1. NO PURCHASE NECESSARY TO ENTER OR WIN. The Publix PreventionPlus Contest (the “Contest”) is sponsored by Publix Super Markets, Inc. (“Publix”). Contest is only offered in Florida, Georgia, North Carolina, South Carolina, Alabama and Tennessee (the “Contest Area”). Void outside the Contest Area and where prohibited. Contest is subject to all federal, state and local laws. By participating, you (or your parent/guardian if you are a minor) agree to be bound by these Official Rules, that Publix shall be entitled to interpret these Official Rules as needed and that all of its decisions are final.
2. Contest begins on July 1, 2016. Entry deadline is August 14, 2016 at 11:59 p.m. Eastern Time (“ET”). Judging to determine potential winners will be concluded no later than August 18, 2016. Publix’s computer is the official time-keeping device for this Contest. For these official rules, announcements, necessary forms, and additional information, please visit Publix News Online at https://blog.publix.com/news (the “Contest Page”).
3. Eligibility: To participant, you must be a Publix associate (minors must have parent/guardian permission to enter) and a legal United States resident living in the Contest Area (above). Individuals who are directly involved in the judging or administration of the Contest are not eligible to enter or win.
4. Important: This Contest is completely voluntary and should be worked on at home. You will not be paid for the use of your entry or the time or resources used to create it. Winners will not be paid for the use of the winning Submissions (defined below) and will be required to sign releases (see below in verification section).
5. Category Prizes: (2): PreventionPlus prize pack consisting of Publix-branded attire. Approximate Retail Value: Up to $100. Winning Submissions may be used to inspire a future PreventionPlus poster.
6. Prize Restrictions: The opportunity to inspire a future Publix poster has no cash value and is subject to the sole discretion of Publix, who may decide to use the winning Submissions in the distant future, in unrelated materials, or not at all. Winner’s sole prize is the PreventionPlus prize pack described above.
7. Gift card prize components (if any) are subject to all terms and conditions thereon as well as any additional limitations or restrictions imposed by issuer. All prize details shall be at Publix’s sole discretion. Each winner (or his or her parent/guardian, if a minor) assumes sole responsibility for all expenses and incidental costs associated with the prize not explicitly outlined above. Prizes are not redeemable for cash and may not be sold, bartered or auctioned. The right to receive any prize is not transferrable. Any prize or portion thereof not used or accepted by any winner is forfeited and no cash or substitute will be offered or permitted, unless required by law. Prizes may not be substituted except that Publix in its discretion may substitute a prize, or portion thereof, with a prize or portion of equal or greater value if it deems necessary. Any such changes will be announced. Prizes offered are provided “as is” with no warranty or guarantee either express or implied by Publix. Merchandise prizes or prize components carry no warranty other than that offered by manufacturers. Publix has neither made nor is responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Other restrictions apply.
8. Entries will be accepted beginning July 1, 2016 at 12:01 a.m. ET and ending August 14, 2016 at 11:59 p.m. ET (the “Entry Period”). To enter, follow each of these steps:
a. Step 1 – Create: Create a PreventionPlus poster, poster element or poster idea (your “Work”) that reflects either of the following themes: increasing safety awareness or reducing shrink and satisfies all Submission Requirements (below);
b. Step 2 – Write Out Entry Info: Legibly write out or type your full name, job title, store number or work location, personnel number, category (Safety or Shrink) and a little background on how you came up with the idea (together with your Work, a “Submission”); and
c. Step 3 – Submission: Forward your Submission by either e-mailing it to Corporate.firstname.lastname@example.org or by mailing it to Publix PreventionPlus Contest, Attn: Allyse Dempsey, Loss Prevention, P.O. Box 407, Lakeland, Florida 33802-0407 for receipt during the Entry Period.
You may enter as often as you like, but each Submission must be submitted separately.
9. If your Submission fails to provide any required information, you may be disqualified without further notification by Publix. Publix is not responsible for Submissions that are lost, misdirected, garbled, distorted, truncated, incomplete, illegible, incorrect or late for any reason, and all such Submissions are void. Submissions may not be returned or acknowledged.
