There is no dream or no goal too big! Make a video of yourself and tell Chip about your dream, and he just might make it happen. Launch a business, learn a new skill, climb a mountain - anything you're passionate about is an option! Submit your dream up until October 10th at 10:59 a.m. for the chance to get your goals off the ground.
2017 CHIPSTARTER OFFICIAL RULES
Entry in the “2017 Chipstarter Contest” (the “contest”) constitutes acceptance of these Official Rules.
1. SPONSOR: Magnolia Market, LLC, 601 Webster Avenue, Waco, Texas 76706 (the “Sponsor”), is solely responsible for all aspects of the Contest. This Contest is in no way sponsored, administered, endorsed, or affiliated in any way by facebook®, Twitter or any other social media outlet.
2. ELIGIBILITY: The Contest is open to any natural person (an “Entrant”) who (a) is a legal resident of the United States as of the date he/she submits a Submission; (b) is at least 18 years old on the date of submitting a Submission; (c) is not on the US Bureau of Industry and Security’s Denied Persons or Entity Lists, is not on the US Treasury Department’s list of Specially Designated Nationals, and is not on the US Department of Commerce’s Table of Denial Orders; and (d) complies with the Entry Requirements in Paragraph 4 below, and all other terms of these Official Rules. Officers, directors, shareholders, members, managers, partners, employees, agents, and representatives of Sponsor, and its parent companies (if any), subsidiaries, affiliates, successors, assigns, and members of their immediate families (parents, siblings, children and spouses, regardless of where they live), and those persons living in the same household with such persons, whether related or not, are ineligible to enter. Finalists and Grand Prize Winners will be required to sign an Affidavit of Eligibility, Liability Release and, unless prohibited by law, Publicity Release. Sponsor reserves the right to verify the eligibility of the winner.
3. ENTRY PERIOD: The Contest begins at 10:00:00 a.m. Central Time (“CT”) on September 29, 2017 and ends at 10:59:59 a.m. CT on October 10, 2017 (the “Submission Period”).
4. ENTRY REQUIREMENTS. There is NO PURCHASE NECESSARY to participate. A purchase does not increase your chances of winning. Entrants shall enter the Contest by submitting a video no more than two (2) minutes in length pitching their “dream” (a “Submission”) at the Contest website located at https://chip-starter.com (the “Contest Website”) during the Submission Period and completing an entry form with the following information for the Entrant (a) brief explanation of the dream achievement or goal, (b) full legal name, (c) email address, (d) city and state of residence, (e) phone number, and (f) an acknowledgment and acceptance of the Official Rules. Limit one (1) entry per person, per e-mail address, and per household. Submissions will not be acknowledged or returned. Submissions must be in English, must be original and must not infringe on third-party rights. The order and visibility of the Submissions does not impact a participant’s likelihood of winning, as all entries validly submitted during the Submission Period will be assessed in accordance with these Official Rules. If duplicate Submissions are received from the same person during the Submission Period, only the first Submission will be considered valid. Any Submission submitted during the Submission Period that are copied from another participant, or are substantially similar to an earlier Submission, will be disqualified.
Sponsor will not accept certain categories of Submissions, such as Submissions relating to medical procedures and leisure vacations.
By uploading a Submission in the Contest, the Entrant represents that the entire Submission meets the following additional requirements:
Sponsor’s determination of what constitutes said conditions shall be final.
Sponsor reserves the right to disqualify a Submission at any time, in Sponsor’s sole discretion.
Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Contest.
5. LIMITATIONS. Sponsor is not responsible for late or incomplete Submissions, nor responsible for any Submission not actually received due to improper transmission. Similarly, Sponsor does not have any obligation to advise Entrant of an incomplete Submission. Sponsor assumes no responsibility or liability for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Contest: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any email transmissions to be sent or received; lost, late, delayed or intercepted email or mail transmissions; inaccessibility of the Contest Web Site; traffic congestion on the Internet or the Contest Web Site; unauthorized human or nonhuman intervention in the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Contest.
