1) Promotion Description: Chicken of the Sea International (the "Sponsor") is offering the "Name the Mermaid Contest" (the "Promotion") and will determine winners and award prizes based on the decisions of a Judging Panel. The Promotion begins January 1, 2014 at 12:00:01 AM Pacific Time ("PT") and ends February 14, 2014 at 11:59:59 PM PT ("Promotion Period").
|Activity||Begins at 12:00:01 AM PT on...||Ends at 11:59:59 PM PT on...|
|Entry Period||January 1, 2014||February 14, 2014|
|Judging Period||February 17, 2014||February 21, 2014|
|Winner Qualification Period||February 24, 2014||March 5, 2014|
|Winners Announced||March 6, 2014||March 6, 2014|
2) Eligibility: The Promotion is open to legal residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older or between the ages of thirteen (13) and seventeen (17) having their parent or legal guardian's permission to enter. Employees, officers and directors of Sponsor, Promotion Administrator, its advertising, promotional, fulfillment and marketing agencies (collectively the "Promotion Entities"), their immediate families (parent, grandparent, child, sibling & spouse) and persons living in the same households as such individuals (whether related or not), are not eligible to participate in the Promotion. Void in Puerto Rico, all other U.S. territories and possessions and overseas military installations and where prohibited or otherwise restricted by law, rule or regulation. All federal, state and local laws and regulations apply.
3) Creating your Name Submission: The Sponsor is interested in determining a name for its Mermaid character ("The Mermaid"). Develop a name for The Mermaid that is suitable for use in consumer advertising and marketing and which also meet the following requirements (your "Name Submission"). Your Name Submission must:
Your Name Submission may NOT:
In Sponsor's sole opinion, Name Submissions which do not meet one or more of these requirements and/or which Sponsor deems negative, offensive or controversial in any way will be disqualified and removed from the Promotion. Without in any way limiting, expanding or amending the Terms of Service at http://chickenofthesea.com/100/privacy, which shall remain in full force and effect, if Sponsor is duly notified that any element of an entrant's Name Submission infringes upon the rights of another person or entity and/or receives a legally valid request to remove or invalidate the affected Name Submission because of such infringement, such Name Submission may be removed and disqualified from the Promotion, as Sponsor may determine in its sole discretion. No entrant will be eligible to receive a prize unless Sponsor determines, in its sole and absolute discretion, that such entrant's Name Submission has been or can be sufficiently cleared for legal purposes and such entrant has complied with the terms of these Official Rules.
4) How to enter your Name Submission: Visit www.ChickenoftheSea.com/100 and complete the registration form with the following informational points (your "Entry"):
There is no limit to the number of Entries you may submit however each Entry must contain a different Name Submission.
If two or more different people submit identical/duplicate Name Submissions, the first Entry submitted with the identical/duplicate Name Submission (based on chronological time/date of entry) will be considered for eligibility and any subsequently received identical/duplicate Name Submissions will be void.
Additionally, by entering the Promotion, you agree you hereby license the rights to use the information in your Nomination to the Sponsor for use in and in relation to any of its products and the advertising, marketing, promotion and exploitation thereof in exchange for no compensation of any kind.
All entries become the sole and exclusive property of Sponsor and receipt of entries will not be acknowledged or returned. By entering, you agree that you hereby license the rights to use your Name Submission to the Sponsor for advertising and promotion of its products and/or its company in any media now known or hereafter developed in perpetuity in exchange for no compensation of any kind. Additionally, upon acceptance of a prize you agree you are assigning and will further confirm such assignment in writing, if requested by Sponsor, full and complete ownership of all intellectual property rights in and to your Name Submission and all usage rights therein to the Sponsor for use in and in relation to any of its products and the advertising, marketing, promotion and exploitation thereof in any media now known or hereafter developed in exchange for no additional compensation in perpetuity.
In the event of a dispute regarding an Entry received from multiple users having the same email account, the authorized subscriber of the email account at the time of submission will be deemed to be the entrant and must comply with these Official Rules. Authorized account subscriber is the natural person who is assigned the email address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning email addresses.
You acknowledge and agree that Entries may contain Name Submissions which are substantially similar or identical to those which have been developed by Sponsor's staff or consultants or which have been submitted by others. Further, Sponsor may begin using material similar or identical to yours, which Sponsor has received after the date of your Entry. Accordingly, you agree that Sponsor will determine whether Sponsor has in fact used your Name Submission.
