Official Rules

BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE CONTEST PARTIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

  1. ELIGIBILITY: Frankie's Naming Contest (“Contest”) is open only to legal residents of the fifty (50) United States (excluding Florida) and the District of Columbia, who are eighteen (18) years of age or older as of the date of entry. Employees, officers and directors of ABC Media LLC (“Sponsor”), Realtime Media LLC (“Administrator”) and their respective parent companies, affiliates, subsidiaries, advertising, contest, fulfillment and marketing agencies (collectively, the “Contest Parties”), their immediate family members and those living in the same household as such individuals (whether legally related or not), are not eligible to participate in the Contest or win a prize. For purposes of this Contest, immediate family members are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren and their respective spouses, and those living in the same household shall mean people who share the same residence at least three (3) months a year, whether legally related or not. In the event that a household, based on address, enters the Contest using more than five (5) unique email addresses, all of the Contest entries associated with that household (determined by Sponsor or Administrator at their sole discretion) will be disqualified. Void in Florida and where prohibited by law. All federal, state and local laws and regulations apply. By participating in the Contest, you unconditionally accept and agree to comply with and abide by these “Official Rules” and the decisions of Sponsor, including the interpretation of these Official Rules, administration of the Contest, selection of the winning Entries, and Sponsor's exercise of discretion, which will be final, non-appealable, and binding in all respects.

  2. TIMING: The Contest entry period begins at or about 12:01 a.m. Pacific Time (“PT”) on March 14, 2025 and ends at 11:59:59 p.m. PT on March 20, 2025 (the “Entry Period”). The Entry Period is followed by a “Judging Period” which begins March 21, 2025 and ends April 3, 2025. The top three (3) entries will then be posted online for public voting, which begins at 9:00 a.m. PT on April 4, 2025 and ends at 11:59:59 p.m. PT on April 8, 2025 (“Voting Period”). Winners will be announced on or around April 17, 2025. The Entry Period, Judging Period, and Voting Period are collectively referred to as the “Contest Period”. The designated computer clock of the Sponsor is the official time-keeping device in the Contest. The winning name (i.e., the Finalist Entry receiving the most votes) may be publicly revealed as early as April 9, 2025, including on social media or through other promotional content, even if individual winners have not yet been verified or announced.

  3. HOW TO PARTICIPATE: During the Entry Period, visit FrankieCContest.com (“Website”) and complete and submit an official entry form, including your full name, email address and your suggested name for Frankie C's new protein brownie product. You will receive one (1) “Entry” into the Contest, subject to the limit and Entry Requirements noted below. By entering the Contest you agree to receive marketing communications via email from the Sponsor, its affiliates or transferees. You may opt-out of such messages at any time by clicking the “unsubscribe” link in any such message. The Contest Parties are not responsible for technical difficulties of any kind, or for false, incorrect, changed, incomplete or illegible contact information.

    LIMIT: Up to three (3) Entries per person. Attempts made by the same individual to earn more than the stated number of entries by using multiple or false contact information, accounts or otherwise may result in disqualification. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. Entries that are in excess of the stated limit(s), incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Contest at Sponsor's sole and absolute discretion. Those who do not follow all instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified. Entries submitted by those who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. All materials submitted become the property of Sponsor and will not be returned. In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the registered account holder of the email address associated with the entry for the domain associated with the submitted address, provided that person is eligible. Any potential winner may be required to show proof of being the registered account holder. Registered account holder is defined as the person assigned to an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses. In the event that a dispute regarding the identity of the individual who submitted an entry cannot be resolved to Sponsor's satisfaction, the affected entry will be deemed ineligible.

