The Carl's Jr. "Hot Chicks Eating Burgers" Online Video Contest Rules

NO PURCHASE NECESSARY. Open to Legal Residents of the United States and District of Columbia, age 18 and over. Void in Puerto Rico and where prohibited by law.

CONTEST PERIOD

The Hot Chicks Eating Burgers Video Contest (the "Contest") begins at 12:00:01 PM Eastern Time (ET) June 24th, 2009 and ends at 11:59:59 AM ET on August 2nd, 2009 (the "Contest Period").

SPONSORS

The Contest is sponsored by Carl Karcher Enterprises, Inc, 6307 Carpinteria Ave. Suite A, Carpinteria, CA 93013-2901 (collectively, the "Sponsor").

HOW TO ENTER

To enter the Contest, you must do the following during the Contest Period: (1) Register an account with Break.com (if you are not already a registered user); (2) Upload your qualifying video; and (3) Provide your assent to comply with these Rules by clicking the submit button.

Further information on entering the Contest can be found at www.hotchickseatingburger.com. There, you can watch the instructional video of the Contest.

To upload your video, click "Upload Your Video Now." Upload a video (up to 30 seconds) directly to the Break.com upload page showing a female eating a burger (the "Entry"). The Entry must include the female stating her name and her favorite Carl's Jr.. Any individual appearing in the video must be 18 years of age or older. Entries become the joint property of the Sponsors and NextPoint, Inc. and will not be acknowledged or returned. Personal information collected from entrants and individuals appearing in the Entry will be used solely for the purposes of the Contest and to notify the winner, and will not be re-used, sold or shared in any manner by the Sponsors, NextPoint, Inc. or any third parties.

To submit your video, you must read and agree to these Rules by clicking the submit button. You agree that by submitting this video, you relinquish all rights, as outlined herein, and the video, its characters and content become the joint property of Sponsors and NextPoint, Inc. If you are not a registered Break.com user, you must register an account with Break.com by entering your details online. Break.com's terms and conditions will apply.

CONTEST ENTRY REQUIREMENTS:

Entrants must comply with registration instructions when submitting their videos. The video must be 30 seconds maximum. The video must not contain brand names or trademarks other than the Carl's Jr brand name and trademarks. One (1) video submission per person and/or email address. Entry must be in keeping with the Sponsors' image and may not be offensive, as determined by the Sponsors in their sole discretion, nor can it defame or invade publicity rights or privacy rights of any person, living or deceased, or otherwise infringe upon any person's rights.

Entries may not contain obscene, lewd or inappropriate images or text including, without limitation, nudity, acts of violence or acts that appear to cause harm. Any Entry or portion thereof that is, in the Sponsors' or NextPoint, Inc.'s sole discretion, obscene, profane, lewd, defamatory, contains any third party materials, or otherwise violates or infringes (or may infringe) any copyright, trademark, logo, mark that identifies a brand or other proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity, or is otherwise objectionable, will not be considered. Therefore, clothing worn in the video should not contain any visible logos, drawings, cartoons, phrases, trademarks or other third-party materials. Entrants may not copy or otherwise plagiarize material from any source. Sponsors and/or NextPoint, Inc. have the sole discretion to determine whether a video qualifies as an Entry. All Entries must be the sole, original work of the entrants. Automated, script, macro or robotic Entries submitted by individuals or organizations will be disqualified. If, in Sponsors' and/or NextPoint, Inc.'s sole discretion, the Entry appears to have resulted in any injury or bodily harm, it will be rejected. Entries that are determined by Sponsors' or NextPoint, Inc. to violate these Rules will not be posted online and will be disqualified from the Contest.

If any individual depicted in an Entry receives compensation for their participation, the Entry is still eligible to be included in the judging process and for the Grand Prize awarded.

JUDGING CRITERIA

All eligible Entries submitted within the Contest Period will be voted on by Break.com users during the "Voting Period," which will take place between 12:00:01 PM Eastern Time (ET) July 13th, 2009 and 11:59:59 PM ET August 2nd, 2009. The judging criteria will be as follows, in equal parts: originality, sexiness, and production value.

The entrant who submitted the Entry with the highest overall number of votes at the end of the Voting Period will be the potential winner of the Grand Prize. In the event that multiple Entries have the same number of votes, the potential winner will be selected by NextPoint, Inc. based on the three judging criteria set forth above. By participating, entrants agree to abide by the terms of these Rules and the decisions of NextPoint, Inc. and the Sponsors, which shall be final and binding in all respects.

In the event of a dispute as to the identity of the potential winner, the authorized account holder of the email address used to submit the winning Entry will be deemed to be the potential winner. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winner may be required to show proof of being the authorized account holder.

