NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.
POMPEIAN, INC., 4201 Pulaski Highway, Baltimore, MD 21224. The Pompeian Baking for Better Challenge (“Contest”) is in no way sponsored, endorsed or administered by, or associated with, Instagram. Any questions, comments or complaints regarding the Contest must be directed to Sponsor and not to Instagram. The Contest begins at 12:00 AM Eastern Standard Time ("EST") on November 4, 2013 and ends at 11:59:59 PM EST on December 6, 2013 ("Contest Period").
CONTEST ENTRANTS MUST BE LEGAL RESIDENTS OF ONE (1) OF THE FIFTY (50) UNITED STATES OR THE DISTRICT OF COLUMBIA AND AT LEAST 18 YEARS OLD AT TIME OF ENTRY TO BE ELIGIBLE. CONTEST VOID WHERE OTHERWISE PROHIBITED OR RESTRICTED BY LAW. You may enter this Contest only as a natural person. Employees of Sponsor, Hunter Public Relations, LLC (“Reviewing Organization”), Sponsor’s distributors, wholesalers and retailers, Instagram, LLC and each of their respective affiliates, agents, officers, employees, subsidiaries, vendors, advertising and promotion fulfillment and/or judging agencies (collectively, the “Related Entities”), and the family members and/or those living in the same household of each are not eligible to enter or win a prize in the Contest. For purposes of this paragraph, “family member” means a spouse, parent, sibling, child, son-in-law, daughter-in-law and all lineal descendants, including those by adoption. Contest subject to all applicable federal, state, and local laws and regulations.
HOW TO ENTER:
To enter the Contest, an entrant must (i) Have an active and non-private Instagram account or sign up for a free Instagram account at www.instagram.com; (ii) Follow @ Pompeian; and (iii) Create and post an original photograph taken by the entrant that features the Pompeian Grapeseed Oil Spray bottle and depicts the use of Pompeian’s Grapeseed Oil Spray in baked good(s) (the “Photo”), using the #Bake4Better hashtag and tagging @Pompeian (each, an “Entry;” collectively, the “Entries”). Residents of Maryland, New Jersey and North Dakota are not required to feature the Pompeian Grapeseed Oil Spray bottle in the Photo. All Entries must be received no later than the end of the Contest Period. By submitting an Entry, the entrant consents to receive from the Sponsor an Instagram comment to the Photo and, if applicable, an e-mail notifying such entrant that he/she is a potential prize winner. Entrants will be required to have a public Instagram account in order to accept an eligible Entry hashtag; entries posted by a private Instagram account will not be recognized. Limit one (1) Entry per individual and email address. Duplicate Entries or multiple Entries made by the same individual will be disqualified. A Photo may not (i) include images of children unless the entrant is the parent or legal guardian of the child/children featured in the Photo; (ii) include images of any other products or (iii) include trademarks or service marks not owned by the entrant. No previously published photographs, award-winning photographs and/or photographs already submitted to any contest, sweepstakes or promotion of any kind can be submitted and any Entry including such a photograph will be disqualified. Once submitted, an Entry cannot be revised, altered or withdrawn by the entrant. Without limiting anything set out above, Entries may not contain, as determined in Sponsor’s sole discretion, any content that:
- Is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; obscene or offensive;
- Promotes irresponsible or excessive consumption of alcohol; promotes illegal drugs, tobacco, firearms/weapons, or any particular political agenda or message;
- Promotes any activities that may appear to be unsafe, dangerous or unlawful;
- Defames, misrepresents or disparages other people or companies;
- Contains trademarks, service marks, trade names or copyrighted materials owned by others;
- Contains any personal identification, such as license plate numbers, personal names, email or street addresses;
- Communicates messages inconsistent with the positive images and/or goodwill associated with Sponsor; and/or
- Violates any law or infringes upon the rights of any other person or company.
If an entrant posts updates to, or receives updates from, Instagram via SMS from his/her wireless phone, the wireless-service provider may charge for each text message sent and received and entrants will be solely responsible for any and all applicable message and data charges. Please consult your internet, wireless and/or phone service providers for complete details with respect to message and data rates for sent and received messages. By submitting an Entry, the entrant acknowledges that Sponsor has the right, but not the obligation, to post the Entry on Sponsor’s website and/or social media platforms, in Sponsor’s sole discretion. The use of an Entry by Sponsor or any Related Entities does not have any effect on the judging process or winner selection.
