1. NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR TO WIN. ALL U.S. FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.

2. HOW TO ENTER:

This Contest will begin at 12:00 AM EDT on Friday, October 25, 2024, and will end at 11:59 PM EDT on Wednesday, February 12, 2025 (the “Contest Entry Period”). The Alliance will be the official timekeeper for the Contest.

To participate in the Contest, the Participant must submit an original digitally created or hand-drawn design (each, a “Design Entry”) capable of display on an 11” x 17” poster no later than 11:59 PM EDT on Wednesday, February 12, 2025.

The Design Entry may be digitally created or hand-drawn, subject to the conditions herein:

• Each Design Entry must be uploaded as a digital file (PNG or JPG) attachment
• No photographs of original artwork will be accepted.
• The Event title, “Noonday Shanty 5&10K,” must be included within the Design Entry.
• No facsimiles or mechanical reproductions are permitted.
• After submission of a Design Entry, each Design Entry shall become the exclusive property of the Alliance, and no Design Entries will be returned.
• A maximum of three (3) entries may be submitted by each Participant during the Contest Entry Period. Any questions regarding the number of entries submitted shall be determined by the Alliance in its sole discretion. The Alliance reserves the right to disqualify any entries by persons who submit false or misleading entry information or who the Alliance determines to be tampering with or abusing any aspect of the Contest.
• The use of multiple identities and/or accounts is prohibited, and any attempt to obtain more than the stated number of entries will void that Participant’s entries and may result in Participant’s disqualification. Incomplete, forged, altered, automated, mechanically reproduced, lost, late, misdirected, garbled, illegible entries, or entries that do not meet the requirements specified herein may be disqualified at the sole discretion of the Alliance.

3. ELIGIBILITY

Subject to the additional restrictions herein, the Contest is open to legal residents of the State of Georgia who are physically located in the U.S. at the time of entry. Employees, officers, and directors of the Town Center Community Improvement District (the “Town Center CID”), ORION Racing, LLC (“ORION”), and the Alliance (and the immediate family members of any such employee, officer or director, and any person residing in their same households, whether or not related) are not eligible to participate in the Contest. The term “immediate family members” includes spouses, parents, grandparents, siblings, children, grandchildren, and their respective spouses, regardless of where they reside. Proof of sending or submission of an entry will not be deemed proof of receipt by the Alliance.

Individuals under the age of eighteen (18) years old who wish to submit a Design Entry must have a Qualifying Adult give permission to such individual to sponsor the submission of a Design Entry. A “Qualifying Adult” is herein defined as one of the following: (1) a parent or legal guardian, (2) a teacher, counselor, or other school official (acting with parental/legal guardian permission), or (3) an employee of a community center or social worker (acting with parental/legal guardian permission).

4. ENTRY RESTRICTIONS

Participant must be the sole author of the Design Entry. In addition, a Design Entry (1) cannot depict trademarked apparel; (2) cannot contain any nudity, sexually explicit, disparaging, libelous, or other inappropriate content (all as determined in the sole discretion of the Alliance); (4) cannot contain any commercial content that promotes any product(s) or service(s) other than the Alliance or the Noonday Shanty 5 & 10K; (5) cannot contain any trademarks, copyrighted works or other intellectual property other than works and intellectual property that Participant owns, or for which Participant has obtained royalty-free rights for Alliance, the Town Center CID, and Start2Finish to use in connection with this Contest and related events (collectively, “Authorized Assets”).

Any and all elements appearing in a Design Entry must be entirely original, created by the Participant, be in the public domain, or be an Authorized Asset, as defined herein. The use of any materials that are not original to the Participant, not in the public domain, or that are not Authorized Assets may result in disqualification. The Alliance reserves the right to disqualify any entry that violates the foregoing restrictions, as determined by the Alliance in its sole discretion.

5. PRIZE

One (1) First Winner Design Prize:

Subject to verification of eligibility and compliance with these Official Contest Rules, the Participant who submits the winning Design Entry, as determined in the sole judgment of the Alliance, will be chosen as the one (1) first place winner (the “First Winner”). The First Winner will receive a check for $250.00 (the “First Prize”).

One (1) Second Winner Design Prize:

Subject to verification of eligibility and compliance with these Official Contest Rules, the Participant who submits the runner-up Design Entry, as determined in the sole judgment of the Alliance, will be chosen as the one (1) Second Winner (the “Second Winner”) (hereafter, each First Winner and Second Winner are sometimes referred to individually as a “Winner” and collectively as the “Winners”). The Second Winner will receive a check for $100.00 (the “Second Prize”) (the First Prize and Second Prize are herein sometimes referred to generally as a “Prize” and collectively as the “Prizes”).