  4. ENTRY REQUIREMENTS: Entries must comply with the following:

    • Must be in the English language.
    • Must be three (3) words or less.
    • Must be free of any existing trademarks or copyrights (registered or common law protection).
    • Must not contain material that violates or infringes another's rights, including, but not limited to, privacy, publicity or intellectual property rights, including copyright infringement, or legal or moral rights of any third party, living or deceased.
    • Must not disparage Sponsor, Administrator or any other person or party affiliated with the promotion and administration of this Contest.
    • Must not include any personally-identifiable information.
    • Must be the original work of the entrant and must not contain quotes, parodies or other materials not created by entrant.
    • Must not have been submitted previously in a promotion or contest of any kind and has not been exhibited or distributed currently or previously in any media.
    • Must not contain, facilitate, reference, or use material that is fraudulent, inappropriate, indecent, lewd, pornographic, obscene, hateful, tortious, defamatory, slanderous or libelous.
    • Cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or contain nudity or any materially dangerous activity.
    • Must not contain, facilitate, reference or use material that contains prohibited content which shall include, but is not limited to content that promotes, suggests, or encourages:
      • gambling, including any content related to online casinos, sports books, or bingo;
      • the use of firearms/weapons/ammunition, any illegal drugs, prostitution, pornography, nudity, profanity or other adult content, violence, or the use of alcohol or tobacco products;
      • taking up of arms against any person, government or entity or otherwise challenge or seek to overthrow any government;
    • Must not contain, facilitate, reference, or use material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, ethnicity, religion, nationality, disability, sexual orientation, political orientation, citizenship, ancestry, marital status, or age; and
    • Must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the entry was created.

    By submitting an Entry, you represent and warrant that your Entry is original to you, that the Entry has not been previously published, has not won previous awards and that neither it nor its contents infringe upon or violate the rights of any third party, including any copyrights, trademarks, rights of privacy, publicity or other intellectual property. By submitting an Entry, you warrant and represent that you consent to the submission and use of the Entry in the Contest, to its publication for public voting if selected as a Finalist in this Contest, and to its use as otherwise set forth herein.

    By submitting an Entry, you acknowledge and agree that Sponsor may receive other Entries under this Contest that may be similar or identical to the Entry submitted by you, and you waive any and all claims you may have had, may have, and/or may have in the future, that any other Entry reviewed and/or used by Sponsor may be similar to your Entry and you understand that you will not be entitled to any compensation because of Sponsor's use of such other similar or identical material.

  5. TRANSFER OF OWNERSHIP AND ALTERNATIVELY LICENSE TO ENTRIES: Entrant, upon submission of their Entry to the Contest, irrevocably transfers and otherwise assigns all rights, ownership, interest and benefits to Sponsor, and each of its licensees, successors and assigns, ownership and equitable rights, interest and benefits to the Entry with no right of redemption or consideration beyond that called for in this Contest. In the event that transfer or otherwise assignment is not available, Entrant grants to Sponsor, and each of its licensees, successors and assigns, the exclusive, perpetual, royalty-free, no-cost license, assignable, transferable and right to use and otherwise exploit the Entry, and all text and materials included or depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised (including, without limitation, streaming media, film, television, print, interactive devices, mobile media, Internet and on-line systems), throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, recreate, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine it with other material and otherwise use and exploit it without having to give any compensation or attribution to entrants or any third party, except for the awarding of the prizes to the winners in this Contest. Entrant is not entitled to any recognition or other disclosure or reference, except as specifically stated in this Contest. Entrant and/or winners have no right to notice or requirement of consent to any sublicense, transfer or assignment of their Entry by Sponsor.

    As part of this Contest, Sponsor grants each entrant a limited, revocable, non-sublicensable license to use their name, product, trademarks, and logos (collectively, the “Sponsor's IP”) for the sole purpose of participating in this Contest. You are not permitted to make any further use of the Sponsor's IP for any purpose whatsoever. In addition, you recognize that all rights, title, and interest in the Sponsor's IP shall vest exclusively to the Sponsor, and you agree that you have not and will not take any action that might harm or adversely affect such rights. No right, title, or interest in and to the Sponsor's IP, except for the limited license granted to you in these Official Rules is transferred or created. You further acknowledge and agree that the Sponsor's IP rights are valid and enforceable, and that you shall do nothing to challenge the validity or enforceability of the Sponsor's IP in any forum. You agree that the use of the Sponsor's IP is permitted only for the purpose of creating an Entry in this Contest, and that any use of the Sponsor's IP (whether in the Entry or otherwise) beyond this scope infringes the rights of the Sponsor and will result in irreparable harm to the Sponsor.

