SLIM CHICKENS UGC TERMS OF USE

User Generated Content Terms of Use

Slim Chickens Holdings, LLC (“Slim Chickens”, “our”, and “we”) may have recently contacted you about a post of yours that we would like to use in the promotion and marketing of our products and services.  If you decide to grant us such permission, the following terms will apply.

“Content” refers to all of the text (including comments, usernames, or hashtags), images (including photographs, illustrations, or graphics), sound recordings, audio-visual works, and other material that you posted on the internet and that we have requested or that you have offered for our use.

By agreeing to these terms you grant to us and our affiliated entities, representatives, agents, successors, and their respective assigns the nonexclusive, perpetual, irrevocable, fully paid, royalty-free, transferable, sub-licensable rights and licenses to use, copy, modify, distribute, publicly display and perform, publish, transmit, store, repurpose, promote, and commercialize the Content on the internet or in any medium now known or hereafter developed without the need to obtain additional consent, without restriction or notification, and without compensation to you in any way, and to authorize others to do the same.

Nothing contained in these terms obligates us, our affiliated entities, representatives, agents, successors, or their respective assigns to make use or to continue use of any of the Content or any of the rights granted in these terms.  You hereby waive any right to inspect or approve any such use, and you also waive all moral rights, droit moral, and similar rights in the Works, including but not limited to the rights to attribution and integrity.  You further waive any rights or claims of invasion, misappropriation, privacy or publicity and grant us the right to use any names, usernames, or hashtags included with the Content as posted or submitted by you; provided, however, that we are under no obligation to include such names or terms in our use of the Content.

You represent and warrant the following:  (i) you own all rights in and to the Content, (ii) if the Content is subject to third party rights, you have the necessary rights and authority to use and publish all information and material posted or made available by you, and to grant the rights and licenses given to us in these terms, including but not limited to the rights of publicity and privacy for any person featured in the Content and the copyright, trademark and other proprietary rights in the Content, (iii) you are at least thirteen years old, (iv) if parental permission is required to use, disclose, or publish the Content, you are authorized to grant such permission and hereby do so, and (iv) the Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive.  If we become aware that any of these representations and warranties are or may be false, we reserve the right to terminate use of the Content and, if applicable, to restrict the use of the Content from entry into our promotions.  Regardless of our decision to use or to terminate use of the Content, you hereby release, discharge and agree to hold us, and any person acting on our behalf, harmless from any liability related in any way to the use of the Content.  We are not responsible for the use or disclosure of any personal information that you voluntarily publish or disclose in connection with the Content.

All applicable laws of the United States and the State of Arkansas will govern our use of the Content.

IF YOU DISAGREE WITH THE RIGHTS AND LICENSES GRANTED IN THESE TERMS, OR IF YOU DO NOT OWN OR HAVE AUTHORIZATION TO GRANT SUCH RIGHTS AND LICENSES, DO NOT ACCEPT THESE TERMS.

As the user who submitted or posted the Content and who grants us the rights and licenses in these terms, you may request removal of the Content from our website by emailing your request together with a link to the Content you wish to have removed, to us at info@slimchickens.com.

DMCA Notices.  We respond to notices of alleged copyright infringement and terminate submissions from repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act (the “DMCA”). If you believe that your work has been copied in a way that constitutes copyright infringement, please send the following information to our designated Copyright Agent at info@slimchickens.com:

• Your address, telephone number, and email address.
• A description of the copyrighted work that you claim has been infringed.
• A description of where the alleged infringing material is found on the website.
• A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.
• A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright that is allegedly infringed.

To sign and accept these terms, please reply, with the hashtag you were given at the time we shared these terms with you, in the comments of the Content you wish us to use.  If you are offering Content to us in connection with a promotion, by submitting an entry form you agree to these terms, and additional terms and conditions may apply.

Effective date of this policy: 10/20/2017

SLIM CHICKENS ECLUB VIP PROMOTION OFFICIAL RULES

 

This Slim Chickens EClub VIP promotion (the “Promotion”) is offered by Slim Chickens Holdings, LLC (the “Sponsor”).

