Contest Rules
NO PURCHASE NECESSARY. A PURCHASE OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility
Hardee’s® $5,000 College Fund Contest (the "Contest") is open only to: (i) legal residents of the following counties in the State of Kentucky: Anderson, Bath, Bourbon, Boyle, Breathitt, Casey, Clark, Clay, Estill, Fayette, Fleming, Franklin, Garrard, Harrison, Jackson, Jessamine, Knott, Knox, Laurel, Lee, Lincoln, Madison, Magoffin, Menifee, Mercer, Montgomery, Morgan, Nicholas, Owsley, Perry, Powell, Pulaski, Rockcastle, Rowan, Russell, Scott, Wayne, Whitley, Wolfe, or Woodford (excluding residents of all other counties in Kentucky and all other 49 States of the United States, including the District of Columbia, and Guam, Puerto Rico and all other U.S. territories and possessions), (ii) who are seventeen (17) years of age or older or the age of majority at the time of entry, (iii) have a minimum 2.5 cumulative grade point average (GPA) on a 4.0 scale at current educational institution at the time of entry, AND (iv) by December 31, 2021 are enrolled as a candidate for a degree at either: (a) a Kentucky college or university, or (b) a Kentucky eligible educational institution that either provides a program that is acceptable for full credit toward a bachelor’s or higher degree or offers a program of training to prepare students for gainful employment in a recognized occupation and is authorized under federal or Kentucky law to provide such a program and is accredited by a nationally recognized accreditation agency. INDIVIDUALS UNDER THE AGE OF MAJORITY IN KENTUCKY, MUST HAVE PERMISSION FROM THEIR PARENT/LEGAL GUARDIAN PRIOR TO ENTERING THE CONTEST AND SPONSOR RESERVES THE RIGHT TO CONFIRM SUCH CONSENT. The college or university, or vocational or technical school at which you will attend by December 31, 2021 must be located in the State of Kentucky, and charge students tuition for attendance. A Kentucky “eligible educational institution” is one whose primary function is the presentation of formal instruction, and that maintains a regular faculty and curriculum, and has a regularly enrolled body of students in attendance at the place where it carries on its educational activities and includes a college, university, vocational or technical school. Employees of Administrator/Sponsor Viamedia, Inc., or presenting sponsor Hardee’s Restaurants LLC or any of their respective affiliates, subsidiaries, advertising agencies, franchisees or any other company or individual involved with the design, production execution or distribution of the Contest and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible. The Contest is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant's full and unconditional agreement to these Official Rules and Administrator/Sponsor's decisions, which are final and binding in all matters related to the Contest. Winning the Grand Prize is contingent upon fulfilling all requirements set forth herein.
2. Administrator/Sponsor and Presenting Sponsor
Viamedia, Inc., 220 Lexington Green Circle, Suite 300, Lexington, KY 40503 is the Administrator and Sponsor of the Contest (the “Administrator/Sponsor”). The presenting sponsor of the Contest is Hardee’s Restaurants LLC (“Hardee’s”).
3. Contest Promotion Period
The Contest begins on November 1, 2021 at 12:00 a.m. Eastern Time ("ET") and ends on December 15, 2021 at 11:59 p.m. ET (the "Promotion Period"). Administrator/Sponsor's computer is the official time keeping device for this Contest.
4. How to Enter
To enter the Contest, during the Promotion Period (i) go to www.hardeessupportsstudents.com (the “Web Site”), (ii) completely fill out all the required fields on the entry form, including first and last name, complete home mailing address (no P.O. Boxes), daytime telephone number (including area code), date of birth, email address, and if a minor (i.e., 17 years of age), the full name, telephone number and email address of your parent or legal guardian (the “Entry Form”), (iii) within the designated fields on the Entry Form answer, in English, in traditional essay format and in 250 words or less for each question, the following two (2) questions: (a) “How would the Contest Grand Prize (i.e., the scholarship) help you achieve your educational goals,” and (b) “How have you impacted your local community” (the “Essay”), (iv) check the box to agree to the Official Rules, and (v) submit the Entry Form and the Essay by clicking the “submit” button on the Website. Consent from the entrant’s parent or legal guardian will be required for any entry by a minor. The Entry Form and the Essay are collectively referred to hereinafter as the “Entry” or “Entries”. ALL ENTRIES MUST BE RECEIVED BY 11:59 PM, DECEMBER 15, 2021. Limit one (1) Entry per person/email address/phone number. Multiple participants are not permitted to share the same email address. Entries by the same person in excess of the limits stated herein will be disqualified. Any attempt by any participant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that participant's plays and that participant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Administrator/Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected Entries, which will be disqualified. In the event of a dispute as to any Entry, the authorized account holder of the email address used to enter will be deemed to be the registrant or player. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winner may be required to show proof of being the authorized account holder. Entries will not be returned.
