Terms and Conditions
2023 “Find Blue” Contest
Terms and Conditions
THESE TERMS OF SERVICE CONTAIN AN ARBITRATION PROVISION, SECTION 12, AND A WAIVER OF CLASS ACTION, SECTION 13.
BY ENTERING THE COMPETITION, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. NO PURCHASE NECESSARY TO ENTER OR WIN. THE PURCHASE OF ANY GOOD(S) OR SERVICE(S) WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
- CONTEST PERIOD: The 2023 “Find Blue” Contest (“Contest”) begins at 3:00 pm EST on October 27, 2023 and ends at 6:00 pm EST on November 23, 2023 (“Contest Period”). Sponsor’s computer is the official clock for the Contest.
- SPONSOR: Cool Cats Group LLC, 201 Lavaca Street, #543, Austin, Texas 78701 U.S.A. (“Sponsor”).
WHO MAY ENTER THE CONTEST: Contest is only open to legal residents of the fifty (50) states of the United States, the District of Columbia, and the territory of Puerto Rico who have reached the age of majority in their state of residence as of the date they submit their Contest photograph to the Sponsor (“Entry”) and otherwise comply with these Official Rules (“Entrant” or “you”).
WHO MAY NOT ENTER THE CONTEST: The following are not eligible to enter or win the Contest: employees and representatives of Sponsor and of Macy’s and their related business entities, those affiliated with this Contest (including advertising and promotion agencies, contractors, and legal representatives) (collectively “Contest Entities”); and their immediate family members (spouse, parent, child, sibling, and their respective spouses, regardless of where they reside), and those living in the same household of each such individual, whether or not related. All applicable federal, state, and local laws and regulations apply.
ADDITIONAL LIMITATIONS ON ENTRANTS AND CONTEST CONDITIONS:
- Multiple Entrants are not permitted to share the same email address or Instagram account.
- Any attempt by any Entrant to obtain more than the stated number of entries by using multiple/different Instagram accounts, email addresses, identities, registrations and logins, or any other methods, will void that Entrant’s Entry and that Entrant may be disqualified, in Sponsor’s sole discretion.
- Each potential winner may be required to show proof of being an authorized account holder.
- Sponsor has the sole discretion to determine whether an Entry is eligible. In the event of a dispute regarding the identity of an Entrant, a person who can demonstrate the ability to log into the applicable account with the correct username and password will be deemed the Entrant who submitted the entry. Sponsor will message Entrant via Instagram direct message to obtain email address for verification.
- Automated, script, macro, or robotic Entries submitted by individuals or organizations will be disqualified.
- Entries may not contain, as determined by the Sponsor in its sole discretion, any content that:
- is sexually explicit or suggestive, violent, defamatory, disparaging, profane, pornographic, humiliating, or depicts cruelty or harm;
- promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), promotes any activities that may appear unsafe or dangerous, or promotes any particular political agenda or message;
- is obscene or offensive, or endorses any form of hate or hate group;
- contains any personal information, such as personal names, street addresses, social media account information, telephone numbers, or e-mail addresses;
- violates the rights of third parties, including copyright, trademark, privacy, publicity; and/or
violates any law.
- Sponsor does not control, and is not responsible for, the Instagram platform, power interruptions, or technology networking, including, without limitation, errors, cancellation of accounts, or technical malfunctions that may affect any Entrant’s ability to enter, win, view, be advised of, be eligible for or be properly considered in the Contest.
- Sponsor may decline to accept Entry Photos or stories that, in the absolute discretion of Sponsor, may compromise the administration, security, fairness, integrity, or proper conduct of the Contest. In such circumstances, the Entry shall be void.
- HOW TO ENTER: There is one (1) Method of Entry for this Contest. Entrants will automatically receive one (1) Entry into the Contest upon completing the Method of Entry described below.
METHOD OF ENTRY: Entrants must:
- Enter through Instagram.
- Ensure their Instagram account is set to public.
- Follow Sponsor’s @COOLCATSGLOBAL Instagram account;
- Spot the Blue Cat balloon in the 2023 Macy’s Thanksgiving Day Parade®;
- Within three (3) hours of the Parade ending, post a story on their Instagram account showing a photograph of where they were when they saw the Blue Cat balloon (whether in person, on TV, or livestream of the digital parade) (your “Entry Photo”), and tag @COOLCATSGLOBAL in the story post.
- Ensure that Sponsor’s “Blue Cat” balloon in the Macy’s Thanksgiving Day Parade® is clearly visible in the Entry Photo.
ORIGINALITY OF ENTRY: The Entry Photo must be original to you and may not be copied, in whole or in part, from the photograph of any other person or entity.
ACCESS TO YOUR SOCIAL MEDIA ACCOUNT: By entering this Contest via Instagram, which is a social media site not owned or controlled by Sponsor, you hereby authorize Sponsor to access and utilize applicable portions of your social network pages/account solely in connection with the Contest, including promoting the winners of the Contest and Entrants to the Contest and their Entry Photo.
