Del Monte Fresh Produce – “Ultimate Fan Contest” – OFFICIAL RULES
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. Open to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older to enter. Contest begins on August 25, 2008 at 12:00:01 p.m. EST and ends on November 21, 2008 at 11:59: 59 p.m. EST. TO ENTER ONLINE: visit the entry page at: www.fruits.com and complete the online form. All electronic entries must be received no later than 11:59:59 p.m. EST November 21, 2008. Sponsor’s computer will be official clock of the Contest. Limit one (1) entry per household and/or e-mail address. TO ENTER VIA MAIL: Send your DVD with your e-mail address, first name, last name, date of birth, mailing address, city, state/province, zip/postal code and both home and work telephone numbers (including area codes) and mail postage paid to: “Del Monte Fresh Produce – Ultimate Fan Contest,” 241 Sevilla Ave, Coral Gables, Florida 33134. All mailed entries must be post-marked by November 21, 2008 and received by November 30, 2008. Limit one (1) entry per household. Limit one entry per outer postmarked envelope. All entries become the property of Del Monte Fresh Produce N.A., Inc. and will not be returned. All other attempts are void. No responsibility is assumed for lost, late, mutilated, misdirected, illegible, incomplete or postage due mail or entries for any reason. No mechanical reproductions of entries allowed.
1. BRIEF CONTEST DESCRIPTION: Eligible contestants shall have the opportunity to create a video of their tailgate party using Del Monte fresh fruits and vegetables that shows how they are the “Ultimate Fan”. Entry Video may not defame or invade the privacy or publicity rights of any person, living or deceased, or otherwise infringe upon a person's personal or proprietary rights. No copyrighted material may be used in an entry video without proper permission from, and acknowledgement of, the copyright owner. Submissions that are deemed by the judges in their sole discretion to be immoral, obscene, profane or not in keeping with Sponsor's image will be disqualified. Sponsor reserves the right in its sole discretion to disqualify any entry at any time which, in the Sponsor’s reasonable opinion, endangers the safety or well being of any person or in the event it is determined that the entrant has not complied with these Official Rules. In addition to the Sponsors’ right to do so at its discretion, the Judges will also be instructed to disqualify any entry that describes dangerous conduct, stunts or tricks, conduct that could lead to physical injury, property damage or otherwise violates or is inconsistent with these Official Rules. Other than for semifinalist and finalist notification, neither Sponsor, nor anyone acting on its behalf, will enter into any unsolicited communication with any entrant regarding this Contest, nor will entries be acknowledged or returned.
Participation in the Contest constitutes the contestant’s full and unconditional agreement to and acceptance of these Official Rules. By entering the Contest, the contestant warrants that the Entry Video is an original creation of the contestant’s; has not been previously published or won any award; and that contestant is aware of no conflicting rights in the submission or claims to the submission, including but not limited to copyright or other intellectual property right.
2. Winner Selection: There are two (2) rounds of judging:
Round 1: All entries will first be screened to ensure they meet the entry criteria. Contestants who meet the entry criteria will advance to Round 2. Round 2: Judges will then score each Entry Video. Each Entry Video shall be treated equally.
Scores will be broken down into 5 areas:
(i) Creativity (20%);
(ii) Use of Del Monte fruits and vegetables (30%);
(iii) Team Spirit (10%);
(iv) Web suitability (10%); and
(v) Overall video (30%).
The contestant who scores the highest score according to the judging criteria will be deemed the Grand Prize winner. The following highest scores will be awarded first, second, and third prizes accordingly. All Judges’ decisions are final and binding.
Potential Grand Prize winners will be notified by mail and will be required to sign and return an Affidavit of Eligibility/Liability and Publicity Release (where permitted) within 14 days. Allow 4-6 weeks from judging date for shipment of First –Third Prizes. Noncompliance within specified time period or return of any prize or prize notification as undeliverable may result in forfeiture of prize. All income taxes on prizes are winners’ responsibility.
