TASTY BITE #TASTYBITEME MOBILE PHOTOGRAPHY CONTEST OFFICIAL RULES 


 

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. Eligibility:  The Tasty Bite #TastyBiteMe Mobile Photography Contest (the “Contest”), is open only to legal residents of the 50 United States, and the District of Columbia, who are at least thirteen (13) years old at the time of entry. Employees of Preferred Brands International, Inc., and any of their respective related companies, parents, subsidiaries, affiliates, and agents and any agencies or other companies involved in the development or execution of the Contest or production or distribution of Contest materials, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible.  The Contest is subject to all applicable federal, state, and local laws and regulations.  Void outside the U.S., in Puerto Rico, and wherever else prohibited by law.

2. Sponsor: Preferred Brands International, Inc., 3 Landmark Square 5th Floor Stamford, CT 06901. Administrator: Preferred Brands International, Inc., 3 Landmark Square 5th Floor Stamford, CT 06901.

3. Agreement to Official Rules: By participating in the Contest, entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor and/or Administrator, which are final and binding in all matters related to the Contest.  Whether an entrant receives a prize is contingent upon fulfilling all requirements set forth herein.

4. Contest Timing:  The Contest begins on Wednesday, August 14, 2015 at 10:00:00 AM Eastern Standard Time (“EST”) and ends Friday, October 30, 2015 at 6:00:00 PM EST (the “Promotion Period”). Participants may submit an entry into the Contest only during the Promotion Period.

This is a two part contest with timing as defined in the Contest Schedule below: 1) Promotion Period and 2) Judging Period, by Tasty Bite.

Contest Schedule

Promotion Period

Judging Period BY Tasty Bite

Begins at 10:00:00 AM EST on

Ends at 6:00:00 PM EST

Begins at 9:00:00 AM EST on

Ends at 05:00:00 PM EST on

8/14/15

10/30/15

11/2/15

11/9/15

 

THE SPONSOR’S COMPUTER IS THE OFFICIAL TIME-KEEPING DEVICE FOR THE CONTEST.

5. How to Enter the Contest: Twitter or Instagram Entry. 
1) During the Contest Promotion Period take a photo with your mobile device of a Tasty Bite “I am Tasty Bite Me” temporary tattoo that has been applied to your body (the “Photo”);
2) Log in to your Twitter or Instagram account;
3) Follow @TastyBite on Twitter or Instagram;
4) Upload and share the Photo of your temporary Tattoo to your public Twitter or Instagram account, including the hashtag ‘#TastyBiteMe’ and tagging @TastyBite in the photo caption (the “Twitter or Instagram Entry”).

Entrant’s Twitter or Instagram settings must be public throughout the Promotion Period. Entries uploaded from private Twitter or Instagram accounts will not be eligible. 

By submitting a Twitter or Instagram Entry, Entrants agree to Twitter or Instagram’s Terms of Use. Twitter and Instagram, LLC are not sponsors of this Contest.

Message & data rates may apply if a mobile device is used to enter this Contest. Any Twitter or Instagram post that includes the hashtag ‘#TastyBiteMe’ and/or a Photo as defined above and is posted prior to the start of or after the end of the Promotion Period will not be eligible to participate in the Contest.

IMPORTANT: MESSAGE AND DATA RATES MAY APPLY TO USE OF MOBILE PHONE/DEVICE TO PARTICIPATE IN CONTEST. TWITTER AND INSTAGRAM ARE FREE TO DOWNLOAD AND AVAILABLE FOR IPHONE FROM THE APPLE APPLICATION STORE AND FOR ANDROID FROM THE GOOGLE PLAY STORE.

LIMIT: One (1) Entry per person per household.
SUBMISSIONS: Submission of an Entry to the Contest does not indicate the Entry has complied with the Official Rules. The Sponsor and judges reserve the right in their sole and absolute discretion to reject, disqualify and/or remove any Entry (along with the Entrants’ who submitted them) that violates these Official Rules or is otherwise inappropriate without any notification or warning.
All Entries must comply with the following guidelines to be eligible:

  1. Photo must be original.
  2. No duplicate Photos may be submitted.
  3. Photo cannot be profane, pornographic, sexually explicit or suggestive or contain nudity.
  4. Photo cannot promote alcohol, illegal drugs or tobacco.
  5. Photo cannot contain materials embodying copyrighted images, names, likenesses, photographs or other indicia identifying any person, living or dead, without permission.
  6. Photo cannot defame, misrepresent or contain disparaging remarks about people or companies.
  7. Photo cannot be obscene or offensive, endorse any form of hate or hate group or be derogatory to any ethnic, racial, gender, religious, professional or age group.
  8. Photo cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate.
  9. Photo cannot depict illegal activity and cannot itself be in violation of any law.