10. Your Submission must comply with the following “Submission Requirements”:
a. Each Submission must be original to you (not copied, adapted, or reproduced from any other source and not collaboration with any other person). In other words, only the person who took or created the Submission is permitted to submit it in this Contest.
b. No watermarks, signatures, or copyright notices may be added to any Submission.
c. No other identifiable individuals or celebrities, whether or not currently living, may be depicted in any Submission.
d. Your Submission must not depict any identifiable brand names, trademarks, logos or trade names other than those belonging to Publix.
e. No foul language, nudity or other states of undress, graphic or violent content, or any violation of third party intellectual property rights may be depicted in any Submission.
f. Submissions must not depict any content that is inappropriate, lewd, pornographic, obscene, indecent, hateful, tortious, illegal, defamatory, slanderous, libelous, false, or disparaging, or that invades any person’s privacy or other rights, or that promotes or advocates drug use, bigotry, racism, hatred, or harm against any group or individual, or that promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.
11. Entrants’ License: By entering, you (or your parent or guardian on your behalf if you are a minor) expressly grant to Publix the right in its sole and absolute discretion, to publish your Submission (defined above) on Publix’s websites, including www.publix.com and the Contest Page, social media channels or platforms and/or in Contest-related communications or campaigns, in any media known or that may be invented in the future, without further compensation to you.
12. Winners’ License: By accepting a prize, winners (or their respective parents or guardians if minors) expressly grant to Publix (and to those acting on Publix’s behalf) a non-exclusive, perpetual, irrevocable, world-wide royalty-free license (and waive all moral rights in and to your Submission) to display, reproduce, distribute, publish, perform, edit, otherwise use your Submission for advertising and promotional purposes, including its display on Publix’s websites, including www.publix.com and the Contest Page, and its social media channels or platforms, and you (or your parent or guardian if you are a minor) agree to sign documents memorializing such rights. For clarity, Publix has the right (but not the obligation) to publish any winning Submission on Publix’s websites and/or social media channels and as Publix otherwise so chooses.
13. Entrants’ Warranty: By entering, you (or your parent or guardian on your behalf if you are a minor) warrant that (a) you are legally entitled to submit the Submission in the Contest, (b) the Submission does not infringe any third party rights, and (c) the Submission complies in all respects with the Official Rules and you (or your parent or guardian on your behalf if you are a minor) agree to indemnify and hold Released Parties (defined below) harmless from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by you of these Official Rules or the warranties and/or representations made by you pursuant to these Official Rules.
14. Publix may disqualify any Submission that it determines has violated the Official Rules (including the Submission Requirements), or is otherwise unsuitable, offensive, or in poor taste, at any time, even if it has already been submitted for judging or scored. You (or your parent or guardian on your behalf if you are a minor) agree that Publix has the sole discretion to decide whether any Submission satisfies these Official Rules and that its decisions are final. In the event that any claim of unauthorized use of any content contained within any Submission is made to Publix by any third party, Publix reserves the right to immediately terminate access to and disqualify the Submission. WITHOUT LIMITING THE FOREGOING, PUBLIX RESERVES THE RIGHT TO REJECT, REMOVE AND/OR DISQUALIFY ANY SUBMISSION IT DEEMS, IN ITS SOLE, SUBJECTIVE DETERMINATION, TO BE INAPPROPRIATE WITHOUT ANY OBLIGATION TO ENGAGE IN ANY COMMUNICATION, COMMENT OR DISCUSSION ABOUT ANY SUCH SUBMISSION OR ANY DECISION TO REMOVE, REJECT AND/OR DISQUALIFY SUCH SUBMISSION. ALL DECISIONS OF PUBLIX ARE FINAL.
15. Judging of Submissions: Beginning on August 15, 2016 and ending no later than August 18, 2016 (the “Judging”), all timely and properly submitted Submissions will be judged by a panel of qualified judges consisting of PreventionPlus Creative Support Team members (the “Judges”), based on the following selection criteria: relevance to theme (i.e., accuracy of topic and subject matter), creativity, and effectiveness of communication. Subject to verification of eligibility, the entrant in each Category (“Safety” and “Shrink”) whose Submission receives the highest score during the Judging will be declared a winner. Publix reserves the right to select fewer than the stated number of winners if it does not receive an adequate number of timely and properly submitted Submissions. In the event of a tie, the tied Submissions will be re-judged by the Judges or by a new panel of Judges until the tie is resolved.
