The 2014 DOLE® Fruit Squish’ems
“Game Day Great” Contest
OFFICIAL RULES
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT WILL NOT INCREASE
YOUR CHANCES OF WINNING. VOID
WHERE PROHIBITED BY LAW.
1.
DESCRIPTION
OF THE CONTEST
The DOLE® Fruit Squish’ems “Game
Day Great” Contest (“Contest”) is a contest in which an individual (each, an
“Entrant;” collectively, “Entrants”) submits an essay of 100 words or less
describing his/her best tip, trick or ritual for getting his/her children and
their teammates ready to play an organized team sport in a recreational league
(e.g., soccer, baseball, football, basketball). An optional photo showing the
children getting ready for game day can also be submitted (JPEG; no more than 3
MB each) but will not be judged as part of the Entry (collectively, the
“Submission Materials”). The Contest is sponsored by Dole Packaged Foods, LLC
(“Dole”), and is in no way sponsored, endorsed or administered by, or
associated with, Facebook.
2.
CONTEST
PERIOD
The Contest begins on April 17, 2014 at 9:00 AM Eastern
Daylight Time (“EDT”) and ends on June 5, 2014 at 9:00 AM EDT (the “Contest
Period”).
Dole’s computer is the official time keeping device for
the Contest.
3.
ELIGIBILITY
Entrants must be legal residents
of the fifty (50) United States and the District of Columbia who are 18 years
of age or older at the time of entry. An Entrant must also be related to the
child on the team mentioned in the essay (e.g., parent, grandparent,
uncle, aunt, sibling) and have the ability to provide contact information for,
and obtain the signature of, a director of the recreational league to which the
named team belongs.
Employees of Sponsor, Legend
Public Relations, LLC (“Reviewing Organization”), and its and their parent
companies, affiliates, subsidiaries, franchises, agents, distributors,
advertising and promotion agencies, fulfillment companies, and members of their
immediate family (defined as a spouse, parent, sibling, child and respective
spouses regardless of where they reside) and/or those living in the same
household of such employee (whether related or not) are not eligible to enter.
All applicable federal, state and local laws and regulations apply.
4.
HOW TO
ENTER
To enter, visit Dole’s Facebook
Page (www.facebook.com/Dole) (the “Site”) during the Contest
Period and click on the “Game Day Great” tab and follow the directions for
submitting an Entry (as defined below).
When providing the Submission Materials, each Entrant will be instructed to complete and submit the entry form provided on the Site, which will ask for Entrant’s first and last name; date of birth; valid e-mail address; phone number; team and league name; and the league director’s name, e-mail address and phone number.
Upon submission of an Entry, the Entrant will receive a unique link to print or download a coupon redeemable for one dollar off a single box of DOLE® Fruit Squish’ems (approximate retail value of a single box of DOLE® Fruit Squish’ems is $2.79). Additional restrictions may apply to coupon redemption.
Submission Materials and the
contents of the entry form shall be referred to collectively as the
“Entry.” It is the responsibility
of each Entrant to update Sponsor of any change in an e-mail address in an
Entry by sending an e-mail to: GameDayGreat@legendpr.com. By uploading Submission Materials to
the Site, Entrant agrees that his/her Submission Materials conform to the
requirements of these Official Rules.
Only those Entries submitted through the Site during the Contest Period will be considered. The determination of whether an Entrant is eligible for the Contest based on the requirements listed herein shall be made under the supervision of Reviewing Organization whose decisions as to eligibility shall be final and not subject to appeal.
Limit one (1) Entry per e-mail address. If more than one Entry per e-mail address is submitted, the Entry with the earliest delivery date, as determined by Sponsor, will be accepted, and subsequent Entries will be disqualified. Any Entry that fails to comply in all respects with these Official Rules is subject to disqualification, as determined by Sponsor in Sponsor’s sole discretion.
