NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING A PRIZE.
a. Promotion is only open to legal residents of the 50 United States or the District of Columbia, and to legal residents of Canada (excluding Quebec); Potential participants who desire to enter either Photo Contest or Sweepstakes must be legal residents of the U.S. and/or Canada at the time of entry (the “Entrant”). Must be at least 18 years old, or age of majority (whichever is greater), in primary state of residence to participate; All entrants must have obtained the age of 18 years, or have otherwise reached the age of majority (whichever is greater), in primary state of residence by Promotion Start date (as defined herein). Entrants over the age of 18, or the age of majority in their primary state of residence, but not otherwise deemed mentally competent must obtain the permission of a guardian who is the age of majority in the US to enter, provided such guardian is a legal resident of the United States and/or Canada (void in all overseas U.S. territories, possessions, commonwealth and U.S. military installations). No purchase is necessary to enter. Promotion is void where restricted, taxed, or otherwise prohibited by law. By virtue of their participation, Entrant does hereby waive any rights their state of residents may provide in regard to Sweepstakes or Photo Contest participation. In addition, an Entrant who makes a photo submission for Photo Contest may not be affiliated with any commercial talent union or guild and all such persons found in violation of this requirement shall be disqualified.
b. To participate, Entrant must visit www.myvitasoy.com/vitaface (“Site”) prior to the end of the Promotional Period (see Clause 3). Participation is conditional upon registration and submission of personal information as requested by Sponsor, including, but not limited to: i. Entrants first name; ii. Entrants last name; iii. Valid e-mail address of Entrant; iv. Entrant’s gender; v. Entrant’s age group (as defined by Sponsor).
c. All Entrants must enter using a valid working email address for which he/she is the authorized user. An “Authorized User” of an email address is defined as the natural person who is assigned an email address by an Internet access provider, online service provider or organization (e.g. business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the email address. In the case of a dispute regarding the identity of the person submitting an online entry, the entry will be deemed submitted by the Authorized User of the email address.
3. Promotional Period.
Participation in the Promotion runs from 12:00 A.M., Eastern Time (“ET”), on the Twentieth day of the Month of July in the year 2013 (July 20, 2013; 12:00 A.M.) (“Promotion-Start”) to 11:59 P.M., Eastern Time (“ET”), on the Thirtieth day of the month of August, in the year 2013 (August 30, 2013; 11:59 P.M.) (“Promotion-End”). Sponsor’s time clock is the official time keeping device of the Promotional Period. The Promotional Period may be extended or limited at Sponsor’s sole discretion.
4. “The Face of Vita” Photo Submission Contest.
a. This Photo Contest is entered only via the Internet during the Promotional Period. Photo Contest will be divided by 5 sessions (each a “Promotional Week”). Promotional Weeks shall run in accordance with the following schedule:
Week 1: Begins July 20th, 2013 at 12:00 A.M.;
Ends July 26th, 2013 at 11:59 P.M.;
Week 2: Begins July 27th, 2013 at 12:00 A.M.;
Ends August 2nd, 2013 at 11:59 P.M.;
Week 3: Begins August 3rd, 2013 at 12:00 A.M.;
Ends August 9th, 2013 at 11:59 P.M.;
Week 4: Begins August 10th, 2013 at 12:00 A.M.;
Ends August 16th, 2013 at 11:59 P.M.
Week 5: Begins August 17th, 2013 at 12:00 A.M.;
Ends August 23rd, 2013 at 11:59 P.M.
Week 6: Begins August 24th, 2013 at 12:00 A.M.;
Ends August 30rd, 2013 at 11:59 P.M.
