NO PURCHASE NECESSARY TO ENTER OR CLAIM A PRIZE. THE CONTEST IS OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA, AGES 6 TO 16 AT TIME OF ENTRY. HAVE YOUR PARENT OR LEGAL GUARDIAN ENTER FOR YOU. VOID IN PUERTO RICO AND WHERE PROHIBITED. MANY WILL ENTER, FEW WILL WIN.
1. ELIGIBILITY: NatureSweet® Cherubs® Sweet Sensation "Snack Like An Allstar" Contest ("Contest" or "Promotion") is open only to legal residents of the 50 United States and District of Columbia who are between 6 and 16 years of age at time of entry ("participants" or "contestants"). Children of members of the immediate family or of the same household of employees, officers, and directors of Desert Glory, Ltd. ("Sponsor"), Radio Disney, 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. Produce managers of authorized NatureSweet® resellers are also not eligible. "Immediate family" means children and siblings of such individuals regardless of where they reside. Void where prohibited. Individuals not residing in the United States at time of entry are also not eligible to enter.
2. CONTEST PERIOD: The Entry Period for the Contest begins on April 18, 2010 at 12:01 AM Eastern Daylight Time "(EDT)" and ends on June 07, 2010 at 11:59 PM (EDT). The Public Rating Period for the Contest is scheduled to begin on April 18, 2010 at 12:00 AM (EDT) and ends on June 12, 2010 at 11:59 PM (EDT), however Sponsor may, in its sole discretion, modify the start and/or end dates (and times) of the Public Rating Period by posting a notice to such effect on www.cherubstomatoes.com ("Contest Website" or "Website"). 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 (between 15 – 60 seconds) of contestant showcasing their natural talent inspired by NatureSweet® Cherubs® by singing and/or dancing and/or speaking and/or displaying an act of talent about the snackability and sweetness of NatureSweet® Cherubs® Tomatoes. Video must feature contestant only.
Entry Steps: (For parent/legal guardian* of contestant (NOT contestant him/herself):
- Visit www.cherubstomatoes.com and click on the "Sweet Sensation" contest link.
- Clicks on the link for the Video Entry Form and completes and submits the registration form.
- Follow instructions to upload Video onto the site.
- Click on the link to submit as directed by 11:59 PM (EDT) on June 07, 2010.
- You will receive an on-screen confirmation that you have successfully uploaded contestant’s video.**
*Parent or legal guardian of contestant must be 18 years of age or older.
**This confirmation does NOT constitute any representation by Sponsor of a contestant’s eligibility for the Contest or that a contestant’s video entry is in compliance with the Official Rules.
Entry will not be valid without contestant’s 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. Each entry, however, must be different; the same entry cannot be submitted more than once.
All entries must be submitted by 11:59 PM (EDT) on June 07, 2010 and content must be original to contestant.
Opportunities to participate in the Contest will also be made available off-line at Radio Disney (Radio Remote) events at selected retail & community locations in the following states during the Contest Period: California, Indianapolis, Massachusetts, Michigan, New York, Oregon, Illinois & Washington. The Contest website will feature a schedule of retail/community event locations and dates. If you choose to participate in the Contest at an event, such participation shall be governed by the Rules and Regulations of Participation as posted at the event; such Rules and Regulations are made a part of these Official Rules and are incorporated herein by reference. In the event of any inconsistency between these Official Rules and the Rules and Regulations of Participation, these Official Rules shall prevail, govern and control in all respects.
BY SUBMITTING A VIDEO, PARENT OR LEGAL GUARDIAN (ON BEHALF OF CONTESTANT AND HIM/HERSELF) IS 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 for a participant by using multiple/different e-mail addresses, identities, or any other methods will void all that participant’s entries and that participant will be disqualified. In all cases, entry must be made by a single individual; joint or group entries are prohibited. All entries become the exclusive property of Sponsor. Any entry which Sponsor, in its sole opinion, deems to be inappropriate for publication or viewing will not be considered (for example, profanity and nudity are inappropriate). An entry can neither name, depict, nor describe, any person, living or dead, nor can an entry contain the trademark, trade name, or logo (other than the NatureSweet® trademark 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 protected by copyright, it is recommended that the tune be one dating back to before 1923 or be original to the contestant.)
