Intermittently, the Free Peach operates a “Cartoon Caption Contest” published on their @thefreepeach Instagram page (the “Contest”). These rules apply to each Contest.
The new Contest begins on the date of instagram posting (the “Cover Date”) and ends at 11:59 P.M. P.T. seven (7) days later. For the exact date of entry for the current Contest, please refer to the specific Instagram post.
To enter using Instagram, comment on the cartoon posted on @thefreepeach, using the hashtag #FreePeachCaption, for your caption to be considered as an official entry (a “Submission”) in the contest. One entry per person or Instagram account. Anyone age thirteen or over can enter, except employees, agents, or representatives of Sponsor or any other party associated with the development or administration of the Contest, or any member of their immediate family.
Entries or votes that are lost, late, misdirected, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at the Web site or elsewhere, are not the responsibility of the Sponsor, and will not be eligible. In the event of a dispute, entries/votes will be deemed submitted by the authorized account holder of the e-mail address at time of entry. Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry or voting process, the operation of the Web site, or otherwise in violation of the rules. Use of bots or other automated processes to vote or enter is not allowed and may result in disqualification at Sponsor’s discretion. Sponsor further reserves the right to cancel, terminate, or modify any Contest not capable of completion as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, force majeure, voter fraud, or technical failures of any sort. Sponsor is not responsible for errors in the administration or fulfillment of this Contest, including, without limitation, mechanical, human, printing, distribution, or production errors, and may modify this Contest based upon such error at its sole discretion without liability and where circumstances make this unavoidable.
Entrants represent and warrant that their Submission is their original work, it has not been copied from others, and it does not violate the rights of any other person or entity.
All entry materials become the property of Sponsor and will not be acknowledged or returned. The copyright in any Submission shall remain the property of the entrant, but, in exchange for the possibility of publication of the Submission in The Free Peach, entry in this Contest constitutes entrant’s irrevocable, perpetual permission and consent to Sponsor and others authorized by Sponsor, without compensation or attribution, (i) to use, reproduce, print, publish, transmit, communicate to the public, distribute, sell, perform, adapt, enhance, or display the Submission and the entrant’s name and city and state for editorial, advertising, commercial, and publicity purposes, in any and all media now in existence or hereinafter created, throughout the world; (ii) to do (or omit to do) any acts in respect of the Submission which may otherwise constitute an infringement of the entrant’s moral rights; and (iii) to edit, adapt, and modify the Submission. Except to the extent prohibited by law, Sponsor excludes from these official rules all conditions, warranties, and terms implied by statute, general law, or custom. Each entrant releases and discharges the Sponsor, the judges, any party associated with the development or administration of the Contest, their employees, agents, or representatives, or any of their parents, subsidiaries, or affiliates from any and all liability in connection with the Contest, including, without limitation, legal claims, costs, losses or damages, demand, or actions of any kind.
Up to five (5) finalists will be selected from each Contest by a member or members of the editorial staff of The Free Peach (the “Judge(s)”). All five finalists’ captions will be published by @thefreepeach on Instagram, along with each finalist’s username or full name, per the entrant’s description. In the event two or more valid entries contain the identical caption (including punctuation) and are selected as a finalist, the entry that was first received by the Sponsor will be deemed as the finalist, and the other entries will not be included as a finalist. All decisions of the Judge(s) in all matters relating to the Contest are final and binding.
The winner of each Contest will be the person whose caption received the greatest number of valid votes (“Votes”) from the Free Peach writing staff (the “Writer(s)”).
The Judge(s) will tabulate the Votes and announce the winner on the Cartoon Caption Contest page.
The Qualified Winner of each Cartoon Caption Contest will have their caption and name published on @thefreepeach Instagram as the winning caption. A prize not exceeding $5 in value may be awarded in connection with the Contest, as specified in the contest posting on Instagram. Publication of the winning caption does not have a retail value. If the Qualified Winner cannot be contacted or does not respond within three (3) days, an alternate winner may be selected.
Subject to all federal, state, and local laws and regulations. Void where prohibited. All disputes arising or connected with the Contest shall be governed by California law and will be resolved individually, without resort to class action exclusively in a state or federal court located in Berkeley, CA. As permitted by law, any judgments or awards shall be limited to out-of-pocket damages (excluding attorneys’ fees), and shall not include any indirect, punitive, or consequential damages.
Except where prohibited: (i) acceptance of publication in the magazine constitutes consent to use winner’s name, likeness, and winning entry for editorial, advertising, and publicity purposes, without compensation; (ii) winner may be required to sign an affidavit of eligibility and copyright transfer/liability/publicity/permission release. If the winner is deemed to be a minor under the jurisdiction of his/her residence, the parent or legal guardian may be required to execute the necessary affidavit and release. Affidavits and releases must be returned within ten (10) days of attempted notification or an alternate winner may be chosen. The Sponsor collects personal information in order to conduct the Contest and may, for this purpose, disclose such information to third parties. Entry is conditional on providing this information. The Sponsor may also use the information for promotional, marketing, and publicity purposes. Entrants should direct any request to access, update, or correct information to the Sponsor.
This Contest is sponsored by The Free Peach, thefreepeach.com (“Sponsor”).