In consideration of participating
in the Contest, each Entrant unconditionally and irrevocably grants Sponsor the
royalty-free, perpetual, worldwide, transferable and sublicensable
right to use, reproduce, copy, publish, display, distribute, perform,
translate, adapt, edit, modify and otherwise exploit his/her Entry, in any and
all markets and in any and all manner and media now known or hereafter devised
without limitation and without notice, compensation or other consideration to
Entrant. Each Entrant represents
and warrants that she/he has the sole and exclusive right to grant such rights
to Sponsor, and that Sponsor’s reproduction, publishing, broadcasting,
displaying and/or use of the Entry as described in these Official Rules will
not infringe on any rights of any third party. An Entrant shall not receive any compensation, notice or
credit for use of an Entry other than as expressly disclosed in these Official
Rules.
5.
SUBMISSION REQUIREMENTS
Without
limiting anything set out elsewhere in these Official Rules, all Submission
Materials must meet the following requirements:
· All Submission Materials must be original and
created by Entrant, must not have been previously published or exploited in any
manner or medium, must not have won previous awards and must not infringe upon
the copyrights, trademarks, rights of privacy or publicity of any person,
living or dead, or other rights of any person or entity.
· If Entrant submits a photo in which any
individual is recognizable, Entrant is solely responsible for obtaining, prior
to submitting the photo, any and all releases and consents necessary to permit
exhibition, use and other exploitation of the photo by Sponsor, including, but
not limited to, for advertising, promotional and publicity purposes.
· Submission Materials shall not have been made
(in whole or in part) by individuals who are: 1) represented under contract (e.g.,
by a talent agent or manager) that would limit or impair Sponsor’s ability to
display the photos in any media form; 2) subject to an acting or modeling
contract that would make his/her appearance in the photo a violation of any
third-party rights; or 3) subject to any other contractual relationship,
including but not limited to, guild and/or union memberships, that may prevent
Sponsor from being able to use the photo worldwide in all media in perpetuity
on a royalty-free basis, without payment or fee obligations.
· Submission Materials cannot and will not
contain any content that is derogatory, profane, defamatory, libelous,
slanderous, or disparaging;
· Submission Materials cannot and will not contain any lewd, obscene, threatening, sexually
explicit, pornographic, illegal, disparaging, obscene content or otherwise
inappropriate or objectionable material or any personally identifiable
information (e.g., license plate number).
· Submission Materials cannot and will not incorporate
any pre-existing film, television or music clips or any other third party content, images
or property.
· Other than the name and logo of the team/league that is mentioned in the
Entry, Submission Materials
cannot and will not incorporate any commercial content that promotes any product or service
or include or reference any third party names, logos, brand names, trademarks,
service marks, trade names or trade dress in an infringing manner or in a
manner that endorses, directly or indirectly, any product or service.
· Submission Materials cannot and will not contain any
drug or alcohol use, or use of firearms, or references to, or images of, any of
the foregoing.
· Submission Materials cannot and will not contain any
content, performance, language, conduct or activity that is or could be deemed
unsuitable or inappropriate or in violation of these Official Rules, as
determined by Sponsor, in its sole discretion.
· Submission Materials cannot and will not contain any
content that is false, deceptive, misleading or otherwise not in compliance
with applicable laws.
· Submission Materials cannot and will not
promote any activity that is unsafe, hazardous or dangerous.
· Submission Materials cannot and will not
promote any activity that is prohibited by law.
· Submission Materials cannot and will not
communicate messages or images inconsistent with the positive images and
goodwill with which Sponsor wishes to associate.
Once submitted, Submission Materials cannot be
revised, altered or withdrawn by Entrant. Sponsor and/or Reviewing Organization
reserve the right in their sole and unfettered discretion to disqualify any
Submission Materials, or any portion thereof, that violates or potentially
violates any of the foregoing requirements or otherwise fails to comply with
any provisions of these Official Rules.
6.