6. DISQUALIFICATION. Without limitation, an Entrant may be disqualified, at Sponsor’s sole discretion, if (a) Entrant has a pending arrest or conviction for a felony or misdemeanor involving moral turpitude, (b) Entrant is subject to a restraining order; (c) Entrant fails to meet the Entry Requirements in Paragraph 4; or (d) Entrant violates or fails to comply with these Official Rules.
7. ENTRANT REPRESENTATIONS, WARRANTIES & GRANT OF RIGHTS. By submitting a Submission, each Entrant acknowledges and understands that the Submission may be posted, reproduced, distributed, publicly displayed, and otherwise used for commercial, promotional and/or non-promotional activities by Sponsor as they see fit in their sole discretion. Entrant represents and warrants that the Submission: (a) is an original work of Entrant, and that it is not subject to any contractual restrictions; (b) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; and (c) with respect to the Submission: (i) the Entrant has obtained written permission from each person whose name, image, voice, likeness and other personal attributes and biographical information are embodied and/or used in the Submission or the creation of the Submission, and (ii) publication and all other uses of the Submission will not infringe the rights of any third party. Entrant agrees that Sponsor may run a background investigation on the Entrant, and Entrant agrees to sign and deliver to Sponsor such documents, including without limitation, a background questionnaire, as Sponsor may reasonably require to effectuate the rights granted herein.
As a condition of entry into the Contest, except where prohibited by law, each Entrant grants to Sponsor and its affiliates all right, title and interest in, to publicize, broadcast, display and/or otherwise use, the Contest participant’s name, city, state, and biographical material, image, and any other content submitted in relation to the Contest (collectively, “Licensed Rights”) in any media for advertising and publicity purposes, without additional review, compensation, or approval by the Entrant. As a further condition of entry into the Contest, each Entrant grants to Sponsor and its affiliates a worldwide, royalty-free, non-exclusive, perpetual license to display, reproduce, distribute, prepare derivative works of, and otherwise use all or any portion of such Entrant’s Submission, in any media and for any purpose, without additional review, compensation, or approval by the Entrant.
Each Entrant acknowledges and agrees that each Submission is submitted for the Contest on a an entirely voluntary basis and any idea expressed in a Submission transmitted in connection with the Contest will not be treated as confidential and may be published in a manner accessible to the public. Each Entrant further acknowledges that he or she has read, understands and agrees to the terms below:
8. PRIZE. The prize (“Prize”) consists of the following:
Each Finalist’s stay at the hotel is subject to the hotel’s standard terms and policies. By accepting the Prize, each Finalist agrees that the Finalist and his/her guest shall not do anything, either when staying at the hotel or otherwise in connection with the Contest, that might bring into disrepute, scandal or ridicule, or reflect unfavorably on the Sponsor.
The Prize is non-transferable and non-refundable. The Prize may not be redeemed for cash except at the Sponsor’s option. The Sponsor reserves the right to substitute the Prize (or portion thereof) of equal or greater value if the advertised Prize (or portion thereof) becomes unavailable, but otherwise no substitutions shall be given.
The Sponsor is not responsible if the trip is delayed, postponed or cancelled for any reason and no Finalist will be reimbursed for any such delay, postponement or cancellation. By accepting a Prize, each Finalist agrees to abide by any terms, conditions and restrictions required by the suppliers of the Prize elements.
Accommodation and transportation are all subject to availability. Each Finalist and his/her guest must travel on the same itinerary and on the same dates. Selection of the Hotel shall be at the discretion of the Sponsor.
Air transportation shall be by coach (economy) class round-trip from a major gateway to Waco, Texas, and all such travel arrangements will be made by a designated representative whose decisions regarding the itinerary are final and binding. Selection of airline and airport shall be at the discretion of the Sponsor. Each Finalist and his/her guest must have valid travel documents to fly and to check in to a hotel (e.g., government issued I.D., passport, major credit card, etc.) along with any other travel requirements in order to travel prior to departure, and failure to do so may result in forfeiture of the Prize. Each Finalist and his/her guest are solely responsible for satisfying all legally required conditions of travel. The Sponsor is not liable for any expenses incurred as a consequence of flight cancellation or delay or any weather or airline issues that prevent a Finalist and his/her guest, if applicable, from traveling, in which event any missed portion of the Prize is forfeited in its entirety and no substitution will be provided.
