CHEEZ DOODLES DESIGN-A-DOODLE & WIN CONTEST AND SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED OR RESTRICTED. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING A PRIZE. OPEN TO LEGAL RESIDENTS OF THE UNITED STATES WHO ARE AT LEAST 8 YEARS OF AGE OR OLDER AS OF APRIL 25, 2008. PROMOTION BEGINS ON APRIL 25, 2008 AND ENDS ON JULY 31, 2008. INTERNET ACCESS REQUIRED.
ELIGIBILITY: The Cheez Doodles Design a Doodle and Win Sweepstakes (the “Promotion”) is open only to legal residents of the 50 United States or the District of Columbia who are at least 8 years or older as of the first day of the Promotion (April 25, 2008). Void where prohibited or otherwise restricted by law. The Sponsor, its employees, contractors, directors and officers, and their respective parents, subsidiaries, franchisees, divisions, affiliates, suppliers, distributors, advertising and promotional agencies, as applicable, and their respective officers, directors, shareholders, members, employees, agents, successors and assigns, and all others associated with the development, promotion, evolvement and execution of this Promotion (the “Promotion Entities”), in addition to their immediate families (defined as spouse, mother, father, sisters, brothers, sons and daughters, regardless of where they reside) and members of their households (whether related or not) are not eligible to participate in this Promotion. Participation in the Promotion constitutes each Promotion participant’s full and unconditional agreement to and acceptance of these Official Rules, including, but not limited to, such participant’s consent to receive email messages from Sponsor in connection with the Promotion. Each Promotion participant is referred to herein as, a “Participant.”
All Participants under the age of 13 must have their parent/legal guardian give permission for Sponsor to collect the name, address, date of birth and phone number of such Participant or such other personal information with respect to such Participant as may be required to award a prize hereunder (collectively “Personal Information”) in order for such Participant to be eligible to win a prize in this Promotion. Failure of the parent/legal guardian to grant such permission as specified in these Official Rules will result in the disqualification of such Participant.
HOW TO ENTER THE CONTEST: To enter the “Design a Doodle” portion of the Promotion (the “Contest”) go to http://www.cheezdoodles.com between 12:01am Eastern Time on April 25, 2008 and 11:59 pm Eastern Time on July 31, 2008 (the “Submission Period”) and follow the links and instructions to complete all the required fields provided on the registration form (“Registration Form”), post your design submission (“Submission”), and click “submit” to complete.
As part of the “Design a Doodle” process you will be provided with a range of images from a gallery which can be incorporated into your design. You will also be given the option of uploading both a “.jpg” image of yourself and a “.jpg” background image which can also be incorporated into your design.
All Submissions must be received by 11:59 pm Eastern Time on July 31, 2008 (the “Submission Deadline”). Sponsor’s Promotion computer is the official clock for the Promotion. Limit up to three Submissions per person and per email address. All Submissions must meet the standards set out in these Official Rules including, but not limited to, the Submission Requirements (specified below).
Important: If you are under 13 years of age, Sponsor or Sponsor’s agent will send an email to your parent/legal guardian advising him/her of your attempt to enter this Promotion. In that parental notification email your parent/legal guardian will be given the opportunity to revoke your entry into this Promotion. If your parent/legal guardian notifies the Sponsor or Sponsor’s agent of his/her intent to revoke your entry, then your entry will be disqualified.
SUBMISSION REQUIREMENTS:
A. Participants agree to and understand that Submissions will be made available to the public, including but not limited to posting on the Internet. Whether or not Submissions are published on the Internet, Sponsor does not guarantee any confidentiality with respect to any Submission.
B. By participating in the Contest, each Participant certifies any photograph submitted by the entrant is original and was created by the Participant and does not contain any material that would violate or infringe upon the rights of any third party, including without limitation copyrights, trademarks or rights of privacy or publicity. Photographs must not contain any identifiable brand names or logos. All Submissions and components thereof become the property of Sponsor and will not be returned.
C. Photographic images may not contain unsafe behavior or situations, profanity, nudity, pornographic images or explicit sexual themes, graphic violence, defamatory or libelous statements or material considered illegal. Submissions containing any such aspects and/or that are in violation of law or otherwise deemed by Sponsor, in its sole discretion, to be prejudicial to Sponsor or inappropriate in any way will be disqualified. Submissions determined, in Sponsor’s sole discretion, to infringe on any intellectual property rights or other rights will be disqualified.
D. Any Submission that does not comply with the above restrictions or any other requirement herein is subject to disqualification and Sponsor reserves the right at its sole discretion to remove any Submission if Sponsor receives notification about any potential infringements or breaches of law or any other reason set forth herein.
