Our True Love Story: Photo + Caption Contest
NO PURCHASE NECESSARY TO ENTER OR WIN.
The Friar Tux “Our True Love Story Photo and Caption Contest” (the “Contest”) is open to persons who are at least 18 years of age at the time of entry and are legal U.S. residents of one of the following California counties: Kern, Los Angeles, Orange, Riverside, San Bernardino, San Diego, Ventura or legal U.S. residents of Clark County, Nevada. Employees, officers and directors of Friar Tux (“Sponsor”) and its affiliates, subsidiaries, divisions, advertising and promotion agencies, and the immediate family members (parents, children, siblings, spouses) and those living in the same household of each, are not eligible to participate or win a prize in this Contest. All federal, state, and local laws and regulations apply. Void outside the above-indicated counties in California and Nevada and where prohibited by law.
2. ENTRY PERIOD
The Contest entry period begins on/about 12:00 p.m. (noon) Pacific Time (PT) June 5, 2019 and ends on 11:59 p.m. PT June 24, 2019 (“Entry Period”). Limit one (1) entry/Submission per couple, per e-mail address during entire Entry Period.
3. HOW TO ENTER
Go to friartux.com/lovestory and follow the instructions to enter the Contest by uploading one (1) photo of you and your partner taken at or during your engagement with a photo caption in English (telling your True Love Story resulting in you becoming engaged to be married, in no more than 400 characters) and complete the submission form by entering your name (first and last), email address, birth date, zip code where you live, phone number and wedding date (optional). By providing email address, entrant is agreeing to receive promotional emails from Friar Tux up to 4 times per month. An entrant may opt-out at any time without affecting his/her ability to enter or win a prize.
Any other attempted form of online entry is void and will not be accepted.
SUBMISSION MUST BE THE SOLE WORK OF ENTRANT/ENTRANT'S PARTNER (however, if engagement photo was taken by a friend or other third party, Entrant may submit the photo, provided that they have obtained the consent of the friend/other third party beforehand). Once Submission is entered into the Contest, photo and caption cannot be amended, modified or supplemented by entrant.
4. CONTEST JUDGING AND FINALIST DETERMINATION
Judging will be conducted from June 25, 2019 through June 27, 2019 (the "Contest Judging Period") by a panel of qualified judges determined by Sponsor in its sole discretion. Each eligible Submission will be judged on the following criteria to determine the three (3) Finalists:
- Creativity of Engagement Photo & Caption (33%)
- Visual Appeal of Engagement Photo (33%)
- Caption That Best Expresses Contest theme (that is, a True Love Story resulting in persons becoming engaged to be married) (34%)
In the event of a tie, the tie will be broken, and Finalist(s) determined based on an additional judge’s evaluation of the tied Submissions pursuant to the above judging criteria.
5. PUBLIC VOTING AND WINNER DETERMINATION
The three (3) Finalist Submissions will be posted on the official Friar Tux Contest website at www.friartux.com/lovestory on/about 12:00 p.m. (noon) PT July 15, 2019 through 11:59 p.m. PT July 31, 2019 ("Public Voting Period"). To vote for a Finalist, go to the contest website and follow the instructions, including entering your email address and clicking the "Vote" button. Limit one vote per email address.
Sponsor reserves the right in its sole discretion to postpone, re-schedule or otherwise modify the timing of the Public Voting Period by posting notice of same on the official Friar Tux Contest website at friartux.com/lovestory. Finalist Submissions will be posted on the official Friar Tux Contest website in a pattern, sequence, and format of Sponsor’s sole choosing which may or may not be varied or rotated one or more times during the Public Voting Period in Sponsor’s sole discretion. All Finalists will be identified on the official Friar Tux Contest website in the same manner.
By participating, Finalist agrees that the Submission as posted on the official Friar Tux Contest website may differ from his/her original Submission due to technological limitations, malfunctions, failures, errors or other reasons; and, Finalist agrees to release and hold harmless the Released Parties (as defined in Rule 8 below) from any and all liability in conjunction therewith.
Should Finalist wish to promote his/her Submission in an effort to generate votes for same, Finalist agrees to comply with the guidelines and content restrictions set forth in Rule 7 below. In addition, Finalist should include #Contest when promoting his/her Submission on social media so as to denote that he/she is participating in a promotional contest sponsored by Friar Tux.
The Grand Prize and Runner Up Prize winners will be determined by the Submissions with the most public votes during the Public Voting Period (as tabulated by Administrator, an independent judging agency) as listed below:
- One (1) Grand Prize will be awarded to the entrant whose submission received the most public votes.