 

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. PARTICIPATION IN THE PROMOTION CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE OFFICIAL RULES. Individuals who participate in the Promotion are called an “Entrant” for the purposes of these official rules (the “Official Rules”).

 

1. Eligibility. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. The Promotion is open to individuals who are at least eighteen (18) years of age. Entrants must be legal residents of the United States or the District of Columbia (the “Promotion Area”). Employees, agents, officers, directors, shareholders, members, managers, franchisees, and owners of the Sponsor and their immediate family members are not eligible to enter or win. Past winners of other promotions and contests offered by Sponsor within the previous six (6) months and their immediate family members are not eligible to enter or win.

 

2. Promotion Period. The Promotion begins approximately 3 months prior to the participating location’s opening date and ends on opening day of the participating location (the “Promotion Period”).

 

3. How to Enter. Entrants may enter the Promotion online by accessing and completing the EClub signup form located on the participating locations page on www.slimchickens.com during the Promotion Period. Entrants will be asked to provide certain contact information and information about themselves. PLEASE NOTE: to be eligible to receive a Prize (see additional information below), entries must be received by Sponsor by 11:59 PM CST on the last day of the Promotion Period.

 

PLEASE NOTE: All Entrants will be automatically enrolled in the Slim Chickens eClub as a mandatory part of the Promotion. By participating in the Promotion and submitting an entry, you are agreeing to participate in the Slim Chickens eClub, including receiving periodic electronic communications from Sponsor.

 

TO UNSUBSCRIBE FROM THE SLIM CHICKENS ECLUB: you may unsubscribe from the Slim Chickens eClub at any time by clicking the “unsubscribe” link found at the bottom of every eClub communication and completing the process as instructed. However, for the purposes of the Promotion, you must remain a member of the Slim Chickens eClub during the Promotion Period to be eligible for a Prize.

 

Limit one entry per person. Sponsor will void any Entrant who submits ineligible entries. Sponsor reserves the right to verify eligibility of all Entrants. Illegible and incomplete entries will be void.

 

4. Prizes; Winners.The Promotion features one hundred (1) prizes (the “Prize”). The Prize will consist of one $10 Slim Chickens Gift Card and an assortment of Slim Chickens Swag.

 

After the end of the Promotion Period, Sponsor or its agent will conduct a drawing from among all eligible entries received during the Promotion Period. The entries will be arranged by entry date and the first one hundred Entrants will receive the Prize.

 

The maximum cash equivalent of the Prize will be limited to Fifty Dollars ($50.00).

 

Limit one (1) prize. The Prizes are subject to availability. No portion of the Prize may be transferred, redeemed for cash, or substituted, except by Sponsor in its sole discretion. Sponsor reserves the right to substitute all or any portion of the Prize with a prize of equal or greater value for any reason, including, without limitation, availability. All expenses not specifically identified as included in the Prize are the sole responsibility of winner. The Prize are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, implied warranty of merchantability or fitness for a particular purpose). Acceptance and use of the Prize is at winner’s sole risk and Sponsor is not responsible for any damages whatsoever including special, indirect, or consequential damages, arising in connection with the use or misuse of the Prize. Winners of the Prize will be solely responsible for all federal, state, and local taxes and fees and other expenses associated with receiving and using the Prize.

 

The odds of winning the Prize will depend on the number of eligible entries received during the Promotion Period.

 

Notification of the winner will occur within five (5) business days after the winners are selected. The selected individuals will be notified according to the contact information provided by the Entrant in the Entry. The winner may be required to complete and return to Sponsor an identity verification questionnaire and a liability and publicity release within three (3) days, or the Prize will be forfeited and Sponsor may select an alternate winner (and in such case this process will be repeated).

