OFFICIAL RULES AND CONDITIONS OF ENTRY
NO PURCHASE OR ENTRY FEE REQUIRED TO ENTER, PARTICIPATE OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
THESE OFFICIAL RULES ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND SPONSOR (AS DEFINED BELOW) AND GOVERN YOUR PARTICIPATION IN THIS CONTEST. ONLY INDIVIDUALS WHO CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW MAY ENTER THIS CONTEST.
DESCRIPTION; TIMING: The Whatsa Frusta? Contest (the “Contest”) is a skilled-based contest. The Contest begins at 12:00:01 a.m. Eastern Time (“ET”) on September 28, 2018 and ends at 11:59 p.m. ET January 7, 2019 (the “Contest Entry Period”). You may participate in the Contest by submitting an original description of a Frusta (“Description”) which may be used in connection with a new product developed by Sponsor, provided that the Description complies with the Entry Guidelines and Restrictions set forth in Section 7. Descriptions will be judged based on creativity and originality (40%), humor (30%) and the relevance to the qualities and characteristic of a Frusta (30%) (together, the “Judging Criteria”), as determined by a panel of qualified judges selected by the Sponsor, and the Descriptions with the highest score will be selected as winners (subject to verification of eligibility as described below).
SPONSOR: Ever Better Eating, Inc (American Flatbread Frozen Brand Products) P.O. Box 56 Pittsfield, NH 03263 (the “Sponsor”).
ELIGIBILITY: The Contest is open only to legal residents of Maine, New Hampshire, Vermont, Rhode Island, Connecticut, Massachusetts, New York, New Jersey, Maryland, Wisconsin, Minnesota, Texas, Colorado, Utah, Arizona, Nevada, Southern California and Washington who are at least 21 years of age or older as of the date of entry. Employees, directors, officers, agents, representatives and their immediate family members (spouses and siblings, parents and children and their spouses) and household members (whether related or not) of Sponsor and its parent companies, subsidiaries, distributors, affiliates, vendors, service agencies and companies involved in the design, implementation and execution of the Contest (“Contest Partners”) are not eligible to participate in the Contest. The Contest is governed by U.S. law and is subject to applicable federal, state and local laws and regulations and is void wherever prohibited or restricted by law.
AGREEMENT TO THE OFFICIAL RULES: By entering the Contest, you fully and unconditionally agree to be bound by and accept all terms of these Official Rules and Conditions of Entry (the “Official Rules”) and the decisions of Sponsor (including decisions with respect to the selection of winners and the interpretation of these Official Rules), which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
HOW TO ENTER: To enter the Contest, visit the Contest website at http://www.whatsfrusta.com (the “Contest Website”) during the Contest Entry Period, scroll down to find the submission portal and provide your name, email address and your Description (“Entry”). Entrants must follow the entry instructions provided on the Contest Website and complete and submit all require information.
Limit of ten (10) Entries per person. Each Entry must be received before the end of the Contest Entry Period in order to be eligible for entry. Only those Entries actually received will be entered in the Contest. For purposes of this Contest, an on-line entry is “received” when the applicable Contest Website’s servers record the Entry. All times are measured by Sponsor’s clock. Upon submission, all Entries become the property of Sponsor and will not be returned or acknowledged. Proof of submission is not proof of receipt; screen shots or confirming emails will not be accepted as proof of receipt. Sponsor and Contest Partners are not responsible for lost, late, illegible, garbled, incomplete, damaged, undeliverable or misdirected Contest Submissions. Those who do not follow all of the instructions, provide the required information in their Entry, or abide by these Official Rules or other instructions of Sponsor may be disqualified at Sponsor’s sole and absolute discretion. By submitting your Entry, you agree that the Entry and Description conforms to the Entry Guidelines and Restrictions set forth below and that Sponsor, in its sole discretion, may disqualify you from the Contest if it believes, in its sole and absolute discretion, that your Entry or Description fails to conform to the Entry Guidelines and Restrictions or it determines your Description to be inappropriate for any reason. Sponsor and Contest Partners are not responsible for any changes or effects caused to any entrant’s computer system as a result of submitting an Entry or participating in the Contest.