Entries posted are the views/opinions of the individual entrant and do not reflect the views of Sponsor in any manner. By entering the Contest, each entrant grants Sponsor and the Related Entities a worldwide, irrevocable, exclusive, assignable, transferable, unqualified, unrestricted, royalty-free license and right to edit, modify, publish, use, reuse, distribute, display, copy and otherwise exploit the Entry or any part thereof (including, without limitation, the name and/or likeness of the entrant), and any materials based thereon or derived from, in any manner and in any media (whether now known or later developed), for any lawful purposes whatsoever (noncommercial or commercial), including, without limitation, for use in commercial packaging and point-of-sale materials, or for promotion, marketing or advertising of Sponsor, or any Related Entities, throughout the world in perpetuity, without further permission, notification, consideration, or payment to the entrant, except where prohibited by law. In addition, each entrant forever waives in favor of Sponsor all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that may preclude the use of the Entry (or any part thereof) as granted herein, or require entrant’s permission to use the Entry (or any part thereof) for the purposes stated herein. By submitting an Entry, the entrant warrants and represents that (i) the Entry is original and was created solely by the entrant; (ii) the Entry does not incorporate any material owned by any third party; and (iii) use of the Entry as described herein will not violate any law or infringe upon the rights of any third party. If, in the sole discretion of Sponsor, the Entry does violate any law or infringe upon the rights of any third party, is inaccurate, incomplete, inappropriate or irregular in any way, or otherwise does not comply with these Official Rules, the Sponsor may disqualify the Entry. Sponsor and the Related Entities are not responsible for lost, late, incomplete, stolen, misdirected Entries, Entries that are processed incorrectly, or those that are lost due to computer or electronic malfunction or other error or Entries not received for any reason. Use of robotic, automatic, or macro devices is not valid for entry and any Entry that is submitted with the use of a robotic, automated or macro device will be void.
JUDGING CRITERIA/SELECTION OF GRAND PRIZE WINNER:
After the close of the Contest Period, all eligible Entries received will be reviewed and judged by an independent panel of judges, including Chef Duff Goldman, under the supervision of the Reviewing Organization, applying the following criteria: (i) Originality/Creativity of photograph (0-4 points); (ii) Use of the Pompeian Grapeseed Oil Spray in the photograph (0-4 points) and (iii) Quality of photograph (0-2 points) (collectively, “Judging Criteria”). The highest scoring Entry will be deemed the Grand Prize Winner. In the event of a tie, the Entry with the highest score under number (ii) above will be deemed the Grand Prize Winner. If necessary to resolve a further tie, the Grand Prize Winner will be determined by the highest score under number (i) above.
ONE (1) GRAND PRIZE:
One (1) check in the amount of five thousand dollars ($5,000) will be made payable to the local food bank designated by Grand Prize Winner and one (1) Pompeian Gift Basket valued at approximately $100 will be awarded to the Grand Prize Winner. The approximate retail value of the Grand Prize: $5,100. The Grand Prize Winner will be solely responsible for any and all federal, state, and local taxes on the prize, as well as any and all expenses that may be associated with the acceptance and use of the prize. A 1099 form may be issued to the Grand Prize Winner, who may be required to provide his/her social security number for reporting purposes. No substitution, assignment, redemption for cash (unless stated herein), or transfer of any prize is permitted. If an advertised prize cannot be awarded due to circumstances beyond Sponsor’s reasonable control, a substitute prize of equal or greater value may be awarded in Sponsor’s sole discretion. The value of the prize set forth above represents Sponsor’s good faith determination of the approximate retail value thereof, and the actual fair market value, as ultimately determined by Sponsor, is final and binding and cannot be challenged or appealed. In the event the stated approximate retail value of a prize is more than the actual fair market value of that prize, the difference will not be awarded in cash or otherwise.
CLAIMING PRIZE/WINNER NOTIFICATION/ODDS OF WINNING:
The potential Grand Prize Winner will be notified on or about December 13, 2013, via an Instagram comment to the Photo submitted as part of the potential Grand Prize Winner’s Entry and the potential Grand Prize Winner will be required to provide Sponsor with his/her email address within seventy-two (72) hours of notification. In the event the potential Grand Prize Winner does not provide Sponsor with his/her email address, the potential Grand Prize Winner may be disqualified and the prize will be awarded to the next highest scoring Entry. If the potential Grand Prize Winner is required to complete and return an Affidavit of Eligibility/Prize Acceptance/Liability/Permission, Assignment and (where legally permissible) a Publicity Release Form (collectively, “Release”), the Release must be returned within five (5) business days from the attempted date of notification (as indicated by the date of the Affidavit). The Grand Prize Winner may also be required to agree to a confidential background and criminal check (to confirm eligibility and to help ensure that the use of the Grand Prize Winner in advertising and publicity for the Contest will not bring Sponsor and the Related Entities, the judges, or anyone involved in the Contest into public disrepute, scandal or ridicule or reflect unfavorably on Sponsor, the judges or any Related Entities). Non-compliance with any of these Official Rules and/or unsuitability for being a Grand Prize Winner based on the results of a background and criminal check (as determined by Sponsor in its sole discretion) may result in disqualification. The Grand Prize Winner may also be disqualified if (i) a signed and notarized Grand Prize Affidavit of Eligibility/Prize Acceptance/Liability/Permission is not received by Sponsor in a timely manner; (ii) the Grand Prize Winner is found to be ineligible; or (iii) the Grand Prize Winner declines his/her prize. If the Grand Prize winner is disqualified for any reason, the prize will be awarded to the next highest scoring Entry. Sponsor is not responsible for fraudulent calls or emails made to entrants not by Sponsor, or for failure to reach an entrant as a result of any change of an entrant’s email, telephone or mailing address. Odds of winning depend upon the number of eligible Entries received.