 

In consideration for being awarded the Prize, the Prize winner hereby agrees and consents to Sponsor’s use, without further authorization, compensation, or remuneration of any kind, of the winner’s name and/or likeness in any and all advertising, promotions, and other publicity conducted by Sponsor and its affiliated entities, representatives, and agents, except where prohibited by law.

 

5. Entry Requirements. In order to participate in the Promotion, Entrants will be required to supply certain information about themselves. Sponsor has specified which information is mandatory in order to participate in the Promotion. By entering the Promotion and providing an entry, you understand that your entry and information may be featured on or in Sponsor’s website, social media accounts, and other public and private marketing communications. By providing an entry, you waive and release any rights you may have with respect to Sponsor using the entry and the submitted information for Sponsor’s purposes, including commercial purposes.

 

By entering the Promotion and submitting an entry, you are enrolling in the Slim Chickens eClub as a mandatory part of the Promotion, and you hereby agree to receive periodic electronic communications from Sponsor as a member of the Slim Chickens eClub.

 

YOU MAY UNSUBSCRIBE FROM THE SLIM CHICKENS ECLUB AT ANY TIME by clicking the “unsubscribe” link found at the bottom of every eClub communication and completing the process as instructed. However, for the purposes of the Promotion, you must remain a member of the Slim Chickens eClub during the Promotion Period to be eligible for a Prize.

 

By entering the Promotion and submitting an entry, you make the following representations and warranties to Sponsor: (i) the entry contains true and correct information and is your voluntary choice; (ii) if submitting an entry on behalf of another person, you have permission and authority to enter the entry on behalf of that individual and the individual is over eighteen (18) years of age and has notice of such entry; (iii) your entry does not contain obscene, profane, lewd, defamatory, unlawful or inappropriate content, or content disparaging to Sponsor – all as determined in Sponsor’s sole discretion; (iv) your entry does not violate the privacy, property, or publicity rights of any person, living or deceased; (v) your entry does not copy or otherwise plagiarize information from or another person; and (vi) you agree to abide by these Official Rules. Entries should not contain any third party materials, copyrights, trademarks, logos or any other mark identifying a third party brand. Sponsor reserves the right to void and/or remove any entry that it considers in its exclusive discretion to violate any of the above representations and warranties.

 

Any entry that does not meet the requirements of this section and otherwise in these Official Rules will be disqualified and void.

 

6. General Promotion Conditions. The Promotion is subject to applicable federal, state, and local laws. The Promotion is further subject to these Official Rules. Entrants are solely responsible for complying with all terms and conditions of the Official Rules. All Entrants agree to be bound by the decisions of Sponsor. Entrants waive any right to claim ambiguity in the Promotion or these Official Rules. Sponsor reserves the right to modify the scheduling of the Promotion without prior notification, and the right to make changes or additions to these Official Rules for any reason at any time. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision.

 

All entrants are solely responsible for maintaining the technological, hardware, and internet capabilities required to submit entries. Sponsor will not be responsible or liable in any manner for any Entrant’s or person’s inability to submit an eligible Entry, including, but not limited to, entries that are late, lost, damaged, misdirected, incomplete, illegible, undeliverable, destroyed due to hardware, software, network or system errors, or failures of any kind.

 

Sponsor may prohibit any Entrant from participating in the Promotion or winning a Prize if Sponsor determines in its sole discretion that the Entrant is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or other unfair playing practices or intending to annoy, abuse, threaten, or harass any other Entrants or Sponsor representatives. Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.

 

If for any reason this Promotion is not capable of running as planned, then Sponsor reserves its right at its sole discretion to cancel, terminate, modify, or suspend the Promotion.

