SAN PEDRO FISH MARKET – 12 DAYS OF SHRIMP OFFICIAL CONTEST RULES
No purchase necessary to enter or win. Void where prohibited. The San Pedro Fish Market 12 Days of Shrimp Contest (“Contest”) is organized and operated by San Pedro Fish Market Enterprises, Inc., a California corporation (“SPFM”).
- Eligibility. This Contest is open to individuals who are legal residents of the United States who are at least 18 years of age when the Contest Period (defined below) opens and who have an Instagram account. There is no charge to establish an Instagram account.
- When and Methods to Enter the Contest. The Contest opens on December 9, 2020, at 4 p.m. Pacific Standard Time and end on December 20, 2020, at midnight Pacific Standard Time (the “Contest Period”). To enter the Contest, (1) post a photo and a short story using your own Instagram account describing your fondest memory celebrated over food; (2) tag San Pedro Fish Market in the post (Instagram.com/sanpedrofish); and (3) use hashtag #SPFMContestEntry and then #SPFMShrimpstakes in the caption. Qualifying photo and story (with the required tag and hashtags) must be posted during the Contest Period to constitute a valid entry into the Contest (“Entry”). Only one Entry per person. Chance of winning depends upon the number of valid eligible Entries.
- Contest Entry Requirements. By participating in this Contest, each person (“Entrant” or “you” or “your”) agrees to and will comply with the terms of these Official Rules. Entrant agrees that the decisions of SPFM as they relate to this Contest are final and binding. A Contest Entry must not:
- Infringe or otherwise violate the intellectual property rights of any third party, including copyrights, moral rights, patents, trademarks, design rights, trade secrets and rights of publicity;
- Include the trademarks of companies other than SPFM;
- Include the images or names of any individuals who do not consent to use of their name or likeness in the photo or story;
- Disclose or rely upon the confidential or proprietary information of a third party;
- Contain libelous, defamatory, disparaging or unlawful content;
- Invade the privacy or right of publicity rights of any person (living or deceased), or otherwise infringe upon a third party’s ff or proprietary rights;
- Violate any laws or regulations;
- Include sexually explicit subject matter;
- Depict or inspire violence, weapons or dangerous stunts;
- Depict discrimination, bigotry, harm or hatred;
- Promote activities that are illegal; or
- Be inconsistent with the family friendly atmosphere of the SPFM’s San Pedro Fish Market or its affiliated restaurants.
The above list is not exhaustive. SPFM may disqualify any Entry if the Entry includes content that SPFM, in its sole discretion, deems unsuitable for this Contest. SPFM reserves the right to reject or disqualify any Entry at any time, in its sole discretion, without incurring any liability.
- Winner Celebration Video. Unless prohibited by law, winner agrees that, on the day of the winner’s WORLD FAMOUS SHRIMP TRAY celebration, The Kings of Fish Family will visit with you, live via Zoom, with holiday wishes.
- Selection of Winner and Prize.
- One Entry will be selected by the Contest Judges as the potential winning Entry based on creativity, excitement and prominence that the food plays in the story. Extra bonus points awarded for celebrations that took place at San Pedro Fish Market, it is not required. To win, the Entrant must be eligible and must respond to notification by SPFM in a timely manner, including if requested to provide proof of eligibility and/or a signed right of publicity and liability release (unless prohibited by law).
- One prize will be awarded to one qualifying winner. The prize is one catered WORLD FAMOUS SHRIMP TRAY celebration meal from San Pedro Fish Market to feed 8-10 individuals. The retail value of the prize is $139.99. The WORLD FAMOUS SHRIMP TRAY may be scheduled for pick up through December 31, 2020, or delivered on selected dates to a location within a 5-mile radius from the San Pedro Fish Market Restaurant located at 1190 Nagoya Way, San Pedro, California 90731.
- The winner will be announced on the San Pedro Fish Market’s social media channels on or about Sunday, December 20 at 4 p.m. Pacific Standard Time.