If for any reason the Contest is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor, which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right in its sole discretion, to cancel, terminate, modify or suspend the Contest. Sponsor also reserves the right to disqualify any individual who tampers with the Entry process. If the Contest is terminated early, Sponsor reserves the right to select the Grand Prize Winner based on the Judging Criteria from among all eligible Entries received at the time of termination. 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. Sponsor is not responsible for any problems or technical malfunctions of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or Entry to be received by the Sponsor due to technical problems, human error or traffic congestion on the Internet, or any combination thereof, 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. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE 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 as to the identity or eligibility of any Entry based on an email address, the Entry will be declared made by the Authorized Account Holder of the email address submitted at time of Entry. “Authorized Account Holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
By participating in the Contest, each entrant hereby agrees, on his/her behalf, and on behalf of his/her respective heirs, executors, administrators, legal representatives, successors and assigns (collectively, the "Releasing Parties"): (i) to be bound by and abide by these Official Rules and by all decisions of Sponsor, Reviewing Organization and the judges, whose decisions are final, binding and not open to appeal; (ii) to release, indemnify, defend, and hold harmless Sponsor, the Related Entities, the judges, and any advertising and promotional agencies or entities involved in the administration or advertising of this Contest as well as the respective employees, officers, directors, members, shareholders, partners and agents of each ("Released Parties") from any and all actions, causes of actions, suits, or liability for loss, harm, damage, injury, lost profits, indirect or direct damages, consequential damages, incidental damages, punitive or exemplary damages, judgments, costs or expense whatsoever (including without limitation, property damage, personal injury and/or death) which may occur in connection with (a) participation in the Contest, (b) the entrant’s conduct in creating his/her Entry, (c) a violation of these Official Rules, (d) the possession, acceptance, use or misuse of the prize or (e) the Released Parties’ use of any rights granted herein, and for any claims based on publicity rights, defamation or invasion of privacy or alleged breach of entrant’s representations and warranties herein; and (iii) THAT NONE OF THE RELEASED PARTIES HAS MADE, OR IS RESPONSIBLE OR LIABLE FOR, ANY WARRANTY, EXPRESSED OR IMPLIED, RELATIVE TO ANY PRIZE, INCLUDING, BUT NOT LIMITED TO, ITS QUALITY OR FITNESS OR MERCHANTABILITY, AND ALL PRIZES ARE TENDERED ON AN “AS IS” BASIS. The Released Parties shall not be liable for, and each entrant hereby waives, discharges and releases such Released Parties from any liability associated with: (1) late, lost, delayed, stolen, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible Entries, (2) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (3) data corruption, theft, destruction, unauthorized access to or alteration of an Entry or other materials; (4) any injuries, losses or damages of any kind caused by the participation in the Contest, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES; (5) any printing, typographical, administrative or technological errors in any materials associated with the Contest; or (6) any unauthorized use of Entries by third parties. The Sponsor disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Contest. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Contest should a virus, bug, computer problem, unauthorized intervention or other causes which corrupt or impair the administration, security, fairness or proper play of the Contest. The Sponsor may disqualify any entrant if, in its sole discretion, it determines he/she is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any other unfair playing practices intending to annoy, abuse, threaten or harass any other entrants or the Sponsor, the judges or their respective representatives. If Sponsor at any time receives a complaint (including but not limited to a cease and desist letter, general letter of complaint etc.) alleging intellectual property infringement by an Entry, Sponsor reserves the right to disqualify such Entry. The Sponsor shall not be responsible if the Contest or prize fulfillment cannot be implemented or does not take place for any reason outside of Sponsor’s control, including, without limitation, delays or interruptions due to acts of God, acts of war, strikes, governmental action, natural disasters, weather or acts of terrorism. By participating, entrants acknowledge that Sponsor does not waive any rights to use ideas that are similar to the contents of an Entry without restriction or further obligation to entrants.
DISPUTES / CHOICE OF LAW:
Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and 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 exclusively by state or federal courts situated in the Borough of Manhattan, City and State of New York; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and in no event shall include attorneys’ fees associated with participation in the Contest; (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, “Special Damages”); and (4) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. New York law governs these Official Rules, the Contest and all aspects related thereto or arising there from.
WINNERS LIST/OFFICIAL RULES:
To obtain the name of the Grand Prize Winner, (available after December 27, 2013), or a copy of the Official Rules, send a self-addressed, stamped #10 envelope to be received by January 31, 2014 to: Pompeian Baking For Better Challenge c/o Centra 360, 1400 Old Country Road, Suite 420, Westbury, NY 11590. VT residents may omit return postage. Please specify “Official Rules” or “Winners List” on the outer envelope.
© 2013 Pompeian, Inc. All Rights Reserved.