The total Approximate Retail Value (“ARV”) of all prizes to be awarded in the Contest is $350.00.

If a potential First Winner or Second Winner is under the age of eighteen (18) years old (a “Potential Minor Winner”), Alliance reserves the right to award a Prize in the name of Potential Minor Winner’s parent and/or legal guardian, and these Official Contest Rules will apply to the Alliance’s awarding of a Prize. Prior to the awarding of any Prize to a Potential Minor Winner, such Participant’s parent or guardian must complete and submit a Release and Transfer For Minor Participant Form within five (5) business days after notification by the Alliance.

Limit:

One (1) Prize per person and per household.

6. ODDS

The odds of winning depend upon the total number of eligible entries received.

7. WINNER NOTIFICATION AND ACCEPTANCE

The Alliance will notify a potential First Winner and a potential Second Winner within fourteen (14) days following the Contest Entry Period using the email address provided in the entry email. If a potential Winner does not respond to the Alliance’s notification or attempted notice within seventy-two (72) hours, the Alliance reserves the right to determine an alternate First Winner or Second Winner, respectively, or not to award a Prize, in its sole discretion. A Prize is nonassignable and nontransferable to any entity or person other than Winner. No substitutions are allowed. Failure of a Winner to comply with any term or condition of these Official Contest Rules may, in the sole discretion of the Alliance, result in disqualification and the forfeiture of the Prize.

Participation in the Contest constitutes a Participant’s consent to publicize the submitted Design Entry as well as the Participant’s name, city and state of residence, voice, photogrph image, and/ or other likeness, and Prize information in promotional material of the Alliance, the Town Center CID, Start2Finish, and each of their respective designees in any media now known or hereafter devised, throughout the world, in perpetuity, for any commercial or promotional purpose, without limitation and without additional compensation or consideration, notification or permission, unless prohibited by law.

Each Winner will be required to complete a Release and Transfer Form, which must be returned within five (5) business days after notification by the Alliance. 

If a Winner is under the age of eighteen (18) years old, such Participant’s parent or guardian must complete and submit a Release and Transfer For Minor Participant Form within five (5) business days after notification by the Alliance.

A PARTICIPANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL THE ALLIANCE HAS COMPLETED ITS VERIFICATION OF PARTICIPANT’S ELIGIBILITY.

Winner is solely responsible for reporting and payment of any taxes on a Prize. Winner may be required to provide his/her valid Social Security Number to the Alliance for tax purposes and/or complete an IRS W-9 form in order to claim the Prize. Winner is solely responsible for all federal, state, and local taxes on Prize value and, as applicable, will be issued an IRS Form 1099 based on the Prize value determined by the Alliance. If a Prize is not claimed by an eligible Winner in accordance with these Official Contest Rules, no Prize will be awarded and any such Prize will remain the sole property of the Alliance.

Fourteen (14) days following the end of the Contest Entry Period, the name of the Winners may be obtained by sending a request with a self-addressed, stamped envelope to Town Center Community Alliance, Inc., Attn: Poster Design Contest, 1825 Barrett Lakes Boulevard, Suite 250, Kennesaw, GA 30144.

8. PARTICIPATION

Participation in the Contest constitutes an agreement by each Participant to comply with these Official Contest Rules and the decisions of the Alliance, which are final and binding in all respects. The Alliance reserves the right to cancel, suspend, or modify the Contest (or any portion thereof) for any or no reason, or if the Alliance determines, in its sole discretion, that fraud, technical failures, tampering, or other causes corrupt, compromise, or impair the administration, security, fairness, integrity, or proper operation of the Contest (or any portion thereof).

The Alliance reserves the right to disqualify Participants found tampering with, failing to cooperate with, or otherwise abusing any aspect of this Contest, as solely determined by the Alliance. The Alliance disclaims any responsibility to notify Participant of any aspect related to the conduct of the Contest.

By participating, each Participant agrees that the Alliance shall not be responsible for delays, technical or mechanical difficulties, non-authorized human intervention, tampering, human error, malfunctions, or failures of any kind, whether originating with Participant, the Alliance, the Town Center CID, Start2Finish, or any third party, including, without limitation, the malfunction of any telephone, cable or satellite network, computer network, or equipment. The Alliance is not responsible for any events beyond its control.