Use of Videos, Entries and Names: By submitting an entry and Video, parent (or legal guardian), on behalf of contestant and him/herself: (a) grants a license to Sponsor and its agents to possibly post the Video (or any part thereof) and/or use contestant’s first name/last initial 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 neither parent or legal guardian nor contestant him/herself shall have any right of notice, review or approval of any such use of the Video and/or contestant’s name; as well as releasing Sponsor and Administrator from any liability in conjunction with such possible posting of Video and/or contestant’s name; (b) acknowledges and agrees that the Video (or any part thereof) and/or contestant’s 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 (assuming that the contestant him/herself is not the Videographer). POSTED VIDEOS REPRESENT SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL PARTICIPANT WHO CREATED THE VIDEO AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. SPONSOR IS ACTING AS A PASSIVE CONDUIT FOR THE POSTING OF VIDEOS AND HAS NO OBLIGATION AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH SCREENING, MONITORING OR REVIEWING THE CONTENT OF VIDEOS.
By entering, each parent or legal guardian (on behalf of contestant and him/herself) represents and warrants that:
(i) contestant’s Video is the Video of that contestant (that is, the individual depicted in the Video singing, dancing, speaking or displaying an act of talent is the contestant him/herself, not someone else);
(ii) (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 (except only for use of NatureSweet® trademark or logo); 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 (except for NatureSweet® trademark or logo); and,
(v) has not been published on-line or elsewhere, or submitted to any other competition.
Neither Sponsor nor Administrator will 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 and/or comment upon the entries; the placement of accepted entries on the Website will be at Sponsor’s sole discretion. The eight (8) entries who receive the highest ratings in the initial judging ("Finalists") will be posted for viewing only and judged by Administrator & Desert 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. In the Public Rating System, Finalist entry may receive up to another 25 points. The Finalist with the highest cumulative score will win the Grand Prize. The two (2) Finalists with the next highest scores will each win a First Prize. The remaining five (5) Finalists will each win a Second 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. In all phases of Judging (other than Public Rating System), judges will take into account the age of the contestant. Finalists will be determined and posted on or about June 18, 2010 or five (5) business days after conclusion of the Public Rating Period, whichever is later.
5. PUBLIC RATING: The public rating (based on a 5 Star Rating System) to partially determine the eight (8) Finalists is scheduled to take place between April 18, 2010 – June 12, 2010 ("Rating Period") by accessing www.cherubstomatoes.com and following the rating instructions. Individuals may rate as many videos as they would like per day, with a limit of one rating per video per day. Registration at the web site is required to rate videos; and, a person must be 13 years of age or older to rate videos. The use of robotic or automatic devices for rating (or use of any other artifice or device to manipulate the voting totals) is prohibited and Sponsor reserves the right to nullify all such ratings and to disqualify from rating the responsible individual. Sponsor and Administrator may also take other actions that they deem necessary, in their sole discretion, so as to protect their rights.
6. GRAND PRIZE WINNER DETERMINATION/NOTIFICATION OF FIRST AND SECOND PRIZE WINNERS: The parent (or legal guardian) of the Grand Prize winner will be notified on or about June 18, 2010 (or five (5) business days after conclusion of Public Rating Period, whichever is later) via express mail and will be required to sign and return (on behalf of potential winner) 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 parent/legal guardian of the contestant with the next highest cumulative score as per the judging procedure set forth in Rule 4 will be notified, with such contestant being the potential Grand Prize winner. After the eligibility of the Grand Prize winner has been confirmed, the parent (or legal guardian) of the First Prize and Second Prize winners will be notified accordingly via express mail and will be required to sign and return (on behalf of potential winner) a Declaration of Eligibility, a Liability Release and, except where prohibited by law, a Publicity Release; and other documents as requested by Sponsor. If Declaration/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 a First Prize or Second Prize winner is found to be ineligible or not in compliance with these Official Rules, the winner will be disqualified and the parent/legal guardian of the contestant with the next highest cumulative score as per the judging procedure set forth in Rule will be notified.