All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation, meals, incidentals, gratuities, passenger tariffs or duties, airline fees, surcharges, airport fees, service charges or facilities charges, personal charges at lodging, security fees, taxes, insurance or other expenses are the sole responsibility of each Finalist. The Sponsor will not replace any lost, mutilated, undeliverable, returned, refused or stolen tickets or passes. Each Finalist is responsible for any and all applicable local, state, and/or federal taxes.
9. JUDGING CRITERIA. A committee comprised of select Sponsor employees and Chip Gaines (the “Selection Committee”) will choose a group of Finalists from among the entries received throughout the contest. Creativity is encouraged. The Selection Committee will be looking for people who have an idea or dream and the potential to turn that idea or dream into a reality if provided with sufficient funding. Other factors which can strengthen your Submission include: Strength/scope of the idea or dream, authenticity of the idea or dream, originality, and practicality of the idea or dream (with proper and reasonable funding).
10. SELECTION OF WINNERS; NOTIFICATION. On or about October 10, 2017 (after the Submission Period has ended), the Selection Committee shall choose at least two (2) potential Finalists from all eligible Entrants. Sponsor will notify each potential Finalist by contacting such potential Finalists using the contact information provided by such Entrants when completing the entry form, and each Entrant hereby consents to Sponsor contact in such manner to notify the Entrant if he/she is a potential Finalist.
As a prerequisite for receiving a Prize, each potential Finalist must be willing and able to fly to Waco, Texas to participate in final interviews on the dates described in Section 8 and will be required to sign (a) an Affidavit of Eligibility; (b) an Agreement of Publicity (granting the Sponsor the right to use the name and image of the Finalist and guests for advertising and promotion purposes, except where prohibited); (c) a liability release; and (d) a form W9, Taxpayer Request for Identification (U.S. Winners only), and return each of the properly executed documents to the Sponsor within Twenty Four (24) hours of attempted notification. A potential Finalist who satisfies all the Contest requirements, including, without limitation, those set forth in this paragraph, will be designated a Finalist.
Chip Gaines will bring all Finalists on stage one at a time at the Magnolia Silobration Event in front of the event attendees to conduct a final interview and will then select one (1) Grand Prize Winner each night of the Silobration Event. Each Finalist will only be interviewed one time at the Silobration Event – either on Friday, October 13, 2017 or Saturday, October 14, 2017. Sponsor shall have the sole discretion to determine the day each Finalist will be interviewed by Chip Gaines.
Sponsor’s decisions are final and binding on all matters related to the Sweepstakes. By participating, Entrants agree to be bound by these Official Rules and the decisions of the judges, which are final and binding in all respects. Odds of winning depend on the total number of eligible Submissions received during the Submission Period.
12. DISCLAIMER. EACH PRIZE IS AWARDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.
13. INDEMNIFICATION. ENTRANT SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS SPONSOR AND ITS PARENT COMPANIES (IF ANY), SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS; AND EACH OF THE RESPECTIVE FOREGOING’S PAST, PRESENT AND FUTURE OFFICERS, DIRECTORS, OWNERS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, PRINCIPALS, CONTEST JUDGES, EMPLOYEES, AGENTS AND REPRESENTATIVES, FROM AND AGAINST ALL CLAIMS, LIABILITIES, LOSSES, DAMAGES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES AND COURT COSTS) ARISING OUT OF RELATING TO ANY ACTUAL OR CLAIMED INFRINGEMENT OF ANY INTELLECTUAL PROPERTY, PROPRIETARY OR CONTRACTUAL RIGHT OF ANY THIRD PARTY, WITH RESPECT TO THE SUBMISSION SUBMITTED IN THIS CONTEST.
