Metro Pulse Brunch Haiku Contest 2013

Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT IMPROVE CHANCES OF WINNING.

ELIGIBILITY: The Metro Pulse Haiku Contest ("Contest") begins at 12:01AM Eastern Time January 10, 2013 through 5:00 PM Eastern Time February 4, 2013 ("Contest Period"). The Contest is open only to legal residents of the U.S., residing in Knox, Blount, Loudon, Anderson, Sevier and Roan counties in Tennessee, who are eighteen (18) years of age or older as of date of entry. Void where prohibited. You are not eligible to enter the contest if you are (i) an employee of the Scripps Media, Inc. (publisher of Metro Pulse), The French Market Creperie (collectively, "Sponsor,", "we," "us," "our"), or their respective parent companies, subsidiaries, affiliates, advertising agencies, public relations agencies, prize suppliers, including any vendors providing services in connection with this Contest (collectively, the "Sponsor Affiliates"), (ii) an employee, agent, director, or officer (including members of their immediate family – i.e., spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren – or same household) of Sponsor or any Sponsor Affiliate, or (iii) a judge for the Contest. By participating, entrants, whether eligible or not, agree to be bound by the Official Rules and the decisions of Sponsor.

TO ENTER: During the Contest Period, entrants must write an original Haiku, which is a Japanese poem consisting of seventeen syllables total, divided into three lines with the first line containing five syllables, the second line consisting of seven syllables, and the third line consisting of five syllables; and the theme of the Haiku must be related to 'brunch', which is a meal that serves as both breakfast and lunch ("Haiku" or "Entry"). Then, to complete entry, the entrant must send an email to editor@metropulse.com and include your original Haiku, including a title for your Haiku, your complete name, street address (no P.O. Boxes), city, state, zip code, date of birth (mm/dd/yyyy), plus daytime and evening telephone numbers. (If you do not have a telephone, state "No Phone." Failure to comply with this or any other official rule will result in disqualification.) Or, you can mail your entry in a hand-addressed, business-size envelope (#10) with first-class postage, to: Metro Pulse Haiku Contest Entry, 602 South Gay St., Second Floor, Knoxville, TN 37902. All Entries must be received by 5:00 PM ET on 2/4/2013. Limit one entry per envelope or email. Sponsor will determine the nature and timeliness of any Entry, and all such determinations shall be within the sole discretion of Sponsor.

Limit one (1) entry per person. To be eligible for Entry, the Entry must meet the Entry Requirements set forth below. No mechanically reproduced entries of any kind permitted. Illegible and incomplete entries are void. Sponsor is not responsible for lost, late, mutilated, postage due, misdirected entries or entries not received. In the event of a dispute over who submitted an email entry, the entry will be deemed to have been submitted by the authorized account holder of the e-mail account from which the email was sent. The authorized account holder is deemed to be the natural person who is assigned to an e-mail address by an Internet access provider, service provider, or online organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address that is primarily associated with the submitting social media platform user. Entries become the property of Sponsor and will not be returned.

ENTRY REQUIREMENTS: Each and every Entry must comply with the following guidelines and, by submitting any entry (whether an Entry or not), you agree and warrant all of the following:

  • (a) the Entry must be owned in its entirety by the entrant;
  • (b) the Entry must not name either of the Sponsors (Metro Pulse or The French Market Creperie) or it will be disqualified;
  • (c) the Entry must be the entrant's own original writing, created and written in its entirety by the entrant only; must not have been previously published, released or distributed in any form; must not have been entered into any other format competition nor won any award; and must not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity;
  • (d) the Entry must not contain any material that would violate or infringe upon the rights of any third party, including without limitation copyrights, trademarks or rights of privacy or publicity, or that is defamatory, threatening, indecent, obscene or offensive, or that is unlawful, in violation of or contrary to any applicable laws or regulations, or which requires a license from any third party;
  • (e) You represent that you have the express consent of any identified persons mentioned in the Entry to use their likeness in the ways set out in these Official Rules, including Sponsor's right to use the Entry for any future commercial purpose without restrictions. Upon request, you will obtain written consent of any such persons for Sponsor. If any person mentioned in the Entry is under the age of majority in their state of residence, the written consent and signature of a parent or legal guardian may be required by Sponsor. The Entry must not contain any personally identifiable information of any person; and
  • (f) the Entry must not contain any material that Sponsor, in its sole discretion, deems inappropriate for public viewing. Without limiting the foregoing, the Entry must not be lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, violate any laws or otherwise contain content which Sponsor in its sole discretion decides is inappropriate or objectionable.