ENTRY
JUDGING
After the end of the Contest Period, all eligible Entries received will
be reviewed and judged by a panel of judges (the “Judges”), under the
supervision of Reviewing Organization, based upon the following criteria
(“Judging Criteria”):
o Quality of Submission (25%)
o Appropriateness to Theme (25%)
o Creativity of Submission (50%)
Eleven (11) finalists, as determined by the Judges in accordance with the Judging Criteria, will be selected. In the event of a tie, the Entry with the higher score in the “Creativity of Submission” category will be deemed a Finalist. If necessary to resolve a further tie, a Finalist will be determined by the highest score in the “Quality of Submission” category and, if still tied, then the “Appropriateness to Theme” category will be used to resolve the tie and determine a Finalist. Finalists will be notified on or about June 13, 2014, by e-mail and/or phone (in the sole discretion of Sponsor). If a Finalist cannot be reached after a reasonable effort has been made (as determined by Sponsor in its sole and absolute discretion), or if a Finalist is otherwise found to be ineligible, an alternate Finalist may be selected. Any correspondence returned to Reviewing Organization as undeliverable will result in disqualification and selection of an alternate Finalist. Correspondence will not be acknowledged.
A Finalist’s Submission Materials may be posted on the Site.
On or about June 26, 2014, each Finalist’s Entry will be
reviewed and judged by Brandi Chastain (“Celebrity Judge”), based upon the following
criteria (“Grand Prize Judging Criteria”):
o Appropriateness to Theme (25%)
o Creativity of Submission (75%)
One Grand Prize winner, as determined by the Celebrity
Judge in accordance with the Grand Prize Judging Criteria, will be
selected. In the event of a tie,
the Entry with the higher score in the “Creativity of Submission” category will
be deemed the Grand Prize winner.
The Grand Prize winner will be notified by e-mail
and/or phone (in the sole discretion of Sponsor) on or about June 30, 2014. If the Grand Prize winner cannot be
reached after a reasonable effort has been made (as determined by Sponsor in its
sole and absolute discretion), or if such Grand Prize winner is otherwise found
to be ineligible, an alternate Grand Prize winner may be selected. Any
documents returned to Reviewing Organization as undeliverable will result in
disqualification and selection of an alternate Grand Prize winner.
Correspondence will not be acknowledged.
7.
PRIZES /
APPROXIMATE RETAIL VALUE (“ARV”) AND ODDS OF WINNING
· One (1) Grand Prize: a $5,000.00 grant to be
used solely for supplies and equipment for the Grand Prize winner’s team or
league; new athletic backpacks (ARV: $1,000.00); and one (1) season’s supply of
DOLE® Fruit Squish’ems (flavor selection
to be determined by Sponsor) (100 units; ARV $279.00);
· Each of the remaining ten (10) Finalists: a
one (1) season’s supply of DOLE® Fruit Squish’ems
(flavor selection to be determined by Sponsor) (100 units; ARV $279.00).
The grant money and prizes will be remitted directly to
the league named in the Grand Prize winner’s Entry.
Total ARV of all prizes: $9,069.00.
Sponsor reserves the right, in its
sole discretion, to substitute a prize or prizes of equal or greater value for
any and all prizes. No other substitutions,
cash equivalents or transfer of prizes allowed unless specifically authorized
by Sponsor. Sponsor reserves the
right not to award all prizes in the event an insufficient number of eligible
Entries are received. In the event
that no eligible Entries are received, no prizes will be awarded.
Prize recipients are solely responsible for
reporting and paying any and all applicable federal, state and local taxes and
any additional fees associated with prizes. All federal, state and local laws and
regulations apply. A 1099 form may be issued to prize recipients (“Required
Filing”). If a potential prize
recipient fails to sign and return the Required Filing within the required time
period, another prize recipient may be selected. This process will be continued
until an eligible prize recipient completes the Required Filing.
Odds of winning depend upon the
number of eligible Entries received.
