DATES OF PROMOTION

The Rochester Colonial 75^th Anniversary Jingle Contest (the “Contest”) starts at 12:01 AM Eastern Time (ET) on April 11, 2022 and ends 11:59 PM ET on May 22, 2022 (the “Contest Period”). A parent or legal guardian must provide permission for those under 18 years of age before entering the Contest. Purchasing is not required to enter this Contest; however, standard internet rates apply for the use of the internet.

ELIGIBILITY

The Contest is open to residents of New York state and full-time students currently studying in New York state only (the “Participant”).  If an entrant is under 18 years of age, a parent or legal guardian must sign or submit each child’s Contest material, indicating that they agree to these Official Rules and grant permission for their child to enter the Contest. Employees and their immediate family members (parents, children, siblings or spouse, regardless of where they live, or persons living in same household, whether related or not) of Rochester Colonial (the “Sponsor”), or its sister or affiliated companies, contractors, subsidiaries, distributors, sales representatives, retailers, advertising and promotion agencies (the “Contest Entities”), and any others engaged in the development, production, execution or distribution of this Contest, are not eligible to participate.

HOW TO ENTER

An entrant, or the parent or legal guardian of an entrant under 18 years of age, must submit each Participant’s Contest material, indicating that they agree to these Official Rules and grant permission for their child to enter the Contest. All submission materials submitted for the Contest will be referred to herein as the “Submission”.

To submit the Participant’s Submission online, visit RochesterColonialJingle.com (the “Contest Website”) and complete and submit (in the English language only) the submission material outlined in the steps below by 11:59 PM ET on May 22, 2022. Neither the Sponsor, nor any of the Contest Entities, is responsible for any online entry that is lost, late, misdirected or undeliverable, whether due to system errors, omissions, interruption, deletions, defects, delay in operations or transmissions, theft or destruction or failures, faulty transmissions or other telecommunications malfunctions, entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, faulty transmissions, technical malfunctions, or otherwise.

Submission Materials:

1. Contest Entry Form: Complete the Official Contest Entry form available at RochesterColonialJingle.com in its entirety, including Participant’s first and last name and email address. If the Participant is younger than 18, the name of their parent or guardian must also be included. Collection and use of personally identifiable information will be in accordance with the Rochester Colonial privacy policy as posted on https://www.rochestercolonial.com/privacy-policy.

2. Jingle Video or Audio File: Participant should submit one audio file or one video file with a maximum length of 60 seconds and a maximum size of 50MB in one of the approved audio or video formats: mp3, m4a, ogg, wav (audio) or mp4, m4v, mov, wmv, avi, mpg, ogv, 3gp, 3g2 (video). If more than one file is submitted, the submission will not be accepted.

There are three categories of Submissions: Local Musician, Community Member Age 16 and Older, and Community Member Age 15 and Younger.

Submissions for Local Musician Category:

Audio of files must be of high quality suitable for broadcast and no longer than 60 seconds in length. The lyrics “Rochester Colonial, your window and door experts” must be sung at least once. Instrumental music as part of the entry is also encouraged, though not mandatory.

Submissions for Community Member Categories:

Files must be no longer than 60 seconds in length. The lyrics “Rochester Colonial, your window and door experts” must be sung at least once.