16. Publix will contact each potential winner using the information supplied by winner on his or her entry form. Each winner may be required (or if a minor, his or her parent/legal guardian may be required) to sign an affidavit or declaration of eligibility, liability waiver, publicity release (where legal), tax forms and/or other legal documents and to provide such documents to Publix within thirty (30) days after initial notification and as a condition of receiving prize. Publix in its sole discretion may allow for transmission of verification documents via fax or e-mail.
17. In the event that any potential winner (a) cannot be contacted directly by, or does not respond to, Publix within any provided deadline, (b) fails to satisfy any eligibility or verification requirement herein, (c) declines to accept the prize, or (d) is otherwise determined to be ineligible, Publix in its discretion may disqualify that individual and an alternate winner will be selected in accordance with previously described method as soon as reasonably practicable after such disqualification. Alternate winners are subject to all eligibility requirements and restrictions of these Official Rules.
18. Publix may, in its sole discretion, post the verified winners’ names on any of Publix’s websites, including Publix News Online and www.publix.com, or in any of Publix’s social media pages or channels. By accepting a prize, each winner agrees (or if a minor, his or her parent or legal guardian agrees on his or her behalf) to award Publix the right to publicize his or her name, photographs (including the use and appearance of his or her photograph on Publix’s websites), likeness, biographical information, e-mail address, voice and details of winning and/or participation for purposes of this and future promotions without further compensation, except where prohibited.
19. By entering or accepting a prize, you (or your parent/guardian if you are a minor) agree that Publix, any other company involved in the development or administration of this Contest, the Judges, and a range of subsidiaries, agencies, affiliates, franchisees, promoters, prize suppliers, directors, officers, employees, agents and related persons (collectively, the “Released Parties”): (a) are not responsible for technical failures of any kind, including but not limited to lost, disconnected, interrupted, or unavailable network, server, or other connections, late, lost, undeliverable, damaged or stolen mail, or for any failed telephone or computer hardware or software, or for any failed, delayed, misdirected, corrupted, or garbled transmissions or errors of any kind, whether human, mechanical, or electronic, or for Submissions that for any reason are not properly submitted or received by Publix by any deadline stated above; (b) are not responsible for any incorrect or inaccurate information, whether caused by entrants, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest or in the printing of this offer, administration of this Contest, Judging, or in the announcement of the winners or prizes; (c) are not responsible for any injury or damage to any computer, modem or other electrical device as a result of participation in this Contest or downloading of any software or materials; (d) are not responsible for unauthorized human intervention in any part of the Contest; (e) are not responsible for any unauthorized third party use of any Submissions; (f) are not responsible for the inability to select winners because of postal failure, equipment failure, or data storage failure; and (g) are not responsible for any printing, typographical, technical, computer, network or human error that may occur in the administration of the Contest, the acceptance and judging of Submissions, the selection of winners, the prizes or otherwise in any Contest-related materials.
20. RELEASED PARTIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RELEASED PARTIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES OR WARRANTIES MADE OR OFFERED BY ADVERTISERS, PARTNERS, MANUFACTURERS OR SUPPLIERS, INCLUDING THOSE RELATED TO ANY PRIZE. UNDER NO CIRCUMSTANCES SHALL RELEASED PARTIES BE HELD RESPONSIBLE OR LIABLE FOR YOUR USE OF THE INFORMATION AND/OR PRODUCTS PROVIDED AND/OR MADE AVAILABLE THROUGH THE CONTEST OR FOR ERRORS OR ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS PARTICIPATION, AWARD OF ANY PRIZE OR OTHER BENEFITS UNDER THESE OFFICIAL RULES. RELEASED PARTIES OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES THAT THE CONTEST OR RELATED WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE CONTEST.