- Two (2) Runner Up Prizes will be awarded to the entrants whose submissions received the second and third most public votes.
Sponsor may post vote totals and/or a leaderboard on the official Friar Tux Contest website at www.friartux.com/lovestory and/or elsewhere. Should Sponsor choose to do so, the stated vote total and/or ranking on a leaderboard is not in any way binding upon Sponsor or Administrator. As such, even if a given Finalist Submission has the most votes in the Public Voting Period and is ranked highest in the final leaderboard, such Finalist may not win the Grand Prize. THE POSTED VOTE TOTAL AND FINAL LEADERBOARD DO NOT CONSTITUTE A REPRESENTATION OF ANY KIND THAT A FINALIST HAS WON A GIVEN PRIZE AND ARE NOT A SUBSTITUTE FOR THE WINNER NOTIFICATION PROCEDURE SET FORTH IN RULE 8 BELOW.
In the event of a tie as to the number of public votes, the Sponsor will break the tie and determine the winner of the applicable prize based on an additional judge’s evaluation of the tied Finalist Submissions pursuant to the judging criteria set forth in Rule 4 above.
Use of any proxy or automated means or any other device or artifice to vote or affect the integrity of the public voting procedure is strictly prohibited. By way of example only, this includes accepting or offering any compensation or benefit of any kind for voting or not voting for a given Finalist Submission or disparaging any Finalist Submission. Should Sponsor or Administrator determine in their sole discretion that such conduct took place, Sponsor/Administrator will take what they in their sole discretion deem to be appropriate remedial action which may include deduction of votes from a given Finalist Submission, disqualification of a Finalist (and forfeiture of a prize in the Contest) and, in extreme cases, pursuit of legal sanctions/recourse against Finalists, voters and/or other persons engaged in such conduct.
One (1) Grand Prize: Grand Prize winner to receive a $4,500 Friar Tux Prize Package including seven (7) Friar Tux Rentals (each rental awarded as a Friar Tux Free Rental Certificate [one (1) non-transferable Friar Tux Rental Certificate made out to the winner and six (6) additional transferable Friar Tux Rental Certificates to be given out at winner’s discretion to six (6) individuals of winner’s choice]) redeemable for rental of a tuxedo, suit or any other items at any of its store locations with a maximum value of $200 with an expiration date three (3) years after issue date; if maximum value of Certificate is not used in a single transaction, such remaining value will be forfeited; use of Certificate is subject to terms and conditions stated thereon) and $3,100 Cash (awarded as a check made out to the winner from Friar Tux). Total Approximate Retail Value (ARV) of Grand Prize is $4,500.
Two (2) Runner Up Prizes: Each Runner Up Prize winner to receive one (1) Friar Tux Tuxedo or Suit to keep (awarded as a Friar Tux Free Tuxedo or Suit Certificate [one (1) non-transferable Friar Tux Tuxedo or Suit Certificate made out to the winner redeemable for a tuxedo or suit to keep from the "Retail Collection" at any of its store locations with a maximum value of $200 with an expiration date three (3) years after issue date; if maximum value of Certificate is not used in a single transaction, such remaining value will be forfeited; use of Certificate is subject to terms and conditions stated thereon). Approximate Retail Value (ARV) of each Runner Up Prize is $200. Total Approximate Retail Value (ARV) of all Runner Up Prizes is $400.
Total ARV of all prizes. $4,900.
7. SUBMISSION GUIDELINES AND CONTENT RESTRICTIONS
The engagement photo and/or caption element of your Submission may appear on Sponsor's official social media pages (including but not limited to Facebook, Instagram, Twitter and Pinterest) and/or website and/or press releases related to the Contest; but, such posting merely indicates that your Submission has been received by Sponsor and does not constitute any representation of Contest eligibility or selection as a finalist/ prize winner. In addition, should a Submission be posted (including Finalist Submissions posted for purposes of public voting as set forth in Rule 5 above), the Submission does not reflect the views/opinions of Sponsor and Sponsor (as well as Administrator) expressly disclaim any and all liability in conjunction with such posted Submission, including but not limited to any duty to monitor, screen or moderate material prior to the posting of same.
By entering your Submission, you agree that your Submission conforms to these Official Rules, including the Engagement Photo/Caption Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may choose not to accept your Submission and disqualify you from the Contest if it believes that your Submission fails to conform to these Official Rules (including the Guidelines and Restrictions) or is otherwise not in compliance with these Official Rules.
