“Blueberry Muffin Tops” Video Contest Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
Participation constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules. The “Blueberry Muffin Tops” Video Contest ("Contest") will begin at 12:00 AM Eastern Time (ET) on November 23, 2009 ("Contest Start Date"), and end at 11:59 PM ET on March 7, 2010 ("Contest Period").
Eligibility: The Contest is
intended for viewing and participation in the 50
How to Enter: To enter the Video contest, an entrant must visit www.blueberrymuffintops.com and complete the contest registration form and upload a creative video which addresses “how when you eat Blueberry Muffin Tops, you get the blast of blueberry and it gives you the crazed energy feeling” (the “Theme”). The file format of the video must be .AVI, .WMV, .FLA or .MOV. The maximum length of the video is two (2) minute. To complete the Contest registration form, provide your first name, last name, street address, city, state, zip code, date of birth, phone number, and email address. All entries must be received no earlier than 12:00 AM ET November 23, 2009 and no later than 11:59 PM ET on February 16, 2010 (“Contest Entry Period”). The entrant is responsible for all costs associated with the production, conversion and uploading of the video. Limit one entry per person. There will be a Sweepstakes element to the Contest. All contest entrants that submit a valid entry will automatically receive a Sweepstakes entry into the weekly random drawings. There will be one (1) Fourth Prize Sweepstakes winner selected each week during the Contest Entry Period. To enter the Sweepstakes without submitting a Video entry, you may enter by hand-printing your first name, last name, street address, city, state, zip code, date of birth, phone number, and email address and age on a 3”x 5”card and mailing it in a standard business-size #10 envelope to: “Blueberry Muffin Tops” Video Contest, 90 Rockwood Place, Rochester, NY 14610. All mail-in entries must be postmarked by February 16, 2010 and received by February 20, 2010. Limit one (1) entry per person regardless of method of entry. Sponsor reserves the right to disqualify any person or email address that submits more than maximum allowed entries. Video entries that do not pertain to the Theme will be not be considered. The Sponsor and Released Parties are not responsible for illegible, damaged, lost, late, misdirected, incomplete or postage due Sweepstakes entries. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. By participating in this Contest, entrants agree to be bound by these Official Rules and the decisions of the Sponsor which are final and binding in all matters relating to the Contest. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Contest or any Sponsor website; (b) violating the Official Rules or (c) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. By entering the Contest, entrants agree that each video entry becomes the property of Sponsor and that the Sponsor may use such video for any purpose. Any personally identifiable information collected during an entrant's participation in this Contest will be collected by Sponsor and used by Sponsor, Administrator, their respective affiliates, agents and marketers for purposes of the proper administration and fulfillment of the Contest as described in these Official Rules. Sponsor’s published privacy policy (www.malt-o-meal.com/legal/privacy-policy.php ) does apply to use by the company of any video that an entrant submits to the Contest or to any information submitted in connection with such video, which may be used and displayed publicly by Sponsor. BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ON SPONSOR’S WEBSITE, IN SPONSOR’S DISCRETION. Submission of an Entry grants Sponsor and its agents an unlimited, worldwide, perpetual, license and right to publish, use, publicly perform the Entry in any way, in any and all media, without limitation, and without consideration to the entrant.
Entrants represent and warrant that their work is the original work of the entrant, has not been previously published, has not won previous awards, and does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity and must have been created in a legal and safe manner. If the video contains any material or elements that are not owned by the Entrant and/or are subject to the rights of third parties, the Entrant is responsible for obtaining, prior to submission of the video, any and all releases and consents necessary to permit the use and exhibition of the video by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness releases for any person who appears in or is identifiable in the video (collectively, the “Clearances”). By submitting a video, Entrant warrants and represents that he or she consents to the submission and use of the video in the Contest, and to its posting on the Internet in connection with the Contest.