GRAND PRIZE AND WINNER NOTIFICATION

GRAND PRIZE: One trip for the winner and a guest to Las Vegas. Includes up to $1,000.00 in round-trip airfare, a three (3)-night stay at a Maloof Property, and $1,000.00 in spending money while in Las Vegas (Approximate Retail Value: $3,000.00). Sponsors and NextPoint, Inc. reserve the right to substitute any prize with a prize of equal or greater value, should any prize become unavailable. Taxes related to the prize are the responsibility of the Grand Prize winner.

NOTIFICATION: On or about August 3rd, 2009, NextPoint, Inc. will notify the potential winner by email and/or telephone. The potential winner will be required to sign and properly execute, as well as to secure the signature and proper execution by any individuals appearing in the Entry, of a liability waiver, and to the extent legal, publicity release form(s) (collectively called "Release Forms"), and return them within three (3) days of issuance. If properly executed Release Forms are not returned on a timely basis or a prize notification is returned as undeliverable, or if the potential winner is found to be ineligible or not in compliance with these Rules, the Grand Prize will be forfeited.

ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY NEXTPOINT, INC. AND/OR THE SPONSORS, WHOSE DECISIONS ARE FINAL AND BINDING. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE CONTEST SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT'S ELIGIBILITY AND THE ELIGIBILITY OF THE ENTRY HAVE BEEN VERIFIED, ALL REQUISITE DOCUMENTATION HAS BEEN COMPLETED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSORS AND/OR NEXTPOINT, INC. WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS.

If a verified Grand Prize winner is unable to participate in or accept the prize or any portion of the prize package for any reason, the Sponsors and NextPoint, Inc. shall have no further obligation to the verified Grand Prize winner and the Grand Prize will be awarded to the entrant who submitted the Entry with the next highest overall number of votes.

All expenses relating to acceptance and use of any prize that are not explicitly listed herein as being awarded, including but not limited to meals, ground transportation, payment of taxes, are responsibility of the winner. No substitution, barter, transfer, or assignment of prize permitted, except by the Sponsors and NextPoint, Inc. at their sole discretion.

Except to the extent prohibited by applicable law, by entering the Contest and/or accepting a prize, entrants and any other individuals appearing in an Entry agree that the Sponsors, NextPoint, Inc. and each of their related and affiliated companies may use the name, address (city, state), photograph, videotape, voice, likeness and/or prize information of any entrant or individual included in the Entry for advertising, publicity and promotional purposes without further notice and/or compensation. Entrant represents and warrants that he/she has the right and power to provide such authorization on behalf of any individual featured in the Entry.

ELIGIBILITY

This Contest is open only to legal residents of the 50 United States including the District of Columbia, 18 years of age or older at the time of entry. Employees of NextPoint, Inc., Carl's Jr. and their affiliates, subsidiaries, advertising and promotion agencies, prize suppliers, and their immediate families (spouse, parents, children, siblings and their respective spouses) and individuals living in the same household as such employees are ineligible to enter or win the Contest. Void in Puerto Rico and where prohibited by law. This Contest is subject to all applicable federal, state, provincial and local laws and regulations. All federal, state and local taxes are the sole responsibility of the winner.

LIMITATION OF LIABILITY

BY PARTICIPATING IN THE CONTEST, ENTRANTS AGREE TO ABIDE BY THE TERMS OF THESE RULES AND THE DECISIONS OF NEXTPOINT, INC. AND THE SPONSORS, WAIVE ANY RIGHT TO CLAIM AMBIGUITY IN THE RULES, AND RELEASE, INDEMNIFY AND HOLD HARMLESS NEXTPOINT, INC., THE SPONSORS, PRIZE SUPPLIERS, AND EACH OF THEIR AFFILIATES, SUBSIDIARIES, ADVERTISING AND PROMOTION AGENCIES AND THEIR RESPECTIVE AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS AND EMPLOYEES, (COLLECTIVELY, "RELEASEES") FROM AND AGAINST ANY INJURIES, LOSSES, DAMAGES, CLAIMS, ACTIONS ANY LIABILITY OF ANY KIND RESULTING FROM OR ARISING FROM PARTICIPATION IN THE CONTEST, OR ACCEPTANCE, POSSESSION, USE, MISUSE OR NONUSE OF THE PRIZE THAT MAY BE AWARDED. EXCEPT AS OTHERWISE SET FORTH BELOW, ENTRANTS AGREE THAT VENUE AND JURISDICTION SHALL BE EXCLUSIVELY IN THE FEDERAL AND STATE COURTS LOCATED IN THE STATE OF CALIFORNIA AND ANY AND ALL DISPUTES SHALL BE GOVERNED BY THE SUBSTANTIVE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO THE CONFLICTS OF LAWS PRINCIPLES OF ANY JURISDICTIONS.