The Essay must be consistent with the image and reputation of Administrator/Sponsor and Hardee’s. Entries cannot be offensive, as determined by Administrator/Sponsor in its sole discretion and cannot: (i) include any third party trademarks, service marks, logos, or copyrightable subject matter or other materials not owned by you, the entrant, or used without the owner's express written permission, in a form acceptable to Administrator/Sponsor; (ii) use another person’s name, image, likeness, or other identifiable feature without such person’s express written permission, in a form acceptable to Administrator/Sponsor; (iii) include any celebrities or public figures; (iv) contain profanity, sexual content; content promoting alcohol, illegal drugs, tobacco, firearms, or weapons, hateful content of any kind (including racism, sexism, etc.), or that promotes violence or harm to another or any other offensive, obscene, or inappropriate content; (v) defame, misrepresent, or contain disparaging remarks about other people or companies, including, but not limited to Administrator/Sponsor; (vi) make threats of any kind, harass, bully or intimidate another; (vii) contain materials personifying the names, likenesses, photographs, or other identifying elements of any person, living, or dead without express written permission, in a form satisfactory to Administrator/Sponsor; or (viii) violate any applicable federal, state or local laws.
By submitting an Entry, you represent and warrant that: (i) your Entry and Essay comply with the Official Rules; (ii) you are the creator of the Essay; (iii) to the best of your knowledge, the Essay was not previously published or the winner of an award of any kind; (iv) the Essay does not infringe or violate the rights of any third party, including but not limited to, copyrights, trademarks, patents, trade secrets, logos, contract and licensing rights, rights of publicity or privacy, moral rights, or any other intellectual property rights; (v) the use, exhibition, or exploitation of the Essay by Administrator/Sponsor or Hardee’s will not require Administrator/Sponsor or Hardee’s to pay or incur any sums to any persons; and (vi) you obtained all permissions necessary in connection with the Essay and, upon request, will provide those permissions to Administrator/Sponsor in a form acceptable to Administrator/Sponsor. In the event any Entry does not comply with the foregoing, Administrator/Sponsor reserves the right to disqualify any such Entry.
5. Judging Criteria; Winner Selection
The winners of the Contest will be determined on or about December 21, 2021. Administrator/Sponsor’s Marketing and Promotions Team and Hardee’s shall select the winner of the Contest based on the following criteria: the Essay that best describes exemplary community service and commitment to academic excellence by the Entrant; overall creativity and originality of the Essay; and, the quality of the content, writing style, grammar and word count accuracy.
