NO PURCHASE NECESSARY TO ENTER OR CLAIM A PRIZE. THE CONTEST IS OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA, AGES 8 TO 13 AT TIME OF ENTRY. VOID IN PUERTO RICO AND WHERE PROHIBITED. MANY WILL ENTER. FEW WILL WIN.
1. ELIGIBILITY: NatureSweet® Cherubs® “Be The Next Sweet Sensation” Contest (“Contest” or “Promotion”) is open only to legal residents of the 50 United States and District of Columbia who are between 8 and 13 years of age at time of entry (“participants” or “contestants”). Members of the immediate family or of the same household of employees, officers, and directors of Desert Glory Ltd. (“Sponsor”), Alcone Marketing Group (“Administrator”), and each of their respective parent companies, subsidiaries, corporate affiliates, advertising and promotion agencies and entities engaged in the design and implementation of the Contest are not eligible. "Immediate family" means children and siblings of such individuals regardless of where they reside. Void where prohibited.
2. CONTEST PERIOD: The Entry Period for the Contest begins on March 15, 2009 at 12:00:01 A.M. Pacific Time (PT) and ends on May 10, 2009 at 11:59:59 P.M. (PT). The Public Rating Period for the Contest begins on March 15, 2009 at 12:00:01 A.M. Pacific Time (PT) and ends on May 15, 2009 at 11:59:59 P.M. (PT). The Contest Data Base is the official time keeping device for the Contest.
3. HOW TO ENTER: The contestant or parent or legal guardian on behalf of contestant, should prepare a Video (with a suggested minimum length of 15 seconds and a maximum length of 60 seconds and cannot exceed 20 MB in size) of contestant performing by singing and/or dancing and/or speaking about the snackability and sweetness of NatureSweet® Cherubs® Tomatoes; access www.cherubstomatoes.com during the Contest Period; click on the link to the “Be The Next Sweet Sensation Contest;” and follow the instructions to enter.
Entry Steps:
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Click on the link for the Video Entry Form and complete and submit form. |
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Follow instructions to upload Video onto the site. |
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Click on the link to submit as directed by 11:59:59 P.M. on May 10, 2009. |
Explicit permission of contestant’s parent (or legal guardian) will be required for entry by all individuals.
Entry will not be valid without contestant and parent/legal guardian checking box or boxes agreeing to these Official Rules. There is a limit of five (5) contest entries per person for the Contest Period.
All entries must be submitted by 11:59:59 P.M. on May 10, 2009 and content must be original to contestant.
Opportunities to participate will be made available at events at selected retail locations in the following states during the contest period: California, Illinois, Michigan & Washington.
BY SUBMITTING A VIDEO, CONTESTANT AND PARENT OR LEGAL GUARDIAN ARE CONSENTING TO THE POSTING OF THE VIDEO ON WEB SITE FOR PUBLIC VIEWING AND RATING.
About Entries: Any attempt by parent or legal guardian on behalf of a participant to obtain more than five (5) entries by using multiple/different e-mail addresses, identities, or any other methods will void that participant’s entries and that participant will be disqualified. All entries become the exclusive property of Sponsor, and will not be acknowledged or returned. Any entry which Sponsor, in its sole opinion, deems to be inappropriate for publication or viewing will not be considered. An entry can neither name, depict, nor describe, any person, living or dead, (except as provided in these Official Rules), nor can an entry contain the trademark, trade name, or logo (other than a NatureSweet®, trade name, or logo), or copyrighted material, including music, of any person or entity. If any entry is determined in Sponsor’s sole discretion to infringe on the rights of any third party, that entry will be disqualified.
Video Specifications: Video can be in color or black and white with a minimum length of 15 seconds and a maximum length of 60 seconds and cannot exceed 20 MB in size. The video cannot contain any individual other than the contestant; mention any other individual; or involve copyrighted music. (If there is any doubt as to whether the tune to be used is covered by copyright, it is recommended that the tune be one dating back to before 1925 or be original to the contestant.)