ADDITIONAL TERMS AND CONDITIONS

If an entrant changes his/her telephone number, email address and/or street address after he/she enters the Contest, it is his/her sole responsibility to notify NextPoint, Inc. by (postal) mailing notice to NextPoint, Inc.'s address (listed below) to be received by the end of the Contest Period. Releasees are not responsible for printing or typographical errors in any Contest related materials; or for transactions (including Entry submissions) that are lost, misdirected, fail to enter into the processing system, or are processed, reported, or transmitted late or incorrectly or are lost for any reason including computer, telephone, human or other error; or for electronic, computer, or telephonic malfunction or error, including inability to access any web site associated with this Contest, or process any transaction thereon.

If for any reason the Contest cannot be executed as planned, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of NextPoint, Inc. or the Sponsors that corrupt or affect the security, administration, fairness, integrity or proper conduct of this Contest, or if this Contest is compromised or becomes technically corrupted in any way, electronically or otherwise, NextPoint, Inc. and the Sponsors reserve the right to terminate, modify or suspend the Contest or any portion thereof. If the Contest is terminated before the original end date, Sponsors and/or NextPoint, Inc. may, but are not obligated to, select the potential winner from among all eligible, non-suspect entries received as of the termination time/date.

NextPoint, Inc. and the Sponsors reserve the right to modify or terminate the Contest in its entirety at any time and at its sole discretion, without liability. The Contest may be terminated or modified prior to the stated expiration date. If so, a notice will be posted on www.break.com. Any attempt by an entrant or any other individual to deliberately damage any web site or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, NextPoint, Inc. and the Sponsors reserve the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Any attempts by an individual to access any web site associated with this Contest via a bot script or other brute force attack or any other unauthorized means will result in the IP address becoming ineligible. Use of automated entry devices, or Contest entry services or programs are prohibited.

OWNERSHIP AND USE OF ENTRIES

All entries (both winning and non-winning) become the joint property of the Sponsors and NextPoint, Inc. and will not be returned. All elements of all entries, including all United States and international copyrights and all other intellectual property rights in the entries, shall be owned exclusively by the Sponsors and NextPoint, Inc. Submission constitutes your assignment and transfer to the Sponsors of any and all rights, title and interest in your Entry, without limitation, including all copyrights and trademark rights, and your waiver of all moral rights. By entering the Contest, you hereby warrant and represent that your entry is original and does not infringe the rights of any third party and hereby agree not to instigate, support, maintain or authorize any action, claim or lawsuit against Sponsors or their affiliates, or any other person, on the grounds that any use of your Entry, or any derivative works thereof infringe any of your rights as creator of the entry, including, without limitation, trademark rights, copyrights and moral rights or "droit moral." Nothing herein shall constitute an employment, joint venture, or partnership relationship between you and the Sponsors. In no way are you to be construed as the agent or to be acting as the agent of the Sponsors in any respect. By submitting your Entry and agreeing to these Rules, you agree to execute any and all additional documents proposed by the Sponsors and/or NextPoint, Inc. to effectuate and confirm their sole and exclusive ownership of all copyrights in and to your Entry, and hereby irrevocably appoint the Sponsors and NextPoint, Inc. as attorney-in-fact to execute any and all such documents if you fail to return the same to Sponsors and NextPoint, Inc., duly executed, within three (3) days following submission of the particular document by Sponsors or NextPoint, Inc. to you. Without limiting the generality of the foregoing assignment, the Sponsors and NextPoint, Inc. shall have the right to edit, adapt, modify, reproduce, promote, display, distribute, perform, assign and otherwise use Entries, any portion thereof and any component thereof (including, without limitation, name, likeness, voice, performance and photograph of any individuals featured therein) in any way they see fit, in any medium now known or hereafter devised, including, without limitation, television commercials and for any advertising and promotional purposes, without additional compensation, except to the extent prohibited by applicable law. Entrant represents and warrants that he/she has the right and power to grant such rights on behalf of any individual featured in the Entry.

PRIVACY

Contest entry requires registration at www.break.com, which will be collecting personally identifiable information, such as name, e-mail address, and phone number. By entering the Contest, you agree to the NextPoint, Inc. Privacy Policy, located at: http://info.break.com/static/live/v1/pages/privacy.html. Entrant registration information will be shared with NextPoint, Inc. for the purpose of administering this promotion and potential posting of entries on NextPoint, Inc. and Web pages at third-party sites.

MISCELLANEOUS

All federal, state and local laws apply and this contest is void where prohibited or restricted by such laws, including but not limited to jurisdictions with laws that would require registration, disclosure, filing, trust account, or posting of a bond, or any other requirements, that are not satisfied by these terms and conditions. If any provision of these rules is held to be illegal or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these rules shall otherwise remain in full force and effect and enforceable to the fullest extent permitted by applicable law.

WINNERS LIST

For the name of the Grand Prize Winner, available after August 2nd, 2009, send your request with a self-addressed, stamped envelope to: NextPoint, Inc. 's "Hot Chicks Eating Burgers" Contest Winner, 8750 Wilshire Blvd, Ste 300, Beverly Hills, CA 90211. Requests must be received by August 30th, 2009.