6. Winner Notification
On or about December 21, 2021, Administrator/Sponsor will notify the potential winner by email and/or telephone and send a potential winner notification to the potential winner by e-mail, using the information provided on his/her Entry. The potential winner must respond to the e-mail notification from Administrator/Sponsor and provide any contact information requested in the notification e-mail within five (5) days from the date the notification e-mail was sent by Administrator/Sponsor, or another potential winner may be selected. Failure to respond to the initial potential winner e-mail notification within five (5) days of notification or return of e-mail notification as undeliverable after three (3) attempts will result in disqualification. Upon so replying to Administrator/Sponsor, including with any requested contact information, the potential winner will be sent by postal mail at the mailing address on the potential winner's Entry Form an Affidavit of Eligibility, Release of Liability and Publicity Release, unless prohibited by law, and any other documentation that Administrator/Sponsor requires (the "Affidavit"). In order to redeem his/her Grand Prize, potential winner or, if the potential winner is a minor (i.e., 17) his/her parent or legal guardian, shall sign, have notarized, and return to Administrator/Sponsor the Affidavit within fourteen (14) days from the date Administrator/Sponsor sent the Affidavit, along with written verification of the winner’s eligibility and enrollment as a candidate for a degree at a Kentucky college or university, vocational, or technical school, as provided for in Section 1 of these Official Rules (“Enrollment Verification”), and a transcript depicting potential winner’s grades to verify the 2.5 cumulative GPA requirement (“GPA Verification”). An Enrollment Verification can be in the form of an acceptance letter, enrolled course of study or other documentation acceptable by Administrator/Sponsor that is from a Kentucky college or university, or a vocational or technical school. Potential winner must continue to comply with the eligibility requirements and the Official Rules at all times, including at the time the Grand Prize is awarded. In the event: (i) potential winner cannot be reached for whatever reason after a reasonable effort has been exerted based on the information stated in the Entry, (ii) of noncompliance with the above or within any of the aforesaid time periods, (iii) potential winner is found to be ineligible to enter the Contest or receive the Grand Prize, (iv) potential winner cannot or does not comply with the Official Rules, (v) potential winner’s prize notification or Affidavit is returned as undeliverable for whatever reason or not received, or (vi) potential winner fails to fulfill the Affidavit or Enrollment and GPA Verification related obligations, the potential winner shall be disqualified from the Contest and an alternate potential winner may be selected, at Administrator/Sponsor’s sole discretion, from among the other eligible entries received. Winner selection is under the supervision of Administrator/Sponsor, whose decisions are final and binding in all respects.
7. Grand Prize
TWO (2) Grand Prize winners will receive Five Thousand Dollars ($5,000.00), which shall be made payable by Administrator/Sponsor directly to the Kentucky college or university, vocational or technical school identified in the winner’s Entry after Administrator/Sponsor performs the Enrollment Verification and GPA Verification confirming winner’s enrollment with said college or university, vocational, or technical school and verifying the winner’s GPA. The proceeds from the Grand Prize must be applied toward “qualified education expenses,” which are expenses for tuition and fees required to enroll at or attend an eligible educational institution, and course related expenses, such as fees, books, supplies, and equipment that are required for the courses at the eligible educational institution. Qualified education expenses do not include the cost of room and board, travel, research, clerical help, or equipment and other expenses that are not required for enrollment in or attendance at an eligible educational institution or such other expenses as identified by the Internal Revenue Service. All Grand Prize proceeds must be applied to qualified education expenses; in the event there is any remaining amount or balance from the Grand Prize, such remaining amount or balance may be retained by the Kentucky college or university, vocational or technical school to use such remaining amount or balance for educational purposes. Grand Prize is non-transferable and no substitution will be made except as provided herein at the Administrator/Sponsor's sole discretion. Administrator/Sponsor reserves the right to substitute the Grand Prize for one of equal or greater value for any reason. Winner is responsible for all taxes, fees and expenses associated with Grand Prize receipt and/or use. ALL FEDERAL, STATE AND LOCAL TAXES ON THE GRAND PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. Winner may be sent an IRS Federal 1099-MISC tax form for the retail value of any prize at or above $600. No transfer, refund, substitution or replacement of Grand Prize permitted, except that Administrator/Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value (or cash equivalent). ARV of all prizes is in U.S. dollars. All prizes will be awarded within 1 year of receipt of valid and executed winners’ affidavit or prize confirmation. Any portion of the Grand Prize not accepted or unclaimed and/or unused by the winner will be forfeited and will not be substituted.
8. Entry Conditions and Release
By entering, each participant agrees to: (i) comply with and be bound by these Official Rules and the decisions of the Administrator/Sponsor and/or the Contest judges which are binding and final in all matters relating to this Contest ; (ii) release and hold harmless the Administrator/Sponsor, Hardee’s and each of their respective parents, subsidiaries, franchisees, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the "Released Parties") from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant's Entry, creation of an Entry or submission of an Entry, participation in the Contest, acceptance or use or misuse of Grand Prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry or any taxes, fees and expenses associated with prize receipt and/or use.