8. ACCEPTANCE OF PRIZE
Potential Finalists will be sent
an Affidavit of Eligibility, Advertising/Publicity Liability Release, and
Transfer of Copyright form(s) (if applicable) (collectively, the “Forms”) via
overnight delivery service (e.g., Federal Express) to the address in
such Finalist’s Entry no later than June 17, 2014. Any Forms returned to Reviewing Organization as
undeliverable may result in forfeiture of the Finalist prize and selection of
an alternate Finalist.
Correspondence will not be acknowledged.
As a condition of being named a Finalist, an Entrant must complete, sign,
and return the Forms within five (5) days following the date of first attempted
notification. Entrant must sign the
appropriate portions of the Forms, then have the league
director (if different from the Entrant) sign the appropriate portions of the
Forms, which Forms – completed and signed by Entrant and the league
director– must be returned within seven (7) days following the date of
first attempted notification.
The Forms will, among other
things: (a) certify that the Submission Materials, in whole or in part, have
not won a previous prize/award or been previously published/reproduced; (b)
certify that the Submission Materials are original to Entrant, and otherwise comply with the
Submission Requirements; (c)
re-affirm Entrant’s acceptance of and adherence to the terms and conditions
contained in these Official Rules; (d) grant Sponsor the right to use Entrant’s
name, likeness, biographical materials and Submission Materials (including, but
not limited to, as edited, adapted or otherwise modified or combined with other
materials) for advertising, public relations and promotional purposes in all
forms of media now known or hereafter devised (including, but not limited to
the internet) without geographic or time limitation, notice, compensation, or
other consideration by Sponsor, except where prohibited by law; and (e) grant
Sponsor the right to request from Entrant and/or his/her
team/league periodic updates on
how the prize is being and/or was used. Failure
to comply with the Forms deadline may result in forfeiture of the prize and
selection of an alternate Finalist.
9.
GENERAL
CONDITIONS
By submitting an Entry, each Entrant agrees (1) to be bound and abide by
these Official Rules and all decisions of Sponsor, Reviewing Organization,
Judges and Celebrity Judge, whose decisions are final, binding and not open to
appeal; (2) on behalf of himself/herself, his/her executors, heirs and assigns,
to release and hold Sponsor, Reviewing Organization, Facebook, Judges,
Celebrity Judge and its and their respective directors, officers, employees,
subsidiaries, affiliates, agents, divisions, agencies, licensors and
advertising, promotional, or judging agencies and all suppliers (each, a
“Released Party;” collectively, the “Released Parties”), harmless from any and
all liability whatsoever in connection with the Contest, including without
limitation, causes of action, injury, damage, liabilities, suits, cross-claims
or counterclaims, or any other claims arising out of or relating to Entrant’s
and his/her team/league’s participation in the Contest (including without
limitation personal injuries and death and damage to, loss, or destruction of
property), whether or not arising from the negligence of a Released Party,
including but not limited to, third party claims that may be made against
Entrant or his/her team/league, and claims arising out of or relating to the
acceptance, receipt, possession or use/misuse of any prize monies, or claims
based on any publicity or other public exposure of Entrant and his/her
team/league, including without limitation, claims concerning infringement or invasion of Entrant’s privacy
rights, or the publicity rights of Entrant or his/her team/league, or
defamation, or acts undertaken in preparation
for or participation in the Contest, whether suffered by Entrant,
his/her team/league, or a third party, and claims or actions of any kind
whatsoever for injuries, damages or losses of any kind to persons or property
which may be sustained in connection with the receipt, ownership or use of the
prize money or while preparing for, participating in or traveling to and/or
from any Contest-related activity or otherwise; (3) to assume all risks,
express or implied, associated with all claims released above, including
without limitation, all risks concerning entry and participation in the
Contest; (4) that she/he has no
right to bring, and covenants not to bring, any claim, action, or proceeding of
any kind or nature whatsoever against any of the Released Parties in connection
with the Contest; and (5) THAT NONE OF THE RELEASED PARTIES
HAS MADE, OR IS RESPONSIBLE OR LIABLE FOR, ANY WARRANTY, EXPRESSED OR IMPLIED,
RELATIVE TO ANY PRIZE, INCLUDING, BUT NOT LIMITED TO, ITS QUALITY OR FITNESS OR
MERCHANTABILITY, AND ALL PRIZES ARE TENDERED TO ENTRANTS ON AN “AS IS” BASIS.
