“Keep It Real with California Dairy” Contest Official Rules

July
Printer Friendly, PDF & Email
2013

 NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.

Contest may only be entered in or from the State of California and entries originating from any other jurisdiction are not eligible for entry. Contest is governed exclusively by the laws of California. You are not authorized to participate in the Contest if you are not located in the State of California. 

1. How to Enter.  To enter the Contest, eligible entrants (as defined in Section 3) must go to californiadairypressroom.com (“Site”) and access the OfferPop Microsite application by clicking “Submit Entry”, and post an original video (“Video”), which shall be no more than thirty (30) seconds in length, about what makes California dairy milk special in response to one of the following Contest themes (collectively, “Themes”):

(a) “Dare to Dairy Challenge”: Video should show you engaging in an activity competing with someone else using real California dairy ingredients, for example an ice-cream eat off. Note: any minors appearing in video are required to have parental consent.

(b) “Keep It Real”: Video should tell a behind-the-scenes story about dairy farming;

(c) “Udderly Cool Eats”: Video should show your cooking talent with real California dairy ingredients. 

Then you must complete the Contest Profile Form by entering the following information:

(a)    A caption for your entry;

(b)   Your first and last name;

(c)    Your e-mail address;

(d)   Your location (city, street address, state, and zip code).

Instead of manually updating the above profile information, you may connect with your Facebook profile to complete the form. 

If you enter the Promotion using a mobile device (“Device”), your wireless service provider's message and data rates apply. You should consult your wireless service provider's pricing plan for details. You agree to incur any and all charges demanded by your wireless carrier. You should check your Device's features for capabilities and check the Device manual for specific use instructions.

All entry information and Videos shall be collectively referred to herein as the “Submissions” or each as a “Submission.”  Sponsor reserves the right to cancel or modify this Contest in the event an insufficient number of entries are received that meet the minimum judging criteria. 

By entering, each entrant warrants and represents the following with respect to his/her Submission: (a) entrant is the sole and exclusive owner of the Submission; (b) the Submission is entrant’s own creation and the Submission will not infringe on any rights of any third parties; and (c) any third party whose person or property appears in the Submission has given entrant appropriate written consent (which shall be provided to Sponsor upon request thereof) for such person or property to be photographed and used as permitted herein. Sponsor reserves the right to request third party releases from any third party included in any Submission at any time.  Failure to produce fully executed third party releases (if applicable) may result in disqualification of the Submission, in Sponsor’s sole and absolute discretion.

By entering, each entrant further agrees that his or her Submission conforms to the Content Restrictions set forth below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may reject any entrant’s Submission and disqualify him or her from the Contest if Sponsor believes, in its sole discretion that such Submission fails to conform to the Guidelines and Restrictions.

Video Guidelines:

  • The Video must be in one the following formats: asf, asx, avi, divx, dv, dvx, m4v, mov, mp4, mpeg, mpg, qt, wmv, 3g2, 3gp, 3ivx, 3vx.
  • The Video should not exceed 30 seconds in length.
  • The Video must not exceed 50 MB in size.
  • The Video must be primarily in English.
  • The Video cannot have been submitted previously in a promotion of any kind.

Content Restrictions:

  • The Submission must not contain material that violates or infringes any rights of any other party, including but not limited to copyright, trademark, privacy, publicity or any other intellectual property rights.
  • The Submission must not disparage Sponsor or any other person or party.
  • The Submission must be consistent with the image and values of Sponsor and be consistent with and satisfy the purpose of the Contest.
  • If food is used in Submission, only use food that will be consumed and not intended to be wasted.  
  • The Submission must not contain brand names or trademarks except for Sponsor’s trademark for which entrant has a limited license to use for the sole purposes of using in Submission.
  • The Submission must not contain material that is inappropriate, indecent, obscene, violent, hateful, tortious, defamatory, slanderous or libelous.
  • The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.
  • The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where the Submission is created.
  • If the Submission involves food or cooking, the Submission must not contain material that is dangerous or hazardous to health.

Limit one (1) Submission per person, per day of the Contest Period. However, entrants are not permitted to submit the same Submission or a Submission that is substantially similar to another Submission submitted by the same entrant during the Contest Period, as determined by Sponsor in its sole or absolute discretion.  Each day of the Contest Period begins at 12:00:00 AM PT and ends at 11:59:59 PM PT. No automated entry devices and/or programs permitted.  All entries, including Submissions, become the sole and exclusive property of Sponsor and receipt of entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, postage-due, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic.  Only fully completed entry forms are eligible.  Proof of submission will not be deemed to be proof of receipt by Sponsor.  Sponsor reserves the right to cancel or modify this Contest in the event an insufficient number of entries are received that meet the minimum judging criteria (as defined below).

