Win A Comic Book Store Competition Official Terms and Conditions

These Terms and Conditions (“Terms”) to the competition to win Chimera’s Comics Oak Lawn (the “Competition”) hereby govern the Competition as follows:

  1. Effective Date. The Terms shall be effective when accepted by the Applicant as described hereunder (such date of acceptance, the “Effective Date”.)
  2. Definitions.
    • “Applicant” shall mean each natural person who makes application to win the Competition by submitting an Essay Response (as further defined herein) and pays the Application Fee (as further defined herein).
    • “Person” shall mean a naturally born person, which for the avoidance of doubt means to exclude any corporation, partnership, or limited liability company.
    • “Premises” shall mean the retail store located at 4915 W. 95th Street, Oak Lawn, IL 60453
  3. Application Fee. The “Application Fee” shall equal twenty five dollars ($25 USD) and is nonrefundable, regardless of whether or not the Minimum Number of Applicants has been reached (as further defined herein).
  4. Acceptance. Upon payment of the Application Fee, each Applicant represents that they have read, understand, and accept the Terms in their entirety and agree to be bound by same.
  5. Contest Term. The contest shall run from February 1, 2019 through February 28, 2019, or until the calendar day upon which the total number of Applicants equals two thousand (2,000) (such number, the “Maximum Number of Applicants”), whichever is sooner (in either case, such period of time shall be further referred to as the “Term”).
  6. Minimum Number of Applicants. The Prize (as further defined herein) shall only be awarded if the total number of Applicants is at least five hundred (500) (the “Minimum Number of Applicants”) prior to the expiration of the Term.
  7. Entry. To enter, each Applicant must submit, prior to the end of the Term:
    • The Application Fee;
    • An essay response to the question “What makes a great comic book store?”, not to exceed 500 words (the “Essay Response”); and
    • The Applicant’s full legal name, address, and email address.
  8. Restrictions to Enter.By entering the Competition, the Applicant represents and warrants that the Applicant:
      • is eighteen (18) or older;
      • is a citizen of the United States of America; and
      • is a Person (as defined above).

    Any Applicant not meeting any of the requirements of this section shall be disqualified. An Applicant selected as the Winner (as defined herein) may be required to furnish proof of the qualifications of this section.

  9. Contingencies. The “Winner” shall mean the Applicant selected based on merit in the sole and absolute discretion of Carmelo Chimera, with the sole factor of evaluation being the substance of the Essay Response. The Winner shall be awarded the Prize (as further defined herein) if, and only if:
    • The Winner must successfully apply for and receive all requisite state and local business licenses applicable to the Premises;
    • The Winner must successfully apply for an receive an account from Diamond Comics Distributors, the sole distributor of comic books in the United States
    • The Winner must successfully reach an agreement for a lease with the owner/landlord of the property the Premises is located at;
    • The Winner must complete each of these contingencies no later than March 31, 2019 unless otherwise agreed by the Parties. Otherwise, the Winner shall be disqualified as further described herein
  10. Disqualification. If the Applicant selected as the Winner fails to meet the restrictions, conditions, and contingencies contained in these Terms or if the Applicant breaches any other sections or provisions of these Terms, the Winner shall forfeit any right, title, or interest in the Prize and a runner-up Applicant shall be selected as the Winner.
  11. The Prize. The Prize shall include, at a minimum, the inventory, fixtures, software, and equipment located at the Premises. In addition, the Prize shall include the customer records and associated goodwill. For the avoidance of doubt, the Prize does not include any cash assets, operating accounts, or accounts receivable.
  12. In Kind Only. Due to the unique nature of the Prize, there shall be no cash equivalent available to the Prize. The Winner must accept the Prize in kind or not at all.
  13. Correspondence. The Applicant agrees to accept future email correspondence from Carmelo Chimera and Chimera’s Comics, and waives any claims under the CAN-SPAM Act or the GDPR, as applicable. The Applicant may unsubscribe from such future email correspondence at any time.
  14. Alternative Dispute Resolution. Any dispute, conflict, claim, or cause of action arising from or in connection with these Terms shall be adjudicated before a neutral, third party, binding arbitrator.
  15. Severability. If any court or trier of fact should find any section or provision of these Terms illegal or otherwise unenforceable, it shall not affect the legality or enforceability of any other section or provision herein.
  16. Entire Agreement. These Terms represent the entire agreement. No other promises, offers, terms, or conditions not expressly included herein are subsumed, replaced, and voided by these Terms.
  17. Waiver of Jury TrialThe Parties do hereby waive any right to a jury trial with respect to any such disputes, conflicts, claims, or causes of action arising from or in connection with these Terms.
  18. Jurisdiction and Venue. Any dispute, conflict, claim, or cause of action arising from or in connection with these Terms shall be adjudicated in the State of Illinois, County of Cook, First Division.
  19. Governing Law. These Terms shall be governed by the laws of the State of Illinois, without regard to its conflict of law principles.
  20. Fees. If the Applicant shall bring any dispute, conflict, claim, or cause of action against Carmelo Chimera, Chimera’s Comics Co. (or any of its successors, subsidiaries, or assignees) in connection with or arising from the Competition or these Terms, and the Applicant is not the prevailing party, the Applicant shall bear all of the prevailing party’s costs and fees (including reasonable attorney’s fees) arising from or in connection with the defense of such disputes, conflicts, claims, and causes of action.
  21. Construction. These Terms are to be construed based on their plain meaning, and there shall be no presumption against any party hereto.
  22. Amendments. These Terms may be amended by Carmelo Chimera, Chimera’s Comics Co., or any of its succesors in interest, at any time with or without notice to the Applicant.
  23. Headings. The headings in these Terms are for convenience and shall not affect the meaning or substance of the terms contained herein.
  24. Pronouns. The Pronouns contained herein shall be understood to refer to the masculine, feminine, nonbinary, singular, or plural, as applicable.
  25. Release. The Applicant releases Carmelo Chimera, or any dba including but not limited to Chimera’s Comics, Chimera’s Comics Co., or any successor in interest, from any all claims of any kind or nature arising from or in connection with the Competition or these Terms.