POM FRESH VIDEO CONTEST OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN IN THE POM FRESH VIDEO CONTEST ("CONTEST"). Entry into this Contest constitutes your acceptance of these Official Rules.
CONTEST ENTRY DATES:
Contest begins October 22, 2007 at 12:01 a.m. Pacific Time ("PT") and ends December 31, 2008 at 11:59 p.m. PT ("Contest Entry Period").
WHO MAY ENTER:
Open only to legal residents of the fifty (50) United States and District of Columbia and age 18 and older. Employees (and their immediate families (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) or those living in the same households, whether or not related) of POM Wonderful LLC ("Sponsor"), and its parent, affiliates, subsidiaries, distributors and advertising and promotion agencies (collectively, "Contest Parties") are not eligible to enter or win. Contest subject to all applicable federal, state and local laws and regulations. Void where prohibited by law.
CONTEST ENTRY/OBJECTIVE:
The objective of the Contest is to submit a short video of no more than ninety (90) seconds in length and must be about POM Fresh.
HOW TO ENTER:
During the Contest Entry Period, you must complete both of the following steps: 1. First, click on the "Upload Your Video on YouTube" link (http://www.youtube.com/user/pomonline) to go to the POM Fresh User Group on YouTube. If you are not an existing user of YouTube, you will be required to create a free user account. Registration on YouTube must be completed before a video can be submitted. When you register your YouTube account, you will be required to agree to the YouTube Terms of Use, located at http://www.youtube.com/t/terms, and the YouTube Privacy Policy, located at http://www.youtube.com/t/privacy. Once registered with YouTube, go to the POM Fresh Group on YouTube and join the Contest Group. When you have successfully joined the Contest Group, click "Upload Videos" and follow the instructions to upload your final, edited commercial (your "Entry"). Any Entry that does not include all required information and adhere to the foregoing and following requirements will be considered void and will not be considered in the judging of this Contest. 2. Second, after you have uploaded your Entry on YouTube, you must return to the Contest Web Site (www.pomvideo.com) to register your Entry. To register, click on the "Enter Now" link and enter the requested information. You will be asked to provide your contact information, the name of your Entry and the unique YouTube URL to your Entry. Finish by clicking the "Submit" button.
CONDITIONS OF ENTRY:
Video file must be submitted to YouTube.com (http://www.youtube.com/user/pomonline) and must be 100MB or smaller and in .mov (QuickTime), .mpg (MPEG), .mp4 (MPEG-4), .wmv (Windows Media) or .avi (AVI) .3gp or .3g2 file format. Video must be ninety (90) seconds in length or less. All Entries must be received by December 31, 2008 at 11:59p.m. ET. Limit one (1) Entry per person/address/email address/YouTube username. For purposes of these Official Rules, "receipt" of an Entry occurs when Sponsor's servers record the Entry information resulting from contestant clicking the "submit" button.
By submitting an Entry, contestant hereby grants permission for his/her Entry to be posted on any of Sponsor's websites and/or the POM Fresh YouTube.com page for viewing by visitors to the website and as otherwise used as set forth in these Official Rules. Released Parties (as defined below) are not responsible for any unauthorized use by third parties of any Entry. Sponsor does not guarantee the posting of any Entry.
Entry must be the original work of the contestant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the Entry contains any material or elements that are not owned by the contestant and/or which are subject to the rights of third parties, the contestant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Entry. If any identifiable person appearing in the Entry is under the age of majority in his/her state of residence, the parent or legal guardian is required to provide permission. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any contestant at any time. By submitting an Entry, contestant warrants and represents that he/she and any persons appearing or who are identifiable in the Entry consents to the submission and use of the Entry in the Contest, and to their posting on any of Sponsor's websites and/or the POM Fresh YouTube.com page and as otherwise set forth in these Official Rules.
Entries must comply with the following content guidelines to be eligible:
* Content may not be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or contain nudity;
* Content may not promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
* Content may not be obscene or offensive, endorse any form of hate or hate group;
* Content may not defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other products, people or companies;
* Content may not contain trademarks, logos or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
* Content may not contain copyrighted materials owned by others (including music, photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission;
* Content may not contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;
* Content may not communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and
* Content may not depict and may not itself be in violation of any law or otherwise.
Sponsor reserves the right to disqualify any Entry for any reason, in its sole and absolute discretion.
GRAND PRIZE JUDGING:
Round 1: All eligible Entries received will be judged by a panel of judges using the following equally weighted criteria: 1) creative use of POM Fresh product in video; 2) originality; 3) humor; 4) story line and 5) video quality ("Judging Criteria"), to determine the top ten (10) Entries ("Grand Prize Finalists"). In the event of a tie, an additional "tie-breaking" judge will determine the Finalist(s) from among such tied Entries using the judging criteria listed herein. Sponsor reserves the right to select fewer than ten (10) Finalists if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries.
