OFFICIAL RULES. NO PURCHASE NECESSARY TO ENTER THE CONTEST.

 

SPONSOR OBTAINS A NON-EXCLUSIVE LICENSE TO POST, USE AND REPRODUCE ANY AND ALL CONTENT SUBMITTED AS PART OF THE CONTEST

 

 

  1. Contest Timing: The Fruit Shoot Have a Ball Stunt Hunt Contest (the “Contest”) begins 12:00 pm ET on July 24, 2014 and ends at 11:59 pm ET on September 1, 2014 (the “Contest Period”).

 

All entries must be received by 11:59 p.m. ET on the end date of each weekly entry period below, to be eligible for that weekly prize. All Entry Periods will start at 12:00 am ET, with the exception of the first Entry Period, which will start at 12:00 pm ET.

 

WEEKLY ENTRY PERIODS:

Entry Period

Start Date

End Date

Judging Completed By

Week 1

7/24/14

7/28/14

7/29/14

Week 2

7/29/14

8/4/14

8/5/14

Week 3

8/5/14

8/11/14

8/12/14

Week 4

8/12/14

8/18/14

8/19/14

Week 5

8/19/14

8/25/14

8/26/14

Week 6

8/26/14

9/1/14

9/2/14

 

  1. Eligibility: The Contest is open only to legal residents of the fifty (50) United States and the District of Columbia, who are the age of majority in their state of residence as of the date of entry. Employees of Britvic North America LLC (the “Sponsor”), Rokkan, Votigo, Inc., their parent, subsidiaries, divisions, affiliates, suppliers, distributors and advertising, promotional and judging agencies, officers, directors, agents, co-branders or other partners (collectively, the “Promotion Entities”), and their immediate family members (spouses, parents, children, and siblings and their spouses) and household members of each (whether related or not) are not eligible to participate or win. Void outside the fifty (50) United States and D.C. and where prohibited by law. All federal, state and local laws and regulations apply.

 

  1. How to Enter the Contest: There is NO PURCHASE NECESSARY to participate in the Contest. A purchase does not increase your chances of winning. During the Contest Period, you may access Contest at http://www.fruitshootusa.com/stunthunt (the “Site”). To enter the Contest, access the Site, submit a video of up to thirty (30) seconds in length depicting your child(ren) showing off their best tricks, stunts and abilities with a Fruit Shoot bottle and a Woboba ball or ball of any kind to the Site, to receive an entry into the Contest (the “Entry”). If you want to submit an Entry without purchasing a Fruit Shoot bottle, you may feature a photo or drawing of a Fruit Shoot bottle in your Entry. Limit 1 Entry per person. The Entrant must be a parent or legal guardian, of any minor who is depicted in the Submission and the child(ren) must be three (3) years of age or older (“Entrant”). The content that is submitted as a part of the Entry shall herein be referred to as the “Submission”. Any reference to “Entry” in these Official Rules means the Entry, including the Submission and registration. All Submissions are subject to the Submission Guidelines. Your Entry may be screened for compliance with these Official Rules, including the Submission Guidelines set forth below. Promotion Entities make no representation or warranty regarding amount of time it may take to screen an Entry. Any attempt by any Entrant to obtain more than one entry by using multiple/different email addresses, identities, registrations and logins, or any other methods will void such Entries and that Entrant may be disqualified. All Entries that are in excess of the stated limit, late, illegible, incomplete, damaged, destroyed, forged or otherwise not in compliance with the Official Rules may be disqualified from the Contest at Sponsor’s sole and absolute discretion. Use of any automated or computer system to participate is prohibited and will result in disqualification. Sponsor reserves the right to void all Entries made through any robotic, automatic, mechanically programmed or similar entry duplication method and to disqualify any individual using such a method. Internet and mobile access and usage charges imposed by your online and/or mobile services may apply. As part of the Contest entry process, Entrants may be required to indicate they have read, accepted and agree to be bound by these Official Rules. Sponsor reserves the right to edit, remove, reject or disqualify any Entry, which in its opinion or the opinion of the judges, violates any of these Official Rules or is otherwise inappropriate.

 

Entries made by any other individual or entity that is not the person named on the submitted Entry, or made in any manner inconsistent with these Official Rules, will be declared invalid and disqualified from this Contest. 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 will be disqualified.