Engagement Photo/Caption Guidelines:
When including/identifying other persons in a Submission (including but not limited to entrant’s partner), the entrant represents and warrants that he/she has gotten their permission beforehand. Sponsor reserves the right to condition prize award upon a potential winner confirming that he/she secured such permission(s) from other person(s).
- The Submission must not contain material that violates or infringes another's rights, including intellectual property rights, or that constitutes copyright infringement;
- The Submission must not disparage Sponsor, its products/services, Administrator or any other person or party affiliated with the Contest;
- The Submission must not contain brand names or trademarks without permission, to the extent permission is necessary, other than those owned by (or licensed to) Sponsor, which entrant has a limited license to use in his/her Submission in this Contest (any other use of Sponsor's/applicable trademarks constitutes an actionable violation of Sponsor's (and perhaps third party) rights);
- The Submission must not include content not created by entrant, without permission, to the extent permission is necessary;
- The Submission must not contain material that is inappropriate, indecent, obscene, hateful, tortious, vulgar, obscene, pornographic, defamatory, slanderous or libelous;
- The Submission must not contain any personal identification, email addresses or street addresses;
- The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, marital or familial status, handicap/disability, sexual orientation, age or any other prohibited basis contained in applicable federal, state, or local fair lending or other laws;
- The Submission must not contain material that is irrelevant to the Contest theme of a true love story resulting in persons becoming engaged to be married, or unlawful;
- The Submission must not promote any activities that may appear unsafe or dangerous, or any political agenda or other cause;
- The Submission must not promote messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and
- Sponsor may (or may not) post a Submission in its sole discretion (except for the Public Voting phase of the Contest, as discussed in Rule 5 above).
Grant of Rights in Engagement Photo/Caption:
Entrant grants to Sponsor and its designees the non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicensable right and license to use, perform, exhibit, reproduce and/or otherwise exploit his/her Submission (that is, the engagement photo and caption; comprising the Submission) in any manner and in any and all distribution channels, venues or media now known or hereafter devised, without further notice or any compensation to entrant. Entrant waives any “Moral Right of Authors” (Droit Moral) in the Submission. Entrant further agrees, upon Sponsor’s request and without compensation, to produce and/or sign any and all necessary and appropriate documents so as to effect, perfect or record such license rights, including but not limited to a similar grant of rights in the Submission and/or waiver of “Moral Rights of Authors” in same from his/her partner. Entrant further expressly acknowledges that Sponsor and its designees do not owe him/her (and/or his/her partner) a duty of confidence (or fiduciary duty or the like) with regard to his/her Submission and that Sponsor and its designees have wide access to ideas, stories, designs and other literary/artistic materials submitted to them from outside sources or being developed by their own employees and that such ideas/stories/designs/literary/artistic materials may be competitive with, similar to (or even identical to) a person’s Submission (in whole or in part) and that Sponsor and its designees shall have no liability to entrant or any third party (including entrant’s partner) in conjunction therewith.
For the avoidance of doubt, a prize winner is the person who entered the winning Submission. Person(s) depicted/referenced in a winning Submission, but who didn’t enter the Contest themselves, will not receive a prize from Sponsor.
Limit one (1) entry/Submission per couple, per e-mail address during entire Entry Period. If more than one (1) entry is received from the same couple or e-mail address during the entire Entry Period, Sponsor will accept only the first entry/Submission received and will void all such additional entries/Submissions. (For the avoidance of doubt, an entry/Submission should be made by only one  member of a couple.) Repeated or egregious violations of the entry limit, as determined by Sponsor/Administrator in their sole discretion, will result in disqualification from Contest (with ALL entries/Submissions for both members of a couple being voided). Sponsor and Administrator are not responsible for lost, late, incomplete (including but not limited to omission of engagement photo or caption), invalid, unintelligible/garbled, corrupted, inaccessible or misdirected entries/Submissions, which are void and will be disqualified.
Standard message and data rates and/or other fees may apply when accessing websites via mobile device. You are advised to check your wireless carrier’s pricing plan before accessing the websites via mobile device. Not all mobile devices are compatible with or feature wireless Internet access; and, wireless Internet access may not be available in all areas.