2. Start/End Dates. Contest begins at 12:00:00 AM Pacific Time (“PT”) on June 23, 2015 and ends at 11:59:59 PM ET on September 30, 2015 PT (the “Contest Period”). 

3. Eligibility. Participation open only to legal residents of California, who are current members of the California Future Farmers of America, California Jersey Cattle Association Junior Membership and/or California Junior Holstein Association.  Entrant must be at least thirteen (13) years of age.  If entrant is under the age of 18, by entering, entrant verifies that he/she has obtained parental consent for his/herself to participate in this Contest and submit the Submission for purposes of this Contest, and that entrant has obtained all rights for the use of others (including parental consent for any minors) who may appear in the Submission.  Void outside of the State of California and where prohibited, taxed or restricted by law. Employees, officers and directors of the California Milk Advisory Board (“Sponsor”) and its parent company, subsidiaries, affiliates, partners, advertising and promotion agencies, manufacturers or distributors of Contest materials and their immediate families (children and spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter.  All federal, state and local laws and regulations apply.

4. Judging/Judging Criteria.  On or about October 1, 2015, all eligible Submissions will be judged by a panel of Sponsor judges that have the required knowledge and experience to apply the judging criteria.  All Submissions will be judged based on the following equally-weighted judging criteria: (a) originality; (b) relevance to the entrant-selected Theme; and (c) creative use of dairy. Subject to verification and compliance with these Official Rules, the highest scoring Submission will be deemed the Grand Prize winner.  In the event of a tie, the Submission with a higher score in “creative use of dairy” category will break the tie.  By entering the Contest, entrants fully and unconditionally agree to be bound by these Official Rules and the decisions of the judges, which will be final and binding in all matters relating to the Contest.

5. Prizes. Two (2) Grand Prize Winners will each receive a trip to the 2016 Tournament of Roses Parade in Pasadena, California to ride on CMAB Rose Parade float (“Parade”)* and participate in related activities (to be later determined) between December 27, 2015 and January 4, 2016.  

One (1) Runner-up Winner will receive an expense-paid trip to Pasadena, California and participate in select Tournament of Roses activities between December 27, 2015 and January 1, 2016.

Grand Prize Winners and Runner-up Winner will be collectively referred to herein as “winners” and each as a “winner.”  If winner is under the age of 18, travel expenses will be included for one additional parent or legal guardian over the age of 18, who must travel on the same itinerary as winner and sign a travel release before ticketing.  

Prize consists of a four (4) day/three (3) night trip for one (1) person [Or two (2) people if winner is under the age of 18] to Pasadena, California.  Trip includes round-trip coach airfare from major gateway airport near winner’s residence and single or double occupancy hotel accommodations arranged by Sponsor, meals, and ground transportation to Parade and related activities, not to exceed approximate retail value (“ARV”) as stated below.  Gratuities, travel upgrades, or any other expenses not specifically listed herein responsibility of winner. Travel and accommodations subject to availability; certain restrictions and blackout dates may apply.  Winner must travel between December 27, 2015 and January 4, 2016, or prize will be forfeited and may be awarded to an alternate.  Sponsor is not liable for delays, cancellation or unforeseen events related to the flights.  Winner will be solely responsible for obtaining valid identification relating to acceptance and use of the travel prize packages.  If in the judgment of Sponsor, air travel is not required due to winner’s proximity to prize location, ground transportation will be substituted for roundtrip air travel at Sponsor’s sole discretion. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates.  ARV of each prize: $1,500 but actual value may vary depending on air flight fluctuations and distance between departure and destination and whether parent or legal guardian must travel with winner.  ARV of all prizes combined: $4,500.  Winners will not receive difference between actual and approximate retail value.  Any other expenses not specifically listed herein are responsibility of winners.  Prizes are non-transferable.  No substitutions or cash redemptions, except in the case of unavailability of any prize, Sponsor reserves the right to substitute a prize of equal or greater value. 

