The Dickies American Hero of the Year Contest (the "Contest") is open only to legal residents of the fifty (50) United States (including District of Columbia) who are at least eighteen (18) years old at the time of entry and are either: 1) active in the United States military or retired from the United States military; or 2) are immediate family members (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) or friend (has a close and personal relationship) of someone that is active in the United States military or retired from the United States military. Void where prohibited by law. Employees of Williamson-Dickie Mfg. Co., or any of their respective affiliates, subsidiaries, advertising agencies, 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 Sponsor's decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor and Administrator
Sponsor: Williamson-Dickie Mfg. Co., 509 W Vickery Blvd., Fort Worth, TX 76104.
Administrator: Williamson-Dickie Mfg. Co., 509 W Vickery Blvd., Fort Worth, TX 76104.
3. Contest Entry Period
The Contest begins on May 1, 2013 at 12:00AM Central Time ("CT") and ends on June 17, 2013 at 11:59PM CT (the "Contest Entry Period"). Administrator is the official time keeper for this Contest.
4. How to Enter
You can either nominate yourself and enter the Contest or you can nominate another person and enter them into the Contest. If you nominate another person and enter them into the Contest you must have their written permission to do so. If you are nominating a person they must meet the eligibility requirements set forth above in section 1. A person that is nominating another person does not have to be active in the United States military or retired from the United States military. During the Contest Entry Period, you can enter the Contest through the promotion application on the Facebook Platform or through MilitaryHero.com (collectively the "Contest Websites"). You can find the application at www.militaryhero.com, on the Dickies American Hero of the Year tab on the Dickies Page on Facebook (facebook.com/dickies) or on The Exchange facebook page (www.facebook.com/AAFES.BX.PX). On the Contest Websites you must complete and submit the entry form as instructed (by proving your name, email address and phone numbers as well as that of the person you are nominating), upload either: (A) a video that is no longer than 5 minutes ("Video"); (B) up to one (1) photo and an essay up to five hundred (500) words ("Photo Essay") and/or (C) an essay up to five hundred (500) words ("Essay") answering the following questions: 1) What "being an American Hero" means to the nominee; and 2) My nominee is a true American hero because (Video, Photo Essay and Essay each an "Entry"). Limit one Entry per person during the Contest Entry Period. The Photo Essay may also be emailed to email@example.com. A person may only nominate one person into the Contest. A person may only be nominated once into the Contest. Entries must be truthful and Sponsor reserves the right to verify information contained in the Entry. Entries must be the original work of the entrant; may not have won previous awards; may not have been used publicly previously by any third party; must not infringe any third-party's rights; must be suitable for publication (i.e., may not be obscene or indecent); must not contain obscene or pornographic material; may not contain defamatory statements; may not invade privacy, publicity or other rights of any person, firm or entity; may not in any other way violate applicable laws and regulations; may not contain any reference to any third party trademarks, names (other than the name of the nominee's employer) or third party logos; and may not contain any copyrighted works owned by third parties. All Entries will be reviewed for content eligibility and compliance with these Official Rules before being judged. Entries containing false information, prohibited material or inappropriate content, as determined by the Sponsor, in its sole discretion, may be disqualified. Sponsor makes the final determination as to what Entries are eligible to take part in this Contest. Submission of an Entry grants Sponsor and its agents the unconditional, irrevocable, worldwide right to publish, use, adapt, edit and/or modify such Entry in any way, in any and all media, without limitation, and without consideration to the entrant, whether or not such Entry is selected as a winning Entry. BY SUBMITTING THE ORIGINAL ENTRY, THE ENTRANT REPRESENTS AND WARRANTS THAT HE/SHE HAS ALL RIGHT, TITLE AND INTEREST NECESSARY TO GRANT THE SPONSOR THE WORLDWIDE, IRREVOCABLE AND UNRESTRICTED RIGHT AND LICENSE TO ADAPT, PUBLISH, USE, EDIT, AND/OR MODIFY SUCH ENTRY IN ANY WAY AND POST THE ORIGINAL ENTRY ON THE INTERNET OR USE THE ORIGINAL ENTRY IN ANY OTHER WAY AND AGREES TO INDEMNIFY AND HOLD SPONSOR HARMLESS FROM ANY CLAIMS TO THE CONTRARY. Entries from nominated individuals may be posted on the Contest Websites after being submitted. Having an Entry posted online does not mean the Entry has met the submission requirements, or has an enhanced chance for selection as a finalist or as a winner.
5. Finalist Selection
All Entries will be judged by a panel of qualified judges ("Judges") between June 18, 2013 and July 1, 2013 to select five (5) Finalists. The Entries will be judged on the following three criteria:
- Entry Composition (40%)
- Entry Sincerity (40%)
- How well the Nominee represents the American Hero (20%)
In the event of a tie, the tie breaker will be based on the highest score in the first Judging Criteria, continuing thereafter to each Judging Criteria in order, as needed to break the tie. All submitted Entries and Entrants in this Contest shall be governed by these Official Rules and the decisions of the Judges and Sponsor. Entrants agree that the Sponsor and Judges have the sole right to decide all matters and disputes arising from this Contest and that all decisions of Sponsor and Judges are final and binding.