14. LIMITATIONS OF LIABILITY, RELEASE & FORCE MAJEURE. The Released Parties (as defined in the next paragraph below) are not responsible for: (a) technical problems or technical malfunction which may affect the operation of the Contest, including but not limited to any of the following occurrences (i) hardware or software errors; (ii) faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; (iii) errors or limitations of any Internet service providers, servers, hosts or providers; (iv) garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent to or received; (b) lost, late, delayed or intercepted transmissions; (c) inaccessibility of any website, in whole or in part for any reason, or traffic congestions on the Internet; (d) unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; (e) destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an account used in connection with the Contest; (f) any typographical errors in the announcement of the Prize or these Official Rules, or any inaccurate or incorrect data contained on the Site; (g) any personal injury, or property damage or losses of any kind which may be sustained to Entrant’s or any other person’s computer equipment resulting from participation in the Contest, use of any website or the download of any information from any website; (h) any attempt by an Entrant or other individual to deliberately damage or undermine the legitimate operation of the Contest, including but not limited to any fraudulent claims, which may be a violation of criminal and civil laws, and/or (xi) lost, stolen, or destroyed government issued identification, airline tickets, hotel reservation documents, or any other items or materials required to claim, use or benefit from a Prize. ANY PERSON ATTEMPTING TO DEFRAUD SPONSOR OR IN ANY WAY TAMPER WITH, DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST WILL BE DISQUALIFIED AND MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL PROSECUTION.
Sponsor, and its parent companies (if any), subsidiaries, affiliates, successors, assigns; and each of the respective foregoing’s past, present and future officers, directors, owners, shareholders, members, managers, partners, principals, Contest judges (including without limitation the Selection Committee and Chip Gaines), employees, agents and representatives (collectively “Released Parties”) shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience, or other irregularity that may be caused or contributed to (a) by any wrongful, negligent, or unauthorized act or omission of any third party; or (b) by any cause, condition, or event beyond the control of the Released Parties, including, without limitation, any act of God, war, terrorism, riot, hurricane or fire. BY ENTERING THE CONTEST, ENTRANT FULLY AND UNCONDITIONALLY RELEASES, DISCHARGES AND AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS EACH RELEASED PARTY FROM AND AGAINST ANY AND ALL CLAIMS, COSTS, EXPENSES, ATTORNEY’S FEES, DAMAGES AND OTHER LIABILITIES ARISING OUT OF OR RELATING TO ENTRANT’S PARTICIPATION IN THIS CONTEST AND CONTEST-RELATED ACTIVITIES (SUCH AS ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE), INCLUDING, WITHOUT LIMITATION BUT TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, DEMANDS, CLAIMS AND CAUSES OF ACTION FOR INTELLECTUAL PROPERTY INFRINGEMENT, RIGHTS OF PUBLICITY OR PRIVACY VIOLATIONS, NEGLIGENCE, DAMAGES TO PROPERTY, BODILY INJURY (INCLUDING DEATH), PROPERTY DAMAGE, LOSS OF BUSINESS, LOSS OF CONSORTIUM, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES AND ALL OTHER FORMS OF CLAIMS, LIABILITIES AND DAMAGES.
By entering the Contest, you acknowledge that you are familiar with the provisions of California Civil Code Section 1452, which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM MUST BE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
15. DISPUTE RESOLUTION. All disputes arising under or relating to the Contest and/or these Official Rules shall be governed by the laws of the State of Texas, without regard for conflicts of laws principles. All disputes arising under or relating to the Contest and/or these Official Rules shall be submitted to and resolved by binding arbitration in Waco, Texas, any award shall be confirmed in the courts situated in McLennan County, Texas. The parties irrevocably agree that the courts situated in McLennan County, Texas shall have exclusive jurisdiction and venue for the purposes of confirming the any arbitration award, and for all other disputes arising out of or relating to these Official Rules that may found not to be arbitrable, and the parties hereby irrevocably consent to the exclusive jurisdiction and venue of such courts for such purposes. The arbitration shall be conducted pursuant to the Federal Arbitration Act, and shall further be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorney’s fees. Any such arbitration shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity.
14. WINNER LIST/OFFICIAL RULES. To obtain a copy of the Official Rules and Finalist/Grand Prize Winner list, send a self-addressed stamped envelope (except for residents of Vermont, who do not have to provide postage) to Sponsor at the address set forth above. All such requests must be received by November 30, 2017. Additionally, grand prize winners and their videos will be posted on the chip-starter.com website from October 16-18, 2017.
By submitting a Submission and entering into the Contest, you are entering into an electronic contract with Sponsor for the Contest and agree to be bound by these Official Rules governing the Contest.