2017 BLUE BUNNY HELMET OF HOPE TERMS AND CONDITIONS
The Jimmie Johnson Foundation (the “Foundation”), whose mission is to assist children, families and communities in need in the United States, invites fans and consumers to nominate their favorite education focused charities for the Foundation’s 2017 Blue Bunny Helmet of Hope Initiative, (the “Initiative”), which is funded by a donation from Wells Enterprises, Inc. (“Wells”), the maker of Blue Bunny ice cream, subject to the following Terms and Conditions.
This Initiative (as defined below) is sponsored solely by the Jimmie Johnson Foundation and any and all questions or grievances should be directed thereto.
NO PURCHASE NECESSARY TO NOMINATE A CHARITY. A PURCHASE WILL NOT IMPROVE THE OPPORTUNITY FOR YOUR CHARITY TO BE SELECTED.
1.NOMINATIONS. Beginning Monday, March 6, 2017, individuals may visit www.jimmiejohnsonfoundation.org or www.helmetofhope.org (“Websites”) and follow the on-screen instructions to complete the online nomination form to nominate an education focused charity (“Charity”), in keeping with the nomination criteria (defined in Section 2 below), for a chance for the charity to receive a twenty five thousand dollar ($25,000.00) grant (“Grant”) and other awards (defined in Section 7 below) from the Jimmie Johnson Foundation (“Foundation”) in connection with the 2017 Helmet of Hope Initiative (“Initiative”). Nominations must be received by Friday, April 14, 2017 at 5:00 p.m. (EDT) (“Nomination Deadline”) in order to be eligible for the Public Vote (“Vote”) to be held in Round Two described herein.
Individuals submitting nominations must be legal residents of one of the fifty United States or the District of Columbia who are eighteen (18) years of age or older. Employees (as well as their immediate family members, parents, children, siblings, spouses and others living in the same household, whether related or not) of the Foundation, Jimmie Johnson Racing, Hendrick Motorsports, Wells Enterprises, Inc. (“Wells”) and their affiliates and any other persons or entities involved in the execution or administration of the Initiative are not eligible to submit nominations. All nominations become the sole property of the Foundation and will not be returned. By submitting a nomination, individuals grant to the Foundation the irrevocable right and license to use the nomination or any portion thereof in press and promotional materials and on its Websites, except where prohibited by law. Individuals may submit only one (1) nomination. If an individual submits more than one nomination, all nominations other than the first one received by Foundation from such individual will be disqualified.
2. CRITERIA FOR CHARITIES. The Initiative focuses on charities that provide direct support to K-12 public education in the fifty United States and the District of Columbia (the “Initiative’s Focus”). To be eligible for nomination or as a grant recipient, a Charity must (a) be a 501(c)(3) tax-exempt organization, (b) have a mission or existing program consistent with the Initiative’s Focus, and (c) provide a copy of its IRS determination letter and mission statement to the Foundation upon request. Parent/Teacher Organizations of K-12 public schools with a 501(c)(3) tax-exempt status are eligible to be nominated. The following are ineligible to be a Grant recipient in connection with this Initiative: (x) public and private schools; (y) past recipients of Blue Bunny Helmet of Hope grants; and (z) charities that are competitive to the existing partners of the Foundation, as determined by the Foundation in its sole discretion. In the event of a question as to the eligibility of a Charity, the Foundation’s decision shall be final and binding, and it not subject to appeal.
3. ROUND ONE SELECTION. Following the Nomination Deadline, the Foundation staff will review all eligible nominations and will select, in its sole discretion, a total of nine (9) Charities to move on to Round Two. In addition, Wells, as the title donor of the Initiative, shall be entitled to name a tenth (10th) charity that meets the criteria set forth in Section 2 of its own choosing to be included in Round Two, and which will not necessarily be from among those Charities nominated by individuals as set forth in Section 1 above. The Charities selected to move on to Round Two shall be referred to herein as “Semi-Finalists.”
