PROMOTION DESCRIPTION: The Fresh + Kiss and Tell Contest (the “Contest”) begins on or about 12:00 PM Eastern Time (“ET”) on June 20th, 2011 and ends at 12:00PM ET on July 29, 2011 (the “Contest Period”). The Contest Period consists of an entry phase that begins at 12:00 p.m. ET on June 20, 2011 and ends at 11:59 a.m. ET on July 8, 2011 (the “Entry Phase”) and a voting phase that begins on at 12:00 p.m. ET on July 8, 2011 and ends at 12:00 p.m. ET on July 29, 2011 (the “Voting Phase”). The Contest provides entrants with the opportunity to submit an essay (the “Submission”) to “share the story of your sweetest kiss ever” and to submit your Submission for consideration. Eligible Submissions will be posted online for members of the general public to view and judge, as more fully set forth below. The Sponsor of the Contest is Fresh Inc., 19 East 57th Street, New York, NY 10022 (“Sponsor”). By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects.
ELIGIBILITY: Contest is open only to legal residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older at time of entry. Employees, officers and directors of Sponsor, its parent, subsidiaries, and affiliated companies, advertising, promotion, or production agencies, and web masters/suppliers (collectively, the “Contest Entities”), and each of their immediate family members (spouse, parents, children, siblings) and/or individuals residing in the same household of each (whether or not related), are not eligible to participate. Void where prohibited by law.
Each Submission that is entered into the Contest must meet the following “Submission Requirements” (any Submission that, in Sponsor’s sole and absolute discretion, violates the following criteria will be disqualified):
- Essays may be no longer than one hundred (100) words in length
- Submissions must NOT contain material which is (or promoting activities which are) sexually explicit, obscene, pornographic, violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing; or material that contains any derogatory references to any Contest Entities;
- Submissions must not contain or transmit any materials that contain software viruses or other computer code, files or programs designed to impair, limit, interfere with or cause harm to any communications network operated by any of the Contest Entities or the computers of any individual or entity participating in or otherwise associated with the Contest;
- Submissions must be entirely original to the entrant and must NOT include mention or performance of any copyrighted media production, films, music, books, television programming, etc., or identifying descriptions of any media property;
- Submissions must NOT have been previously submitted to another contest or submitted to any entertainment entity that would conflict with this Contest, as determined in the Contest Entities’ sole discretion;
- Submissions must NOT contain reference to third party trademarks, logos, insignia, location signage, photographs, or artwork, or sculpture, except for those belonging to Sponsor, nor the names and likenesses of other individuals without their written consent; and
- Submissions must comply with the Sponsor’s Terms and Conditions located at http://www.fresh.com/content/termsandconditions.
Limit one (1) entry per person throughout the Contest Period. No other form of participation is valid. Any attempt by any entrant to obtain more than one (1) entry by using multiple/different e-mail addresses, identities or any other methods will void that entrant’s entries and that entrant will be disqualified. The Contest Page is the official timekeeping device for this Contest. No automated entry devices and/or programs permitted. Entries generated by a script, macro or other automated means will be disqualified. Each entrant must be the rightful owner of the Facebook account used to access the Contest. Entrants must provide all information requested to be eligible to win. Incomplete, unreadable, or unintelligible entries will be disqualified. Entries will not be returned or acknowledged by the Sponsor.
REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each person who enters this Contest represents and warrants as follows: (i) the Submission is the entrant’s own original, previously unpublished, and previously unproduced work; (ii) the Submission does not contain any computer virus, is otherwise uncorrupted, is wholly original with entrant; (iii) as of the date of submission, the Submission is not the subject of any actual or threatened litigation or claim; (iv) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; and (v) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each entrant hereby agrees to indemnify and hold the Contest Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all claims, damages, injuries, death, liabilities, losses, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.
GRANT OF RIGHTS: Each entrant into the Contest hereby irrevocably grants, transfers, sells, assigns and conveys to the Sponsor, their successors and assigns, all present and future right, title and interest of every kind and nature whatsoever, including, without limitation, all copyrights, and all rights incidental, subsidiary, ancillary or allied thereto (including, without limitation, all derivative rights) in and to the Submission for exploitation throughout the universe, in perpetuity, by means of any and all media and devices whether now known or hereafter devised. Sponsor shall have the right, in their sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submissions for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein. Each entrant hereby acknowledges that such entrant does not reserve any rights in or to the Submission.
PUBLICITY RELEASE: By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in or winner of the Contest, each entrant irrevocably grants the Contest Entities and their respective successors, assigns and licensees, the right to use such entrant’s name, likeness, and biographical information in any and all media for any purpose, including without limitation, advertising and/or promotional purposes as well as in, on or in connection with the Contest Page or the Contest or other promotions, and hereby release the Contest Entities from any liability with respect thereto.
VOTING PHASE AND WINNER SELECTION/NOTIFICATION: During the Voting Phase, Submissions that are approved by Sponsor, will be made available for viewing on the Contest Application. To vote on a Submission, go to www.facebook.com/Fresh, select the “VOTE NOW” tab, and locate the “Contest Application”. At the conclusion of the Voting Phase the Submission that receives the most votes during the Voting Phase will be deemed the potential Grand Prize winner, subject to verification of eligibility. Limit three (3) votes per person per day during the Voting Phase. Entrants will be disqualified if automatic voting software is used in their favor. The potential winner will be notified by telephone and/or email using contact information provided at the time of entry. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If any potential winner does not respond within the time required by Sponsor, or if the winner notification is returned as unclaimed or undeliverable to any potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason, such potential winner will be disqualified and the prize may be awarded to the next highest scoring Submission.
PRIZE: One (1) Grand Prize is available. The Grand Prize consists of a $2,500 credit to purchase Fresh products on Fresh.com. Credit can only be redeemed by calling Fresh customer service. Details will be provided to the Grand Prize winner. Credit must be used by December 31, 2011.
GENERAL PRIZE CONDITIONS: The prize winner shall be solely responsible for any federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. The prize winner must execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”). If a winner fails or refuses to sign and return all Prize Claim Documents within five (5) days of prize notification (or a shorter time if required by exigencies), the winner may be disqualified and an alternate winner may be selected.
GENERAL: Entrants agree that the Contest Entities (a) shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Contest or any Contest-related activity, or from entrants’ acceptance, receipt, possession, travel related to and/or use, misuse and/or defect of the prize, and (b) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to the prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Contest Entities assume no responsibility for any damage to an entrant’s computer system which is occasioned by accessing the Contest Application or participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest or the Contest Application, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. In the event Sponsor is prevented from awarding the prize or continuing with the Contest as contemplated herein by any event beyond its control, Sponsor shall have the right to modify, suspend, or terminate the Contest. If the Contest is terminated for any reason before the designated end date, Sponsor will (if possible) select the winner from all eligible, non-suspect submissions received as of the date of the event giving rise to the termination. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
NO OBLIGATION TO USE: Sponsor shall have no obligation (express or implied) to use any Submission, or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of any Submission for any reason, with or without legal justification or excuse, and contestants shall not be entitled to any damages or other relief by reason thereof.
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 OR SPONSOR IN CONNECTION WITH THE CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF NEW YORK 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.
WINNER’S LIST: To obtain a copy of any legally-required winner’s list, send a self-addressed stamped envelope to The Fresh + Kiss and Tell Contest Winner, c/o Fresh, 19 East 57th Street, New York, NY 10022. All such requests must be received by July 15, 2011.
THE CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK. FACEBOOK IS COMPLETELY RELEASED OF ALL LIABILITY BY EACH ENTRANT IN THIS CONTEST.