    Entrants agree that during the Entry Period, they shall not make, and shall not permit, any other public use, display or distribution of the Entries, and they shall maintain all rights without encumbrances so that, if Sponsor desires, entrants can assign all rights in and to Entries. Entrants agree that the opportunity to be the winner is sufficient consideration for the transfer or all rights and the alternative license herein. Sponsor, and each of its successors, assigns and licensees, will have the right to make unlimited derivative works of Entries, to assign or transfer any or all of Sponsor's granted rights and to grant unlimited, multiple-level sublicenses. Without limiting the forgoing, Sponsor will have the right to use, modify, alter, or add to the Entries submitted as part of the Contest, and all text and materials included or depicted therein (if any), in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. Entrants hereby forever waive and relinquish all “moral rights (droit moral)” now or hereafter recognized in connection with Entries submitted as part of the Contest.

    Entrants acknowledge that as a condition of participating in the Contest and/or being selected as a winner, Sponsor may request that the entrant's Entry, and any rights therein, be assigned to Sponsor and entrants may be required to confirm such assignment by completing and submitting the Declaration (defined below) (and any other documents reasonably required by Sponsor) or such entrant will otherwise be disqualified from receiving their prize. Entrants must maintain the ability to assign all such rights to Sponsor free of any limitations, restrictions or third-party obligations. Entrants agree that Sponsor shall have the sole discretion in determining the extent and manner of use of Entries and are not obligated to use any Entry. Entrants agree that Sponsor, nor its agents, shall be responsible for return or preservation of the Entries submitted. All Entries that are posted on the Website or elsewhere are available to be viewed by anyone with access to the Internet.

    Each entrant acknowledges that Entries are not being submitted in confidence or in trust to Sponsor and that no confidential or fiduciary relationship is intended or created. Each entrant acknowledges that Sponsor and other entrants may have created ideas and concepts contained in their Entries that may have familiarities or similarities to his/her own Entry, and that he/she will not be entitled to any compensation or right to negotiate with the Contest Parties because of these familiarities or similarities. Notwithstanding any custom and practice in the industry to pay an individual for an idea (if any), nothing herein shall create an implied or express contract to compensate entrants for their Entries and there is no obligation for any Contest Party to pay or otherwise compensate entrants for any of their ideas or materials in any communications with Sponsor, whatsoever. Entries are not confidential and the Contest Parties' only obligations to entrants regarding Entries are as specifically set forth in these Official Rules. The decisions of the Sponsor are final and binding in all matters relating to this Contest, including interpretation and application of these Official Rules. Sponsor reserves the right to request from entrant at any time proof that entrant maintains all necessary rights in their Entry in order to grant Sponsor the rights required herein in a form acceptable to Sponsor. Failure to provide such proof may lead to, among other things, the entrant being disqualified from the Contest.

    TO BE ELIGIBLE AS A WINNER AND ANY PART OF THE PRIZE, YOU MUST EXECUTE AND RETURN WITHIN 3 DAYS OF SPONSOR (OR ITS AGENT) SENDING VIA EMAIL AN ASSIGNMENT TO YOU, THE ASSIGNMENT OF YOUR (WORD MARK) ENTRY IN A FORM ACCEPTABLE TO SPONSOR.

  6. REPRESENTATIONS AND WARRANTIES: By entering the Contest, entrant represents and warrants that he or she has read, understands, agrees to and will follow the Official Rules. Entrant further represents and warrants that his or her Entry and all materials and matter therein: (a) (except for elements that are within the public domain or are provided by Sponsor for inclusion in Entries) are wholly original with such entrant and are not a copy or imitation of any other material or entrant has all necessary rights to grant the Sponsor the rights granted hereunder and exercise such without obligation or liability to any third party; (b) will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third party liability or obligations; and (c) is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof. Entrant further represents and warrants that he or she has the right to agree to and fully perform consistent with these Official Rules and that he or she has complied and has obtained all permissions, licenses and consents that are necessary for the submission of the Entry and the use of the Entry and to verify compliance with the foregoing requirements. Entrant agrees to provide to Sponsor at Sponsor's request copies of all such permissions, licenses and consents. Sponsor reserves the right, in its sole discretion, to disqualify and/or not to post on Website any Entry that Sponsor determines does not comply with these Official Rules, to make such changes to any Entry as are necessary to make it compliant, or to require the entrant to do so. Entrant further acknowledges and agrees that he/she has not previously granted, assigned or otherwise encumbered his/her Entry, or any images, text and materials depicted therein, to any other third party. Further, entrant represents and warrants that Sponsor's use of any Entry, including any images, text and materials depicted therein, shall not violate an agreement to which such entrant has signed. Entrant agrees to indemnify and hold the Released Parties (defined below) harmless from and against any third-party claims, to the extent arising out of or relating to any breach of any representation, warranty or covenant made by entrant in connection with his or her acceptance of these Official Rules or Contest activities.

