TUMMY TRUTHS VIDEO CONTEST
NO PURCHASE NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
Please read these Official Rules carefully. They contain important information about your rights and obligations, as well as limitations and exclusions that may apply to you if you enter the Culturelle Tummy Truths Video Contest (the “Contest”). By entering the Contest, you signify your agreement to these Official Rules. If you do not agree to the Official Rules, you may not enter the Contest.
Note that you must have a Facebook account to enter and/or to vote in the Contest. This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook. You understand that you are providing your information to i-Health, Inc. (the “Sponsor”) and not to Facebook. Any questions, comments or complaints regarding this Contest should be directed to the Sponsor, not Facebook.
1. ELIGIBILITY: To submit an entry, you must be a legal U.S. resident 18 years of age or older, be the parent/legal guardian of the child between the ages of three (3) and twelve (12) who appears in the video you are submitting to the Contest, and have a Facebook account (an “Entrant”). Employees, officers and directors of the Sponsor, DSM Nutritional Products, their subsidiaries, affiliates, advertising agencies, promotional suppliers and the immediate family members (spouses and parents, children and siblings and their spouses, regardless of where they live) or members of the same households (whether related or not) of such individuals (collectively, "Contest Entities") are not eligible. All applicable federal, state, and local rules apply. Void where prohibited or restricted by law.
2. CONTEST DESCRIPTION: The Contest provides Entrants an opportunity to create a video that shows their child between the ages of three (3) and twelve (12) answering one or more of the questions posted on the Culturelle Tummy Truths Contest pages at http://apps.facebook.com/tummytruths (a “Video”). The Video, which may not exceed 60 seconds in length, should be the Entrant’s original work, in audio-visual form, made by the Entrant of the Entrant’s child. An Entry shall consist of the Contest entry information form accurately completed by the Entrant, together with an original Video that complies with these Official Rules. Entries will be judged according to the process and criteria set forth in Section 8.
3. CONTEST TIMING:
• Entry Submission Period: The Entry Submission Period begins at 11:00 AM Eastern Time (“ET”) on July 16, 2012 and ends at 11:59 PM ET on August 19, 2012.
• Public Voting Round: Beginning at 12:01 AM ET on or about August 23, 2012 and through 11:59 PM ET on September 11, 2012, members of the general public who are 13 years of age and older and who have a Facebook account will have the opportunity to vote for the Video that in their opinion tickles their funny bone and touches their heart the most.
• Final Judging and Winner Verification Period: Between September 12 and September 22, 2012, the ten (10) Videos with the highest number of votes in the Public Voting Round and as many as ten (10) additional Videos selected by the contest judges will be judged by Sponsor-designated judges in accordance with the Judging Criteria set forth in Section 8, to determine one (1) Grand Prize winner and two (2) Runner-up winners.
• Winner Announcement: The winners will be announced during the week of September 24, 2012.
4. TO SUBMIT AN ENTRY: Make a video of your child between the ages of three (3) and twelve (12) that shows the child answering any of the Tummy Truths questions posted on the Video Tips & Guidelines page at http://apps.facebook.com/tummytruths. Then submit your Video via the Contest application at http://apps.facebook.com/tummytruths during the Entry Submission Period. Entries must be received by Sponsor's server by 11:59 PM ET on August 19, 2012. Note that only one child may appear in an Entry. If you wish to enter more than one child, create a separate entry for that child. There is no limit to the number of Entries you may submit, however each Entry must be different and must comply with these Official Rules. Refer to Section 5 for more details regarding the requirements for your Entry. For the avoidance of doubt, Entrant must own or have the right to convey any and all right, title and interest in and to the Entry. Submitting an Entry that is copyrighted by another individual will make you responsible for any legal action the legal copyright holder might take against you.