Sponsor reserves the right, in its sole discretion, to
suspend, modify or cancel the Contest, or any portion thereof, if it cannot be run
as originally planned, including but not limited to, by reason of tampering,
infection by computer virus, unauthorized intervention or fraud; malicious
software attacks, bugs or other problems; or force majeure or other causes beyond the control of Sponsor which impair the
integrity or corrupts the administration or security
of the Contest. In such event, the
Contest shall be conducted from among all eligible Entries received (if
any) prior to such suspension, modification or cancellation. Sponsor further reserves the right to
take whatever action it deems necessary or appropriate in connection with the
administration of the Contest.
Sponsor is not responsible for
any printing, typographical, mechanical or other error in the printing of the
Official Rules, administration of the Contest or in the announcement of the
prizes. Sponsor will be collecting
personal information in accordance with its privacy policy.
A notice will be posted on the Site prior to and/or after (as
appropriate) action has been taken by Sponsor. Without limiting the foregoing, if the Contest is cancelled
for any of the reasons set out above, neither Sponsor, Reviewing Organization,
Facebook, Judges, Celebrity Judge, nor any of the parties contributing to the
Contest will be required to reschedule it and/or compensate any Entrant for
lost time, wages, fees, travel expenses or costs of any kind spent in preparing
an Entry.
Proof of submitting an Entry will not be deemed to be proof of
receipt by Sponsor. Sponsor further reserves the right to
disqualify any individual who tampers with the entry process and may prohibit
an Entrant from participating in the Contest if it determines that said Entrant
is attempting to undermine the legitimate operation of the Contest by cheating,
hacking, deception or other unfair practices or intending to abuse, threaten or
harass other Entrants.
Sponsor, Reviewing Organization, Facebook, Judges and Celebrity Judge
assume no responsibility for any error, omission, interruption, deletion,
defect, delay in operation or transmission, communications line failure, theft
or destruction or unauthorized access to, or alteration of, applications. Sponsor, Reviewing Organization,
Facebook, Judges and Celebrity Judge are not responsible for any problems or
technical malfunctions of any telephone network or telephone lines, computer
on-line systems, servers, or providers, computer equipment, software, failure
of any e-mail or Entry to be received by Sponsor due to technical problems,
human error or traffic congestion on the internet or at any website, or any
combination thereof, including any injury or damage to Entrant’s or any other
person’s computer relating to or resulting from participating in the
competition or downloading any materials in the competition.
Entries using
macro, robotic, script or other forms of automatic entry are not eligible and
will be disqualified. Entries
become the property of Sponsor and will not be acknowledged or returned. No mechanically reproduced Entries
permitted. Neither Sponsor nor
Reviewing Organization are responsible for lost, late,
illegible, mutilated, misdirected, delayed, incomplete, or inaccurate Entries. If there is a dispute as to the
identity of an Entrant, an Entrant will be deemed to be the authorized account
holder of the e-mail address listed on the Entry. The “authorized account holder” is defined as the natural
person to whom the e-mail address is assigned by an internet service provider,
online service provider or other organization (e.g., business,
educational institution, etc.) that is responsible for assigning e-mail
addresses for the domain associated with the submitted e-mail address.