  7. JUDGING PERIOD: During the Judging Period, Frankie C, in his sole discretion, will score each eligible Entry to determine the three (3) top-scoring Entries. Judging will be based on the following criteria, in no particular measure and all need not be treated the same:

    • Catchiness,
    • Cleverness,
    • Applicability to the product; and
    • Originality.

    Further, any top-scoring Entry will be subject to a trademark search before being made available for public voting in the Voting Period. If an Entry cannot be cleared for trademark application, it will be disqualified, and the next-highest scored Entry will be considered. In the event of any ties, Frankie C will serve as the tie breaker. Up to three (3) Entries that receive the highest initial scores each AND have been cleared by a trademark search will be deemed a finalist (each, a 'Finalist') and will move to the Voting Period. In the Judging Period, Entries will no longer be associated with any specific entrant who submitted such Entry. Sponsor is aware that several people may submit the same or very similar Entry. If any Finalist Entry, Sponsor's decisions shall be final and binding in all matters pertaining to the judging and selection of the Finalist Entries.

  8. VOTING PERIOD AND WINNER DETERMINATION: To participate in the public voting among the Finalist Entries, you must be eighteen (18) years of age or older and be a legal resident of the fifty (50) United States and the District of Columbia, at the time of voting. To place a vote for a Finalist, visit the Website during the Voting Period. You must follow the on-screen instructions to submit your name and valid email address to place one (1) vote for what you consider to be the best Finalist Entry, in your opinion and based on the Judging Criteria listed above. All participants in this Contest are prohibited from casting, soliciting, or obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion. Votes generated by script, macro or other automated means or which subvert or impair the integrity of the voting process will be void. Sponsor will use IP tracking and cookie technology to help enforce the validity of the voting process. Any attempt to exceed the limited number of votes shall give the Sponsor the right to void the votes in question and potentially to disqualify the applicable Finalist Entry, at its sole discretion. Limit of one (1) vote per person during the Voting Period. There are no prizes for voting.

    The Entry with the highest number of votes, as determined by Sponsor in its sole discretion, will be the winner, and each of the individuals submitting such Entry will be deemed a potential winner of the Contest as determined by the Sponsor and outlined below. In the event there are any ties, Frankie C will serve as the tie breaker. If any entrant who submitted the winning Entry is found to be ineligible or does not comply with these Official Rules, such potential winner will be disqualified and will not be eligible to receive a prize. Sponsor's decisions shall be final and binding in all matters pertaining to the judging and winner selection.

    No more than one (1) winning Entry will be named. All eligible entrants associated with such winning Entry will split the prize pool, as further described below.

  9. WINNER NOTIFICATION/PRIZE CLAIMING: The potential winner(s) will be notified via email (or other contact information) using the information provided on the entry form in a commercially reasonable time after the determination of the winner(s). The Contest Parties are not responsible for and shall not be liable for incorrect, changed, or illegible contact information or for electronic communications that are undeliverable as a result of any form of active or passive filtering, or insufficient space in entrant's email or other account to receive messages. Contest Parties are not responsible for late, lost, intercepted, misdirected, or unsuccessful efforts to notify the potential winner. Sponsor has no obligation to contact potential winner(s) by any means other than e-mail. Notification is deemed to have occurred immediately upon sending of an email. If a potential winner cannot be contacted within a reasonable time period, if a potential winner is ineligible, if any notification is returned undeliverable, or if a potential winner otherwise fails to fully comply with these Official Rules, such potential winner will forfeit their share of the prize.

    As part of the winner notification process, in the event an individual winner's share of the prize is $600 or more, each potential winner will be required to complete and submit a declaration of eligibility/release of liability/prize acceptance agreement ('Declaration'), within five (5) calendar days of date of notification, as a condition of receiving a prize. If any potential winner fails or refuses to sign and return the Declaration or any other Sponsor provided paperwork within the required time period or if the Declaration is returned as rejected, faulty, unclaimed or returned as undeliverable to potential winner, and/or the potential winner is otherwise noncompliant, such potential winner will be disqualified and forfeit their portion of the prize. Any unclaimed portion of the prize will remain un-awarded. A potential winner becomes a 'winner' only after verification of eligibility by Sponsor.