E. Each Participant grants to Sponsor a non-exclusive, perpetual, worldwide, royalty-free, irrevocable and fully sub-licensable right and license to use, reproduce (in whole or in part), edit, distribute, publish, broadcast, make derivative works of and otherwise exploit in any manner the Participant’s Submission worldwide and/or to incorporate it in other works in any form, media, (including print media) or technology now known or later developed ("License"). In addition, Participant warrants that any so called “moral rights” in the Submission have been waived. Participant warrants that the granting of the License and Sponsor’s exercise of such License shall not violate any third-party rights. Each Participant agrees to make all efforts to assist Sponsor in ensuring that the provisions of these Official Rules including, but not limited to this paragraph, are enforceable.
Sponsor is not responsible for lost, late, incomplete, invalid, illegible or misdirected Submissions, which will be disqualified; for technical failures of any kind, including, but not limited to, electronic malfunctioning of any network, hardware or software; any failed, incomplete, garbled or delayed computer transmissions or any combination thereof; or for any error, human, technical or otherwise; or any injury or damage to Participant’s or any other person’s computer related to or resulting from entering, participating in, or accessing or downloading information in connection with, this Promotion. Sponsor reserves the right at its sole discretion to modify, cancel or suspend this Promotion for any reason whatsoever including, but not limited to, a computer virus, bug, or other cause beyond the control of Sponsor. In case of dispute as to the owner of a Submission, the Submission will be deemed to have been submitted by the authorized account holder of the e-mail address from which the entry is made. 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. A selected Participant may be required to provide Sponsor with proof that he/she is the authorized account holder of the e-mail address associated with the selected Submission. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds tampering with the operation or entry process of the Promotion, or acting in violation of these Official Rules or applicable law. Submissions delayed past the Submission Deadline of the Promotion Period will not be accepted and will be destroyed.
HOW TO VOTE FOR CONTEST WINNER: Between April 25, 2008 and July 31, 2008 (“Voting Period”), register at http://www.cheezdoodles.com to view all accepted Submissions on the viewing page. Vote for your favorite Submission by completing the Registration Form and selecting a single Submission. Only one vote per email address per day will be permitted.
CONTEST WINNER SELECTION: All accepted Submissions will be posted on http://www.cheezdoodles.com and can be voted upon by the general public during the Voting Period as set forth in these Official Rules on http://www.cheezdoodles.com as of 11:59 p.m. Eastern Time on July 31, 2008 (“Voting Deadline”) will be selected as the Contest winners (each, a “Winning Submission”) and announced on the website on August 1, 2008. Each owner of a Winning Submission will be awarded a Nintendo® Wii ®Video Game System (“Contest Prize”) (ARV $399 USD each). There are no cash alternatives to any Contest Prize. In the event of any voting ties among Submissions, such ties shall be broken by random drawing amongst the applicable tied Submissions conducted by an officer of Brandmovers, Inc., an independent agency, whose decision will be final and binding in all respects. No more than ten (10) Winning Submissions will be selected and awarded Contest Prizes. In the event of the disqualification of any Winning Submission or Contest Participant, an alternate Contest winner will be selected by selecting the Submission with the highest number of votes sequentially following such disqualified Submission as of the Voting Deadline. All decisions of Sponsor and Brandmovers, Inc. are final and binding in all matters related to this Promotion. Names of manufacturers are used for purposes of prize description only and such use is not intended to suggest or imply the manufacturer’s sponsorship, endorsement, or the approval of this Promotion. Nintendo and Wii are not participants or sponsors of this Promotion.
CONTEST WINNER NOTIFICATION: Each potential Contest winner will be notified on August 1, 2008 by e-mail and will have their respective Winning Submission posted on www.cheezdoodles.com. In order to receive any prize, the winning Participant must complete and return to us an Affidavit of Eligibility and a Liabilities/Publicity Release Form, except where prohibited by law, within seven (7) days of receipt of notification as a potential winner. Failure to return the signed Affidavit and Release within seven (7) days may result in forfeiture of the prize, except where prohibited by law. All prize awards are subject to verification, eligibility and compliance with these Official Rules. If a potential winner cannot be contacted within seven (7) days of the first attempt to contact him/her, or if he/she fails to return the signed Affidavit and Release within seven (7) days, where legal, or if the potential winner is deemed ineligible for any other reason in Sponsor’s sole discretion, the potential winner will be disqualified. Important: If a potential winner is under 13 years of age, the Sponsor or its designated agent must receive a reply (via phone) from such parent/legal guardian to such notification email message which is in full compliance with the instructions sent in the email message (including the granting of permission by the parent/legal guardian of the Participant for Sponsor or its designated agent to collect Personal Information).