Video entries may not contain any of the following: i) Materials which include or constitute trademarks, trade names or copyrighted works created or owned by any person or entity other than Entrant or for which the Entrant has not obtained owner’s permission to use; ii) Materials which contain identifiable commercial product brands; iii) Materials which contain clothing items bearing designer insignia, logos, profanities, or bearing the name or likeness of any celebrity, living or dead; iv) Materials which contain visible phone numbers, website links, street addresses, e-mail addresses or license plate numbers; v) Materials which contain profanities, vulgar language, lewd behavior, or are otherwise obscene or inappropriate for a general audience; vi) Materials which contain nudity or any depiction of real or simulated sexual acts; vii) Materials which contain extensive or gratuitous violence; viii) Materials which constitute or contain footage from the recording of actual illegal acts; ix) Materials which contain unsafe actions, or use of fire that may result in personal injury or destruction of property; x) Materials which violate anyone’s privacy rights, violate any confidentiality or employment agreement, or which are defamatory; xi) Materials which are derogatory to Sponsor, or any affiliated entity or person; xii) Materials which are discriminatory based on race, religion, national origin, physical disability, age, sex, or sexual orientation or preference; xiii) Materials in which any person identifiably appears where no appropriate written release has been obtained from such person granting all rights required herein; xiv) Materials which include any pre-recorded music; xv) Materials which contain any computer virus, worm or other harmful computer programming or thing; xvi) Materials which do not comport with the entry requirements. Entries which do not conform to these guidelines will be disqualified. Sponsor further reserves the right, in its sole and unfettered discretion, to verify at any time during the Contest that all necessary Clearances have been obtained and to disqualify and remove any entry if it believes that the necessary Clearances have not been obtained. Should the Clearance not be in an acceptable format, the Sponsor will provide the release form, which must be completed and returned prior to the Sponsor’s requested date, in order to be considered for any of the prizes offered.
Video must also meet the following minimum requirements or they will be disqualified:
• Each video must address “how when you eat Blueberry Muffin Tops, you get the blast of blueberry and it gives you the crazed energy feeling”
• File format of the video must be .AVI, .WMV, .FLA or .MOV
• Each video entry must be in the English language
• Each video entry must be a maximum two (2) minute in length
• Each video entry may not contain any pre-recorded music
• Each Contest registration form/Sweepstakes entry must include: entrant’s first name, last name, street address, city, state, and zip code, date of birth, phone number, and email address.
• Each video must not, in the sole and unfettered judgment of the Sponsor, contain any sexually explicit, disparaging, libelous or other inappropriate content or nudity.
• Each video must not contain any act that is considered dangerous, in the sole and unfettered judgment of the Sponsor.
• Each video must not contain any copyrights or trademarks of any competitors’ property or entity.
Contest Winner Determination: Each Contest entry will be judged by a qualified judge or panel of judges, whose decisions are final, based on the following criteria: Appropriateness to Theme, Innovation and Creativity, Inspiration, Originality and Public Appeal. The ten (10) finalists will be selected by the judges based on Appropriateness to Theme (30%), Innovation and Creativity (25%), Inspiration (25%), Originality (20%). The top ten (10) finalists’ video will be displayed at www.blueberrymuffintops.com beginning on February 22, 2010 and on-line voting will be conducted. All finalists are subject to verification, including without limitation, verification of eligibility, compliance with these Official Rules and completion of release forms. The Grand Prize, Second Prize and Third Prize winners will be determined by an online vote of the public and their selection of the best video. The voting period will end on March 7, 2010. The Grand Prize, Second Prize and Third Prize winners will be selected based on the voting results. Should there be a tie in the voting for the Grand Prize, Second Prize and/or Third Prize, the aforementioned criteria (Appropriateness to Theme-30%, Innovation and Creativity-25%, Inspiration-25%, Originality-20%) will be utilized by the judge (or panel of judges) to determine the prize winners. Certain entries may be featured on the Internet the during the Contest Period, in Sponsor’s sole discretion; being selected and displayed is unrelated to the Judging Criteria and does not guarantee selection as a Finalist in the Contest.
There is a limit of one (1) vote per day per person (per e-mail address and/or street address). Each voter must be 18 years of age or older as of February 22, 2010. Each voter will need to provide their first name, last name, street address, city, state, Zip code, date of birth, phone number, and email address. All votes must be submitted and received between February 22, 2010 (starting at 12:00 AM ET) and March 7, 2010 (ending at 11:59:59 PM ET). Sponsor reserves the right to disqualify any person or email address that submits more than maximum allowed number of votes.