All entries must be received by 11:59 p.m. PT on June 24, 2019. Receipt of entry may be acknowledged, but such acknowledgment does not constitute any representation as to eligibility or selection as a Finalist/ potential winner, nor is it otherwise binding upon Sponsor or Administrator. Posting of original engagement photo and caption do not constitute proof of receipt of same or proof of entry in the Contest. Entrant must be the registered and authorized account holder of the e-mail account through which the entry/Submission is made. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an internet service provider, or other organization (e.g., business, educational institution) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. In the event of a dispute as to ownership of an entry, entrant may be required to provide proof of ownership of the e-mail account used to enter the Contest. Entry/Submission may not be made by proxy or automated means such as by script, bot, macro or any other similar software or program.
Participation in the Contest constitutes permission from entrant for Sponsor and its designees to use entrant’s name (first and last), entry/Submission, voice, photo, likeness and/or other indicia of persona without notice or compensation for purposes of advertising, publicity and trade, unless prohibited by law. Further, participation includes the right to post Winner’s first name, last initial, and city of residence on the official Friar Tux Contest website at friartux.com/lovestory, and perhaps on other official Friar Tux social media pages. Entrant or Winner (as the case may be) agrees upon Sponsor’s request to use commercially reasonable efforts to secure a similar grant of rights from Entrant’s/Winner’s partner (i.e., the other member of the couple) without compensation.
8. PRIZE NOTIFICATION
Grand Prize and Runner Up Prize potential winners/Finalists will be notified via email and/or phone number approximately twenty-four (24) hours after conclusion of the Contest Judging Period (i.e., on/about June 28, 2019). If a potential winner does not respond within forty-eight (48) hours after the first notification attempt, such potential winner may be disqualified, and an alternate potential winner/Finalist may be selected.
Grand Prize and Runner Up Prize potential winners/Finalists will be required to sign, notarize and return within three (3) business days of notification: (1) a release relieving Sponsor and Administrator, and each of their respective parent companies, subsidiaries, affiliates, and the directors, officers, agents, attorneys, employees of any of the preceding organizations, other parties in any way involved in the offering or conducting of the Contest, Facebook, Inc. / Instagram, Twitter, Inc. and Pinterest, Inc. (collectively, the “Released Parties”), from any liability, claims, demands and cause of action for personal injury or death, and/or damage, theft, or loss suffered in connection with this Contest (collectively, the “Contest Claims”) or the acceptance, receipt, possession, use and/or misuse of the Grand Prize, Runner Up Prize or any portion thereof (as applicable); and where permitted by law, granting Sponsor and its designees the right to use the Grand Prize, and Runner Up Prize winner’s names, entry/Submission, voice and likeness for advertising, trade and publicity purposes without additional compensation or further notice; (2) an affidavit of winner’s eligibility and full compliance with these Official Rules; and (3) other legal or W-9 documents which the Sponsor may require (as applicable). Noncompliance with this requirement (failure to timely complete, sign and return the required documents) or inability of Sponsor to contact a potential winner/Finalist will result in prize forfeiture without compensation of any kind. In the event of prize forfeiture, an alternate potential winner/Finalist will be selected to replace the disqualified potential winner/Finalist. The alternate potential winner/Finalist will be selected from all remaining eligible entries / Submissions received based on the contest judging in rule 4 above. Any attempt to defraud Sponsor and/or Administrator in any way will result in disqualification of entrant; and, such entrant may be prosecuted to the fullest extent of the law. Limit one Prize per couple/ household/ family.
By entering the Contest in accordance with these Official Rules, entrants hereby agree to release and hold harmless the Released Parties from any Contest Claims, and to indemnify and hold harmless such Released Parties from any Contest Claims asserted by any third party.
Winners will be solely responsible for taxes on the entire value of prize. Grand Prize winner will be required to provide a completed W-9 form and receive a 1099 tax form for the approximate retail value of the Grand Prize. Without limiting the foregoing, all winners (regardless of prize won) agree to fully cooperate with Sponsor and Administrator with regard to any required governmental reporting of winner’s receipt of prize.
All prizes must be accepted as awarded. Any and all unspecified expenses involved in accepting and using prize are the winner’s sole responsibility. No prize substitution except that Sponsor, in its sole discretion, may award a substitute prize/prize element of comparable value if the advertised prize/prize element is determined by Sponsor in its sole discretion to be unavailable for any reason. (The preceding excludes the $3,100 cash element of the Grand Prize.) Friar Tux Free Rental Certificate and Friar Tux Free Tuxedo or Suit Certificate cannot be redeemed or exchanged for cash except as expressly required by applicable law. Prizes are not transferable except as otherwise indicated herein with the prior written consent of Sponsor which may be granted or withheld by Sponsor in its sole discretion, without liability of any kind. Prizes will only be delivered to a street address in the above-indicated counties of California and Nevada. All prizes will be awarded provided a sufficient number of eligible Submissions are received.
