should be construed as constituting) a partnership, employer/employee or principal/agent relationship or joint venture between You and Sponsor. You have no right to obligate or bind Sponsor.
10.2 Disqualification. By participating in this Challenge, You (and, if an eligible minor, Your parent or legal guardian) agree to be bound by this Submission Agreement and the decisions of the Sponsor and judges, which shall be final and binding in all respects, and to waive any right to claim ambiguity in the Challenge or this Submission Agreement. Submission of false or inaccurate information and/or failure to comply with this Submission Agreement will result in disqualification. All applicable federal, state and local laws, rules and regulations apply. Sponsor’s inability to notify any contestant after reasonable attempts by telephone, mail or e-mail to do so may result in disqualification and selection of a Challenge contestant, at Sponsor’s option.
Caution: Any attempt by a participant to deliberately damage any web site or undermine the legitimate operation of the Challenge may be a violation of criminal and civil laws, and should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such participant to the fullest extent of the law.
10.3 Errors. Released Parties are not responsible for any computer, network, technical, typographical, printing, human or other error relating to or in connection with this Challenge, including, without limitation, errors which may occur in connection with any Challenge-related materials, administration of the Challenge (including without limitation, screening of the posting of the Challenge Materials on the Challenge Website), the processing or judging of Video Submissions, the voting processes or in the announcement of the prizes. Released Parties are not responsible for lost, late, mutilated, inaccurate, incomplete, delayed, undelivered, misdirected, garbled, illegible or inaudible Video Submissions or Challenge Materials or votes or for human errors or electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of submitted materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive by the Sponsor any submitted materials or information by reason of technical problems or traffic congestion on the internet or at any web site or human errors or any combination thereof.
10.4 Force Majeure. If for any reason the Challenge is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Challenge, the Sponsor reserves the right, in its sole and absolute discretion, without prior notice and at any time, to disqualify any individual who tampers with the entry process, and/or to cancel, terminate, modify or suspend the Challenge, in whole or in part, and/or judge only those eligible, non-suspect Video Submissions received up to the time of such action using the judging procedures outlined above. In the event either Sponsor is prevented from awarding prizes or continuing with the Challenge as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, the Sponsor shall have the right to modify, suspend, or terminate the Challenge.
10.5 Similar Ideas. You (and, if an eligible minor, Your parent or legal guardian) hereby acknowledge and agree that the relationship between You and Sponsor is not a confidential, fiduciary, or other special relationship, and that Your decision to make Your Video Submission and submit other Challenge Materials to Sponsor for purposes of the Challenge does not place Sponsor in a position that is any different from the position held by members of the general public with regard to elements of Your Challenge Materials and other Challenge-related items. By entering the Challenge, You (and, if an eligible minor, Your parent or legal guardian) acknowledge and agree that Sponsor may obtain many submissions under this Challenge and that such entries, Challenge Materials and Challenge-related items may be similar or identical in theme, idea, plot, format or other respects to others submitted under this Challenge and/or other contests staged and/or sponsored by the Sponsor, and waive any and all claims You may have had, may have, and/or may have in the future, that any Work, accepted, reviewed and/or used by the other Challenge participants and/or Sponsor (or their respective designees) may be similar to Your Challenge Materials and/or other Challenge-related items. You (and, if an eligible minor, Your parent or legal guardian) acknowledge and agree that Sponsor has now, nor shall it have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to Your Video Submission, Challenge Materials or any other Challenge-related items.
10.6 No Insurance. You (and, if an eligible minor, Your parent or legal guardian) hereby acknowledge and agree that neither Sponsor nor its agents have arranged for or carry any insurance of any kind for the benefit of You, or for the benefit of heirs, executors or administrators of You. You (and, if an eligible minor, Your parent or legal guardian) hereby acknowledge and agree that You are solely responsible for obtaining and paying for any life, health, travel, accident or other insurance relative to any activities related to this Challenge, including without limitation, the Challenge and/or any prize.
10.7 Disputes. You (and, if an eligible minor, Your parent or legal guardian) agree that (A) any and all disputes, claims and causes of action arising out of, or connected with, the Challenge or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Chicago, Illinois USA; (B) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Challenge and in no event will You be entitled to obtain attorneys’ fees or other legal costs; and (C) under no circumstances will You be permitted to obtain awards for, and You hereby waive all rights to, claim punitive, incidental and consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. In no event shall You (and, if an eligible minor, Your parent or legal guardian) seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain exploitation of Challenge or any advertising or other materials issued in connection therewith, including, but not limited to, a Video Submission or Challenge Materials, or any other exploitation thereof.
All issues and questions concerning the construction, validity, interpretation and enforceability of this Submission Agreement, participant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Challenge, shall be governed by, and construed in accordance with, the laws of State of Illinois, without giving effect to any choice of law or conflict of law rules (whether of the State of Illinois or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of Illinois.
11.0 IDENTIFICATION OF FINALISTS AND WINNERS
For the names of all Finalists and the winners, available after December 6, 2008, send a separate hand-printed, stamped self-addressed envelope to: Holiday Holla Challenge c/o Weber Shandwick, 8000 Norman Center Dr. Suite 400, Bloomington, MN 55437. Requests must be received no later than January 31, 2009.
12.0 CERTAIN DEFINITIONS
"You" or "Your" as used herein refers to the individual or team (as applicable) participating in this Challenge.
13.0 IDENTIFICATION OF SPONSOR AND SPONSOR
This Challenge is sponsored by The Allstate Foundation, 2775 Sanders Road, F4, Northbrook, Illinois 60062 (referred to as “Sponsor” in this Submission Agreement).