**Parade Terms:

Released Entities (defined below) are not responsible if Parade is delayed, postponed or cancelled for any reason, in which case that portion of prize is forfeited in its entirety and no substitution will be provided, except as in Sponsor’s sole discretion.  In such event, Sponsor shall have the option, in its sole discretion, to substitute a different prize activity/event/meeting.  Sponsor’s liability is limited to only the trip portion of the Prize.  No responsibility is assumed by the Released Entities for any cancelled, rescheduled, delayed or postponed Parade. Participation in the Parade is subject to Parade’s terms and conditions.  The Released Entities and/or any other relevant party, reserve the right to remove or to deny participation in the Parade to a winner or guest who engages in a disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person at the Parade.

6. Notification. Potential winners will be notified via email from Sponsor on or about November 1, 2015.  Potential winners will be required to sign and return, where legal, an Affidavit of Declaration of Eligibility, Liability/Publicity Release and/or rights transfer document within five (5) days of prize notification.  Additionally, potential winner(s) may be required to obtain releases from any and all third parties appearing in his/her Submission.  If any potential winner is considered a minor in his/her jurisdiction of residence, Affidavit or Declaration of Eligibility, Liability/Publicity and rights transfer document must be signed by his/her parent or legal guardian. If potential winner cannot be contacted within five (5) days  of first notification attempt, if prize or prize notification is returned as undeliverable, if potential winner rejects his/her prize or in the event of noncompliance with these Official Rules, such prize will be forfeited and may be awarded to the Submission with the next highest score.  Upon prize forfeiture, no compensation will be given.  

7. Conditions. Sponsor shall not be liable or responsible in the event winner’s Submission is not used for any reason.  Submissions may be cut, edited, reformatted, rearranged, combined with other materials and/or otherwise modified, in Sponsor’s sole and absolute discretion.  Participation in Contest and acceptance of prize constitutes winner’s permission for Sponsor to use his/her name, address (city and state), likeness, image, photograph, picture, portrait, voice, biographical information, Submission and/or any statements made by each winner regarding the Contest or Sponsor for advertising and promotional purposes, in any and all media now known or hereafter developed, worldwide, in perpetuity, without notice or additional compensation, except where prohibited by law.  By participating, entrants and winner agree to release and hold harmless Sponsor, Offerpop, Future Farmers of America, American Jersey Cattle Association, Junior Holstein Association, Pasadena Tournament of Roses, Facebook, and their respective partners and promotion and advertising agencies and each of their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, the “Released Entities”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever, including without limitation property damage, personal injury and/or death which may occur in connection with, preparation for, travel to or participation in Contest, or possession, acceptance and/or use or misuse of prize or participation in any Contest-related activity and for any claims based on publicity rights, defamation, misappropriation, false association, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action and/or breach of contract.  Entrants who do not comply with these Official Rules, or attempt to interfere with this Contest in any way shall be disqualified. Sponsor is not responsible if Contest cannot take place or if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather, acts of terrorism or any other causes outside of Sponsor’s reasonable control.

8. Additional Terms. In case of dispute as to the identity of any entrant, entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry. “Authorized Account Holder” is defined as the natural person who is assigned an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational, institution, etc.) responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Any potential winner may be requested to provide Sponsor with proof that such winner is the authorized account holder of the e-mail address associated with the winning entry.  Any attempted form of entry other than as set forth in Section 1 above is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. The Released Entities are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, 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 Contest, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Contest or downloading any materials in this Contest.  Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Contest 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 Contest. In such case, Sponsor may select the winner 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 Contest or web site.  Sponsor may prohibit an entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest 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 CONTEST 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.

9.  Limitation of Liability; Disclaimer of Warranties.  IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE ANY SITE, OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE CONTEST. WITHOUT LIMITING THE FOREGOING, THIS CONTEST AND ALL PRIZES ARE PROVIDED "AS IS"  WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

10. Disputes; Governing Law.  The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Contest. Any controversy or claim arising out of or relating to these Official Rules and/or the Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of California.

THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Contest, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of San Francisco in the State of California.  The parties agree not to raise the defense of forum non conveniens.

11.  Use of Data.  Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy. Please review Sponsor’s privacy policy at http://www.realcaliforniamilk.com/privacy-policy/. By participating in the Contest, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy. 

12. List of winners. To obtain the list of winners, send a self-addressed, stamped envelope by December 1, 2015 to: California Milk Advisory Board Contest, c/o Aura Lo 1050 Battery St. San Francisco, CA 94111 

13. Sponsor.  California Milk Advisory Board, 400 Oyster Point Blvd Ste 211, South San Francisco, CA 94080.

THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK. YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND NOT TO FACEBOOK.