Video Rights and Requirements: By submitting an entry, entrant warrants that the video (1) does not infringe any copyright, (2) does not invade anyone’s privacy, (3) does not libel or slander anyone, 4) does not contain profanities, vulgar language, lewd behavior, or are otherwise obscene behavior that is inappropriate for a general audience, and (5) is original and has not previously been published. An original is the product of one's own mind and is not a copy or imitation. By submitting a video, Contestant irrevocably assigns, conveys and otherwise transfers to Sponsor, its successors, and assigns any and all right, title, and interest in perpetuity throughout the world in and to the Contestant’s video, including, without limitation, any and all copyrights, trademarks, contract and licensing rights, moral rights or “droit moral,” and other intellectual property and proprietary rights in the video, and the exclusive right to edit, change, revise, reproduce, display, perform, publish, distribute, license, sublicense, and sell the video in whole or in part, and to prepare, use, and exploit derivative works or improvements thereof, in all forms and media now or hereafter known, including material in digital and electronic media, computer, audio and audiovisual versions, and translations and adaptations, all in any language throughout the world and in Sponsor’s sole discretion in perpetuity. Without limiting the foregoing, entrant hereby waives and releases Sponsor, from any and all claims that entrant may now or hereafter have in any jurisdiction based on such “moral rights” or “droit moral” or unfair competition with respect to Sponsor’s exploitation of the video without further compensation to Contestant of any kind. Entrant agrees that email shall satisfy any writing requirement that may apply to the assignment, conveyance, transfer, license, or waiver of any of the aforementioned rights. Entrant shall execute and deliver such documents, at Sponsor’s expense, as requested by Sponsor or as may be necessary to vest in Sponsor the rights and waivers provided herein. Entrant agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Sponsor or its affiliates, or any other person, on the grounds that any use of the video, or any derivative works, infringe or violate any of entrant’s rights therein. Entrant grants the Sponsor and its agents the right to associate the video with entrant’s name, image, likeness, hometown, and biographical information, without limitation and without compensation. Entrants shall not receive any compensation or credit for Sponsor’s use of entries, other than that disclosed in these Official Rules.
Limitations of Liability: If for any reason, this Contest is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Contest, the Sponsor reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process (if applicable), and to cancel, terminate, modify or suspend the Contest in whole or in part, at any time, without notice and award the prize using all non-suspect eligible entries received as of the termination/suspension date. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Sponsor also is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure or delay of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof.
Sponsor is not responsible for any damage to an entrant’s system which is occasioned by participating in this Contest or by downloading any information necessary to participate in the Contest. Sponsor also is not responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing of the entries in the Contest. Any dispute or claim arising out of the play of this Contest, or any disputes with site users which arise as a result of the use of this website, shall be governed by the laws of the State of Minnesota, without respect to conflicts of laws principles. Any such claim shall be brought and maintained in the federal or state courts of the State of Minnesota. If any provisions of the Official Rules are determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other provision. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute regarding the identity of an individual who actually submitted an online entry, the entry will be deemed submitted by the authorized account holder of the email account. "Authorized account holder" is defined as the natural person who is assigned to an email account by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
PRIZES: There will be one (1) Grand Prize, one (1) Second Prize, one (1) Third Prize, and twelve (12) Fourth Prize winners. The Grand Prize winner will receive the following prize package: a $1500 Visa gift card, Microsoft Xbox 360 Elite 120 GB Hard Drive Black and DJ Hero w/ Turn Table (Rated T for Teen), and twelve (12) week supply of Blueberry Muffin Tops; the Approximate Retail Value (“ARV”) of the prize package is $1,968. The Second Prize winner will receive the following prize package: a $500 Visa gift card, Microsoft Xbox 360 Elite 120 GB Hard Drive Black and Beatles Rock Band Limited edition Premium Bundle (Rated T for Teen), and twelve (12) week supply of Blueberry Muffin Tops; the ARV of the prize package is $1,098. The Third Prize winner will receive the following prize package: Microsoft Xbox 360 Arcade White and Rock Band 2 Complete Kit (Rated T for Teen) and twelve (12) week supply of Blueberry Muffin Tops; the ARV of the prize package is $348. Each Fourth Prize winner will receive a box of Blueberry Muffin Tops; the ARV is $4. A “one week supply of Blueberry Muffin Tops” is considered to be one (1) box of cereal for prize purposes. Prizes may be awarded as coupons or certificates, at the Sponsor’s sole discretion. The total value of the prize pool is $3,462.