 

Submission Guidelines:

Please make sure to note the following requirements when creating your Submission:

  • Your child/children must be the only person(s) in your Submission (other than you, if you choose to be in your Submission) and child(ren) depicted must be three (3) years of age or older (Sponsor knows parents have skills as well, but this Contest is an opportunity for your child/children to show off only their skills!);

  • Entrant must be the parent or legal guardian of any child who is depicted in the Submission;

  • Video Submission must be filmed in landscape mode;

  • Video Submission must be in English and not exceed 30 seconds in length; must not exceed 1 GB in file size, and must be in .mov, .avi, .mkv, .mp4, .m4v, .mpg, .mpeg, .flv, .f4v, .wmv, or .3gp file format;

  • Entries must comply with the Official Rules and any Terms of Use posted on the Site and must meet all specifications or requirements called for on the Site;

  • Each Submission, in its entirety, must be a single work of original material created by the Entrant and suitable for presentation in a public forum;

  • Do not include material in the Submission that violates or infringes another’s rights, including, but not limited to, privacy, publicity or intellectual property rights, or that constitutes copyright or trademark infringement;

  • Do not include material in the Submission that is sexually explicit, violent, inappropriate, indecent, obscene, hateful, tortuous, defamatory, slanderous, libelous or otherwise objectionable;

  • Do not include material in the Submission that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

  • Do not include in the Submission trademarks, logos or trade dress 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;

  • Do not include in the Submission copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media or musical “samples”) without prior written permission;

  • Do not include material in the Submission embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, other than the Entrant and your child, without prior written permission;

  • Do not include material in the Submission that communicates messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate;

  • The Submission must not depict, and cannot itself, be in violation of any law;

  • Submissions must not have been submitted previously in any contest of any kind or exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends and family) through any means previously; and

  • Do not include material in the Submission that is harmful to other users of the Site, such as viruses, trojan horses or other technologies that could adversely impact the Contest.

 

Any Submission that is not in compliance with the above Submission Guidelines or with these Official Rules, does not meet the Site/Contest requirements and may be disqualified in Sponsor’s sole and absolute discretion. Any Submission in violation of any law will void such Entry, and Entrant may be disqualified. Entry must be in keeping with Sponsor’s image and may not be offensive, as determined by Sponsor in its sole discretion, nor can it defame or invade publicity rights or privacy rights of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary rights. In such an event, the Entry may not be posted online and the Entry may be disqualified from the Contest in Sponsor’s sole discretion (or if the Entry has been posted online, it may be removed, in Sponsor’s sole discretion). All Entries and Submissions become the property of Sponsor upon submission.

 

  1. Judging to Determine the Weekly Winners: All eligible Submissions received will be judged on the dates outlined in the chart above, by the Sponsor, based on the following criteria, to determine one (1) Grand Prize winner per Weekly Entry Period:

 

  • Creativity (33%)

  • “Wow” factor of stunt (33%)

  • Use of products [ball and Fruit Shoot bottle or bottle drawing] (34%)

 

 

In the event of a tie, tied Entries will be re-judged based 100% on use of products. Decision of the judges/Sponsor are final with respect to all matters relating to this Contest.

 

 

  1. Prizes: Grand Prize (Six (6) Grand Prizes in total, with one (1) Grand Prize awarded per Weekly Entry Period): The opportunity to have a professionally edited version of the winner’s Entry posted on the Site for a Sponsor-specified period of time. No substitution of prize by winners is allowed. There is no retail value associated with the Grand Prize. All details of prize are in Sponsor’s sole discretion.

 