5) Judging and Winner Determination: Name Submissions will be judged by a panel of the Sponsor's marketing and advertising professionals ("Judging Panel") and will be judged and weighted equally on the following points: (a) creative, fresh, fun, humorous; (b) compatibility with Chicken of the Sea® products and image; and (c) applicability for use in advertising mediums of all kinds. The Judging Panel will determine one (1) potential Grand Prize Winner, ten (10) potential First Place Winners and twenty (20) potential Second Place Winners (each a "Potential Winner"). A Potential Winner is not an official winner ("Official Winner") until his/her eligibility has been verified and Potential Winner has been notified that verification is complete. The decisions of the Sponsor and Judging Panel in all matters relating to this Promotion are final and binding. At Sponsor's sole discretion, if an inadequate number of Entries or if Name Submissions received are of inadequate quality, Sponsor reserves the right NOT to select any Name Submissions as winners or to select fewer than thirty-one (31) Potential Winners.
7) Prizes and Approximate Retail Values: One (1) Grand Prize of $10,000 awarded by check, Approximate Retail Value ("ARV") $10,000. Ten (10) First Place Winners will receive Chicken of the Sea® Seafood for a year (awarded as a check for $145). Twenty (20) Second Place Winners will each receive a Chicken of the Sea branded premium item, ARV $5. There are a total of thirty-one (31) prizes available with a total ARV of all prizes of $11,550.
All federal, state and other taxes on prizes are solely the responsibility of the Official Winners. There are no prize substitutions or options available. No prize recipient shall be permitted to replace his/her designated prize with another prize or item or redeem his/her prize or any portion of the prize for cash. However, Promotion Entities reserve the right, exercisable at any time in their sole discretion, to substitute a prize of equal or greater value. Any costs associated with prize acceptance and use not specified herein as being provided, is the Official Winner's sole responsibility.
8) Winner Confirmation: Potential Winners will be contacted within two (2) business days of the Judging Period at the e-mail address provided in his/her Entry ("Prize Notification"). The Grand Prize Winner will be provided with an Affidavit of Eligibility, a Liability/Publicity Release (unless prohibited by law) and an IRS Form W-9, (collectively "Affidavit") by mail. The Affidavit must be executed as directed and returned within seven (7) days of the date of the letter accompanying the Affidavit. In completing the Affidavit, the Potential Winner of the Grand Prize will be required to send a copy of his/her passport, driver's license, birth certificate, or other appropriate documentation (acceptable to Sponsor) as proof of age and residency. First and Second Place Prize winners will receive a Prize Notification asking them to confirm prize acceptance and provide an address for the purposes of prize fulfillment. Potential First and Second Place Winners must respond within seven (7) days of Prize Notification with the requested information or be subject to disqualification. If any prize winner is under the age of majority in his/her state of legal residency ("Minor"), his/her parent or legal guardian must provide his/her information for the purposes of prize fulfillment and accept the prize on behalf of the Minor. Failure to comply with any of these provisions will result in disqualification and forfeiture of the prize. Return of Prize Notification or prize as undeliverable for any reason will result in disqualification and forfeiture of the prize. In the event of a disqualification, at Sponsor's sole discretion an alternate winner may be determined based on the same judging criteria set forth above. Any unclaimed prizes will not be awarded. Entrants agree that the decisions of the Sponsor are final and binding.
9) General: All entrants agree to comply fully with each provision in these Official Rules. Any person attempting to defraud or in any way tamper with this Promotion and any person who does not comply with these Official Rules, will be ineligible for any prize(s) and may be prosecuted to the full extent of the law. If, during the Promotion Period, for reasons beyond the Sponsor's control (including, but not limited to, tampering or computer virus infection), the Promotion is not capable of running as originally planned, the Sponsor, at its sole discretion, reserves the right to cancel or modify the Promotion, without liability and to the extent feasible, and will select Official Winners and award prizes from among Entries received prior to cancellation or modification in accordance with the same judging criteria set forth above. Sponsor is not responsible for Internet, computer hardware and software, phone, and other technical errors, malfunctions, and delays. Entries, which are incomplete, inaccurate, irregular, or otherwise not in compliance with these Official Rules, are void.