WINNER DETERMINATION: Descriptions submitted through eligible Entries during the Contest Entry Period will be reviewed by a qualified panel of judges determined by Sponsor in Sponsor’s sole discretion (the “Judges”). The Judges will evaluate Descriptions based on the Judging Criteria set forth in Section 1, and the Descriptions with the highest evaluation scores will be deemed the winners (subject to verification of eligibility). In the event of a tie, Sponsor will break the tie using the highest ranking Description in the originality category. One (1) Grand Prize winner (“Grand Prize Winner”), three (3) honorable mention winners (“Honorable Mention Winners”) and one-hundred (100) general winner prize winners (“General Winner Prizes”) will be awarded (collectively, “Prize Winners”). The judging will take place within approximately [one week] from the end of the Contest Entry Period (the “Judging Phase”). Decisions as to the selection of winners are final and binding in all matters, and will be announced to the public primarily via the Contest Website, as well as other advertising and promotional means selected by Sponsor.
ENTRY GUIDELINES AND CONTENT RESTRICTIONS: Entries submitted in the Contest must satisfy the following guidelines and content restrictions (“Entry Guidelines and Restrictions”) in order to be eligible:
- The Description should be creative, clever and relevant.
- The Description can only be up to four hundred (400) characters in length including spaces and must be in English.
- The Description must be the original work of the entrant and not previously published.
- The Description must not violate or infringe another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement.
- The Description must not contain any brand names, advertising logos or trademarks, other than those owned by Sponsor, which entrant has a limited license to use to incorporate in his or her Description submitted in this Contest.
- The Description cannot have been submitted previously in a promotion or contest of any kind or exhibited or displayed publicly through any means.
- The Description must not: (1) be inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous; (2) promote bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; (3) be unlawful; (4) be harmful to other user of the Contest Website such as contain a virus or other technologies that could adversely impact the contest; and/or (5) be disparaging to Sponsor or be inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate (at Sponsor’s sole and absolute discretion).
- The Description shall not contain any personal information about another individual, including another person’s address, phone number, email address, credit card or any other information that may be used to track contact or impersonate that individual.
In the event of a dispute as to the entrant for any Entry, the authorized account holder of the e-mail address used to register will be deemed to be the entrant and must comply with these Official Rules. The “authorized account holder” is the natural person assigned an e-mail address by an Internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address. Each online entrant may be required to show proof of being an authorized account holder.
REPRESENTATIONS AND WARRANTIES: By submitting an Entry, entrant represents and warrants that (a) entrant’s Description is original and created solely by entrant and that the exercise of the rights granted by entrant to Sponsor shall not infringe on the rights of any third party; (b) the Description, or any portion thereof, has not been entered in any other promotion or contest and is not subject to any lien or encumbrance; (c) entrant has the full and exclusive right, power and authority to submit the Entry and Description, and to grant Sponsor and Sponsor’s designees the right to present any portion of the Description to the public, without further compensation; (d) no rights in any portion of the Description have been previously granted to any other person, firm, corporation or entity; and (e) the Description does not and will not violate the Entry Guidelines and Restrictions or any applicable federal, state or local laws or regulations. Entrant hereby agrees to indemnify Sponsor and the Released Parties (as defined in Section 14 below) and any licensee of Sponsor against all claims, damages, liabilities and expenses (including attorneys’ fees and legal expenses) arising out of any breach or alleged breach of these representations and warranties.