Use of Videos, Entries and Names: By submitting a name, entry and Video, contestant and parent (or legal guardian): (a) grant a license to Sponsor and its agents to post the Video (or any part thereof) and/or use contestant’s name on the web site, www.cherubstomatoes.com or any other web site related to the Contest, at any time or times, as is consistent with the Official Rules, and contestants shall have no right of notice, review or approval of any such use of the Video and/or contestant’s name, (b) acknowledges and agrees that the Video (or any part thereof) and/or his/her name may be used in whole or in part, alone or in combination with other works, and that the Video may be changed, altered, edited or modified, used in distorted, illusory or composite form, or in any other manner, as solely determined by Sponsor; and warrants and represents that contestant has received all rights, releases and permissions which may be necessary from the Videographer of the Video to grant this license for the use of the Video as stated.
By entering, each contestant and their parent or legal guardian represents and warrants that:
(i) contestant’s Video is the Video of that contestant;
(ii) the Video is the sole, exclusive, and original creation of contestant and has not been copied in whole or in part from any other work; and,
(iii) does not violate or infringe any copyright, trademark/trade name, logo, or intellectual property right, other proprietary right of any person (including but not limited to rights of privacy or publicity or portrayal in a false light), or entity; and,
(iv) is the sole and exclusive property of contestant; and,
(v) has not been published, or submitted in any other competition.
Sponsor will not respond to any questions about an entry or the Contest. Once an entry is submitted, it cannot be changed, altered or modified.
4. SELECTION OF THE FINALISTS AND JUDGING: All entries will be pre-screened for compliance with the Official Rules. Accepted entries initially will be judged by Administrator on the basis of the following criteria: (a) Relevance to Cherubs® Snackability and Sweetness Theme (up to 50 points), and (b) Creativity/Originality (up to 50 points). All accepted entries also will be posted to www.cherubstomatoes.com to be viewed by members of the general public who will be asked to rate the entries as set forth in Rule 5 (which rating will account for up to 25 points of the Final Judging). The ten entries who receive the highest ratings in the initial judging (“Finalists”) will be posted for viewing only and judged in dual part by Administrator & Dessert Glory Ltd. (“Judging Panel”) in accordance with the following criteria: (a) Relevance to Cherubs® Snackability Theme (up to 37.5 points), and (b) Creativity/Originality (up to 37.5 points); for a maximum of 75 points. The Finalist with the highest cumulative score will win the Grand Prize. The remaining nine (9) Finalists will win a First Prize. In the event of a tie, the winning entry will be the entry (among tied entries) with the higher/highest score in Relevance to Theme and if there is still a tie, the tied entries will be rejudged by the Sponsor. Finalists will be determined and posted on or about 5/19/09.
5. PUBLIC RATING: The public rating (based on a 5 Star Rating System) to partially determine the ten (10) Finalists will take place between 3/15/09 – 5/15/09 (“Rating Period”) by accessing www.cherubstomatoes.com and following the rating instructions. Individuals under the age of 13 may rate videos only with the written consent via email of their parent or legal guardian. Individuals may rate as many videos as they would like per day, with a limit of one rating per video per day. The use of robotic or automatic devices for rating is prohibited and Sponsor reserves the right to nullify all such ratings and to disqualify from rating the responsible individual or any other individual attempting to rate the same video more than once per day.
6. GRAND PRIZE WINNER DETERMINATION: The determination of the Grand Prize winner will be made by a Judging Panel based on the criteria stated in Rule 4. The parent (or legal guardian) of the Grand Prize winner will be notified on or about 5/20/09 via express mail and/or telephone and will be required to sign and return an Affidavit of Eligibility, a Liability Release and, except where prohibited by law, a Publicity Release; and other documents as requested by Sponsor. If Affidavit/Release and/or any additional documents and releases required are not received within three (3) days of date stated on notification, or if notification is returned as non-deliverable, or if Grand Prize winner is found to be ineligible or not in compliance with these Official Rules, the Grand Prize winner will be disqualified and the contestant with the next highest cumulative score based on the criteria above will be notified.