Sponsor’s computer will be the official clock for the Contest. Sponsor, Administrator, and their respective parent companies, subsidiaries, and affiliates, and their respective advertising, promotion or production agencies, are not responsible for technical, hardware, software or telecommunications malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the sender, or by any of the equipment or programming associated with or utilized in this Contest which may limit the ability to participate (including but not limited to defects/errors/malfunctions), or by any error which may occur in the entry process, voting process or the Contest. Without limiting the foregoing, Sponsor, Administrator, their respective parent and subsidiary companies and advertising/promotion/production agencies are not responsible for electronic communications/entries/votes/emails not received due to email filtering, virus protection or other protective devices/apparatus or any other cause, or content shared on Friar Tux social media platforms which cannot be accessed by Sponsor/Administrator due to filtering by or other operation of the functionality of the operators of the applicable social media platforms. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE, OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST, IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW (AND TO DISQUALIFY SUCH INDIVIDUAL FROM THE CONTEST IF APPLICABLE). If for any reason (including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the control of Sponsor, which corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Contest and renders the Contest incapable of being conducted as described in these Official Rules), Sponsor shall have the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest in whole or in part. In such event, Sponsor shall make the prizes available in a manner, determined by Sponsor in its sole discretion, to be fair, appropriate and consistent with the spirit of these Official Rules. Notice of such action by Sponsor will be posted at the official Friar Tux Contest website at www.friartux.com/lovestory.
10. GENERAL RULES
By entering the Contest, entrant agrees to be bound by these Official Rules and all decisions of Sponsor and Administrator (including but not limited to the tabulation of votes for Finalist Submissions), which are final and binding in all respects; and to release Released Parties from any and all liability whatsoever for any claims, costs, injuries, losses or damages of any kind (including, without limitation, related to personal injury, death, damage to property, infringement of proprietary rights, rights of publicity or privacy or defamation) and attorneys’ fees, whether or not in connection with litigation, including, but not limited to, any harm or loss caused by, contributed to, arising out of or related to entrant’s participation in this Contest or the acceptance, possession, receipt, use/misuse of any prize (if applicable). Sponsor makes no representation, warranty or guarantee as to any prize, including but not limited to its fitness for the intended purpose or merchantability, subject only to the express terms of any warranties provided by Sponsor on its rental items.
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any tampering, hacking, or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to, malfunctions, interruptions, or disconnections in phone lines, or network, computer, or Internet hardware, or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries/Submissions or votes; (5) the incorrect or inaccurate capture of entry/Submission, vote or other information, or the failure to capture, or loss of any information; (6) misdirected or undeliverable entries/Submissions or votes, typographical/other error in recording entries or votes, selection announcement or for any liability for damage to any computer system and/or mobile device resulting from participation in, accessing or downloading information or materials in connection with this Contest; or (7) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest, or receipt or use of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Contest (if feasible; and, if not feasible, the Released Parties shall not have any liability of any kind in conjunction with such deleted/ lost/ destroyed/ corrupted entry.) If for any reason a given person’s vote is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, the Released Parties shall not have any liability of any kind in conjunction therewith. No more than the stated number of prizes will be awarded.
The Contest is governed by the laws of the State of California (excluding its principles of conflicts of laws/choice of laws), with venue in Orange County, State of California and all claims must be resolved individually (NOT AS PART OF A CLASS OR REPRESENTATIVE GROUP) in the appropriate U.S. state and federal courts of Orange County, State of California. By participating, you agree to the exclusive jurisdiction of such courts and to waive any right to change of venue, inconvenient forum or the like. Sponsor’s failure to enforce any provision of these Official Rules shall not constitute the waiver of such provision. Should any provision of these Official Rules be determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, the invalid/illegal/unenforceable provision shall be replaced with a provision that most closely approximates the original intent of the provision and is valid, legal and enforceable; in addition, the invalidity/ illegality/ unenforceability of a given provision shall not affect the validity/legality/enforceability of the balance of these Official Rules.
11. RULES/WINNERS LIST REQUESTS
Official Rules (available during Promotion Period) and Winners List (available after August 8, 2019) will be available on friartux.com/lovestory until September 30, 2019.
Sponsor: Friar Tux, 1711 S. Claudina Way, Anaheim, CA 92805
Administrator: Vertical Marketing Network LLC, 15147 Woodlawn Avenue, Tustin, CA 92780
This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook, Instagram, Twitter or Pinterest.