HOW TO ENTER THE SWEEPSTAKES: Neither a “Design a Doodle” Submission nor Contest voting is required to enter the sweepstakes portion of this Promotion (the “Sweepstakes”). To enter the Sweepstakes, visitors to www.cheezdoodles.com must complete and submit the online Registration Form between 12:01am Eastern Time on April 25, 2008 and 11:59 pm Eastern Time on July 31, 2008 to become a Sweepstakes entrant (“Sweepstakes Participant”). Limit one (1) entry per person and per email address. Sponsor will not verify receipt of Sweepstakes entries. A random drawing from amongst all eligible Sweepstakes entries received will be held on August 1, 2008 and a Grand Prize will be awarded to one (1) selected Grand Prize winner (“Grand Prize Winner”).
The Grand Prize package (“Grand Prize”) consists of one (1) trip for four (4) persons to Orlando, Florida. Trip consists of round trip coach class air transportation for the winner and up to three guests , designated in writing, from a major U.S. commercial airport nearest the Grand Prize Winner’s residence to Orlando; four nights hotel accommodations, room and tax only, in one standard quadruple-occupancy room for up to four nights; full size rental car for up to five days; eight single-day (single park, where applicable) theme park admission tickets to Grand Prize Winner’s choice of Walt Disney World®, SeaWorld® Orlando or Universal Orlando®; and, one indoor skydiving family package at SkyVenture Orlando™ (includes a one-hour session plus flight gear rental, commemorative flight certificate, DVD flight recording and photo CD). Approximate Retail Value of the Prize: $4,760.00 USD. Travel must begin/end with the same major U.S. airport, with the same service. Stopovers, open jaws, circle trips or frequent traveler mileages are not permitted. Once passengers are ticketed, any fee associated with flight changes or dates of travel is the responsibility of the winner. Grand Prize Winner and his/her travel companions must travel together on the same itinerary. Winner will be solely responsible for ground transportation to/from the airport at point of origin. Final airport and hotel selection will be determined by the Orlando/Orange County Convention & Visitors Bureau, Inc. Rental car must have a driver who is at least twenty-five (25) years of age or order, have a valid drivers license and credit card (subject to terms and conditions of rental car company) and will be solely responsible for any additional costs associated with the use or possession of the rental car (i.e. supplemental insurance, gas, taxes). If winner or winner’s parent or legal guardian do not meet rental car requisites/requirements, that portion of the prize will not be awarded and no additional compensation will be provided. Actual value may vary based on location and timing of departure. All other expenses not specifically identified in these Official Rules are the winner’s responsibility, including local and ground transportation, meals, incidentals, tips, telephone calls or any other personal expenses incurred during the trip. All grand prize travel must be completed by August 1, 2009. All reservations are based on availability. Blackout dates or other restrictions may apply as dictated by airline and/or hotel.
This Grand Prize Package is non-transferable, has no cash value and cannot be extended or replaced if destroyed, lost, stolen or unredeemed. If a Sweepstakes Participant eligible to win this prize is under the age of majority in his/her jurisdiction of residence the parent/legal guardian will be required to execute an Affidavit of Eligibility, a Liability Release (where legal), and a Publicity Release (“Affidavit/Release”) on behalf of the potential Grand Prize Winner and must accompany such Grand Prize Winner on the trip. The travel companion(s) of the Grand Prize Winner (at least one of whom must be a parent or legal guardian of the Grand Prize Winner) must also sign a Liability and Publicity Release. If any travel companion of the Grand Prize Winner is deemed a minor in his/her state or jurisdiction of residence, then the parent/legal guardian of such minor must also sign any documents required herein and must accompany such minor on the trip. Any applicable taxes on any prize are solely the responsibility of the Grand Prize Winner. The total value of all prizes available to be won in the Promotion is estimated at $8,150 USD. There are no cash alternatives to the Grand Prize. All travel arrangements must be made by Sponsor’s agent. Grand Prize Winner must arrange travel at least 60 days in advance. The Promotion Entities are not responsible if the Grand Prize, or any part thereof, cannot be awarded due to travel cancellations, delays or interruptions due to any acts of God, action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor’s sole control, and shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the air carrier(s), hotel(s), or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. The Promotion Entities will be held harmless for any liability, loss, injury or damage, including, without limitation, personal injury, death or damage to personal or real property, to Sweepstakes Participant or any other person or entity due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use or misuse of any prize (including any travel or activity related thereto).