  10. PRIZE/PRIZE RESTRICTIONS: The prize to be awarded in this Contest is:

    ONE (1) PRIZE: The prize pool is $10,000, which will be equally distributed amongst all eligible entrants who submitted the winning Entry (each, a 'Prize'). Approximate retail value ('ARV') of the total prize pool is $10,000, however a winner's Prize will depend on the total number of eligible entrants who submitted the winning Entry. Prizes will be fulfilled via digital payment, wire or similar method, at Sponsor's election.

    Prizes are non-transferable. All prize details not specified in these Official Rules will be determined in Sponsor's sole and absolute discretion. Prize details and availability are subject to change and are subject applicable rules and restrictions. Prizes are awarded 'AS IS' and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Winner(s) will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with their Prize.

    In the event each Prize is valued at $600 or more, the value of such Prize awarded to a winner will be reported for tax purposes as required by law, and the winner(s) will be required to provide Sponsor with a valid social security number or TIN before their Prize will be awarded for tax reporting purposes. An IRS Form 1099 will be issued in the name of winner(s) for the actual value of the Prize received. Any unclaimed Prize will be forfeited. Prize(s), if legitimately claimed, will be awarded. The Contest Parties are not responsible for and will not replace any lost, mutilated or stolen Prize or any Prize that is undeliverable or does not reach the winner because of an incorrect or changed address. Limit of one (1) Prize per person. Sponsor will attempt to fulfill all properly-claimed Prizes within approximately four (4) to six (6) weeks after winner verification.

  11. GENERAL: Subject to applicable law, each entrant hereby expressly grants to the Contest Parties and their respective successors, assigns, sublicensees and designees, the irrevocable right to use and publish his/her name, Entry, likeness (photographic or simulated), voice, biography and place of residence for all purposes, including, without limitation, advertising, marketing, promotional and publicity purposes in connection with this Contest ('Advertising'), in any and all media now or hereafter devised, worldwide, in perpetuity, without any form of notice, permission or any amount or kind of compensation, except for the awarding of the Prize(s). All copyright, trademark or other intellectual property rights in such Advertising shall be owned by Sponsor and/or its licensors, and each entrant hereby disclaims and waives any claim of right to such Advertising. Such Advertising shall be solely under the control of Sponsor and/or its licensors, and each entrant of a Finalist Entry hereby waives any claim of control over the Advertising content as well as any possible claims of misuse of entrant of a winner's name, likeness or voice under contract, tort or any other theory of law.

    The Contest Parties do not assume any responsibility for any disruption in the Contest, including, but not limited to, the failure or interruption of any social media platform or any internet service provider. In the event there is a discrepancy or inconsistency between disclosures and other statements contained in any Contest materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern, and control.

    In the event Sponsor is prevented from continuing with the Contest by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Contest by any party, or any federal, state, or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor's control (each, a 'Force Majeure' event or occurrence), Sponsor shall have the right to modify, suspend or terminate the Contest or prize. Sponsor additionally reserves the right, in its sole and absolute discretion to modify, suspend or terminate the Contest should causes beyond Sponsor's control corrupt or interfere with the administration, integrity, operation, security or proper play of the Contest.

  12. CONDUCT: The Contest Parties are not responsible for the actions of entrants or voters in connection with the Contest, including entrants' or voters' attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest. The Contest Parties reserve the right, at their sole discretion, to disqualify (or terminate the prize of) any individual if the individual is found to be, or suspected of, acting in any manner deemed by the Contest Parties to be in violation of the Official Rules, or to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person, or to be tampering with the entry or voting process or the operation of the Contest, and void all associated Entries, votes, and/or registrations. CAUTION: ANY ATTEMPT BY A USER, YOU OR ANY OTHER INDIVIDUAL TO DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE CONTEST PARTIES RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS' FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