WINNER REQUIREMENTS: The potential winners will be notified by e-mail on or about January 14, 2019, unless extended by Sponsor. Two attempts will be made to contact the potential winners within a two (2) day period. If the potential winner cannot be contacted, or if the e-mail attempt is consistently returned as undeliverable, it will result in disqualification and the Sponsor may, but is not required to, select an alternate winner. The potential Grand Prize Winner and Honorable Mention Winners must complete, sign and return an Affidavit of Eligibility, Liability and Publicity Release. If the potential Grand Prize Winner or a Honorable Mention Winner fails to return these documents within ten (10) days from the date of the potential winner’s notification, he or she will be disqualified and the Sponsor may, but is not required to, select an alternate winner. Sponsor and Contest Partners are not responsible for winner notifications or affidavits/releases that are misdirected or not received. Upon receipt of the completed documents and verification that the potential winners satisfies all eligibility requirements of the Contest, such individuals will be deemed the Grand Prize Winner or a Honorable Mention Winner and will then be given directions on how to claim his or her prize. Consolation Winners will receive his or her prize by email or mail no later than January 28, 2019. If a Prize Winner does not claim his or her prize as directed, such prize will be forfeited and will not be re-awarded in this Contest and will remain the sole property of Sponsor. Acceptance of any prize shall constitute and signify the winner’s agreement and consent that Sponsor and its designees may use the winner’s name, city, state, likeness, photo, Description and/or prize information for any lawful purpose, including without limitation, for promotional, advertising or marketing purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without payment, notification, permission or other consideration, except where prohibited by law. Winners accept and acknowledge that Sponsor shall not be obligated to use any Description in any manner and that Sponsor in its sole discretion shall have the right to refrain from using all or any portion of any Description. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder.
PRIZE DESCRIPTION: The Grand Prize Winner will receive a $2,000 travel voucher no later than January 28, 2019. Honorable Mention Winners will receive Frustas for a Year which equals 24 full-price vouchers for Frustas products (approximate retail value: $200). Coupons awarded to Honorable Mention Winner may be sent to winners all at once no later than January 28, 2019 or separately throughout the year from January 28, 2019 –January 28, 2020, with product of and delivery method of coupon determined by Sponsor in Sponsor’s discretion. General Winners will receive a full-price online or physical coupon for one (1) Frustas product determined by Sponsor in Sponsor’s discretion (physical coupon up to $10 value) no later than January 28, 2018. All costs and expenses that are not specifically listed as part of the prize in the Official Rules and that may be incurred in entering the Contest, or receiving or using the prize, including all taxes, are solely the responsibility of the winners.
PRIZE CONDITIONS: Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value than the prizes. No cash substitutions will be allowed. The prizes are non-assignable and non-transferrable. No more than the advertised number of prizes will be awarded. Any applicable federal, state or local taxes are the sole responsibility of each Prize Winner. Each Prize Winner is solely responsible for any and all expenses or fees incurred in connection with or incidental to the receipt or use of his/her prize, and Sponsor and Released Parties shall not be responsible or liable for expenses or charges incurred by the Prize Winner in connection with the receipt or use of the prize. The prizes are awarded “as is” with no guarantees or warranties, either express or implied. The Sponsor makes no representations or warranties in connection with the Contest or the prizes and EXPRESSLY DISCLAIMS ALL WARRANTIES AND RIGHTS IMPLIED BY STATUTE OR OTHERWISE, INCLUDING WARRANTIES AND RIGHTS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, to the maximum extent permitted by law. If a Prize Winner declines to accept the awarded prize or is disqualified for failure to comply with the prize conditions set forth herein or these Official Rules, the selected winner will forfeit the prize and Sponsor may, but is not required to, award the forfeited prize to an alternate winner. The prizes (or any portion thereof) awarded may differ from any depiction shown in any promotional materials in connection with the Contest. All prize details are in Sponsor’s sole discretion. Sponsor and Contest Partners are not responsible and shall not be liable if a prize is declined or undeliverable. Sponsor and the Contest Partners shall not be responsible for any limitations that prevent a Prize Winner from accepting or using the awarded prize. The failure of Sponsor or Contest Partners to comply with any provision of these Official Rules due to an act of God, act of domestic terrorism, hurricane, war, fire, riot, earthquake, act of public enemies, actions of governmental authorities outside of the control of such parties (excepting compliance with applicable codes or regulations) or other force major events will not be considered a breach of these Official Rules.
INTELLECTUAL PROPERTY. In return for entering and participating in the Contest and possibly winning a prize, entrant hereby transfers and assigns to Sponsor all rights, including but not limited to all copyright and trademark rights, on a worldwide basis, in and to the Description submitted by entrant in connection with the Contest. Such transfer and assignment of rights, including without limitation, the right to secure registrations and renewals for trademarks and copyrights in, for or related to the Description, and any and all goodwill and common law rights related to the Description and to recover damages thereof. Entrant will execute, without further assurances or consideration, all additional documents necessary to confirm the Sponsor’s ownership of all copyrights, trademarks and other intellectual and proprietary rights related to the Description, and to obtain for Sponsor any transfer, registration, renewal of any such rights, worldwide. Entrant agrees that Sponsor may use, edit, publish, promote, register and transfer the Description and all right therein without restriction and entrant will not receive any compensation from Sponsor except if entrant is a Prize winner.