Any entry (whether an Entry or not) that does not comply with the above requirements may not be eligible and, if submitted, may be removed at any time in Sponsor's sole discretion. Sponsor reserves the right in its sole discretion to disqualify any entry that it believes violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these Official Rules. Entrants agree to reimburse Sponsor and Sponsor Affiliates in full in respect of any losses, damages, and expenses, including reasonable attorney fees that they may sustain from the breach of a representation or warranty made by the entrant or the use of any rights granted by the entrant to Sponsor hereunder. By entering, entrant warrants that the submitted entry complies with the entry requirements set out above including those at (a)-(f) above. By entering, entrant grants to Sponsor a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, sub-licensable, assignable license to reproduce that entry (whether an Entry or not and including, without limitation, any Haiku submitted) and to otherwise use, exploit, copy, modify, adapt, edit, publish and display the entry (whether an Entry or not and including, without limitation, any Haiku submitted) in any form, manner, venue, media or technology now known or later developed for any and all purposes, including, without limitation, for purposes of trade, advertising, and promotion as Sponsor and its licensees or assignees determine, without further compensation, notification, or permission. Further, by entering, the entrant hereby waives any moral rights the entrant may have in the entry (whether an Entry or not) in favor of the Sponsor. At Sponsor's request and in its sole discretion, entrants may be required to execute an assignment and release transferring all rights and ownership of their entry (whether an Entry or not) to Sponsor, the form of such assignment to be determined by Sponsor.

Sponsor reserves the right to disqualify any entrant in its sole discretion. If any process fails to operate properly or appears to be tampered with or tainted with errors, fraud or unfair practices, Sponsor reserves the right to use another means to determine the winner(s). Any Entry submitted by entrant must also meet the requirements of the Terms of Use and the Privacy Policy located at www.metropulse.com. Failure to comply with the Official Rules, the Terms of Use, or Privacy Policy (as determined within the sole discretion of the Sponsor) will result in disqualification.

PUBLICITY AND MARKETING: Submission of an entry in the Contest constitutes permission to the Sponsor to use entrant's name, identity, title, likeness, distinctive appearance, physical likeness, image, portrait, picture, photograph (whether still or moving), screen persona, voice, vocal style, statements, gesture, mannerism, personality, performance characteristic, biographical data, signature, social media handles and identities, and any other indicia or imitation of identity or likeness for purposes of advertising and trade, in any medium, without further notice, approval, or compensation, unless prohibited by law. Submission of contact information in connection with this Contest (whether or not required), including without limitation mailing address, phone number, email address, during entry constitutes permission for Sponsor to use entrant's personal information for purposes of administration of the Contest. Entrants information may be added to Sponsor's customer database and by participating, permit Sponsor to contact entrant in the future for promotional and other reasons. You may opt-out of receiving such communications as set forth in Sponsor's Privacy Policy (available at HYPERLINK "http://www.metropulse.com" www.metropulse.com) or as provided within any such marketing materials (e.g., using the "Unsubscribe" feature provided in the footer of Sponsor's emails). You understand that you are providing your information to Sponsor. The information you provide will only be used in accordance with Sponsor's Privacy Policy.

WINNER DETERMINATION: After the Entry Period, a panel of qualified judges ("Judges") selected by Sponsor, will review and score each eligible entry received. The Judges will base their scores on the following weighted criteria: Format (worth 25%):—the haiku must conform to the traditional haiku format of three lines: first line having 5 syllables; second line having 7 syllables; and third line having 5 syllables, for a total of 17 syllables; Execution of Theme (worth 35 %):—the  use of 'brunch' as the theme of the haiku; and Quality of Poetry (worth 40%):—the ability of the writer to evoke humor, opinion, mood, or memories within the reader (collectively, "Judging Criteria").  The Entry receiving the highest number of points based on the Judging Criteria described above will be deemed the First Prize winner; the Entry receiving the second highest number of points will be deemed the Second Prize winner; and the Entry receiving the third highest number of points will be deemed the Third Prize winner (collectively, "Prize Winners" or "Winning Entry"). In the event of a tie, the Judges, in their sole discretion will re-judge the entries receiving the same number of points based on the same Judging Criteria and make the tie-breaking decision.

Prize Winners will be announced on or about 2/28/2013 in the Metro Pulse Yummm! Magazine (the "Publication"). Prize Winners will also be notified by phone/mail using the information provided with the entry. Additional Entries, as selected by Sponsor, may be printed in the Publication. Any Entry selected to be printed in the Publication, whether a Winning Entry or not, is subject to prior approval from any relevant restaurant that may be mentioned in their Entry. If the relevant restaurant does not grant permission, the Entry will not be printed in the Publication. Odds of winning will depend upon the number of eligible entries received. If an insufficient number of entries are received, Sponsor in its sole discretion may reduce the number of winners or cancel the Contest in its entirety. Limit one (1) prize per entry.