7. PRIZES/APPROXIMATE RETAIL VALUES (“ARV”): (1) Grand Prize: A 3 day/2 night trip for a family of four to Hollywood, CA. Trip consists of round-trip coach air transportation from major airport near winner’s residence to Los Angeles, standard hotel accommodations for 2 nights (2 rooms - double occupancy), round-trip transfers between airport and hotel, acting classes for winner only, and a check for $1,500 (which can be used to help offset the cost of the taxes and other expenses). ARV: $8,100. In lieu of receiving the prize as specified above, Grand Prize winner has the option of receiving a $6,000 cash payment to be awarded in the form of a check. In addition, Grand Prize winner may have the opportunity as determined by Sponsor at its sole discretion to become the Cherubs® Spokeskid. As such, Grand Prize winner’s photograph may appear in future Cherubs® Tomatoes advertising, product packaging and/or the Cherubs® Tomatoes website as determined by Sponsor in its sole discretion. (9) First Prizes: Digital Video Camera. ARV: $200.
8. PRIZE RESTRICTIONS: No substitution, cash redemption (except as specified in Rule 7) or transfer of prize, but Sponsor reserves right to substitute prize in whole or in part with prize of comparable or greater value if advertised prize becomes unavailable. Limit of one prize per person. Prizes will be in the name of winner’s parent or legal guardian, who will assume all responsibilities of winner. An IRS Form 1099 for the fair market value of the Grand Prize will be filed and a copy provided to the parent (or legal guardian) of the Grand Prize winner. All applicable federal, state, local and other taxes and fees associated with the prize and expenses not stated related to acceptance and use of a prize are solely the responsibility of the parent (or legal guardian) of winners. If a prize cannot be accepted as stated prize will be forfeited in its entirety and to the extent feasible will be awarded to an alternate winner. Grand Prize travel is subject to airline and hotel availability, and other restrictions apply. Trip must be completed by September 30, 2010. Confirmation will be given on a space-available basis only. Once a reservation has been confirmed, no changes are permitted. Reservations and airline tickets are non-refundable for cash or credit, non-transferable and non-changeable once issued. If lost, they will not be replaced. Grand Prize winner and travel guests must travel on same itinerary on dates and at times approved by Sponsor. Travel guests of Grand Prize winner must execute a Liability Release and, where legal, Publicity Release within a specified time prior to issuance of travel documents. If a travel guest is a minor, parent/legal guardian must accompany the guest on trip and must sign release documents on minor guest’s behalf. Grand Prize winner and guests are solely responsible for required travel documents such as government-issued photo identification. Actual value of Grand Prize will vary depending upon winner’s residence and time of travel. If Grand Prize winner lives within approximately 150 miles of Los Angeles, California (as determined by Sponsor in its sole discretion), ground transportation will be provided in lieu of air transportation.
9. GENERAL CONDITIONS: By participating, contestants and their parents (or legal guardians) agree (a) to be bound by these Official Rules and the decisions of Sponsor and judges, which decisions shall be final and binding in all matters relating to the Contest; (b) that Sponsor, Administrator, their respective affiliates, parent companies, subsidiaries, distributors, advertising and promotion agencies, and their respective officers, directors, employees, representatives and agents (individually and collectively “Releasees”) are released, will have no liability whatsoever for, and shall be held harmless by contestants (and a contestant’s parent/legal guardian) against any and all liability for any injuries, losses or damages, rights, claims and actions of any kind to person(s), including personal injury, death, or damage to or loss of property, or intellectual property, or rights of publicity or privacy, defamation, or portrayal in a false light, resulting in whole or in part, directly or indirectly, in connection with the acceptance, possession, misuse or use of the prize or participation in any Contest related activity; (c) that they have read and understand the privacy policy and terms of use as described below in section 9; (d) to indemnify Sponsor for any unauthorized use or misuse of or modification to the Prize; (e) contestants who do not comply with these Official Rules, or who attempt to interfere with this Contest in any way shall be disqualified and (f) parent or legal guardian on behalf of winner, by acceptance of prize, except where legally prohibited, grants permission for Sponsor (and agrees to confirm such permission in writing) and those acting pursuant to Sponsor’s authority to use, in perpetuity, his/her name, picture, voice and/or likeness, biographical information and statements and prize information, and entry Video(s) (and notwithstanding anything to the contrary in these Official Rules license the use of the entry Video to Sponsor, which may be altered, changed, modified, edited, used alone, together or with other works, and/or used in distorted, illusory or composite form, as solely determined by Sponsor) for advertising, trade and promotional purposes without further compensation, at any times or time, in all media now known or hereafter discovered world wide, and on the Internet and/or World Wide Web, without notice or review or approval. Contestants acknowledge that no representation or warranty, written or oral, express or implied, in law or in fact is made for any prize except only that which may be made for that prize in the limited written warranty, if any, provided with that prize by the manufacturer of that prize. Winning Videos will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then winner irrevocably sells, assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Video, including but not limited to all copyright and trademark rights, in the United States and worldwide, therein, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights” or any similar rights or principles of law that winner may now or later have in the Video. Upon request of Sponsor, winner’s parent or legal guardian shall execute and deliver such additional instrument of sale, transfer and assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the entry and of the copyrights transferred hereunder, and the waiver of all rights of “Droit Moral” or “Moral Rights” or any similar rights or principles of law; and to record and perfect same. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the transfer and/or assignment.