  13. WAIVERS AND DISCLAIMERS: The Contest Parties assume no responsibility or liability for: (a) lost, late, stolen, undelivered, inaccurate, incomplete, delayed, misdirected, damaged or garbled registrations, Entries, URLs, votes, spam filters or emails; (b) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (c) any unauthorized access to, or theft, destruction or alteration of Entries or registrations at any point in the operation of this Contest; (d) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, cable, satellites, servers, computers or providers utilized in any aspect of the operation of the Contest; (e) inaccessibility or unavailability of the Internet or the website or any combination thereof or for computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of Entries or votes, social networking posts, or registrations, the announcement of the prizes, or in any other Contest-related materials; or (f) any injury or damage to entrants or to any other person's computer which may be related to or resulting from any attempt to participate in the Contest. If, for any reason, the Contest (or any part thereof) is not capable of running as planned for reasons which may include, without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, then the Contest Parties reserve the right at their sole discretion to cancel, terminate, modify or suspend the Contest in whole or in part. If terminated, the Contest Parties will award the prizes in a manner consistent with the judging process above from among all non-suspect, eligible Entries received for the Contest up to the time of such action.

  14. RELEASES: All entrants and voters, as a condition of participation in this Contest, release, discharge, indemnify and hold harmless the Contest Parties and each of their respective directors, owners, officers, employees, agents, successors and assigns, including but not limited to Franckie C, and the entities and their officers associated with production, sales and marketing of the protein brownie related to this Contest (collectively, 'Released Parties') from and against any and all liability, claims, costs (including attorneys' fees), losses, damages, fines, or actions of any kind whatsoever for injuries, death, damages, or losses to persons or property which may be sustained, in whole or in part, directly or indirectly, in connection with: (i) participation in any aspect of the Contest (including travel to/from any Contest activity), (ii) the receipt, ownership, use or misuse of any prize awarded, including any travel associated with any prize, (iii) the Released Parties' violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; (iv) entrant's registration material on any related website, (iv) any typographical, human or other error in the printing, offering, selection, operation or announcement of any Contest activity and/or prize, (v) use of or similar name for the protein brownie related to this Contest or any subsequent product of Contest Parties and each of their respective directors, officers, employees, agents, successors and assigns, including but not limited to Franckie C, and the entities and their officers and owners associated with production, sales and marketing of the product(s) bearing the name of an Entry.

  15. GOVERNING LAW AND LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of Florida, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.

    BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; (D) ENTRANTS' REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF; AND (E) ENTRANTS' WAIVER OF TRIAL BY JURY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY (IN PART OR WHOLE) NOT APPLY TO YOU.

  16. DISPUTE RESOLUTION: The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in the State of Florida and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator's decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction.

    The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Contest shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. ('JAMS') or any successor to JAMS in Miami, Florida. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a 'Demand for Arbitration', then either party can elect to have the arbitration administered by the American Arbitration Association ('AAA') or any other mutually agreeable arbitration administration service in Miami, Florida.

    If an in-person hearing is required, then it will take place in the State of Florida. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn't apply and the dispute must be brought in a court of competent jurisdiction in Miami-Dade County, State of Florida.

    Sponsor agrees to pay the administrative and arbitrator's fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.

  17. ENTRY INFORMATION AND CONTEST COMMUNICATIONS: As a condition of entering the Contest, each entrant gives consent for Sponsor to obtain and deliver his or her name, address, Entry, and other information to third parties for the purpose of administering this Contest and to comply with applicable laws, regulations and rules. Any information entrant provides to Sponsor may be used to communicate with entrant in relation to this Contest or on a Contest winner's list. By participating in the Contest, entrant agrees to all of the terms and conditions of the Sponsor's Privacy Policy, which is available at https://www.frankieccontest.com/privacy-policy. In the event of any discrepancy between the Sponsor's Privacy Policy and these Official Rules, these Official Rules shall control and govern.

  18. MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules or the Declaration (if applicable) will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Declaration (if applicable) is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor's failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials, privacy policy or terms of use on any website, social media platform or application and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor's sole and absolute discretion.

  19. WINNERS LIST: To receive a list of the winner(s), send a #10 self-addressed, stamped envelope for receipt by June 16, 2025 to: Frankie's Naming Contest - Winners List Request, c/o Realtime Media, 1001 Conshohocken State Road, Suite 2–100, West Conshohocken, PA 19428.

  20. SPONSOR: ABC Media LLC, C/O Silverberg, 2455 E Sunrise Blvd, St 1204, Ft. Lauderdale, FL 33304. Reference to third parties in connection with prizes and/or third-party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Contest.

  21. ADMINISTRATOR: Realtime Media LLC, 1001 Conshohocken State Road, Suite 2–100, West Conshohocken, PA 19428.

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