PRIZES: The following prizes will be awarded:

One (1) First Prize – the one (1) First Prize Winner will receive one (1) $50 gift certificate to The French Market Creperie (ARV: $50);

One (1) Second Prize – the one (1) Second Prize Winner will receive one (1) $30 gift certificate to The French Market Creperie (ARV: $30);

One (1) Third Prize- the one (1) Third Prize Winner will receive one (1) $20 gift certificate to The French Market Creperie (ARV: $20).

The gift certificates are valid at The French Market Creperie located at 526 South Gay Street Knoxville, TN, 37902 and will expire one (1) year from date issued. Prizes consist of only those items specifically listed as part of the prize. No substitution or transfer/assignment of prize by winners permitted. Restrictions may apply. Subject to all terms, conditions or restriction on gift certificate or imposed by issuer. Winner must pick up his or her prize at Metro Pulse offices located at 602 South Gay St., Second Floor, Knoxville, TN 37902. In the event that there is an insufficient number of entries received that meet the minimum standards determined by the Panel, all prizes will not be awarded. Prizes are awarded "AS IS." All taxes associated with any prize acceptance and use is your sole responsibility. If taxes are applicable to the prize(s), it is your responsibility to pay to the appropriate authorities. Payments to you are subject to the express requirement that you submit to us all documentation requested by us to permit compliance with all applicable state, federal, local and foreign (including provincial) tax reporting and withholding requirements.

Neither Sponsor nor Sponsor Affiliates make or offer any warranty or guarantee, either express or implied (including, without limitation, quality, merchantability and fitness for a particular purpose) in connection with this Contest or any prize. Prize details and availability are subject to change, in which case a prize of equal value may be substituted at Sponsor's sole discretion. Prizes consist only of the items listed, are non-transferable, with no cash redemption or substitution except at Sponsor's sole discretion. Federal, state, or local taxes on prizes, if any and any other costs, fees or expenses not listed above are the sole responsibility of each winner.

NOTIFICATION: Potential winner(s) will be notified by available phone number, mail/email address, or public announcement as determined solely by Sponsor. To claim a Prize, Sponsor may require you (or parent/legal guardian if potential winner is a minor in his/her state of residence) to complete, sign, and return Affidavit of Eligibility/Liability Release/Publicity Release forms, and other applicable documents, which may require a social security number, postmarked within ten (10) days of the date on the notification. At Sponsor's discretion, potential winners may be required to produce a picture or some other form of proper identification to claim any prize. Sponsor reserves the right to substitute any prize with a prize of equal or greater value. If a potential winner cannot be contacted, fails to timely claim the prize, is disqualified, fails to timely execute and return any required forms, including the publishing contract, or if the prize notification is returned as undeliverable, an alternate potential winner will be selected from other potential winners as determined by the Panel. Under no circumstances will more than the advertised number of prizes be awarded.

NO LIABILITY & INDEMNIFICATION: Sponsor and Sponsor Affiliates are not responsible for and entrants release each from any failures of any kind (whether caused by computer, technical, or human error) which may either limit the entrant's ability to submit an entry, claim a prize, or otherwise participate in this Contest, or Sponsor's ability to include all eligible entries, notify potential winners, or otherwise execute this Contest in the manner intended. Entrants further release and agree to indemnify Sponsor and Sponsor Affiliates from any and all liability, claims or actions of any kind whatsoever arising from injuries, damages, or losses to persons or property (including, without limitation, real property and personal property) which may be sustained in connection with this Contest including, but not limited to: (a) the receipt, ownership or use of any prize awarded; (b) any travel or prize-related activity; (c) any typographical or other error in these Official Rules or any other materials disseminated by Sponsor; and (d) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with any equipment, systems, networks, lines, satellites, servers, computers, or providers used by an entrant or Sponsor.

OTHER TERMS: Decisions of Sponsor and/or the Panel on all matters related to the Contest are final. Sponsor reserves the right to cancel or modify the Contest for any reason, including but not limited to, if fraud, misconduct or technical failures destroy the integrity of the Contest, or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper administration of the Contest as determined by Sponsor, in its sole discretion. Sponsor reserves the right to disqualify or prohibit the participation of an individual if fraud or tampering is suspected, or if the individual fails to comply with any requirement of participation or with any provision in these Official Rules. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL & CIVIL LAWS. SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND/OR SEEK DAMAGES FROM ANY INDIVIDUAL MAKING ANY SUCH ATTEMPTS TO THE FULL EXTENT PERMITTED BY LAW.

WINNER LIST: For a list of winners, available after March 1, 2013, send a self-addressed stamped envelope to Haiku Contest Winner List, c/o Metro Pulse, 602 South Gay St., Second Floor, Knoxville, TN 37902 to be received by May 1, 2013

SPONSOR: Scripps Media, Inc. (publisher of Metro Pulse), 602 South Gay St., Second Floor, Knoxville, TN 37902; The French Market Creperie, 526 South Gay Street Knoxville, TN 37902.