10. LIABILITY LIMITATIONS: Participation in Contest online is subject to the Privacy Policy and Terms of Use at www.cherubstomatoes.com. IF YOU DO NOT AGREE TO THE PRIVACY POLICY AND TERMS OF USE, DO NOT ENTER THE CONTEST, PROVIDE ANY PERSONAL INFORMATION ON THE WEB SITE OR OTHERWISE USE THE WEB SITE. The Releasees are not responsible for and shall not be liable for: (a) printing or typographical errors in any Contest-related materials and in the event of any inconsistency between Contest-related materials and these Official Rules, these Official Rules shall govern and control, (b) technical failures of any kind including but not limited to electronic, hardware or software program, network, telephone (including wireless devices and/or handsets), Internet, website, ISP availability or computer malfunctions, failures, or difficulties of any kind, including without limitation, computer malfunction or by any human error which may occur in the administration, collection and processing of entries; (c) failed, incomplete, garbled or delayed computer transmissions; (d) lost, late, undeliverable, misdirected or incomplete or inaccurate entries or regular or express mail; (e) unauthorized human intervention in any part of the entry process or the Contest; (f) any error or condition that may cause the Contest to be disrupted or corrupted, regardless of the cause; or (g) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participation in the Contest or receipt or use or misuse of any prize. If, for any reason, a contestant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, contestant’s sole remedy is another entry in the Contest, provided that, it is possible to award another entry prior to discontinuance of the Contest.
Sponsor reserves the right, in its sole discretion, to cancel, modify, terminate or suspend the Contest or any portion thereof should the Contest be incapable of running as planned, including viruses, bugs, technical difficulties, unauthorized intervention, suspected or actual electronic tampering, fraud, or other causes for any reason corrupt the administration, security, fairness, integrity or proper play of the Contest. In the event of cancellation, termination or suspension, notice thereof will be posted at www.cherubstomatoes.com and select winners from among all eligible entries legitimately received immediately prior to the event causing the termination or suspension. Sponsor reserves the right to void any entries determined by Sponsor in its sole discretion to have been submitted fraudulently or in contravention of the Official Rules. CAUTION: ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. SPONSOR’S FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THAT PROVISION. Contest, including construction, validity, interpretation and enforceability of these Official Rules shall be (1) governed by the laws of the State of Texas without regard to choice of law or conflict of law principles (whether of the State of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas; (2) any dispute, claims and causes of action arising out of or connected in any way with the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and brought exclusively in a federal or state court in Texas; (3) 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 attorneys’ fees; and (4) under no circumstances will contestant be permitted to obtain awards for, and contestant hereby waives all rights to claim, indirect, 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.
11. WINNERS LIST: For the names of the winners, mail a self-addressed first class stamped envelope to: NatureSweet® Cherubs® “Be the Next Sweet Sensation” Contest Winners, P.O. Box 6626, Saddle Brook, NJ 07663 for receipt by 6/30/09.
SPONSOR: Desert Glory Ltd, San Antonio, TX 79249