  1. General Rules: By participating in the Contest, Entrants agree to be bound by these Official Rules, the Site Terms and Conditions and the decisions of the Sponsor. Grand Prize winner will be required to execute and return, via email, a Release of Liability/Publicity Release (where permitted by applicable law) and an Assignment of Rights within three (3) days of notification attempt or the prize will be forfeited and an alternate winner determined. Return of prize/prize notification will result in disqualification and an alternate winner will be determined. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest materials and the terms and conditions of these Official Rules, the Official Rules shall prevail, govern and control. The Sponsor and affiliated entities and its agencies are not responsible for lost, late, misplaced, stolen, tampered with, deleted, invalid or misdirected Entries, technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in the Site or the Contest or by any human error which may occur in the processing of the Entries or Submissions in the Contest or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with the Site or Contest. In the event of a dispute as to the identity of an Entrant, any disputed Entry will be deemed made by the “registered account holder” of the e-mail address submitted at the time of entry. The “registered account holder” is deemed the natural person who is assigned to an e-mail address by an Internet access provider, service provider or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Winners may be required to show proof of being the registered account holder. If a dispute cannot be resolved to the Sponsor’s satisfaction, the Entry will be deemed ineligible. Proof of entering information via the Site does not constitute proof of delivery or receipt of such information. Sponsor is not responsible for the failure of any email or Entry to be received by Sponsor/Administrator on account of technical problems or congestion on the internet or at any website. The Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry or the operation of the Contest or Site; violates the Official Rules or the Site Terms and Conditions; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the legitimate operation of the Contest or Site may be a violation of criminal and civil law, 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. If, for any reason, the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest or Site, then the Sponsor reserves the right at its sole discretion to cancel the Contest and determine the winners based on the judging criteria from among all eligible Entries received prior to cancellation. BY PARTICIPATING IN THE CONTEST, THE ENTRANT AGREES THAT SPONSOR, RUKKAN, VOTIGO, INC., THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, RETAILERS, ADVERTISING AND PROMOTION AGENCIES, AND ALL OF THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES AND ASSIGNS, MEMBERS, REPRESENTATIVES AND AGENTS, WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE HELD HARMLESS BY ENTRANT FOR ANY LIABILITY FOR ANY BODILY INJURY, LOSS, COST OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING DEATH AND PROPERTY, DAMAGES SUSTAINED DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ENTRY CREATION, THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE OR PARTICIPATION IN THE CONTEST OR PARTICIPATION IN ANY CONTEST OR RELATED ACTIVITY. ADDITIONALLY, BY ENTERING THE CONTEST, THE ENTRANT AGREES TO RELEASE FACEBOOK, INC. FROM ANY AND ALL LIABILITY WHATSOEVER (EXCEPT FOR ANY LIABILITY WHICH CANNOT BE EXCLUDED BY LAW). THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK, INC. By entering the Contest, you hereby represent and warrant that you have read these Official Rules and the Site Terms and Conditions and are fully familiar with its contents.

 

CAUTION: ANY ATTEMPT BY ANY PERSON TO DAMAGE ANY SITE OR TO 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.

 

  1. Intellectual Property Rights to Entries; Representations, Warranties and Indemnities; Release: Entrants, upon submission of their Entry, hereby irrevocably grant to Sponsor, and each of its licensees, successors and assigns, the non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit the Entry (including all intellectual property related to the Submission) submitted as part of the Contest, and all performances, images, text and materials therein, in whole or in part, in any manner or medium now or hereafter known or devised (including, without limitation, film, television, print, interactive devices, mobile media, Internet and on-line systems), throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine it with other material and otherwise use and exploit it without having to give any compensation or attribution to Entrants. Sponsor, and each of their successors, assigns and licensees, will have the right to make unlimited derivative works therefrom, to assign or transfer any or all such rights and to grant unlimited, multiple-level sublicenses. Without limiting the forgoing, Sponsor will have the right to use the Entries submitted as part of the Contest, and all images depicted therein (if any), in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. Entrants hereby forever waive and relinquish all so-called “moral rights (droit moral)” now or hereafter recognized in connection with submissions submitted as part of the Contest. Notwithstanding that Sponsor is granted a non-exclusive license in Entrant’s Contest Entry, Entrants acknowledge that Sponsor may require Entrants to confirm such license in writing. Sponsor also may require Entrants to assign all rights to Sponsor upon request. Except as may be permitted by Sponsor (e.g., through Sponsor’s viral distribution tools), Entrants will not, during the Contest Period, publicly display, distribute or otherwise exploit their Contest Entry on or in connection with web sites or applications other than those of Sponsor. Entrants must maintain the ability to assign all rights to Sponsor free of any limitations, restrictions or third party obligations. Entrants agree that Sponsor shall have the sole discretion in determining the extent and manner of use of Entries and are not obligated to use any Submission. Sponsor reserves the right to request Entrants provide to Sponsor a written clearance document that provides written consent for an individual that appears in an Entry. Entrants agree not to issue any publicity concerning Sponsor. Entrants agree that Sponsor, or its agents, shall not be responsible for return or preservation of the submissions submitted. All Entries that are posted on the Site are available to be viewed by anyone with access to the Internet. Each Entrant acknowledges that other Entrants may have created ideas and concepts contained in their Entry that may have familiarities or similarities to his/her own Submission, and that he/she will not be entitled to any compensation or right to negotiate with the Promotion Entities because of these familiarities or similarities or otherwise on account of the submission of their Entry. The decisions of the Sponsor are final and binding in all matters relating to this Contest, including interpretation and application of these Official Rules. Each Entrant, by participating in the Contest, except where legally prohibited, grants permission for Sponsor and its designees to collect and use his/her name, address (city and state), photograph, voice and/or other likeness, and that of any child depicted in an Entry, as well as prize information for advertising, trade and other commercial and non-commercial promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval.