GRAND PRIZE WINNER NOTIFICATION: The potential Grand Prize Winner will be notified within thirty (30) days after the selection of such winner by telephone, e-mail or mail. In order to receive the Grand Prize, the winning Participant must complete and return to us an Affidavit of Eligibility and a Liabilities/Publicity Release Form, except where prohibited by law, within seven (7) days of receipt of notification as a potential Grand Prize Winner. Failure to return the signed Affidavit and Release within seven (7) days may result in forfeiture of the Grand Prize, except where prohibited by law. Awarding the Grand Prize is subject to verification, eligibility and compliance with these Official Rules. If a potential Grand Prize Winner cannot be contacted within seven (7) days of the first attempt to contact him/her, or if he/she fails to return the signed Affidavit and Release within seven (7) days, where legal, or if the potential Grand Prize Winner is deemed ineligible for any other reason in Sponsor’s sole discretion, the potential Grand Prize Winner will be disqualified. In the event of the disqualification of a Grand Prize Winner, an alternate Grand Prize Winner will be selected in his/her place by random drawing amongst all remaining eligible Sweepstakes entries received. For all Promotion prizes, three (3) alternate drawings will be held after which the applicable prize will remain un-awarded.
Important: If a potential winner is under 13 years of age, the Sponsor or its designated agent must receive a reply (via phone) from such parent/legal guardian to such notification email message which is in full compliance with the instructions sent in the email message (including the granting of permission by the parent/legal guardian of the Sweepstakes Participant for Sponsor or its designated agent to collect Personal Information.
ODDS: The odds of winning any prize in the Promotion depends on the number of eligible entries received. The total estimated value of all prizes in this Promotion is $8,750 USD.
GENERAL: The Promotion Entities reserve the right to terminate, cancel, suspend and/or modify the Promotion without liability and without prior notice if any factor interferes with its operation as contemplated by these Official Rules, including but not limited to any fraud, virus or other technical problem which corrupts the administration, security, or proper operation of the Promotion. Only one prize may be collected per household (same family name, same address). CAUTION; ANY ATTEMPT BY ANY PARTICIPANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. The use of automated or third party software or another web site not approved by Sponsor in order to register or enter this Promotion is prohibited. Any questionable activity that increases votes for a Submission will result in disqualification or similar action. Sponsor reserves the right, in its sole discretion, to disqualify any Participant who is suspected of tampering with the Submissions, voting or selection process.
Except in the cases of death or personal injury caused directly by the intentional misconduct or gross negligence of the Promotion Entities, the Promotion Entities shall have no liability and shall be released and held harmless by Participant(s) for any damage, loss or liability to person or property, including without limitation any claim for infringement of intellectual property rights, due in whole or part, directly or indirectly, by reason of the acceptance, possession, use or misuse of any prize or participation in this Promotion. Participants assume all risk of loss, damage, destruction, delay or misdirection of mail or email or any Submission submitted to Sponsor. All prizes are awarded upon the condition that the Promotion Entities shall have no liability whatsoever, subject to the limitations set forth herein, and shall be held harmless for any injuries, losses, or damages of any kind to persons or property, including death, sustained, in whole or in part, directly or indirectly, in connection with or resulting from acceptance, possession or use/misuse of any prize, or participation in the Promotion and any Promotion related activities and further acknowledge that said parties have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose.
All Personal Information that any Participant submits to Sponsor in connection with this Promotion will be subject to Sponsor’s privacy policy. In the event of any discrepancy between Sponsor’s privacy policy and these Official Rules, the privacy policy will govern and control. For a copy of Sponsor’s full on-line privacy policy please visit www.wisefoods.com.
No cash or other substitution may be made, except by Sponsor, who reserves the right, in its sole discretion, to substitute a prize with another prize of greater or equal value in the event that any particular prize is unavailable or cannot otherwise be awarded as described.
Any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration (where legal). Claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorney’s fees.
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 participant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Georgia without giving effect to any choice of law or conflict of law rules (whether of the State of GA or any other jurisdiction). Should any provision of these Official Rules be deemed unenforceable or invalid, the other provisions of these Official Rules shall remain in full force and effect.
Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Official Rules and Winners List: For a copy the Official Rules or list of prize-winners, which shall be available after September 1, 2008, please send a separate, self-addressed stamped envelope to: Cheez Doodles Design a Doodle and Win Sweepstakes, c/o Brandmovers, PO Box 723188, Atlanta, GA 31139
Sponsor: Wise Foods, 228 Raseley Street, Berwick, PA 18603