5. ADDITIONAL REQUIREMENTS FOR ENTRIES: Videos may not include any music, may not use any commercially copyrighted images or logos, and may not contain any personal identification information other than the first name of the child appearing in the Video. Videos must be submitted in English. Videos may not exceed 60 seconds in length, may not exceed 25MB in size, and must be in either WMV or MOV format. Audio and video must be clear and audible. If a Video is unable to be viewed by the Sponsor and its agents for any reason whatsoever, that Video shall be disqualified (and Contest Entities will not be responsible or liable for any such inability). Any elements that appear in the Video must be entirely original, created by the entrant, or be in the public domain. Use of any elements that are not original or in the public domain will result in disqualification of an Entry, in Sponsor’s sole discretion. Entries that do not include all required information and do not adhere to the foregoing and following requirements will be considered void and will not be posted in the Public Voting Round or considered in the judging of this Contest. Sponsor reserves the right in its sole discretion to disqualify any entry at any time which, in the Sponsor’s reasonable opinion [a] is deemed to be immoral, obscene, profane, defamatory or not in keeping with Sponsor's image; [b] describes dangerous conduct, stunts or tricks that could lead to physical injury or property damage; [c] endangers the safety or well being of any person; [d] contains any third party materials or otherwise violates or infringes (or may infringe) on any copyright, trademark, logo or other proprietary right of any company, or any person living or deceased; [e] defames or invades the privacy or publicity rights of any person, living or deceased; or [f] is in violation of these Official Rules.
6. ENTRANT’S REPRESENTATIONS: By submitting a Video, you represent and warrant that [a] you are the creator of the Video, [b] the Video is wholly original, [c] the Entry does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, and does not defame any person or identify any person by name (other than the first name of the child in the Video) or other identifying information, [d] the Video has not previously been entered in any other contest, [e] the Video has not been previously published in any medium, [f] the Video does not violate any law or regulation, [g] you own all rights to your Video (including, without limitation, any copyrights contained therein), [h] you agree to waive any claim for reimbursement for any equipment or materials necessary to submit an Video regardless of whether or not that Video is selected for any prize. Sponsor's determination as to whether any Video potentially violates the rights of any third party is final.
7. SPONSOR’S RIGHTS TO ENTRIES: Entries become the property of Sponsor and will not be acknowledged or returned. No correspondence about entries will be entered into. By submitting a Video, you grant the Sponsor and its affiliated companies the unconditional and perpetual right and permission to copyright, reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use the Video (with or without using your name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you or any other party. By submitting a Video, you forever waive any rights of copyrights, trademark rights, patent rights, privacy rights, and any other legal or moral rights in the Video that may preclude the Contest Entities’ use of the Video, or require your permission for the Contest Parties to use the Video. By submitting an Entry, you further agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against any Contest Entity, or any other person, on the grounds that any use of the Video, or any derivative works, infringe any of your rights, including, without limitation, copyrights, or moral rights. You further acknowledge that the Sponsor is in no way obligated to broadcast, publish or use your Video in any way. Nothing herein shall constitute an employment, joint venture, or partnership relationship between you and the Sponsor. In no way are you to be construed as the agent or to be acting as the agent of the Sponsor.
8. JUDGING: There will be three (3) rounds of judging in the Contest: the Entry Screening Round, the Public Voting Round, and the Final Judging Round. In the first round, all Entries will first be screened by representatives of the Sponsor to ensure they meet the entry criteria. All eligible Videos, as determined by the Sponsor and its representatives in their sole discretion, will be posted in a video gallery for consumer voting during the Public Voting Round.
In the Public Voting Round, members of the public who are thirteen (13) years of age or older and who have a Facebook account (the “Voters”) are invited to go to http://apps.facebook.com/tummytruths to vote on the Videos posted in the Video Gallery. Voters will be asked to select the Video that in their opinion tickles their funny bone and touches their heart the most. Limit one vote per person per day. Only votes submitted at http://apps.facebook.com/tummytruths in accordance with these Official Rules during the Public Voting Round will be considered. Votes generated by script, macro or other automated means will be void. Automated voting detection could be cause for disqualification. Any individual who, at the sole determination of the Sponsor, abuses the voting process in any way will be disqualified from participating in the Contest.