7. PRIZES/APPROXIMATE RETAIL VALUES ("ARV") (1) Grand Prize: A 3 day/2 night trip for winner and up to (3) guests to Hollywood, CA to attend a Meet and Greet with Allstar Weekend ("Band"). The Grand Prize trip will take place at a time of Sponsor’s sole choosing prior to November 30, 2010. Winner may have the opportunity to record an audio sound bite with Band (not to be aired). 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 Los Angeles airport and hotel, and a check for $1,500 (which can be used to help offset the cost of the taxes and other expenses). ARV: $9,600. In lieu of receiving the prize as specified above, Grand Prize winner has the option of receiving a $7,200 cash payment to be awarded in the form of a check. (2) First Prizes: A Gibson electric guitar signed by Allstar Weekend. ARV: $250. (5) Second Prizes: Allstar Weekend signed merchandise pack consisting of the following items: Teal Faces T-shirt, Laminated Tour Pass, Walking Poster, Button Pack, Purple University Hoodie, Star Tote Bag. ARV: $82 each. Grand Prize and First Prize winners will also receive a merchandise pack.
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 for any reason. 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 on dates and at times determined by Sponsor in its sole discretion based on the availability of Allstar Weekend. 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. Grand Prize winner must be accompanied by his/her parent or legal guardian on trip and parent/legal guardian will count as a travel guest. 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 (and parent/legal guardian will count as a travel guest). 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 and winner will not receive any substitute prize or compensation in conjunction therewith. Approximate retail values of prizes reflect the retail value -- not resale value – of signed merchandise items. For Grand Prize, meet and greet and recording session with Allstar Weekend is subject to their availability and professional commitments; recording session with Allstar Weekend is also subject to production exigencies, studio availability and other contingencies. If for any reason meet and greet with Allstar Weekend and/or recording session with Allstar Weekend is unavailable, the remaining components of the Grand Prize will represent Sponsor’s entire liability to winner. If fewer than (3) guests accompany winner on trip, Sponsor shall award Grand Prize in increments for actual number of travelers and winner will not receive any substitute prize or compensation in conjunction therewith.
9. GENERAL CONDITIONS: By participating, parents (or legal guardians), on behalf of contestants and themselves, 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, Radio Disney, 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 contestant (and 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 any prize or participation in any Contest related activity; (c) that they have read and understand the privacy policy and terms of use of the Website as described below in section 10; (d) to indemnify Sponsor and Administrator for any unauthorized use or misuse of or modification to the Prize; (e) contestants and/or their parents/legal guardians 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 and him/herself, 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, winner’s 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. Contestant’s parent or legal guardian acknowledges 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’s parent or legal guardian irrevocably sells, assigns and transfers to Sponsor all of his/her right, title and interest in and to winner’s 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’s parent or legal guardian hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights” or any similar rights or principles of law that winner and/or his/her parent or legal guardian 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 YOUR CHILD IN THE CONTEST ONLINE, 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 prevail, 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 (in whole or in part), 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/his or her parent or legal guardian’s sole remedy is the opportunity for his/her parent or legal guardian to submit another entry in the Contest, provided that, it is possible for contestant to submit another entry prior to conclusion 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. The preceding also includes any force majeure event (for example, riot, strike, storm or other natural cataclysm) that prevents Sponsor from offering one or more of the scheduled events as set forth in Rule 3. In the event of cancellation, termination or suspension, notice thereof will be posted at www.cherubstomatoes.com and winners will be selected and all prizes made available in a manner determined by Sponsor in its sole discretion to be fair, appropriate, and consistent with these Official Rules. Sponsor reserves the right to void any entries (and/or votes in the Public Rating System component of the judging) 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 (or his/her parent or legal guardian) be permitted to obtain awards for, and contestant and his/her parent or legal guardian hereby waive 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 First Name, Last Initial, City, State of the winners, access www.cherubstomatoes.com before August 31, 2010.
SPONSOR: Desert Glory, Ltd., 2338 N Loop 1604 W., Suite 200 San Antonio, TX 78248