There is a maximum of one (1) Submission per Participant during the Contest Period. Sponsor will not verify receipt of Submissions for Participants. All Submissions shall become the exclusive property of the Sponsor and will not be returned and, without limitation, upon submission, Sponsor shall be deemed the owner of all copyright and other intellectual property rights, including moral rights, in the Submission, including without limitation, all rights to use, publish, reproduce, distributed, modify and otherwise create derivative works therein. All Submissions must be the original work of the Participant. By submitting a Contest Entry Form and audio or video file, the Participant (or parent/legal guardian if under 18): (i) warrants and represents he/she has read these Official Contest Rules, is eligible to participate in the Contest and agrees to be bound thereby; (ii) warrants and represents that all of the information provided in the Participant’s Submission materials is true and accurate, (iii) warrants and represents that the Submission materials are the original work of the Participant (solely and not jointly with any other person), was not previously published or distributed, has not won previous awards and do not violate any third party’s legal rights (including without limitation rights of copyright, trademark or other intellectual property right, privacy and/or publicity), and/or any applicable law; and, warrants and represents that if the Submission includes any Third Party Material, as defined below, Participant has obtained all necessary written assignments by which the applicable third party/ies assigned and transferred to Participant all right, title and interest in and to any copyright, moral rights and other intellectual property rights of the third party in the Submission materials to Participant (“Third Party Documents”); (iv) warrants and represents that the Submission materials do not contain any disabling device, virus, worm, back door or other disruptive or malicious code that may or are intended to impair their intended performance or otherwise permit unauthorized access to, hamper, delete or damage any computer system, software, network or data; (v) consents to the use of the Participant’s name and/or likeness by the Sponsor and their respective authorized representatives for promotional purposes in connection with the Contest (whether online, in print or through any other media now known or hereafter developed), without additional compensation and unless prohibited by law; (vi) agrees that, if selected as the winner, Participant will be solely responsible for any and all resulting tax consequences relating to the prize; and (vii) consents to allow Sponsor to use any information contained in the Submission materials for the purpose of providing information about available products or services in accordance with applicable law. If the Submission contains any material or elements that are not owned by the Participant and/or which are subject to the rights of third parties (“Third Party Material”), the Participant is responsible for obtaining, prior to submission of the Submission, any and all releases and consents necessary to permit the use and exhibition of the Submission in the manner set forth in these Official Rules and the Terms and Conditions of Use of the Website, including, without limitation, name and likeness permissions for any person that appears in or is identifiable in the Submission. Promptly following the Sponsor’s request, Participant shall provide to Sponsor copies of all Third Party Documents. If any identifiable person appearing in the Submission is under the age of majority in New York, the parent or legal guardian is required to provide permission. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any Participant at any time. By submitting a Submission, Participant (or, if an eligible minor, his/her parent or legal guardian) warrants and represents that he/she and any persons appearing or who are identifiable in the Submission consents to the submission and use and exhibition of the Submission in the manner set forth in these Official Rules and the Terms and Conditions of Use of the Contest Website. Sponsor reserves the right to disqualify any Submission for any reason, in its sole and absolute discretion.

JUDGING/WINNING

All Submissions will be reviewed and judged by a panel of judges. Three winners, one in each category (Local Musician; 16 and Older; 15 and Younger) will be selected. The decision of the judges is final.

No emails, telephone calls, or other correspondence will be accepted regarding the judges’ selections.

The winners will be notified by email or phone on or about 14 days after the entry window is complete. Winners will receive their prize amounts via check within 30 days of being declared winners.

Submissions that contain any content determined by Sponsor and/or the judges in their sole discretion to be indecent, inappropriate, morally objectionable or otherwise unfit for advertising or publication will be disqualified.

PRIZES

For winning Local Musician entry: $2,500 to be paid by check. Audio and/or video of winner’s entry may also, as determined by Sponsor in its sole discretion, be featured in Rochester Colonial advertising, social media, or its website.

For winning Community Member entries: $250 each to be paid by check to one 16 and Older Community Member and one 15 and Younger Community Member. Audio and/or video of each winner’s entry may also, as determined by Sponsor in its sole discretion, be featured in Rochester Colonial advertising, social media, or its website.

Sponsor, in its discretion, will determine whether and, if so, how and when, a winning entry is or is not used in a commercial and/or other social media. Winning entries are not automatically used in a commercial and/or on social media.