In the Final Judging Round, the ten (10) Videos with the highest number of votes in the Public Voting Round and as many as ten (10) additional Videos selected by the contest judges in their sole discretion will be judged by a panel of judges selected by the Sponsor to determine the Grand Prize winner and the two Runner-up winners. Videos will be judged on the following criteria: [a] Originality, [b] Relevance to the Contest theme, [c] Personality of Child as expressed through the Video. In the event of any ties, the Originality score will be used as a tiebreaker. The decisions of Sponsor and Judges are final and binding in all matters.
Notwithstanding any other provision of these Rules, if at any time during the Submission Period, the Public Voting Round or the Final Judging round or at any time thereafter, the Sponsor determines that not enough or no eligible entrants exist from which to determine the winners, then Sponsor may in its sole and exclusive discretion determine that not enough or no eligible contestants exist, and then may either suspend or terminate the Contest or modify it (or any parts thereof) in any equitable manner that Sponsor deems appropriate in its sole and exclusive discretion, including, without limitation, by not awarding any one or more of the prizes set forth in these rules.
9. PRIZES: One (1) Grand Prize: a trip for a family of four to Walt Disney World® Resort in Orlando, FL. The prize trip consists of round trip coach air travel for up to four people from a major commercial airport near winner's residence (as determined by Sponsor); one standard quad-occupancy hotel room for 5 days/4 nights at Disney's Caribbean Beach Resort at Walt Disney World Resort (or similar property); four (4) 3-day Magic Your Way® Base Tickets with Park Hopper® option; and airport/hotel transfers. All other expenses not specified herein are the winner's sole responsibility. Approximate Retail Value (“ARV”) of Grand Prize is $5,000. Actual value will be determined by winner's residence and seasonal rates. Travel and accommodations are subject to availability and certain restrictions. Air carriers, hotels and other transportation will be selected by Sponsor. Winner and guests must travel on the same itinerary and will be responsible for all necessary travel authorizations and for any travel insurance. If the winner elects to partake in any or all portions of his/her Prize with fewer than three (3) guests or no guest, the prize will be awarded to the winner and each participating guest and any remainder of the prize will be forfeited and shall not be subject to further or alternative compensation. If winner resides within 100 miles of Orlando, FL, ground transportation may, at Sponsor’s discretion, be provided in lieu of air transportation and no compensation or substitution will be provided for difference in prize value. Travel must be completed by September 30, 2013, or prize will be forfeited in its entirety. Guests of winner, or a parent/legal guardian if guest is under the age of 18, must complete and return a notarized liability/publicity release prior to issuance of travel documents. By accepting the Grand Prize, the winner and his/her guests represent that they understand that travel, whether by plane, automobile, or other conveyance, or by foot, and in the air, contains some inherent element of risk of accident, illness, injury, loss or death, which may be caused by negligence, forces of nature, or other agencies, known or unknown. Grand Prize winner and his/her guests represent that they recognize that such risks may be present at any time before, during and after the trip. In order to be considered the Grand Prize winner and partake of the enjoyment of this trip, Grand Prize winner and his/her guests must be willing to accept the risk, and to confirm their acceptance to such risk in writing at Sponsor's request.
Two (2) Runner-Up Prizes, each consisting of a $500 Visa Gift Card (subject to its terms and conditions) and a three-month supple of Culturelle Kids Probiotics. Total ARV of each Runner-Up Prize is $600.
Limit one prize per Entrant. Prizes are not transferable or redeemable for cash (except as noted above) and must be accepted as awarded. No other substitutions may be made, except by the Sponsor, who reserves the right to substitute a prize (or component thereof) with another prize (or component thereof) of comparable or greater value if the prize is not available for any reason as determined by the Sponsor in its sole discretion. Winners are solely responsible for all applicable federal, state, and local taxes and for any expenses, costs or fees associated with acceptance and/or use of prizes not specified herein as being included.