4. ROUND TWO SELECTION. Each of the ten (10) Charities selected as Semi-Finalists to participate in Round Two shall be notified via telephone and email on or before Thursday, May 4, 2017. If any email to a Semi-Finalist Charity is undeliverable, if any phone number is incorrect or no longer in service or has no ability to accept a message, if a return response on the part of the Semi-Finalist Charity to any given email or phone call/message is not received by the Foundation within two (2) business days of date of its issuance, or if any Semi-Finalist Charity does not comply with these Official Terms and Conditions, the opportunity to participate in Round Two of the Initiative and to be eligible for the Grant may be forfeited and the Foundation may select an alternate Charity to be a Semi-Finalist Charity in its sole discretion. Each Semi-Finalist Charity who responds as directed within the designated time frame to the above referenced email or phone call, provides proof of 501(c)(3) status, and otherwise complies with these Terms and Conditions will move on to the Round Two Public Vote.
5. ROUND TWO PUBLIC VOTING. The ten (10) Semi-Finalist Charities advancing to Round Two shall be put to a vote to be held electronically via the Foundation’s websites noted above. The Vote shall commence at 12:00:00 p.m. (noon) Eastern Daylight Time (“EDT”) Friday, May 5, 2017 and close at 12:00:00 p.m. (noon) EDT, Friday, May 12, 2017 (the “Voting Period”). Individuals submitting votes must be legal residents of the United States. Automated voting is not permitted. The poll host closely monitors IP activity during the voting period. If an IP address is flagged as potentially using automated voting, that IP address will be blocked and all votes from that IP address will be disqualified. Understanding that the Semi-Finalist Charities cannot monitor their supporters’ efforts at all times, the Semi-Finalist Charities will not necessarily be disqualified from the program if an IP address used to vote for them is suspected of using automated voting. However, if an IP address controlled by a Semi-Finalist Charity is suspected of using automated voting tools, that Semi-Finalist Charity may be disqualified in the Foundation’s sole discretion.
6. SELECTED CHARITY NOTIFICATION. Of the Semi-Finalist Charities, the five (5) that receive the most votes in the Round Two Vote shall be the Selected Charities (hereinafter “Selected Charities” or “Selected Charity”) and shall each be awarded a Grant and other awards outlined in Section 7 hereof. The five (5) Selected Charities shall be notified of their selection by telephone and/or email on or about May 19, 2017. Within five (5) days of the initial call or email send date, each of the Selected Charities shall provide the Foundation with (a) an .eps and .jpeg version of its respective logo, and (b) a signed release (the “Release”) (to be provided to each Selected Charity by Foundation) authorizing the use of the Selected Charities respective logo on Jimmie Johnson’s helmet to be worn at the NASCAR Cup Series Race on August 13, 2017 at Michigan International Speedway (the “Race”), and containing such other terms as the Foundation requires. Failure to sign the Release and agree to any terms required by the Foundation shall result in disqualification of the Charity and forfeiture of the Grant and other awards.
7. GRANT AWARD DETAILS: Upon compliance with the terms contained herein, each of the Selected Charities shall: (i) have its logo placed on Jimmie Johnson’s helmet during the Race, subject to the contingencies identified in these Terms and Conditions, (ii) shall each receive one (1) check from the Foundation in the amount of twenty five thousand dollars ($25,000) to be used in connection with the furtherance of K-12 public education, and (iii) receive $200 in vouchers for an ice cream party provided by Wells, makers of Blue Bunny Ice Cream. Should Jimmie Johnson not participate in the Race nothing shall be awarded to the Selected Charities in lieu of having their respective logos appear on Jimmie Johnson’s helmet during the Race. The Foundation may, in its sole and absolute discretion, disqualify any Selected Charity that fails to comply with the Terms and Conditions set forth herein. In the event of a disqualification the Foundation may select an alternate Selected Charity from those other Semi-Finalist Charities which were part of Round Two. Grant and other awards are non-transferable and may not be substituted. Any tax liability that results from accepting a Grant or award is the sole responsibility of the Selected Charity.
8. GENERAL TERMS: All decisions of the Foundation are final and binding upon the Nominated Charities, Semi-Finalist Charities and Selected Charities. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Initiative materials and these Terms and Conditions, these Terms and Conditions shall prevail, govern and control. All materials and nominations submitted become the sole property of the Foundation, will not be returned, and may be used in perpetuity for advertising and promotional purposes by the Foundation and those authorized by the Foundation without any further compensation where permitted by law. The Foundation is not responsible for any typographical or other error in the administration of the Initiative or in the selection of Charities. The Initiative is subject to all applicable federal, state and local laws and regulations and is void wherever prohibited or restricted by law.