 

By submitting an Entry, you represent and warrant that: (a) you are the mother, father or legal guardian of the child(ren) depicted in the Entry with all necessary authority to grant the rights herein granted and fully perform your obligations hereunder, including with respect to granting rights regarding your child(ren); (b) you have read, understand and will follow the Official Rules and the Site Terms and Conditions; (c) the Entry complies with these Official Rules and the Site Terms and Conditions; (d) the Entry is your original work and has been legally created and Sponsor’s use thereof will not result in any third party obligations or liability to a third party; (e) you own all rights to your Entry, including, without limitation, copyrights, and, that you have received prior written permission from the videographer if the Entry was videotaped by someone other than you; (f) the Entry is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof; and (g) you will indemnify and hold harmless the Sponsor and related entities or agents from any claims and damages (including reasonable attorneys’ fees) arising from or relating to the breach or alleged breach of your representations and warranties herein, violation of these Official Rules or the Site Terms and Conditions, your Entry, or your conduct in creating your Entry or otherwise in connection with this Contest. You waive any right to inspect or approve uses of the Entry or to be compensated for any such uses.

 

You hereby release, discharge and hold harmless the Promotion Entities from any and all claims, losses, damages, expenses, injury of any kind arising out of or related to Entrants’ participation in the Contest and/or related to any prize, costs (including reasonable attorneys' fees) and liabilities (including settlements) brought or asserted by any third party against any of the Promotion Entities due to or arising out of your participation in the Contest, or use of your name, persona and likeness and/or voice, or the use of the name, persona and likeness and/or voice of any minor depicted in the Entry, or any other rights granted to Sponsor, including any claims for, including, but not limited to trademark, copyright, or other intellectual property rights, right of publicity, right of privacy or defamation. You further agree to release and indemnify and hold harmless Promotion Entities from any and all claims that any commercial, advertising, presentation, web content or any other material subsequently produced, presented, and/or prepared by or on behalf of Promotion Entities infringes on your rights as contained in the Entry. You agree that you shall have no right of approval, no claim to compensation or benefit, and no claim (including, without limitation, claims based upon invasion of privacy, copyright infringement, defamation, or right or publicity) arising out of any use or any editing, distortion, alteration, optical illusion, or use in partial or composite form, whether or not intentional.

 

  1. Publicity Release: Subject to applicable law, each winner of the Contest irrevocably grants the Promotion Entities and each of their licensees, and its and their successors, assigns and sub-licensees the right and permission to use their name, voice, likeness and/or biographical material and Entry for advertising, promotional and/or publicity purposes in connection with the Contest, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration except for the awarding of the Grand Prize(s) to the winner(s). The winners acknowledge that the grant of publicity rights above also applies to their child that appears within the Entry.

 

  1. Governing Law/Jurisdiction: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants, Sponsor or the Promotion Entities in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of Florida, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws. The parties each agree to finally settle all disputes in the exclusive jurisdiction and venue of the courts located in Erie County, Florida.

 

BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

 

  1. Winners: Each winner’s first name, last initial, city and state will be posted for thirty (30) days at the Site within a reasonable amount of time after the winners of the Contest have been determined.

 

  1. Sponsor/Administrator: The Sponsor of the Contest is Britvic North America LLC, 220 N. Westshore Blvd, Suite 200, Tampa, FL 33607.