- Winner may not substitute, transfer or assign the prize. Prize substitution only at SPFM’s sole discretion.
- The potential winner will be required to confirm in writing that the individual agrees to these Official Rules and eligibility when notified by SPFM that the individual has been selected as the winner. Potential winner may also be required to provide proof of eligibility and return a signed written release.
- The Contest Judges are individuals affiliated with SPFM who have extensive experience in the restaurant industry and/or individuals experienced in creative writing and photography.
- Entrants shall be solely responsible for expenses incurred to participate in the Contest. SPFM shall have no responsibility for any Entrant’s costs related to the Contest. Entrants also shall be solely responsible for any taxes, tariffs or other applicable governmental charges from any federal, state or local authority that may be due as a result of winning the prize.
- Notifying the Winner and Claiming a Prize. SFPM will notify the potential winner via the Instagram account to which the photo and story were posted. In response to the notice, the Entrant must provide SFPM with the Entrant’s name, email address and physical address, and must confirm the Entrant’s agreement to these Official Rules and confirm eligibility. If a potential winner does not respond and provide the required confirmations within seven (7) days of notification, is found ineligible, or does not comply with these Official Rules, such potential winner may be disqualified by SPFM, in its sole discretion, and the Contest Judges will select a replacement winner.
- Representations and Indemnification. Each Entrant represents and warrants that:
- The individual meets the Eligibility Requirements of Section 1;
- The individual’s Entry is wholly original, and is Entrant’s own creation; and
- The individual is the sole owner of all rights relating to that individual’s Entry, or has obtained all necessary rights, including all copyrights, moral rights, patents, trademarks, design rights, trade secrets and rights of publicity, for access to and use of the Entry by SPFM and Contest Judges or otherwise as contemplated in these Official Rules.
Each Entrant agrees to indemnify and hold SPFM harmless from any and all liability resulting from or arising from SPFM’s use of any Entry.
- Publicity. Each Entrant irrevocably agrees that, if it is identified as a potential winner or winner, the individual’s Entry may be publicized in whole or in part, or not at all, on SPFM’s website, social media channels, and through other marketing channels worldwide. In addition, Entrant agrees that SPFM may use the Entrant’s name, likeness, voice, image, photo or video (“Likeness”) worldwide for any purpose and in any manner in connection with the Contest, without compensation, notice or further consent, including in connection with a Kings of Fish winner’s celebration video.
- General Terms and Conditions.
- Rules. Entrants agree that SPFM shall have the sole right to establish and change the Official Rules and the operation of the Contest or award of the prize at any time and without notice or liability.
- Entry Disclaimers. SPFM shall not be responsible or liable for any incomplete Entry, and/or for any misdirected or invalid Entry due to transmission errors or corrupted data files, including without limitation, interruption or inability to access Instagram, problems with internet connectivity, firewalls, virus protection software or hardware devices, and/or Entries that are late, destroyed, lost, stolen, misdirected, tampered with, incomplete, deleted, or not in compliance with these Official Rules.
- Use of Entry. No Entries will be returned to Entrants. Except as expressly provided in these Official Rules, Entrant retains all rights to its Entry. .Entrant hereby grants SPFM a non-exclusive, worldwide, royalty free, transferable, sublicensable, perpetual and irrevocable license to copy, display, perform, distribute, create derivative works and otherwise use its Entry for any purpose related to the Contest, promotion of SPFM, or any other SPFM -related purpose.
- Sponsor. SPFM is the sole sponsor of this Contest. Instagram and Facebook are not Sponsors, are not administrators of this Contest, are not affiliated with SPFM, and do not endorse this Contest.
- Damage or Disruption. Any attempt to deliberately damage the Contest, defraud SPFM or Contest Judges, or tamper with or undermine the legitimate operations of the Contest may be a violation of civil and/or criminal laws, and responsible persons may be prosecuted or sued to the full extent permitted by law and will not be eligible for the prize.