GRAND PRIZE VOTING:
Visitors will be able to view each Finalist at www.pomfresh.com and vote for their favorite between 12:01AM. PT on January 15, 2009 and 11:59 p.m. PT on February 15, 2009 ("Online Voting Period"). Limit one (1) vote per person. Multiple votes received from any person or email address will be void. Votes generated by script, macro or other automated means or with the intent to impair the integrity of the voting system may, at Sponsor's sole discretion, also be void. Finalists are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion. The Finalist(s) who receive the highest number of eligible votes, as determined by Sponsor in its sole discretion, will be deemed the Grand Prize winner. In the event of a tie, a tie-breaking judge will determine the applicable winner using the Judging Criteria. All prize awards are subject to verification of eligibility and compliance with the terms of these Official Rules.
Judges' and Sponsor's decisions are final and binding.
WINNER NOTIFICATION:
Winner will be announced on or around February 20, 2009. Potential winners will each be notified by e-mail, phone and/or mail and may be required to execute and return an Affidavit of Eligibility and Liability/Publicity Release ("Affidavit/Release") as well as any other documents which may be required by Sponsor, all of which must be received fully-executed within seven (7) days of date printed on notification or he/she may be disqualified. If three attempts to contact winner, Sponsor has been unable to do so, he/she will be disqualified. If a potential winner is eligible but considered a minor in his or her state of permanent residence, Sponsor reserves the right to award the prize in the name of his/her parent or legal guardian who will be required to execute and return the Affidavit/Release and all other required documents on winner's behalf as well as comply with any other requirements imposed on winner set forth herein. In the event it is determined that a potential winner has not complied with these Official Rules, has failed to execute and return any required documents within the specified time period, has made false statements or prize notification is returned as undeliverable, then potential winner will be disqualified. Should a winner make any false statement(s) in any document required by Sponsor or prize supplier, such winner will be disqualified and required to promptly return to Sponsor the value of his/her prize. If a potential winner is disqualified for any reason, at Sponsor's discretion, the Finalist with the next highest number of eligible votes may be declared the alternate winner.
PRIZE & APPROXIMATE RETAIL VALUE ("ARV"):
One (1) Grand Prize: Grand Prize winner will receive a MacBook® Pro laptop computer (15 inch, 2.2 GHz; not to exceed $2,000.00), a HD Camcorder video camera (not to exceed $700), and the winner's video may be featured on PomFresh.com. (Approximate Total Retail Value ("ARV"): $2700). BONUS FACEBOOK Prize: The Grand Prize Winner is also eligible for an ADDITIONAL $250.00, which will be awarded only if they are a confirmed FaceBook friend prior to contest closure. A First Prize winner will receive $1,500 and is eligible for the $250.00 FaceBook friend bonus, if they are a confirmed FaceBook friend prior to contest closure. The Second Prize winner will receive $250.00 and is eligible for the $250.00 FaceBook friend bonus, if they are a confirmed FaceBook friend prior to contest closure. Winners are solely responsible for all federal, state and local taxes as well as all other costs or fees associated with acceptance and/or use of a prize not specified herein as being awarded and will receive an IRS Form 1099 for the value of their prize. Prizes are awarded "as is" with no warranty or guarantee, either express or implied. Winner may not substitute, assign or transfer prize, but Sponsor reserves the right, at its sole discretion, to substitute prize (or portion thereof) with one of comparable or greater value. All prize details are at Sponsor's sole discretion.
GENERAL CONDITIONS:
Winning constitutes permission (except where prohibited by law) for Sponsor and its designees to use winner's name, Entry, hometown, likeness, prize won, and photo and video (all at Sponsor's discretion) for future advertising, publicity in any and all media now or hereafter devised throughout the world in perpetuity, without additional compensation, notification or permission. Contest Parties and their respective officers, directors, agents, representatives and employees (collectively, ""Released Parties") are not responsible for lost, late, misdirected, damaged, stolen, altered, garbled, incorrect, incomplete or delayed Entries or votes; all of which will be void. Released Parties are also not responsible for problems uploading or downloading any Contest-related information or materials from the web site or for any other technical malfunctions of electronic equipment, computer on-line systems, servers, or providers, computer hardware or software failures, phone lines, failure of any Entry or vote to be received by Sponsor on account of technical problems, traffic, congestion on the internet or the web site, or for any other technical problems including telecommunication, miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit a contestant's ability to participate in this Contest. Released Parties are not responsible for any other errors or malfunctions of any kind, whether network, printing, typographical, human or otherwise relating to or in connection with the Contest, including, without limitation, errors or malfunctions which may occur in connection with the administration of the Contest, the processing or judging of Entries, the submitting or tabulating of votes, the announcement of the prizes or in any Contest-related materials. Mass Entries or votes or Entries or votes generated by a script, macro or use of automated devices may, at Sponsor's sole discretion, be disqualified. Sponsor reserves the right to modify, suspend or terminate the Contest in the event it becomes infected by a computer virus or is otherwise technically impaired, and to cancel or suspend the Contest in its entirety should tampering, unauthorized intervention, fraud, technical failures or other causes corrupt the administration, security, fairness, integrity or proper play of the Contest and, if terminated, at Sponsor's discretion, determine the winner using all non-suspect, eligible Entries received up to time of cancellation using the judging procedure outlined above. In the event of a dispute regarding Entries received from multiple users having the same e-mail account, the authorized subscriber of the e-mail account at the time of Entry will be deemed to be the contestant and must comply with these Official Rules. Authorized subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning e-mail addresses. Sponsor reserves the right at its sole discretion to disqualify any individual (and void his/her Entry and vote) it finds to be tampering with the Entry or voting process or the operation of this Contest or website, intending to annoy, abuse, threaten or harass any other contestant, Sponsor or any of its representatives or to otherwise be acting in violation of these Official Rules. CAUTION: Any attempt by a contestant to deliberately damage any web site or undermine the legitimate operations of the Contest is a violation of criminal and civil laws. Should such an attempt be made, the Sponsor reserves the right to seek damages and other such remedies from any such contestant to the fullest extent permitted by law and to disqualify such contestant from the Contest.