 

7. Release; License to Use. Except where prohibited by law, an Entrant’s submission of an entry constitutes the Entrant’s irrevocable, sub-licensable, absolute right, and permission for Sponsor and its affiliated entities, representatives, and agents, to use, publish, post, or display Entrant’s name, photograph, video, likeness, statements, information, city and state, Prize information (as applicable), any quotes attributable to him or her, and any other indicia of person (regardless of whether modified, edited, used alone, or used with other material in the Sponsor’s sole discretion) for any purpose, including but not limited to advertising, trade, promotional, and publicity purposes, on a worldwide basis, and in all forms of media now known or hereafter devised, in perpetuity, without further authorization, notification, opportunity to review, approval, or compensation of any kind. Each Entrant releases Sponsor and its affiliated entities, representatives, and agents from any and all liability related thereto. Nothing contained in these Official Rules obligates the Sponsor, its affiliated entities, or its representatives and agents to make use of any of the rights granted in this Rules, and each Entrant waives any right to inspect or approve any such use.

 

8. Limitations on Liability. WINNERS AND ENTRANTS RELEASE AND AGREE TO INDEMNIFY, HOLD HARMLESS, AND REIMBURSE SPONSOR AND ITS RESPECTIVE MANAGERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND REPRESENTATIVES (INCLUDING THE PROMOTION ADMINISTRATOR) FROM AND AGAINST ANY LIABILITY FOR ANY DAMAGES, INJURY, OR LOSSES, TO ANY PERSON (INCLUDING DEATH), OR PROPERTY, OF ANY KIND RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE GRAND PRIZE, A PRIZE, OR PARTICIPATION IN THIS PROMOTION OR IN ANY PROMOTION-RELATED ACTIVITY.

 

To the maximum extent permitted by law, Sponsor and its affiliated entities, representatives, and agents will not be responsible or otherwise liable for any reason for any damages or losses of any kind, including direct, indirect, incidental, consequential, or punitive damages related to the Promotion, including any access to or use of the website or any downloading from or printing material from the website. Everything on the website is provided “as is” without warranty of any kind, either expressed or implied.

 

9. No Rights to Trademarks. All rights in the Slim Chickens name and all related marks and designs (collectively, “Trademarks”) are owned and reserved by third parties, whether or not appearing with the trademark symbol. The Trademarks are used by Sponsor in the Promotion with permission. Entrants are expressly prohibited from using any Trademarks, and nothing otherwise stated or implied in the Promotion or these Official Rules confers on any Entrant any license or right to do so. All use of any such Trademarks by Entrants, including reproduction or imitation, is unauthorized and prohibited

 

10. List of Winners. To obtain a list of the Promotion winners, available ten (10) days after the Promotion Period, send a self-addressed, stamped envelope with your request to: Slim Chickens EClub VIP Promotion, Slim Chickens Holdings, LLC, c/o Archetype Productions LLC, 831 S. School Ave. Fayetteville, AR 72701. Please include the participating location with your request.

 

11. Disputes. Except where prohibited, each Entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or connected with this Promotion or any Prize will be resolved individually and exclusively by binding arbitration to be held in Fayetteville, Washington County, Arkansas; (ii) all claims, judgments and awards on behalf of Entrant will be limited to lesser of actual out-of-pocket costs incurred by the Entrant or the maximum cash equivalent of the applicable Prize; (iii) attorneys’ fees will not be awarded or available to Entrant; and (iv) this Promotion and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of Arkansas without giving effect to conflicts of law or choice of law principles or rules that would cause the application of any other state’s laws. ENTRANT ACKNOWLEDGES AND AGREES THAT HE OR SHE HEREBY WAIVES AND RELEASES ANY RIGHT TO BRING A DISPUTE AS A CLASS ACTION OR PARTICIPATE IN THE SAME.

 

12. Copies of Official Rules. For a copy of these Official Rules, mail a self-addressed stamped envelope to be received by the last day of the Promotion Period to: Slim Chickens EClub VIP Promotion, Request for Official Rules, Slim Chickens Holdings, LLC, c/o Archetype Productions LLC, 831 S. School Ave. Fayetteville, AR 72701.

 

SPONSOR: Slim Chickens Holdings, LLC, c/o Archetype Productions LLC, 831 S. School Ave. Fayetteville, AR 72701

 

ADMINISTRATOR: Archetype Productions LLC, 831 S. School Ave. Fayetteville, AR 72701