9. RELEASE

By participating in the Contest, Participant agrees to fully release, forever discharge and hold harmless the Town Center Community Alliance, Inc., the Town Center CID, Start2Finish, and each of their respective directors, officers, employees, attorneys, licensees, distributors, dealers, retailers, printers, representatives, advertising and promotion agencies, and any and all other companies associated with the Contest, and all of their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) from any liability whatsoever for any claims, costs, promises, demands, causes of action, injuries, losses, or damages of any kind arising out of or in connection with, directly or indirectly, in whole or in part, the Contest, preparation for, or participation in the Contest or with the acceptance, receipt, possession, use or misuse of any Prize or any travel or activity related to the receipt, possession, use or misuse of any Prize, including, without limitation, claims, costs, promises, injuries, losses and damages related to personal injury, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light.

By entering the Contest, Participant agrees that the Alliance, the Town Center CID, Start2Finish, their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and Prize suppliers, and each such company’s officers, directors, employees, agents, representatives, and successors and assigns have the absolute right and permission to publish Participant’s Design Entry online, including on social media platforms or the Alliance’s website, and to broadcast, publish, or otherwise use the Design Entry and/or Participant’s biographical information, and likeness in connection with the Contest or for any commercial, publicity, or promotional purpose without limitation, review or approval, or compensation to Participant.

By entering, Participant grants the Released Parties an exclusive, royalty-free, and irrevocable ownership and right (but not the obligation) to telecast, broadcast, copy, edit, adapt, modify, reproduce, publish, create derivative works of, distribute, use, sell, or otherwise publicly display each Participant Design Entry, or any portion thereof, in any manner or medium throughout the world in perpetuity, for commercial, publicity, or promotional purposes, and to license others to do so, without limitation, review, or approval, or compensation to Participant.

10. LIMITATIONS OF LIABILITY

By entering the Contest, each Participant acknowledges and agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any Prize awarded, shall be resolved individually, without resort to any form of class action which is waived; (2) any and all claims, judgments, and awards shall be limited to the face value of the collective Prizes ($350.00); (3) under no circumstances will any Participant be permitted to obtain any award for, and Participant hereby waives all rights to claim, punitive, incidental, indirect, special, or consequential damages and/ or any other damages against the Alliance or the Town Center CID; and (4) any dispute that cannot be resolved informally shall be resolved through binding arbitration, the Participant and the Alliance hereby waiving any right to a jury trial.

Participant acknowledges and agrees that everything regarding this Contest, including the Alliance’s website and any Prize, is provided “as is” and that the Alliance makes no representations or warranties of any kind, express or implied, about the Prize and the Alliance hereby disclaims all such warranties, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose.

The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Participants, printing or production errors, or by any of the equipment or programming associated with or employed in the Contest; (2) technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest, the processing of entries, or the notification of the Winners; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from a Participant’s participation in the Contest or receipt or use or misuse of any prize. Only the Prizes stated in these Official Contest Rules are available to be won in the Contest.

11. CONSTRUCTION

All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Contest Rules, or the rights and obligations of the Participant and the Alliance in connection with the Contest, shall be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any choice of law or conflict of law rules or provisions (whether of the state of Georgia, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Georgia. The invalidity or unenforceability of any provision of these Official Contest Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Contest Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

12. NO VIOLATION OF THIRD-PARTY RIGHTS

By entering the Contest, Participant represents and warrants that (1) any Design Entry submitted by the Participant is original, was legally obtained and created, and does not infringe the intellectual property rights or other legal, equitable, or moral rights of any third party; (2) Participant has obtained permission to submit the Design Entry from any person named, described, or appearing in the Design Entry and from the owners of all locations appearing in a Design Entry, and Participant is able to make such authorizations available to the Alliance upon request; (3) the entry submitted by Participant has not previously been published or accepted for publication and is not currently under consideration for publication; and (4) Participant will not disseminate or otherwise submit the Design Entry to any other entity for publication.

13. SPONSOR

The Contest is sponsored by the Town Center Community Alliance, Inc. The decisions of the Alliance regarding the selection of the Winners, the eligibility of a Recipient, and all other aspects of the Contest shall be final and binding in all respects. The Alliance will not be responsible for typographical, printing or other inadvertent errors in these Official Contest Rules or other materials or announcements relating to the Contest.

If you have any questions regarding this Contest, please contact the Alliance via email at courtney@towncentercid.com or by mail at the above-listed address.

14. INDEMNIFICATION

If Alliance’s use of Participant’s Design Entry causes the Alliance and/or any other Released Parties to be subject to a claim by any third party, Participant agrees to indemnify and hold harmless the Alliance and Released Parties, and all persons acting by, through, under, or in concert with the Released Parties, against any and all damages, costs, judgments, and expenses (including reasonable attorney’s fees) which the Released Parties (or any one of them) may incur as a result of the use of Participant’s Design Entry.