ASSIGNMENT OF RIGHTS:
Contestant hereby acknowledges that Entry (including video) and all other materials of every kind whatsoever created by contestant relating to the Contest (collectively, the "Work") are a "work made for hire" (as that term is used in the United States Copyright Act) for Sponsor, and Sponsor is the sole and exclusive owner, in perpetuity and throughout the universe, of all right, title and interest in and to the Work, including without limitation all copyrights in and to the Work (and all renewals and extensions thereof now or hereafter provided by law) and all the rights therein and thereto, and may exploit the Work (and all rights therein) in any manner throughout the world without restriction. Without limiting the binding effect of any of the foregoing provisions, in the event that any part of the Work is not deemed to be a "work made for hire" for Sponsor, then contestant hereby irrevocably and exclusively grants and assigns to Sponsor (or, if any applicable law prohibits or restricts such assignment, contestant hereby grants to Sponsor an irrevocable, perpetual, royalty-free, transferable license of) unlimited right, title and interest in and to such Work, including, without limitation, all rights of every kind and nature (whether now known or hereafter devised, including all copyrights therein and thereto and all renewals and extensions thereof), throughout the universe, in perpetuity, for all purposes, in any and all media, whether now known or hereafter devised.
By submitting an Entry, contestant acknowledges and agrees that Sponsor may obtain many submissions under this Contest and that such Entries may be similar or identical in theme, idea, format or other respects to others submitted under this Contest and/or other contests staged and/or sponsored by the Sponsor, and waive any and all claims contestant may have had, may have, and/or may have in the future, that any composition, film and/or other works accepted, reviewed and/or used by the Sponsor (or its designees) may be similar to his/her Entry. Contestant acknowledges and agrees that the Sponsor does not have now, nor shall any of them have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to contestant's Entry.
MISCELLANEOUS CONDITIONS:
By participating in the Contest, contestants (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and judges, which are final and binding in all matters relating to the Contest. Failure to comply with these Official Rules may result in disqualification from the Contest. Sponsor reserves the right to permanently disqualify any person it believes has intentionally violated these Official Rules and void all associated Entries and/or votes.
RELEASES:
By entering the Contest, contestants agree to release and hold harmless Released Parties from all claims, liability or damage caused or claimed to be caused, in whole or in part, directly or indirectly, in connection with participation in this Contest, or acceptance or use of the prize, the substitution of a prize in accordance with these Official Rules, the administration of the Contest, the operation of the website or Released Parties' use of any of the rights granted herein. Released Parties assume no responsibility for the conduct of any contestant or voter or the responses of anyone appearing in any Entry.
ARBITRATION AND CHOICE OF LAW:
Except where prohibited by law, as a condition of participating in this Contest, contestant agrees that (1) any and all disputes and causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the contestant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will contestant be permitted to obtain awards for, and contestant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than contestant's actual out-of-pocket expenses (i.e., costs associated with entering this Contest), and contestant further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of contestants and Sponsor in connection with this Contest, shall be governed by, and construed in accordance with, the substantive laws of the State of New York, USA without regard to New York choice of law rules.
WINNERS LIST:
If you would like the names of the winners (available after February 20, 2009), please send a self-addressed stamped envelope by March 20, 2009 to: POM FRESH Video Contest Winners, Attention: POM Marketing Dept, 11444 West Olympic Blvd., #310 Los Angeles, CA 90064. Winners' names will also be posted on www.pomvideo.com.
SPONSOR:
POM Wonderful, 11444 West Olympic Blvd., #310 Los Angeles, CA 90064.
MacBook® and iPod® are registered trademarks of Apple Computer Corp. ("Apple"). Apple does not sponsor, endorse, or approve the use of its products in connection with this promotion.