All potential Finalists (including the person that made an Entry as well as the person that was nominated) are subject to a background check (including, without limitation, civil and criminal court records and police reports). Sponsor reserves the right in its sole discretion to disqualify any Entry if the results of such background check or interview reveals that the entrant and/or the person that was nominated is either not eligible to participate in the Contest or if the Sponsor determines, in its sole discretion, that participation of entrant might reflect negatively on Sponsor or any of its related or affiliated companies, employees, or affiliates, or if the Entry contains false, deceptive or incomplete information. Within 48 hours of being contacted as a potential Finalist, all potential Finalists (including the person that made an Entry as well as the person that was nominated) will be required to timely provide evidence which objectively verifies the facts stated in the Entry to the satisfaction of the Sponsor or Administrator and provide any requested written authorization, consents or releases in connection with such background checks. Failure to do so will result in disqualification of an entry. Entries may also be disqualified for: (a) failing to provide the required information in a timely manner; (b) a violation of any of these Official Rules (including failure to satisfy any eligibility requirements); or (c) any other reason affecting the fairness or propriety of this contest as determined by the sponsor in its sole discretion.
6. Grand Prize Selection
The Finalists' Entries will be displayed on the Contest Websites between July 5, 2013 at 12:00AM CT and August 6, 2013 at 11:59PM CT (the "Finalist Voting Period"). Individuals interested in the Contest are also encouraged to vote for the Entry that is their favorite. Public voting will determine the Grand Prize Winner. Limit of one (1) vote per person per email per Facebook account per day during the Finalist Voting Period. The Grand Prize winner will be the Finalist that received the most votes. Use of an automated process or similar device to submit an electronic vote is strictly prohibited. Any attempt to circumvent the one vote limit or to use automated vote process will subject all votes from the person to disqualification. If a Finalist receives multiple and/or irregular votes from the same user or users, including but not limited to, votes generated by a robotic, programmed, script, macro, other automated means or other source, the Sponsors and/or Administrator reserves the right to disqualify the Finalist in their sole discretion. If the voting process for fails to operate properly or appears to be tampered with or tainted with errors, fraud or unfair practices, the Sponsor and/or Administrator in their sole discretion reserves the right to use another means to determine the winner of the grand prize, i.e. random selection or appointing a panel of judges. Finalists may not pay people or provide any other type of consideration in exchange for votes. Any Finalist who violates the ban on paying or providing consideration in exchange for votes will be disqualified. Public votes may be displayed on the competition website, on a real-time basis, before being verified for integrity. These unverified votes do not necessarily reflect accurately the winner of the grand prize. The winner of the grand prize will be the entrant who is contacted directly by the Administrator or Sponsor after votes have been verified. Sponsor reserve the right to modify the voting period at anytime for any reason. In the event of a tie during the Finalists Voting Period, the Sponsors will conduct a 24-hour "Tie-Breaker Voting Round" from among all tied Entries. In the event of such a tie, additional details regarding the Tie-Breaker Voting Round will be made available on Contest Websites.
7. ALL POTENTIAL CONTEST WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST.
8. Verification of Potential Winners
The potential prize winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. The potential winners will be notified by email, telephone, or registered mail on or about August 10, 2013. The potential winners will be required to sign and return to Sponsor, within ten (10) days of the date notice is sent, an affidavit of eligibility, and liability/publicity release (except where prohibited) in order to claim his/her prize if applicable. If the potential winner cannot be contacted, fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period (if applicable), or if the prize or prize notification is returned as undeliverable, potential winner forfeits prize. In the event that a potential winner of a contest prize is disqualified for any reason, Sponsor may award the applicable prize to an alternate Finalist who had the next highest amount of votes.
- One (1) grand prize will be award. The grand prize winner will receive Twenty Five Thousand Dollars ($25,000).
- Four (4) finalist prizes will be award. Each finalist prize winner will receive One Thousand Dollars ($1,000).
Prizes will be awarded to the selected nominees only; the nominator is not eligible to win a prize (unless the nominator nominated himself or herself). Finalists are solely responsible for any taxes on their respective prizes, and winners who receive a prize valued at $600 or more will be issued an IRS Form 1099 for the value of the prize. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor's sole discretion. Sponsor reserves the right to substitute the listed prize for one of equal or greater value for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use.
10. Entry Conditions and Release
By entering, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor, Administrator and/or the Contest judges which are binding and final in all matters relating to this Contest; (b) release and hold harmless the Sponsor, Administrator, and their respective parent, subsidiary, 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 prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Sponsor and Administrator from and against any and all claims, expenses, and liabilities (including reasonable attorneys fees) arising out of or relating to an entrant's participation in the Contest and/or entrant's acceptance, use or misuse of prize.
Except where prohibited, participation in the Contest constitutes winners consent to Sponsor's and its agents' use of winner's name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
12. General Conditions
Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. 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, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
13. Limitations of Liability
The Released Parties are not responsible for: (a) 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; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Contest; (d) technical or human error which may occur in the administration of the Contest or the processing of Entries; or (e) 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 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. No more than the stated number of prizes will be awarded.
Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Contest shall be resolved individually, without resort to any form of class action; (b) 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 Texas State Court located in Denton County, Texas; (c) 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 (d) 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 Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules (whether of the State of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas.
15. Entrant's Personal Information
16. Contest Results
For Contest results send a hand-printed, self-addressed, stamped envelope to Dickies American Hero of the Year Contest Winners List Request, FILTER Creative Group, 5908 Barton Ave., Los Angeles, CA 90038. Requests for the winner list must be received by October 1, 2013. DO NOT SEND ANY OTHER CORRESPONDENCE OR ENTRIES TO THIS ADDRESS.
This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook. You are providing your information to Williamson-Dickie Mfg. Co. and AAFES and not to Facebook.