The 2014 DOLE® Fruit Squish’ems “Game Day Great” Contest
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
Dole’s computer is the official time keeping device for the Contest.
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.
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.
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