Failure to comply with the Official Rules will result in
disqualification. An Entrant
and/or Finalist will be disqualified, at the sole discretion of Sponsor and/or
Reviewing Organization, if he/she attempts (a) to enter the Contest through any
means other than described in these Official Rules; or (b) to disrupt the
Contest, circumvent the terms and conditions set forth in the Official Rules,
or in any way tamper with any component of the Contest. Without limiting anything set out
elsewhere in these Official Rules, submission of an Entry further constitutes
Entrant’s consent on behalf of him/herself and his/her team/league to
irrevocably assign and transfer to Sponsor any and all rights, title and
interest in and to the Entry, including, without limitation, all copyrights and
any extensions or renewals thereof, and upon Sponsor’s request, Entrant will
execute any documents necessary to effectuate such ownership. Entrant and his/her team/league agree
not to defame or disparage Sponsor, its parents and affiliate companies, or
Reviewing Organization.
CAUTION: ANY
ATTEMPT TO DAMAGE ANY WEBSITE, UNDERMINE THE LEGITIMATE OPERATION OF THE
CONTEST, AND/OR ABSCOND WITH OR MISUSE PRIZE MONIES IS A VIOLATION OF CRIMINAL
AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT
TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) TO THE FULLEST EXTENT
PERMITTED BY LAW.
Each Entrant understands that during the Contest Period and thereafter, Submission Materials may be posted on the Site and/or other websites on the Internet; included, mentioned and/or discussed on local and/or national television and/or written about in newspapers, magazines, blogs, chat rooms, bulletin boards and elsewhere; and/or included in advertisements. Each Entrant hereby acknowledges and agrees that the Released Parties have no control over such uses, postings or the statements, opinions, discussions, comments or otherwise made about the content of the Submission Materials or Entrant. Without limiting anything set forth above, each entrant expressly releases the Released Parties from and against any actions, claims, injuries, losses or damages allegedly caused, directly or indirectly, by any such uses, postings or comments.
In the event there is a discrepancy or
inconsistency between disclosures or other statements contained in any Contest
materials (e.g., marketing, advertising or other ancillary documents)
and these Official Rules, the
Official Rules shall prevail, govern and control.
10.
DISPUTES
/ CHOICE OF LAW
Except
where prohibited, each Entrant agrees: (1) that 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, and exclusively by state or federal courts situated in the Borough of
Manhattan, City and State of New York; (2) that any and all claims, judgments
and awards shall be limited to actual out-of-pocket costs incurred and in no
event shall include attorneys’ fees associated with participation in the Contest;
(3) that no punitive, incidental, special, consequential or other damages,
including without limitation, lost profits may be awarded (collectively,
“Special Damages”); and (4) to waive all rights to claim Special Damages and all
rights to have such damages multiplied or increased. New York law governs these
Official Rules, the Contest and all aspects related thereto or arising there
from.
11.
SPONSOR
The Sponsor of this Contest is Dole Packaged Foods, LLC.
12.
OFFICIAL
RULES
The Official Rules will be posted
on the Site. Individuals may
request a hard copy of the Official Rules by sending a self-addressed, stamped
#10 envelope to: DOLE Fruit Squish’ems “Game Day Great” Contest, c/o Legend PR, 373
Park Avenue South, 3rd Floor, New York, NY 10016. Requests for Official Rules must be
postmarked by Friday, June 6, 2014.
Vermont residents may exclude return postage.
13.
FINALISTS/WINNER
LIST
The names
of the Grand Prize winner, Finalists and each of their teams/leagues will be
posted on the Site from June 9, 2013 through July 25, 2014. For a list of the
Grand Prize winner, Finalists and teams/leagues, send a self-addressed, stamped
#10 envelope to: DOLE Fruit Squish’ems
“Game Day Great” Contest, c/o Legend PR, 373 Park Avenue South, 3rd
Floor, New York, NY 10016. Requests for the list must be postmarked by August
1, 2014. Vermont residents may exclude return postage.
© 2014 Dole Packaged Foods, LLC. All rights reserved