9. Publicity Release; Use of Personal Information
Except where prohibited or restricted by law, winner’s acceptance of Grand Prize constitutes the winner’s agreement and consent for Administrator/Sponsor and Hardee’s and each of their respective successors, assigns, transferees, licensees, and sublicensees to use, replicate, alter, adapt, modify, publish, broadcast, translate, produce derivative works from, distribute, present, play, and exercise all copyright and other intellectual property rights with respect to the winner’s full name, city and state of residence, Entry and Essay, photographs or other likenesses, pictures, portraits, voice, testimonials, biographical information (in whole or in part), and/or statements made by winner, worldwide, royalty-free and in perpetuity for any and all purposes, including, but not limited to, advertising, trade, syndication and/or promotion, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, cable, electronic, digital, social media, mobile media, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval, which rights winner acknowledges and agrees Administrator/Sponsor or Hardee’s can transfer, assign, license, and/or sublicense. By entering, entrants agree and consent to allow Administrator/Sponsor and Hardee’s and each of their respective successors, assigns, transferees, licensees, and sublicensees to use, replicate, alter, adapt, modify, publish, broadcast, translate, produce derivative works from, distribute, present, play, and exercise all copyright and other intellectual property rights with respect to the entrant’s full name, city and state of residence, Entry and Photos, photographs or other likenesses, pictures, portraits, voice, testimonials, and biographical information (in whole or in part), worldwide, royalty-free and in perpetuity for any and all purposes, including, but not limited to, advertising, trade, syndication, and/or promotion, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, cable, electronic, digital, social media, mobile media, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval to the extent permitted by law, which rights entrants acknowledges and agrees Administrator/Sponsor or Hardee’s can transfer, assign, license, and/or sublicense. In addition, winner and entrants will agree to transfer all rights, title, interests, and copyrights, and to waive any and all moral rights, in the Entries or Essays, and will execute any such documents as may be necessary to effectuate such a transfer or rights and waiver of moral rights, without further compensation.
10. General Conditions
Administrator/Sponsor reserves the right to modify, extend, suspend or terminate the Contest, including the Promotion Period, in its sole discretion, for fraud, technical failures or difficulties, human error or any reason that may affect the integrity or functioning of the Contest, and notice of any modification, extension, suspension or termination will be posted at www.hardeessupportsstudents.com. Administrator/Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Administrator/Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Administrator/Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
11. Limitations of Liability
The Released Parties are not responsible for: (i) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (ii) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (iii) unauthorized human intervention in any part of the entry process or the Contest ; (iv) technical or human error which may occur in the administration of the Contest or the processing of entries; or (v) 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 or misuse of Grand Prize. No more than the stated number of prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Administrator/Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
12. Disputes
Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, other than those concerning the administration of the Contest or the determination of winner, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate Kentucky State Court located in Fayette County, Kentucky; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' fees; and (iv) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Administrator/Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Kentucky, without giving effect to any choice of law or conflict of law rules (whether of the State of Kentucky or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Kentucky.
13. Entrant's Personal Information
By entering the Contest, entrants will be sharing their personal information with Administrator/Sponsor. Personal information collected by Administrator/Sponsor will be shared with Hardee’s and used by Administrator/Sponsor and Hardee’s in connection with the administration of the Contest and/or selection of the winner. In addition, by entering, entrants and the winner agree to Administrator/Sponsor’s use of their personal information as described in Administrator/Sponsor’s privacy policy at ./privacy.html. Please refer to Administrator/Sponsor’s privacy policy for important information regarding the collection, use and disclosure of personal information by Administrator/Sponsor. And, by entering, entrants agree to Hardee’s use of entrant’s and winner’s personal information as described in Hardee’s privacy policy at http://www.hardees.com/privacy. Please refer to Hardee’s privacy policy for important information regarding the use of personal information by Hardee’s.
14. Winner’s List
To receive a list of the winner after December 23, 2021, by mail send a self-addressed envelope, with applicable U.S. send a hand-printed, self-addressed, stamped envelope to Winners List - Hardee's® $10,000 College Scholarship Contest, c/o Viamedia, Inc., 220 Lexington Green Circle, Lexington, KY 40503. Requests for the winner list must be received by June 21, 2022.