3. Prizes: Odds of winning depend upon the number of eligible entries received. Limit one prize per household. Prizes: One (1) Grand Prizes of a 52” Flat Screen TV (ARV- $2500 USD); One (1) First Prize of a Ultimate Tailgate Kit branded in the team of winner’s choice (ARV- $400 USD); Ten (10) Second Prizes of a $50 USD gift certificate to cbssportsstore.com (ARV- $50 each USD); Ten (10) Third Prizes of a year’s supply of Del Monte Gold Extra Sweet Pineapples awarded as 12 coupons worth $5.00 each (ARV-$60 USD. Total ARV of all Prizes is $4000 USD.
4. Prize Restrictions: No cash redemptions. No transfer of prize permitted. No substitutions, except by Sponsor in its sole discretion for a prize of equal or greater value.
5. Eligibility: Game open to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older. Game not open to employees of Del Monte Fresh Produce N.A., Inc. and CBS Interactive Inc., their respective retailers, sales representatives, subsidiaries, distributors, promotion or media partners, printer(s) of game materials, game material suppliers, and other coordinating agencies involved in this promotion, and their immediate families (spouses and parents, children, and siblings and their respective spouses) or those persons living in the same households of any of the entities named above. Void where prohibited by law.
6. Data Collection: Sponsor will be collecting personal data about participants when they enter the Contest. Personal data includes: name, address, e-mail address, home and work phone numbers. Please review Sponsor’s privacy policy at freshdelmonte.com/privacy. By participating in this Contest, entrants hereby agree to all personal information uses and disclaimers as explained in the above noted privacy policy. When entering the Contest you will be asked whether or not you wish to opt in to receive e-mail and/or direct mail from Del Monte Fresh Produce, and/or its related companies and partners. If you choose to opt in, you may opt out of the Del Monte Fresh Produce e-mail list or any partner’s e-mail list at any time by following the opt out instructions on any such e-mails.
7. Limitation of Liability: Del Monte Fresh Produce and the judging organization are not responsible for printing or typographical errors in any Contest-related material. Del Monte Fresh Produce assumes no responsibility for any technical problems in conjunction with transmission or receipt of entry including faulty electronic data transmission, traffic congestion on the Internet or on the web site, hardware or software, equipment failure or malfunction, or other on-line communications problems. Del Monte Fresh Produce reserves the right to cancel, suspend or modify the Contest if fraud or technical failures compromise the integrity of the Contest as determined by Del Monte Fresh Produce at its sole discretion. By participating in this Contest and accepting a prize, winner agrees that Del Monte Fresh Produce, CBS Interactive, Inc, subsidiaries, affiliates, agents, media partners and promotion agencies shall not be liable for any loss, damages, rights, claims, and actions of any kind in connection with the Contest or resulting from the winner’s Contest participation, acceptance, possession, use, or misuse, of any prize, including without limitation, personal injury, death, and property damage, and claims based on publicity rights, privacy or defamation. Del Monte Fresh Produce reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process. Should multiple users of the same e-mail account enter the Contest and a dispute thereafter arise regarding the identity of the entrant, the authorized subscriber of said e-mail account at the time of entry will be considered the entrant. “Authorized account subscriber” is defined as the primary person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization which is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address.
8. Arbitration/Choice of Law: Entrants agree that (a): any and all disputes, claims, and causes of action arising out of or connected with this Contest, or any prize awarded, or the determination of the winner shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of the American Arbitration Association, then effective, and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest but in no event attorney’s fees; and (c) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with this contest shall be governed by the laws of the State of Florida, without regard for conflict of laws principles, and all proceedings shall take place in the federal, state or local courts in and for Miami-Dade County, Florida.
9. Rules Request and Winners List: For a copy of the Official Rules or the name of winners, send a self-addressed, stamped envelope to: “Del Monte Fresh Produce – Ultimate Fan Contest,” 241 Sevilla Ave, Coral Gables, Florida 33134. Requests must be postmarked by December 15, 2008.
10. Sponsor: Del Monte Fresh Produce N.A., Inc.241 Sevilla Avenue, Coral Gables, FL 33134.
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