b. How to Enter. Entrants wishing to participate in the Photo Contest must complete the Photo Contest Entry Form by visiting www.myvitasoy.com/vitaface and submitting ALL the requested information including a working email address 4 for which you are the authorized user. (see Clause 2(c)). In addition to these aforementioned requirements regarding submission of personal information, those Entrants participating in the Photo Contest must submit a photograph deemed to be an original work (defined in section (i) of this clause 4). Photos must be submitted via Sponsor’s Site in accordance with website and internet guidelines, and Sponsor places no limitation on the number of submissions which may be made per Entrant, per Promotional Week, verified by a single email address, that is permissible. Multiple photo submissions in a single Promotional Week, including multiple entries made using additional or alternative email addresses, will be allowed, and an Entrant who has submitted a photo in a prior Promotional Week will not be prohibited from making a subsequent submission(s) in a later Promotional Week. Sponsor reserves the right to disqualify and/or withhold Prizes from an individual found to be in violation of this clause. Photo submissions must be made by an individual from a stand-alone computing device and may not be made by proxy or any electronic/automated means such as script, bot, macro or any other similar software or program. All discovered entries made in violation of these Official Rules will be discarded. An Entrant shall receive email notification at the email address provided by the Entrant upon acceptance of the photo submission and subsequent appearance on Sponsor’s Site.
i. Original Work. By entering this Photo Contest, Entrant does hereby warrant and represent that:
1. Entrant retains sole ownership to all rights to all entry materials submitted by or on behalf of Entrant;
2. All such entry materials are original works of authorship and have not been copied, in whole or in part, from any other work and;
3. All such entry materials do not violate, misappropriate or infringe any copyright, trademark, or other proprietary right on any other person or entity.
ii. Photo Integrity. Photo submissions made by virtue of participation in Photo Contest may not contain references to pornography, lewd or inappropriate activities, sexual or racial slurs or connotations, offensive language, obscenities or any material that is libelous or defamatory, or that would be offensive to or disparage a group or an individual, including without limitation, disparaging attitudes based on race, gender or religion; nor may the submission show any brand names, logos, or trademarks other than Vitasoy USA, Inc., or those trademarks owned or registered by Vitasoy USA, Inc., which Entrant has a limited license to use for the sole purpose of creating and uploading an entry in this Photo Contest. In the event that a photo submission contains the likeness or image of a an individual other than the Entrant, the Entrant submitting the photo must 5 first, as a condition of Entry, obtain the permission of the individual(s) appearing in the submitted photograph, including permission to make the appropriate transfer of rights in accordance with section 4(a)(iii) of these Official Rules. In addition, in the event that the photo submission contains the likeness or image of a child who has not yet reached the age of majority under U.S. law, the Entrant submitting the photo must first, as a condition of Entry, obtain the permission of the parent/guardian of the minor child to use the corresponding minor's image/likeness, and to make the appropriate transfer of rights in accordance with section 4(a)(iii) of these Official Rules. Sponsor reserves the right not to consider, and to remove, any submission that Sponsor, in its sole, subjective determination, deems to be inappropriate and/or not in compliance with these Official Rules and will not engage in any form of communication or discussion with the Entrant or anyone else about any submission. All decisions of the Sponsor are final and cannot be appealed.
iii. Assignment of Intellectual Property. By entering this Photo Contest, Entrant agrees to assign all existing and future Intellectual Property Rights in existing or future materials concerning any photographs submitted or photo submissions made in accordance with participation. Entrant acknowledges that all materials submitted will become the property of Vitasoy USA, Inc. and shall not be returned to the Entrant. No Additional documentation shall be necessary to complete the assignment made under this clause, and by virtue of this Clause, all existing Intellectual Property Rights in the submitted materials shall vest in Vitasoy USA, Inc., immediately upon submission of the photograph, and all future intellectual property rights in all future materials, or their creation, shall vest in Vitasoy USA, Inc. Entrant does hereby warrant to take all necessary actions to ensure that the Intellectual Property Rights are assigned to Vitasoy USA, Inc., in accordance with this clause, and to uphold and defend such rights in court of law as may become necessary. Upon entering the Photo Contest, Entrant warrants that the Intellectual Property Rights assigned to Vitasoy USA, Inc., under this clause, and any/all use of those rights, will not infringe the Intellectual Property Rights of any other person, business or entity. Submission of materials in accordance with entry shall be deemed a royalty free license to use any/all materials submitted, and Entrant hereby waives all rights, including those rights of any minor child(ren) appearing in the photograph, may have to any claims for payment or royalties in connection with any use of the submitted materials including any exhibition, streaming, webcasting, televising or other publication of the materials collected on behalf of Vitasoy USA, 6 Inc.