- LIMITATION ON ENTRIES; OWNERSHIP OF ENTRY: There is a limit of one (1) Entry per person. All Entries become the digital property of Sponsor and will not be acknowledged or returned.
- LICENSE OF INTELLECTUAL PROPERTY RIGHTS: You retain ownership of copyright in your Entry Photo. By submitting an Entry, you hereby grant Sponsor a license to exercise the copyright and any other intangible rights in the Entry Photo in connection with the Contest and Sponsor’s related business activities (“Promotions”). This license is for all rights in the Entry Photo, nonexclusive, worldwide, for all media now known or later developed, royalty-free, paid up, irrevocable, in perpetuity, sublicensable to Sponsor’s Contest and business collaborators, and transferable. You waive any requirement of attribution and any moral rights (as applicable).
- ENTRANT REPRESENTATIONS AND WARRANTIES: Entrant represents and warrants that they have all necessary rights to submit the Entry Photo, grant the license, and grant the consents above; their Entry does not violate, misappropriate, or infringe upon any intellectual property or right of any person or entity; they are of legal age to participate in the Contest; their participation in the Contest will be consistent with the policies of Instagram or other platform through which they are participating; and, to the best of their knowledge, their participation is consistent with all applicable laws.
PRIZES, PRIZE JUDGING, ANNOUNCEMENT, AND ODDS OF WINNING:
PRIZES: Forty one (41) total prizes are available to be awarded, and will be awarded so long as Sponsor receives a sufficient number of Entries that meet the stated criteria. One (1) Grand Prize will be awarded to the Winner, and forty (40) additional prizes will be awarded to runners-up. The total approximate retail value (“ARV”) of all Prizes is $11,300.00 USD (less any required withholding). Winners are solely responsible for any taxes applicable to their Prize.
- Grand Prize: The 1st Place Grand Prize Winner will receive Ten Thousand Dollars ($10,000) USD (less any required withholding)
- Runner-up Prizes: Twenty (20) runners-up will each receive one (1) Blue Cat plush toy (each having an approximate retail value (“ARV” of U.S. $35), and another twenty (20) runners-up will each receive one (1) Chugs plush toy (each with an ARV of U.S. $30). The Prizes will be shipped at no expense to the Winners to a location in the U.S., D.C., or Puerto Rico, designated by each Winner.
PRIZE JUDGING: One (1) 1st Place Grand Prize Winner and forty (40) Runners-up Winners will be selected from stories shared by all eligible Entrants during the Contest Period. Judging will be conducted by a representative of Sponsor. One hundred percent (100%) of the criteria for determining the winners is the creativity in the Entry Photo and of the story posted by Entrant in connection with the Entry Photo. While “creativity” is somewhat subjective and in the eye of the beholder (meaning, the sole discretion of Sponsor), Sponsor will consider the manner in which the creativity reflects the vision, spirit, and values of Sponsor, see https://coolcats.com/about, and will consider other attributes, such as novelty, aesthetics, humor, cleverness, engagement, and value.
PRIZE ANNOUNCEMENT: Winners will be announced on November 28, 2023 on or about 3pm EST on the Sponsor’s @COOLCATSGLOBAL Instagram account, followed by notification via a Direct Message on the Potential Winner’s Instagram account which will include a request for their email, and then will be directly contacted by email. Odds of winning depend on number of eligible entries received. Sponsor has the right to not announce any winners if they do not meet the requirements of the Contest during the Contest Period. Non-winning entries at the end of the entire Contest Period will not carry forward to or be included in any subsequent promotions of Sponsor.
AWARDING PRIZES: All Prizes are subject to the following:
- All Prizes will be awarded, provided that a sufficient number of Entries have been received by Sponsor that meet the stated criteria.
- Sponsor will not replace any lost or stolen prize money.
- Entrant may not substitute any prize, or request monetary payment in exchange for a plush prize.
- Sponsor reserves the right to substitute a prize with one of comparable or greater value, at its sole discretion.
- Prize awarded is subject to verification of eligibility and compliance with these Official Rules. Prize winner may be required to sign an affidavit of eligibility, liability release, and where legal, a publicity release (collectively, the “Affidavit”), and return the same, properly executed, within seven (7) days of issuance of notification (TN residents need not sign the publicity releases).
- Sponsor may select a replacement winner if Sponsor is unable to contact a potential winner after a reasonable number of attempts, or if a potential winner is ineligible according to these Official Rules or applicable law; if a potential winner fails to provide the required information and/or return any required Affidavit documents within the specified time period; if a prize or prize notification is returned as undeliverable; if a potential winner elects not to receive their prize for any reason.
- Once any required information and Affidavit are received within the specified time period, verified, and receive final approval by Sponsor, a potential Contest winner becomes an actual Winner. Decisions of the Sponsor are final in all respects of the Contest.