10) Right to Use Your Work: By submitting an Entry, you: (a) represent and warrant that your Name Submission is your wholly original work, not previously published, and does not incorporate or include anything that is owned by any third party or would require the consent of any third party and your Name Submission does not violate any copyright, trademark, publicity right, privacy right or any other right of any third party; (b) agree to abide with all terms and conditions as set forth in these Official Rules; (c) automatically grant to the Sponsor an exclusive, world-wide, royalty free, irrevocable license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute and display your Name Submission; (d) agree that if selected as a winner of any prize, your Name Submission shall legally be considered a "work made for hire," with all rights therein, including, without limitation, the exclusive copyright, transferred to and being the property of the Sponsor; and (e) agree that upon selection as a winner of any prize, in the event your Entry is considered not to be a "work made for hire," you irrevocably assign to the Sponsor all right, title, and interest in and to your Name Submission (including, without limitation, the copyright) in any and all media whether now known or hereafter devised, in perpetuity, anywhere in the world, with the right (among all other ownership rights) to make any and all uses thereof, including, without limitation, for purposes of advertising or trade. The rights granted under this paragraph shall extend to the Sponsor and its affiliated companies with respect to all entries and all other submitted materials related to the Promotion, including those submitted by non-winners and winners.
By submitting an Entry, you grant to the Sponsor and its affiliated companies the right to use your name, likeness, picture, address (city and state), voice, biographical information, and any written or oral statements, for advertising and promotional purposes in promoting or publicizing the Sponsor, its products or services, without notice or compensation in perpetuity in any media now known or hereafter developed except where prohibited by law. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of your name, picture, likeness, address (city and state), e mail address, biographical information, or entry. The rights granted under this paragraph shall extend to the Sponsor, its affiliated companies with respect to all entrants in the Promotion, including non-winners and winners. The Sponsor however, does not have any obligation to use the winning or non-winning Entries for any purpose.
11) General: All federal, state, and other taxes on prizes are the sole responsibility of the Official Winners. All entrants agree to comply fully with each provision in these Official Rules.
Any person attempting to defraud or in any way tamper with this Promotion and any person who does not comply with these Official Rules, will be ineligible for any prize(s) and may be prosecuted to the full extent of the law. No automated entry devices and/or programs permitted. Sponsor is not responsible for lost, late, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Proof of submission will not be deemed to be proof of receipt by Sponsor.
Sponsor is not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, including without limitation with respect to any third party website or service, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one's ability to enter the Promotion, including any injury or damage to participant's or any other person's computer relating to or resulting from participating in this Promotion or downloading any materials in this Promotion.
Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Promotion should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Promotion. In such case, Sponsor may determine the winners (based on the Judging process in #5 above) from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Promotion or web site. Sponsor may prohibit an entrant from participating in the Promotion or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
12) Release of Liability and Issues of Law: By participating entrant releases the Sponsor, its affiliates, partners, subsidiaries, officers, directors, agents, employees and all Promotion Entities associated with the development and execution of this Promotion and their respective employees, officers, directors and shareholders ("Released Parties") from any and all liability with respect to and in any way arising from participating in this Promotion or acceptance or use of prizes.
Entrants also agree that the Released Parties are not responsible or liable for any injury or damage to any entrant's or third person's computer system related to or resulting from entering the Promotion or the download of any materials associated with the Promotion (including, without limitation, any server failure or lost, delayed or corrupted data or other malfunction), either directly or indirectly.
Entrants agree that Released Parties shall not be liable for personal injuries, death, damages, expenses or costs or losses of any kind resulting from participation or inability to participate in this Promotion or parts thereof or acceptance of, use of or inability to use a prize or parts thereof including, without limitation, claims, suits, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light (whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory. Official Winners agree to release the Released Parties from any and all liability and responsibility with respect to the prize (including any property loss, damage, personal injury or death). Official winners acknowledge the Promotion Entities have neither made nor are in any manner responsible for any warranty, representation or guarantee, expressed or implied, in fact or in law, related to the prize.
Released Parties shall not be liable to a winner or any other person for failure to supply a prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(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 Released Parties' sole control.
All Federal, state and local laws and regulations are applicable. THE NORTH CAROLINA COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE PROMOTION AND THE LAWS OF THE STATE OF NORTH CAROLINA SHALL GOVERN THE PROMOTION. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THOSE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS. The Promotion is void where restricted or prohibited by law.
13) Information about the Winners: Winners will be announced at www.ChickenoftheSea.com/100 on or about March 15, 2014. To request a list of all winners by mail (available after March 15, 2014) send a hand self-addressed, return postage affixed envelope for receipt no later than March 15, 2014) to: Chicken of the Sea Name the Mermaid Winners List, PO Box 12055, Scottsdale, AZ 85267-2055.
14) Communication: Any questions or comments regarding this Promotion should be directed to Chicken of the Sea International via email to: TheMermaid@ChickenOfTheSea.com
Chicken of the Sea International
PO Box 85568
San Diego, CA 92186
16) Promotion Administrator:
Extra Mile Marketing
16611 N. 91st Street, STE 106
Scottsdale, AZ 85260-1523