By accepting any of the aforementioned prizes, prize winners agree to release the Sponsor and Released Entities from any and all liability whatsoever for any injuries, losses, or damages of any kind caused by entering the Contest or for damages of any kind caused by any prize or resulting from acceptance, possession, or use or misuse or failure to use any prize awarded, or while preparing for, participating in, and/or traveling to and from any prize-related activity. Sponsor has not made any warranty, representation or guarantee, expressed or implied, in fact or in law, with respect to any prize and specifically disclaims all such warranties, including, without limitation, any warranty of merchantability or fitness for a particular purpose. The prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND. All local, state and federal taxes are the sole responsibility of winners. Prizes are not exchangeable, transferable (exception: Grand Prize is transferable to a surviving spouse residing in the same household), or redeemable for cash. There are no substitutions unless specified by the Sponsor. The Sponsor reserves the right at its sole discretion to substitute any prize package with another prize of equal or greater value. All decisions by Sponsor as to prize winners and prizes are final.
Drawing and Winner Notification: The Grand Prize, Second Prize and Third Prize Contest winners will be selected based on the aforementioned judging and voting criteria, from among all eligible entries received. The aforementioned winners will be contacted on or about March 14, 2010. The Fourth Prize Sweepstakes winners will be selected from among all eligible entries received during the Contest Entry Period, in a series of random drawings to be conducted by American Sweepstakes and Promotion Company (“the Administrator”), an independent judging organization, whose decisions are final in all matters relating to this Sweepstakes. The weekly Sweepstakes drawings for the Fourth Prize winners will be completed on the following dates: December 8, December 15, December 22, December 29, January 5 (2010), January 12, January 19, January 26, February 2, February 9, February 16, and February 23. Odds of winning will depend on the total number of eligible entries received. All Prize winners will be contacted by telephone and/or USPS mail, or other home delivery service of Sponsor’s choice.
Prize Conditions: All Prize winners are solely responsible for all applicable federal, state, and local taxes associated with the receipt of any prize. The Grand Prize, Second Prize and Third Prize winners will be required to sign an Affidavit of Eligibility and Liability/Publicity Release, and return it within 14 days of written notification. If the a Prize winner is a resident of a jurisdiction that deems him/her to be a minor, the Prize will be awarded in the name of his/her parent or legal guardian and the parent or legal guardian will need to sign the Affidavit of Eligibility and Liability/Publicity Release. If a prize or prize notification is returned as unclaimed or undeliverable to a potential winner, if potential winner cannot be reached within three (3) calendar days from the first notification attempt, or if potential winner fails to return requisite document within the specified time period, or if a potential winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, an alternate winner may be selected for the prize at issue. The winner’s entry into the Contest constitutes permission (except where prohibited) for the Sponsor to use said winner’s name, photograph, likeness, statements, biographical information, voice and address (city and state), in all forms of media, in perpetuity, without notice or further compensation. Sponsor reserves the right, to require a potential Prize winner to submit to a confidential background check to confirm eligibility and help ensure that the use of any such person in advertising or publicity for the Contest will not bring Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Contest, and may disqualify a potential prize winner, as determined by Sponsor in its sole discretion.
Terms & Conditions: As a condition of entering, entrants (or their parent or legal guardian if an eligible minor) agree (and agree to confirm in writing): (a) to release Sponsor, its affiliates, subsidiaries, retailers, sales representatives, and distributors and each of their officers, directors, employees and agents ("Released Parties"), from any and all liability, loss or damage incurred with respect to the awarding, receipt, possession, and/or use or misuse of any prize, (b) under no circumstances will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. Entrants further acknowledge that the Sponsor and Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee express or implied, in fact or in law, relative to the prize, including, but not limited to, its quality or fitness for a particular purpose. Any person attempting to defraud or in any way tamper with the Contest mechanics and/or implementation may be prosecuted, in the Sponsor’s sole discretion, to the fullest extent of the law. By participating, entrants agree to waive any right to claim ambiguity in the Contest or these Official Rules. Sponsor reserves the right to disqualify any entrant that Sponsor determines, in its sole discretion, violates these Official Rules. By entering, entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of State of Minnesota, without giving effect to any choice of law or conflict of law rules. By entering, entrants consent to the jurisdiction and venue of the federal, state and local courts located in Minnesota.
Winners List: To request a copy of the winners list, please send a self-addressed, stamped business size envelope, by May 14, 2010, to: ASC/“Blueberry Muffin Tops” Video Contest Winner List, 300 State Street, Suite 402, Rochester, NY 14614.
Sponsor: Malt-O-Meal Company, 80 South 8th Street, Suite 2700, Minneapolis, MN 55402