PRIZES WILL BE PROVIDED, AND ENTRANT ACCEPTS SUCH PRIZES, “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
- LIMITATIONS OF LIABILITY FOR DAMAGES: Regardless of the form of action or theory of recovery, in no event shall Sponsor be liable to Entrant in connection with the Contest and/or these Official Rules for any indirect, special, exemplary, consequential, incidental or punitive damages (even if Sponsor is aware of the possibility of such damages); lost profits, lost revenue, lost business expectancy, business interruption losses, or loss of data. Because the Contest does not involve payment to Sponsor by Entrant, direct damages may not exceed One Hundred Dollars (U.S. $100.00). Some jurisdictions do not allow consumer limitations of liability.
- DISPUTE RESOLUTION: The parties shall attempt to resolve any disputes through good faith business negotiations. Any dispute that cannot be resolved through good faith business negotiations shall be submitted to facilitative mediation, which may be conducted online. https://www.adrtimes.com/judicial-arbitration-and-mediation-services/. Facilitative mediation shall be a condition precedent to arbitration and litigation, other than intellectual property claims.
- Except as set forth below, any dispute arising out of these Official Rules not resolved through good faith business negotiations or facilitative mediation shall be settled by arbitration, to be conducted by a single arbitrator online/virtually, in accordance with the then effective commercial rules of the American Arbitration Association or JAMS or similar professional dispute resolution provider; provided that the arbitrator shall not have authority to issue injunctions against Sponsor. In arbitration, there is no judge or jury, and review is limited. The arbitrator’s decision and award are final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. A party making a demand for arbitration shall provide the other party a detailed, clear, written statement as to the conduct constituting a breach of these Official Rules and the documents in their possession that support such breach. The demand shall be sent by email and by courier, such as FedEx, DHL, or personal delivery. The party receiving the demand shall acknowledge receipt in writing. Within ten (10) calendar days, the parties shall confer to coordinate the next steps, including the process for notifying the dispute resolution provider. Each party shall bear its own costs of dispute resolution. The arbitrator shall not have authority to permit discovery. The language of the arbitration is English. Judgment upon the award may be entered in any court having jurisdiction thereof.
- Litigation, if any, shall be initiated and maintained only in the county of Wilmington, Delaware, or the U.S. District Court for the District of Delaware. The parties expressly submit to the exclusive personal jurisdiction and venue of these courts and waive any objection on the grounds of personal jurisdiction, venue, or forum non conveniens. The parties hereby waive their right to a trial by jury and stipulate to a bench trial.
- The parties agree to the consolidation of arbitrations/lawsuits if brought by different Entrants where such arbitrations/lawsuits relate to the same general subject matter of these Official Rules.
- Notwithstanding the terms of subsection (a), above, a party may bring a claim in small claims court where the claim seeks only money damages and where the demand is for One Thousand Dollars (U.S. $1,000) or the jurisdictional amount of the small claims court, whichever is less. If desired by Entrant and if agreed to by the court, the matter shall be decided by legal briefs and affidavits and not by in-person hearings or trials.
- Except where prohibited, 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 this Contest, shall be governed by, and construed in accordance with, the laws of the State of Delaware, without giving effect to any choice or conflict of law rules, which would cause the application of the laws of any jurisdiction other than in the State of Delaware.
- WAIVER OF CLASS ACTION: Whether disputes are resolved by good faith negotiations, mediation, arbitration, or in court, Entrant hereby waives any right to bring, or participate as a member in, a class action lawsuit against Sponsor.
WINNERS: For the name of the prize Winners, available up to 60 days after the Contest Period ends, please contact Sponsor at the telephone number, or e-mail address listed below.
For names of winners/available after the sixty-day period has passed (up to thirty days after the expiration of this deadline), send a self-addressed, stamped envelope to Cool Cats Group LLC, 201 Lavaca Street, #543, Austin, Texas 78701, USA, addressed to “Find Blue Contest”.
- FORCE MAJEURE: Sponsor shall have the right to terminate the Contest in the event of fire or other casualty, acts of God, earthquake, floods, explosions, interrupted power supply, attacks on technology infrastructure, sabotage, war, riots, acts of terrorism; inability to procure or a general shortage of labor, equipment, facilities, materials or supplies in the open market; strikes, lockouts, court orders, laws, regulations, or orders of government or military authorities; pandemic or health emergencies, accidents; or any other cause not within its control. Notice of such action will be posted online at http://www.coolcats.com/findblue.
- CONSENT TO ELECTRONIC COMMUNICATIONS: Sponsor and Entrant consent to electronic signatures, documents, communications, and legal notices. Sponsor may provide Entrant with notices by postings to Sponsor’s @COOLCATSGLOBAL Instagram account or to http://www.coolcats.com/findblue, by email, text, or United States Postal Service. Notice is deemed given upon the earlier of (a) actual receipt, (b) twenty-four (24) hours after an email is sent or a communication is posted to the web site of Sponsor or broadcast via social media, (c) if by mail, then three (3) days after first class mail is deposited with the U.S. Postal Service.
If you have questions, please contact us at:
Ms. Jaclyn Woo, of Cool Cats Group LLC
78B Coxwell Avenue
Toronto, Canada M4L3A7
Mr. Colin Egan, of Cool Cats Group LLC
5800 Harold Way, APT 405
Los Angeles, California 90028