9. LIMITATIONS OF LIABILITY/DISPUTE RESOLUTION/CHOICE OF LAW: Neither the Foundation nor Wells is responsible for any incorrect or inaccurate information, including, without limitation, that which is caused by Website users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Initiative or by any technical or human error which may occur in the processing of nominations or votes. Neither the Foundation nor Wells assume any responsibility for any error, omission, interruption, deletion, or defection, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, nominations in processing the Initiative nominations or votes. Neither the Foundation nor Wells is responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, failure of email or nominations on account of technical problems or traffic congestion on the Internet or at any web site associated with the Initiative, including, but not limited to, the Websites. Neither the Foundation nor Wells is responsible for cheating or fraud by any third party, including but not limited to, individuals submitting nominations or voting. If, for any reason, the Initiative is not capable of running as planned, including, but not limited to, cancellation or postponement of, or Jimmie Johnson not driving in, any relevant NASCAR Cup Series Race, including but not limited to the Race, the Foundation may, in its sole discretion, cancel, terminate, modify or suspend the Initiative with no liability to the Foundation, Wells or any other individual or entity associated with the Initiative.
Except where prohibited, participants (including nominators, nominees and voters) in the Initiative (“Participants”) agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Initiative shall be resolved individually, without resort to any form of class action, and exclusively by an action in state or federal court located in the State of North Carolina; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Initiative but in no event attorneys’ fees; and (c) under no circumstances will a Participant be permitted to obtain awards for, and Participants hereby waive 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of a Participant in connection with this Initiative, shall be governed by, and construed in accordance with, the laws of the State of North Carolina, without regard to the conflicts of law doctrine of any jurisdiction.
10. INDEMNIFICATION. By participating in the Initiative, each individual submitting a nomination, the Charities nominated, Semi-Finalist Charities and Selected Charities (collectively the “Indemnifying Party”) agrees to indemnify, defend, and hold harmless the Foundation, Jimmie Johnson, Jimmie Johnson Racing II, Inc., Wells, and/or any of their affiliates, partners, members, shareholders, agents, attorneys, employees, and directors (collectively “Indemnified Parties”) from any and all claims or demand for any damage, liability, cause of action or injury of any kind or nature whatever, including without limitation, reasonable attorneys’ fees arising from such Indemnifying Party’s participation in the Initiative in any manner, including, without limitation, any unauthorized use of or infringement of any trademark, service mark, copyright, patent, process, method or devise, violation of any right of publicity or privacy, or other intellectual property or proprietary right, regardless of whether such claims are based in negligence, strict liability, or under any other theory. This indemnity shall continue in perpetuity. No acceptance or approval of the Foundation of any nomination shall affect the Indemnified Parties’ rights hereunder.
11. NOTICE TO INDIVIDUALS SUBMITTING NOMINATIONS: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS INITIATIVE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE FOUNDATION RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. The Foundation and other Indemnified Parties are not responsible for incorrect announcements of any kind, technical hardware or software failures of any kind including any injury or damage to any person’s computer related to or resulting from participating in the Initiative. Any damage made to the Websites will be the responsibility of the authorized email account holder of the email address submitted at the time of entry. Proof of submitting nominations will not be deemed to be proof of receipt by Foundation. Any use of robotic, automatic, programmed or the like methods of submitting nominations will void all such nominations by such methods. The Foundation reserves the right to prohibit the participation of an individual if fraud or tampering is suspected or if the individual fails to comply with any provision in these Terms and Conditions.
12. NOTICE TO INDIVIDUALS AND CHARITIES SUBMITTING VOTES: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS INITIATIVE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE FOUNDATION RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW. The Foundation and other Indemnified Parties are not responsible for technical hardware or software failures of any kind including any injury or damage to any computer related to or resulting from participating in or experiencing any materials in connection with the Initiative. Any damage made to the Websites will be the responsibility of the authorized email account holder of the email address submitted at the time of voting. Any use of robotic, automatic, programmed or the like methods of submitting votes will void all such votes. The Foundation reserves the right to prohibit the participation of an individual or Charity if fraud or tampering is suspected or if the individual or Charity fails to comply with any provision in these Terms and Conditions.
13. SELECTED CHARITY LIST: For the name of each of the Selected Charities, visit the Websites on or around May 19, 2017.