10. WINNER NOTIFICATION AND ADDITIONAL PRIZE DETAILS: Potential winners will be notified by email, phone, postal mail and/or express mail at Sponsor’s sole discretion. Inability to contact a potential winner or the return of any prize notification as undeliverable will result in the prize being forfeited and awarded to the next highest scoring entrant. Potential Grand Prize winner will be required to complete, sign, have notarized and return an affidavit of eligibility, a liability release and (where legal) a publicity release, which must be returned within time period specified in notification letter or an alternate winner may be selected. If a winner is 18 or older, as is required for entry, but not of the age of majority in state of residence, prize will either be awarded in the name of parent or legal guardian, or parent or legal guardian must ratify and sign any and all documents required of winner.
11. GENERAL CONDITIONS: In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either: [a] suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; [b] award prizes according to the Judging Criteria from among the eligible Entries received up to the time of the impairment; or [c] to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion. Any questionable activity that increases votes for a submission will result in disqualification or similar action. Sponsor reserves the right, in its sole discretion, to disqualify any participant who is suspected of tampering with the submission, voting or selection process. Any attempt by any person to undermine the legitimate operation of the Contest may be a violation of criminal and civil law, 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. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
12. RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Contest, entrants agree to release and hold harmless the Sponsor, its parent, subsidiary and related companies, other companies associated with the promotion and operation of the Contest, Facebook, Inc., and the respective officers, directors, employees, and agents of each (the "Released Parties") from and against any claim or cause of action arising out of participation in the Contest or receipt or use/misuse of any prize, including, but not limited to: [a] unauthorized human intervention in the Contest; [b] technical errors related to computers, servers, providers, or telephone or network lines; [c] printing errors or any errors made in the advertisement of the Contest; [d] lost, late, illegible, incomplete, misdirected, damaged, destroyed or mutilated Entries, or for errors, omissions, interruptions, deletions, defects, delays in operations or transmissions, theft, destruction, unauthorized access to or alterations of entry materials or failures in transmission of Entries; [e] errors in the administration of the Contest or the processing of Entries; [f] injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt of any prize; or [g] lost, late, postage-due, misdirected, or undeliverable mail. Entrant shall not receive any compensation or credit for use of an Entry other than that disclosed in these Official Rules. Entrants further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Released Parties be liable for attorney’s fees. Entrants waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. Without limiting the foregoing, the Contest, all prizes, and all materials provided on or through any Contest website are provided "as is" without warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
13. INDEMNITY: By submitting an Entry, you agree to indemnify and hold the Released Parties harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of the Released Parties due to or arising out of your Entry, or your conduct in creating a Entry or otherwise in connection with this Contest, including but not limited to: claims for trademark infringement; copyright infringement; violation of an individual’s right of publicity or right of privacy; or defamation.
14. PUBLICITY: By submitting an Entry, you grant to Sponsor and its affiliated companies the right, except where prohibited by law, to use your name, likeness, picture, address (city and state), voice, biographical information, and written or oral statements, for advertising and promotional purposes in promoting or publicizing Sponsor, its affiliated companies, and the products or services of each, in any and all media without limitation as to time or territory, without compensation unless required 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), biographical information, or Entry.
16. DISPUTES: Except where prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of Connecticut. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’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 the State of Connecticut, without giving effect to any choice of law or conflict of law rules (whether of the State of Connecticut or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Connecticut.
17. RULES/WINNER LIST: For a copy of these Official Rules or for a list of winners (please specify), mail a self-addressed, stamped envelope to be received by October 31, 2012, to: Culturelle Tummy Truths Video Contest Rules or Winner List, PMI Station, PO Box 750, Southbury, CT 06488-0750
Sponsor: i-Health, Inc., 55 Sebethe Drive, Cromwell, CT 06416. All rights reserved.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Any questions, comments or complaints regarding this promotion should be directed to the Sponsor, not Facebook.
Any third party trademarks mentioned herein are the property of their respective trademark owners. The use or mention of such third party trademarks in these Official Rules or in the Sweepstakes is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of the Sweepstakes.
*These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.
†Based on a 2010 survey among pediatricians recommending a probiotic brand.
Culturelle® is distributed by i-Health, Inc. © i-Health, Inc. 2013. All rights reserved.