21. By entering or accepting a prize, you (or your parent/guardian if you are a minor) agree to release and hold Released Parties harmless from any and all alleged, existing, or future actions, claims, and/or liabilities of whatever nature including, but not limited to, personal injury, bodily injury (including, without limitation, wrongful death and disability), property damage, and expense (including, without limitation, reasonable attorneys’ fees) and loss or damage of any other kind, relating to or arising from, in whole or in part, directly or indirectly, (a) your participation or inability to participate, in the Contest or any Contest-related or prize-related activity; (b) the use by Released Parties (including modification, adaptation, and reproduction) of any Submissions during or after the Contest; (c) the delivery, acceptance, possession, redemption, use, misuse, loss, or misdirection of any prize; and (d) any other claim or cause of action you may have against any Released Party.
22. BY ENTERING OR ACCEPTING A PRIZE, YOU (OR YOUR PARENT/GUARDIAN IF YOU ARE A MINOR) FURTHER AGREE THAT (A) 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; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THE CONTEST, BUT IN NO EVENT ATTORNEYS’ FEES; AND (C) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND YOU (OR YOUR PARENT/GUARDIAN IF YOU ARE A MINOR) HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED AND ANY OTHER DAMAGES OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES.
23. SOME STATES DO NOT ALLOW LIMITATIONS ON THE ABILITY TO PURSUE CLASS ACTION REMEDIES, OR ON CERTAIN KINDS OF DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
24. Publix reserves the right to cancel, suspend or terminate this Contest, or any part thereof, in the event that Publix determines, in its sole discretion, that the security, administration, fairness and/or operation of the Contest has been corrupted or impaired by any non-authorized intervention, network failure, information storage failure, telecommunications failure, malfunction, or any other cause beyond Publix’s control. In such an event, Publix will post notice of same at the Contest Page and select the winners in accordance with the previously described method or in such other manner as Publix, in its sole discretion, deems fair and appropriate under the circumstances. Publix reserves the right to disqualify any individual from further participation in the Contest if Publix concludes, in its sole discretion, that such person (a) has attempted to tamper with the entry process or other any operation of the Contest, (b) has repeatedly disregarded or has attempted to circumvent these Official Rules, or (c) has acted towards Publix or any other entrant in an unfair, inequitable, deliberately annoying, threatening, disrupting or harassing manner. Any failure by Publix to enforce any of these Official Rules shall not constitute a waiver of such Official Rules.
25. All activity arising out of and relating to the Contest, including any reference to the status of any person as a “winner” is subject to verification and/or auditing for compliance with the Official Rules. If Publix determines, in its sole discretion, that verification or auditing activity evidences non-compliance of any Submission and/or entrant with the Official Rules, Publix reserves the right to disqualify such Submission and/or entrant from the Contest and any prize at any time. Publix reserves the right to conduct a background check on any or all potential winners and to disqualify any individual based on such background check if Publix determines in its sole discretion that awarding a prize to any such individual might reflect negatively on Publix. Each entrant (or his or her parent/guardian, if a minor) agrees to cooperate with Publix and its representatives in connection with any and all verification, auditing and/or background check activities.
26. Publix reserves the right to correct typographical, printing or clerical errors in any Contest-related materials. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Publix reserves the right to award only the stated number of prizes from among all legitimate, un-awarded, eligible prize claims in accordance with the previously described selection method.
27. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants or Released Parties in connection with the Contest, shall be governed by Florida law, without giving effect to any choice of law rules that would cause the application of the laws of any jurisdiction other than Florida. By entering, accepting a prize and/or otherwise participating in the Contest, you (or your parent/guardian if you are a minor) expressly (a) agree that any legal proceedings arising out of or relating in any way to this Contest or these Official Rules shall be brought only in the federal or state courts located in Hillsborough County, Florida, and (b) consent to the mandatory and exclusive jurisdiction in such courts with respect to any such legal proceedings.
28. In the event of any discrepancy or inconsistency between any terms or conditions of these Official Rules and any disclosures or other statements contained in any other Contest-related materials, the terms and conditions of these Official Rules shall prevail, govern and control. In the event that any provision of these Official Rules is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
29. For a copy of the Official Rules or the final Winners’ List, visit the Contest Page or www.publix.com or mail a SASE to: Publix PreventionPlus Contest c/o Loss Prevention, P.O. Box 407, Lakeland, Florida 33802-0407, specifying either “Winners’ List” or “Official Rules.” Winners’ List will be available after September 19, 2016.