PRIZE RESTRICTIONS

If Sponsor agrees to promote and advertise, or otherwise use, the winning Submission, which promotion, advertising or other use is in Sponsor’s sole discretion, the winner hereby agrees to participate in profiles, website, live appearances, and live publicity as reasonably required by Sponsor. Winner(s) consent to the use of his/her/their name, likeness, biographical information, submitted materials, and voice in promotion, advertising and use worldwide without additional compensation. Sponsor reserves the right, in its sole and absolute discretion, to elect not to promote or advertise a Submission as a result of this Contest. No prize substitution or cash redemption, except at Sponsor’s sole discretion or as otherwise provided herein. Prize is not transferable. Sponsor reserves the right to substitute a prize of equal or greater value if prize becomes unavailable due to reasons beyond the control of the Sponsor. The winner is required to comply with any and all applicable federal, state and local laws, rules and regulations. The value of the prize maybe taxable as income and winner is solely responsible for all matters relating to the prize, including, but not limited to all applicable federal, state, and local taxes that become due with respect to the prize. The Prize will be awarded as set forth herein.

TO CLAIM PRIZE

Except where prohibited, potential Prize winner must sign and return to the Sponsor, within five (5) days of being notified, an affidavit of eligibility/liability/publicity release in order to claim prize. If potential Prize winner cannot be contacted within five (5) days of the first attempt to contact him/her or if he/she fails to sign and return the affidavit of eligibility and liability/publicity release form within the required time period, potential Prize Winner forfeits their right to the prize and an alternate winner will be selected. All taxes on prizes are the sole responsibility of the winners.

GENERAL RULES OF PARTICIPATION

This Contest is subject to all applicable federal, state and local laws. By participating, Participants and their participating entities agree to be bound by these Official Rules and the decisions of the Sponsor and waive any right to claim ambiguity in the Contest or these Official Rules. Sponsor or Contest Entities are not responsible for lost, late, misdirected, undeliverable, or incomplete entries. Sponsor may prohibit a Participant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said Participant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other participants, Sponsor or Contest Entities. If for any reason this Contest is not able to be conducted as planned, including, but not limited to, by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest and judge from those submissions received up to the cancellation/suspension date. CAUTION: ANY ATTEMPT BY A PARTICIPANT TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

NO LIABILITY

By entering, winner(s) agree to comply with all Official Rules, as stated, and hereby waive and release Sponsor and any Contest entity and any of their directors, shareholders, officers, employees, representatives and agents of each of the foregoing entities (collectively, the foregoing are “Sponsor Indemnified Parties”) from any and all loss, cost, damage, expense and/or liability (“Losses”) as a result of their participation in this promotion, any Submission, any use, promotion or advertising of a Submission, or acceptance and/or usage of prizes awarded (including without limitation to claims, costs, injuries, losses or damages related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light.) By participating, each Participant hereby agrees to indemnify and hold harmless Sponsor and all other Sponsor Indemnified Parties from and against any Losses from or as a result of any claims made by winners, participants, or any other third parties, related in any way to the operation of this Contest as well as any other 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 any prize or participation in any Contest-related activity or participation in this Contest.

All third-party trademarks are used herein for identification purposes only, and are the property of their respective owners. Sponsor shall have no obligation (express or implied) to use any Submission, or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of any Submission for any reason, with or without legal justification or excuse, and Participants shall not be entitled to any damages or other relief by reason thereof.

MISCELLANEOUS

The Contest and these Official Rules are governed by the laws of the State of New York, without reference to conflicts of law principles. These Official Rules set forth the sole terms and conditions relating to the Contest, and supersede and other oral or written communications relating to the Contest. Any claim or suit relating to the Contest or the Official Rules shall be heard solely in the federal or state courts located in Monroe County, New York, and each Participant hereby consents to the jurisdiction of such courts.

WINNERS LIST REQUEST: To request a copy of the winners or an additional copy of these Official Rules, please send a self-addressed, stamped business size envelope by June 20, 2022 to: Rochester Colonial, (Please specify 75^th Anniversary Jingle Contest), 1794 Lyell Ave., Rochester, NY 14606.

SPONSOR: Rochester Colonial, 1794 Lyell Ave., Rochester, NY 14606.