RIGHT OF PUBLICITY: By entering the Contest, each entrant consents to the use of the entrant’s name, city, state, likeness, picture, portrait, voice, biographical and personal background information, Description, prize information and image for purposes of advertising, marketing and promoting Sponsor and Sponsor’s designees without, compensation or further review, consent or notification, except where prohibited by law.
RELEASE OF LIABILITY: By entering the Contest, each entrant agrees to release and hold harmless the Sponsor, Contest Partners and any other party associated with the development or administration of this Contest, their parent, subsidiary, and affiliated entities, and each of their respective officers, directors, employees, representatives, agents, successors and assigns (together, the “Released Parties”), from any and all liability whatsoever in connection with the Contest, including without limitation any claims, costs, injuries, losses, damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, moral rights defamation, portrayal in a false light or claims for any other harm or loss of any nature, arising out of the entrant’s participation in the Contest or receipt or use or misuse of any prize (collectively, the “Claims”), and each Prize Winner releases and discharges the Released Parties from any and all Claims in connection with the administration of this Contest and the use, misuse, or possession of any prize.
GENERAL CONDITIONS: Sponsor reserves the right to modify, suspect, extend or cancel the Contest (with or without notice) at any time at Sponsor’s sole discretion and may, but is not required to, substitute another contest in its place. Sponsor further reserves the right to amend these Official Rules at any time, in Sponsor’s sole discretion. Sponsor reserves the right to cancel, suspend or modify the Contest, or any part of it, if any fraud, technical failures or other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole and absolute discretion, or for any other reason. If terminated Sponsor may, in its sole discretion, determine the Prize Winners from among all non-suspect, eligible entries received up to the time of such action using the judging procedures outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner and void all associated entries. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) 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. Copying or unauthorized use of any copyrighted material or trademarks without the express written consent of its owner is strictly prohibited.
LIMITATIONS OF LIABILITY: Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by Released Party or an entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (b) technical failures of any kind, including but not limited to malfunctions, interruptions or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the submission process or the Contest; (d) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the submission of Descriptions, the processing or judging of Entries and Descriptions, the announcement of the prizes, or Prize Winners, or in any Contest-related materials; (e) late, lost, undeliverable, damaged or stolen mail; or (f) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Entries or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any third party use of any Description.
DISPUTES: All entrants agree that any and all disputes, claims and causes of action arising out of or in connection with this Contest, or any prize awarded or the determination of Prize Winners, which cannot be resolved between the parties, shall be resolved individually, without resort to any form of class action, exclusively by arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, then in effect. Further, in any such dispute, 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, including attorneys’ fees, other than entrant’s actual out-of-pocket expenses (i.e., costs associated with entering this Contest), and entrant further waives any and all rights to have damages multiplied or otherwise increased. Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of the entrants, Prize Winners, Sponsor and Contest Partners in connection with the Contest shall be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of North Carolina or any other jurisdiction) that would cause application of the laws of any jurisdiction other than the State of North Carolina. All entrants consent to the sole and exclusive jurisdiction and venue of the courts located within Mecklenburg County, North Carolina.
WINNER’S LIST: To obtain a copy of these Official Rules or a winner’s list via mail, please mail your request, together with a self-addressed, stamped envelope (#10), to: Concentric Consumer Marketing, 2018 Whatsa Frusta Contest: Winner List, 500 East Boulevard, Charlotte, NC 28203. Requests received after January 7, 2019 will not be honored.
THIS CONTEST IS NOT SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK OR INSTAGRAM AND IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. BY PARTICIPATING, YOU HEREBY RELEASE AND HOLD HARMLESS FACEBOOK AND INSTAGRAM FROM ANY AND ALL LIABILITY ASSOCIATED WITH THIS CONTEST.