c. “The Face of Vita” Weekly Star. Throughout the Promotional Period, Sponsor will make approved submissions for Vitasoy’s Photo Contest viewable at Sponsor’s Site (subject to the approval of section 4(a)(ii) defined herein). All visitors of Sponsor’s Site will have the opportunity to view the collection of photo submissions, and Qualified Voters will be asked to select their favorite photo submission. (A “Qualified Voter” is an individual whose participation adheres to the Official Rules regarding entry and participation in Vitasoy’s Lucky Draw Sweepstakes, (see Clause 5(a)). Selection(s) can be made by clicking on the viewable photo in accordance with website and internet guidelines. While no formal specifications for making a selection exists, it is recommended that photo submissions be judged on creativity and adherence to Photo Contest guidelines, and that selections made be based on the overall representation of Sponsor’s purpose and mission statement. A single selection shall be considered one (1) vote for the correlating photo submission; Only three (3) Votes per Qualified Voter, per seven (7) day period, verified by a single email address, is permissible (see section 5(a)). An Entrant, nor Entrants immediate family, agents, or affiliates, shall not be deemed disqualified from voting solely based upon their participation in the Photo Contest. All votes will be counted and tallied and shall be viewable at Sponsor’s Site. At the conclusion of a Promotional Week, and for 5 consecutive Promotional Weeks, a single photo submission with the highest number of votes as of 11:59 P.M. on the final day of a Promotional Week shall be deemed the winner of that Promotional Week; The Entrant who submitted the winning photo shall be eligible to receive a prize in accordance with these Official Rules (“Weekly Star Winner”). A single photo submission may only be selected as Weekly Star for the corresponding Promotional Week during which the submission was made. Weekly Star Winners shall be publicly announced on www.myvitasoy.com/vitaface, alongside the winning photograph, immediately following the Promotion Week End. A Weekly Star Winner shall be eligible for a single prize (“Photo Prize”; See Clause 7(a)). An Entrant may not be chosen as a Weekly Star Winner more than one (1) time throughout the Promotional Period; In the event that an Entrant who has previously been named a Weekly Star Winner obtains the highest number of votes in a Promotional Week, that Entrant shall be deemed disqualified and the Entrant with the next highest number of Votes shall be deemed the Weekly Star Winner for that Promotional Week. All Photos submitted retain equal odds of winning. Weekly Star Winner selection will be made on the basis of the number of votes submitted, only, in accordance with these Official Rules and in Sponsor’s sole discretion. Should this Promotion be terminated/cancelled, winner selection shall cease or be postponed and Prizes may not be awarded. The decision of Sponsor shall be final; no Entrant will have 7 the right to challenge the verdict and the Sponsor will not engage in any conversation or explanation regarding their decision. In the event of a tie, Vitasoy USA, Inc. shall select an additional voter, whether affiliated with Vitasoy USA, Inc. or not, and not participating in the original voting period to cast a tie-breaking vote.
d. “The Face of Vita” Grand Prize. All entries submitted throughout the Promotional Period will be further entered into an additional contest whereby a single photo submission shall be selected to receive a Grand Prize, as defined herein (“Grand Prize Winner”). A total of five (5) Grand Prize Winners shall be selected in a single Promotional Period, and all photo submissions made throughout the Promotional Period shall be eligible for selection as a Grand Prize Winner. In selecting a Grand Prize Winner, judges will be chosen by and on behalf, and based upon criteria in the sole discretion of, Vitasoy USA, Inc. (“Judges”). Information regarding the Judges selected, including the number of Judges, will not be made available and may vary in accordance with Sponsor’s determination in Sponsor’s sole discretion. Judges shall evaluate entries according to their own evaluation scale and according to their unique preferences and taste. Selection shall be made on the basis of preference, only, in accordance to these Official Rules and in Sponsor’s sole discretion. Photos under consideration may not be changed, added to, or otherwise altered from the original photo submitted by Entrant during the Promotional Period. A final decision by qualified Judges according to the preceding criteria will be made, and Grand Prize Winners will be publicly announced, on or around September 6th, 2013. Should this Promotion be terminated/cancelled, winner selection shall cease or be postponed and Prizes may not be awarded. The decision of Sponsor shall be final; no Entrant will have the right to challenge the verdict and the Sponsor will not engage in any conversation or explanation regarding their decision. In the event of a tie, Vitasoy USA, Inc. shall select an additional Judge, whether affiliated with Vitasoy USA, Inc. or not, to cast a tie-