- Cancellation. SPFM reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest should a virus, bug, non-authorized human intervention, fraud, or other cause beyond SPFM’s control corrupt or affect the administration, security, fairness or proper conduct of the Contest.
- Liability Waiver and Release. Entrant agrees that SPFM and its affiliates, their employees, officers, directors, agents or consultants, and the Contest Judges, and anyone acting on behalf of SPFM or the Contest in any way (“Released Parties”) shall have no responsibility or liability (including, but not limited to, liability for any property loss, damage, personal injury or death, as well as claims based on publicity rights, defamation, and/or invasion of privacy) in connection with this Contest, including the acceptance, receipt, possession, misuse, nonuse or use of the prize (or portion thereof); or any damage to Entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of Contest; even if caused by the negligence of the Released Parties. Entrant agrees that it will not be entitled to any compensation as a result of any Released Entity’s use of material that is similar or identical to its Entry. Entrant hereby waives all rights to claim irreparable injury, equitable relief, direct, indirect, punitive, incidental and/or consequential damages, attorney fees or any damages other than actual out-of-pocket costs incurred to enter the Contest. In no event shall the Released Parties’ aggregate liability under these Official Rules or in any way in connection with the Contest exceed US $100. Entrants agree to release all rights to bring any claim, action, or proceeding against the Released Parties.
- Choice of Law. These Official Rules shall be interpreted under the laws of the state of California. Choice of law rules of any jurisdiction will not apply to any dispute under these Official Rules.
- Dispute Resolution. If Entrant has any dispute regarding the Contest, Entrant must first give SPFM an opportunity to resolve the dispute by sending a written description of the dispute to SPFM at 1190 Nagoya Way, San Pedro CA 90731. SPFM and Entrant will negotiate Entrant’s dispute in good faith. If the dispute is not resolved within sixty (60) days after SPFM acknowledges receipt of Entrant’s description of its dispute, Entrant may pursue arbitration as described below.
- Binding Arbitration/Waiver of Class Action. Except as provided below and to the extent permitted by law, SPFM and Entrant (each a “Party” and together the “Parties”) agree that any dispute relating to the Contest that are not resolved by the dispute resolution process above may be resolved by binding arbitration to be held in the county of Los Angeles, California, in accordance with the Commercial Rules then in effect of the American Arbitration Association (“AAA”). The arbitration may only address an individual’s claims and may not be brought on a representative basis or on behalf of a putative class. The Parties will mutually agree on a single arbitrator. If the Parties cannot mutually agree, the arbitrator will be appointed by the AAA. The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court of competent jurisdiction. The Party that does not prevail shall pay all of the costs and expenses of such arbitration, and each Party shall separately pay its respective counsel fees and expenses. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in these Official Rules and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under these Official Rules, and each Party hereby irrevocably waives any claim to such damages.
- Identification of Winner. For the identification of the winner, please contact SPFM at email@example.com.
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We will NEVER release any of your personal information to outside parties.
WHAT INFORMATION DO WE COLLECT?
The information we gather from customers enables us to personalize and improve our services, and to allow our users to set up a user account and make purchases via the Site. We collect the following types of information from our customers:
- We collect information from you when you register on the Site, place an order, enter a contest or sweepstakes, sign up for our newsletter, respond to a survey or communication such as e-mail, or participate in another Site feature.
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HOW DO WE PROTECT VISITOR INFORMATION?
We implement a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. When you place orders or access your personal information, we use a secure server. All sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above.
DO WE DISCLOSE THE INFORMATION WE COLLECT TO OUTSIDE PARTIES?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice, except as described below. The term “outside parties” does not include San Pedro Fish Market suppliers. It also does not include website hosting partners and other parties who assist us in operating the Site, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our Site policies, or protect ours or others’ rights, property, or safety.
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