5. Lucky Draw Sweepstakes.
a. How to Enter. Entrants wishing to participate in the Sweepstakes must complete the Voter entry form by visiting www.myvitasoy.com/vitaface and submitting ALL the requested information including a working email address for which participant is the authorized user (see Clause 2(c)). All visitors of Sponsor’s Site will be asked to view the available collection of submitted photos on behalf of Vitasoy’s Photo Contest. In addition to the aforementioned requirements regarding submission of personal information, Entrants wishing to participate in the Sweepstakes must select one (1) photo entry of the photos listed on Sponsor’s site. Selections must be made on Sponsor’s website in accordance with internet and website guidelines. (The completed Voter entry form and Entrant’s selection of a photograph, as referenced above, will be referred to collectively as the 8 “Vote” or “Votes”, and an Entrant submitting a Vote in accordance with this clause and other requirements of these Official Rules shall be deemed a “Qualified Voter”.) Only three (3) Votes per Qualified Voter, per seven (7) day period, verified by a single email address, is permissible. Votes made in excess of three (3) Votes by a single Qualified Voter per seven (7) day period during the Promotional Period, including multiple entries made using additional or alternative email addresses, will not be allowed. All Votes must be made by an individual from a stand-alone computing device and may not be made by proxy or any electronic/automated means such as script, bot, macro or any other similar software or program. All discovered entries made in violation of this clause or these Official Rules will be discarded. Sponsor reserves the right to terminate/cancel or modify the entering procedure or disqualify any Qualified Voter if, in Sponsor’s sole judgment, it determines that the integrity or fairness of the Sweepstakes or the Promotion has been, or could be, compromised or that the Sweepstakes or Promotion is not capable of running as planned or fairly, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention (hacking), fraud, technical failures, force majeure or any other cause. Should this Sweepstakes be terminated and/or cancelled, the prizes may not be awarded. i. Alternate Entry. An alternate means of entry shall be made for those wishing to enter Vitasoy’s Lucky Draw Sweepstakes but whom are unable to access the internet, or otherwise choose not to participate using Sponsor’s Site. Those wishing to utilize alternate means of participation can enter by mailing a self-address, stamped envelope to: Vitasoy USA, Inc. 1 New England Way, Ayer, MA 01432,
b. Lucky Draw Winner Selection. Votes made by Qualified Voters during each Promotional Week and prior to the end of that Promotional Week shall be entered into a random draw sweepstakes conducted by Sponsor whereby Sponsor will select one Qualified Voter as the sweepstakes winner of that Promotional Week, and he/she shall be eligible to receive a prize as described herein (“Lucky Draw Winner”). A Lucky Draw Winner shall be eligible for a single prize (“Voter Prize”; See Clause 7(a)). Lucky Draw Winner shall be selected by chance and odds and outcome will be affected by the number of Qualified Voters and Votes received. A Qualified Voter’s odds of winning will be increased by the number of Votes he/she makes during a single Promotional Week. A total of five (5) Lucky Draw Winners (one per Promotional Week) shall be made during the Promotional Period. Participants agree that Sponsor has the sole right to decide all matters and disputes arising from the Promotion. Sponsor’s determinations are 9 final and binding, and participants, upon registration, waive all rights to disputes or actions regarding any claim pursuant to this clause. All Lucky Draw winners selected according to the preceding criteria shall be publicly announced via Sponsor’s Site following the end of the Promotional Week.
6. Notification of Winners.
Each Photo Contest Winner, Grand Prize Winner, and Lucky Draw Winner (herein collectively referred to as “Winner(s)”) will be notified by email to the email provided by the Entrant to the Sponsor via the Photo Contest Entry form or Voter Entry Form. Winners may be asked upon notification to complete additional affidavits or submit additional information regarding themself or, in the case of Photo Contest Winners, the photograph submitted to the Photo Contest. As a condition of being awarded a Prize (see clause 7). Sponsor shall not be liable for any loss or damage whatsoever suffered by Entrant, including, but not limited to, indirect or consequential loss in the delivery of the Prize to the winner.
a. Winner may be required to execute and deliver to Sponsor a consent to the use of their name, address, likeness, photograph submission and/or Prize information, without limitation, for promotional purposes and without further permission or compensation, except as otherwise prohibited by law. (See clause 8 for further conditions regarding permissions and releases). In the event a Winner fails to timely respond to Sponsor’s attempted notifications, fails to timely complete additional affidavits, or fails to give additional information as requested, or is otherwise determined by Sponsor to be ineligible, Winner shall be deemed disqualified from the Promotion, and any Prize otherwise awardable shall be considered forfeited. In such event, Sponsor may, in their unwavering authority, select an alternate eligible Winner and his or her entry shall be deemed the Winner.
a. Description of Prizes. One (1) Photo Prize will be awarded to each Weekly Star Winner, and one (1) Grand Prize will be awarded to each Grand Prize Winner, as defined herein. In addition, one (1) Voter Prize shall be awarded to each Lucky Draw Winner, as defined herein. A total of five (5) Photo Prizes, five (5) Grand Prizes, and five (5) Voter Prizes (all herein collectively referred to as “Prizes”) shall be awarded. Prizes awarded shall correlate to the following descriptions:
|Photo Prize||Details||Approximate Retail Value|
|Polaroid® Camera; and Three (3) packs of polaroid film (each pack contains 10 sheets of instant film)||Description, options and features to be determined based upon value and availability inthe sole discretion of Sponsor.||$69; plus $30 for film|
|Grand Prize||Details||Approximate Retail Value|
|IPad® Mini||Description, options and features to be determined based upon value and availability in the sole discretion of Sponsor.||$329|
|Voter Prize||Details||Approximate Retail Value|
|Miniature Refrigerator||Description, options and features to be determined based upon value and availability in the sole discretion of Sponsor; Voter Prizes are limited to one (1) Prize per household in a single Promotional Period.||$40|
b. All values, prices and determinations made in U.S. Dollars ($). Sponsor makes no guarantees regarding the quality or retail value of prizes and actual retail value among prizes may vary. Sponsor reserves the right to substitute a Prize on account of availability or as otherwise deemed necessary or beneficial in Sponsor’s sole discretion. No other substitution, assignment or transfer of Prizes permitted, except as determined in the sole discretion of Sponsor. Sponsor reserves the right to substitute any/all Prize(s) with another item of greater or equal value. The recipient of any Prize is solely responsible for any and all applicable fees and taxes associated with the receipt and use of any Prize. All Prizes shall be delivered to the respective Photo Contest Winner, Grand Prize Winner, or Lucky Draw Winner at the address provided by the Entrant. Delivery of Prizes shall be made by standard ground delivery of the United States Postal Service. Advertisements or other materials created by Vitasoy USA, Inc., or its affiliates, agents or sponsors, may contain depictions or descriptions of items in relation to the Prizes being awarded. Such depictions or descriptions are intended for promotional purposes only, and are not intended to be a guarantee of the type or quality of Prizes awarded. In addition, such descriptions or depictions may be or otherwise contain the intellectual property of a third party, and use of such images, or any logos/trademarks etc. associated with such images, are used strictly for identification purposes and is not intended to imply an endorsement or partnership of Vitasoy USA, Inc. of such third parties, or vice versa. Sponsor shall not be liable for any loss or damage whatsoever, including, but not limited 11 to, indirect or consequential loss in the delivery of the Prize. Prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). The right to receive any Prize is non-assignable and non-transferable and no Prize substitution, transfer or exchange will be allowed except by Sponsor. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZES ARE THE SOLE RESPONSIBILITY OF THE PRIZE RECIPIENT.
8. Rights Permissions and Releases.
a. Upon registration, Entrant does hereby certify and agree that:
i. Entrant grants to Sponsor the right to collect information as part of Entry, including the grant of right to the Sponsor to use and publish the biographical information provided and the submitted entry in all media, including, but not limited to, online displays, television, cable, video productions, wireless applications and other media channels and applications, known and unknown, and for advertising, promotions, other promotions sponsored by the Sponsor and other purposes, without further consent or compensation, unless prohibited by law;
ii. Entrant relinquishes all Intellectual Property Rights in content under this provision, including Copyright and Publicity Rights;
iii. Entrant agrees that the Sponsor, or those acting on its behalf, may photograph and film the Entrant and use such photographs and film for any and/or all advertising, promotional, trade and other purposes and in all media, including, but not limited to, newspapers, magazines, online displays, television, cable, video productions, online access, wireless applications and other media channels and applications, known and unknown, without further consent or compensation, unless prohibited by law; and
iv. Entrant acknowledges that although Sponsor uses its best efforts to protect your personal information, Sponsor makes no claims or promises to protect personal information against unauthorized access and/or disclosure by third parties who may unlawfully intercept or access transmissions or private communications, and/or other users who may abuse or misuse your personal information that they collect from this Site. Entrant shall assume all responsibility and liability therefrom and agrees not to hold Sponsor responsible for unauthorized access, disclosure, and/or abuse or misuse of information unlawfully collected as part of participation in this Promotion.
9. Indemnification and Release.
Entrant agrees to indemnify and hold harmless Sponsor and its affiliates and agents for any action brought by a person whose consent was not obtained by the Entrant. An Entrant explicitly releases, discharges and holds harmless the Sponsor and their shareholders, trustees, successors, estates and assigns, one and all, from any and all liability, actions, causes of action, damages, actual, incidental or consequential, claims and demands whatsoever in law or equity, including all “costs”, which s/he now has or may acquire, by reason of any personal injury, death, loss of or damage to property, or any reason, occurring during or arising out of his/her participation in the Sweepstakes and the acceptance and use or misuse of a Prize. By accepting a Prize, winner waives the right to 1) assert as a cost of winning the Prize any and all costs of verification and redemption or travel to redeem said Prize, and 2) claim any liability (including attorney's fees and costs) which might arise from redeeming or seeking to redeem said Prize (including any travel related thereto).
10. All federal, state and local laws and regulations apply.
If any provision of the Promotion or these Official Rules shall be deemed to violate any federal, state or local law, regulation or ordinance, it shall be amended to conform to such law and all other provisions shall remain in full force and effect. If Sponsor is required by applicable federal, state or local law, regulation or ordinance, or by action of an administrative agency to cease offering the Promotion, or any subsequent portion thereof, in any jurisdiction, Sponsor reserves the right to
a. terminate the Promotion in such jurisdiction in its entirety, and/or
b. cancel and remove from participation in the Promotion any and/or all entries from Entrants residing in such jurisdiction, without penalty and without obligation to any Entrants. Sponsor’s failure to enforce any Week of these Official Rules shall not constitute a waiver of that provision.
11. Choice of Law.
Entrant agrees that any and all disputes, claims, and causes of action arising out of or 13 connected with this Promotion or of any Prize awarded, and all issues and questions concerning the validity, interpretation and enforceability of these Official Rules shall be resolved individually, without resort to any form of class action, and the parties agree to the exclusive jurisdiction and venue of the appropriate court sitting the State of Massachusetts. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion and never shall include consequential, incidental or punitive damages, and in no event attorneys' or experts’ fees. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above may not apply to you. The parties acknowledge that this Agreement should be read in conjunction with any translated versions of the Agreement, and in the event of any conflict between the provisions of any such translated instruments and this Agreement drafted in the language and rules of the English language, the provisions of this English drafted Agreement shall control.
12. Copyright Notice.
Vitasoy USA, Inc., Vita Photo Contest, and Vita Lucky Draw, and all accompanying materials are copyright © 2013 by Sponsor. All rights reserved.