By submitting an Entry, Entrant warrants and represents that: (a) Photo does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other legal or moral rights of any person or entity; (b) Entrant has obtained written permission from a third party whose Photo is being used in the Entry; (c) Entrant owns all rights to the Entry, including without limitation, copyrights, and has received prior written permission from a third party if Photo was taken by someone other than the Entrant him/herself; (d) publication of the Entry via various media, including posting on the Websites, will not infringe on any third-party rights; and (e) Entrant will indemnify and hold harmless the Sponsor and related entities, agents and assigns from any claims and damages (including reasonable attorneys’ fees) arising from or relating to the breach or alleged breach of your representations and warranties herein, the submission, or Entrants conduct in creating the Entry, the acceptance or use of any prize or otherwise in connection with this Contest.
By submitting an Entry, Entrant warrants and represents that he/she and any other persons appearing or who are otherwise identifiable in the Entry consents to the submission and the use of the Entry. By participating, Entrant grants Sponsor permission to use his/her name, Twitter or Instagram screenname, hometown, photograph or image, or Entry for future advertising and publicity purposes in any and all media without additional compensation, notification or permission.

Sponsor reserves the right in their sole and absolute discretion to alter, change or modify any Entry, which includes the Photo. Entries made in any manner inconsistent with these Official Rules will be declared invalid and disqualified from this Contest. Sponsor reserves the right to remove, reject or disqualify (along with the entrants who submitted them) any submissions which, in its opinion or the opinion of the independent qualified official judges (“Contest Judges”), violate any of these Official Rules or are otherwise inappropriate for inclusion in the Promotion.

6. Contest Judging: During the Judging Period the Entries will be judged based on the following criteria:
A. Photo represents a great experience at a Live Nation Event where the temporary tattoo was applied. – 50%
B. Photo represents a great experience with Tasty Bite

C. Creativity – 30%
C. Image provokes an emotional response – 20%

The Finalist Entry that receives the highest score will be named the potential Grand Prize winner.

7. Winner Notification: If each potential winner is a follower of Sponsor’s official Twitter or Instagram account ‘@TastyBite’ he/she will be notified via a direct message to their Twitter or Instagram account on or about Monday, November 9th. Potential winner must respond as instructed in the private message from Sponsor within seventy-two (72) hours of direct message notification or Prize will be forfeited.
The potential winners will be notified via the email address provided to Sponsor through direct message. The potential winners will be confirmed via email and/or phone, and will be required to sign and return, within five (5) days of notification, an Affidavit of Eligibility, a Liability Waiver, a W-9 Form and where allowable, a Publicity Release (collectively, “the Releases”).. The prize package will be awarded within approximately 15 days after the winner is verified.
All Prize winners will be notified via the email address provided to Sponsor through direct message. The potential Grand Prize winner will be confirmed via email and/or phone, and will be required to sign and return, within five (5) days of notification, an Affidavit of Eligibility, a Liability Waiver, and where allowable, a Publicity Release (collectively, “the Releases”). Noncompliance will result in disqualification and an alternate winner may be notified. The prize will be awarded within approximately 15 days after the winner is verified.

8. Winner Requirements:  Potential winners must comply with all terms and conditions of these Official Rules; and winning is contingent upon fulfilling all requirements.  In the event that a potential winner is disqualified for any reason, the winner with the next-highest score may be named a potential winner. Acceptance of any prize shall constitute and signify winner’s agreement and consent that Sponsor may use the winners’ names, cities, states, likenesses, submissions and/or prize information in connection with the Contest, worldwide, including the Internet, without limitation and without further payment or consideration, except where prohibited by law.

Without limiting the generality of these Official Rules, winners shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the submission and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Winner accepts and acknowledges that Sponsor shall not be obligated to use the submission and that Sponsor in its sole discretion shall have the right to refrain from using the submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Winner will indemnify Sponsor, Released Parties (as defined in Section 11, below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms.

9. Prizes:
Grand Prize: One Cycle Force Group Cycle Force 26 inch Mens Cruiser Bike, Red and 1 year supply of Tasty Bite (96 individual packages of Tasty Bite).

The Approximate Retail Value (“ARV”) of Grand Prize: $424.99

Prizes are non-transferable and no substitution will be made unless Sponsor, in its sole discretion, determines otherwise.  Sponsor reserves the right to substitute a prize or prize components for one of equal or greater value should it become unavailable for any reason. Any additional costs or expenses not specified herein, including but not limited to, options and upgrades are the winner’s sole responsibility.

Winners are responsible for all taxes and fees and phone service associated with prize receipt, and/or use. TOTAL ARV FOR ALL PRIZES: $424.99. The ARV of prizes is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. The difference of any such fluctuation will not be awarded to the winner.

In the event the Grand Prize winner or his/her guest engages in behavior that, as determined by the Sponsor and in its sole discretion, is obnoxious or threatening, illegal, or that is intended to annoy, abuse, threaten or harass any other person, the Sponsor reserves the right to terminate the trip prize in whole or in part, with no further compensation.

10. Release: By participating, entrant agrees to release and hold harmless Sponsor, Administrator, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, any claim or cause resulting from a catastrophic event, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.

11. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion.  Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.  Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the “Authorized Account Holder” of the e-mail address submitted at time of entry. Authorized Account Holder means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.  Sponsor may ask any entrant or potential winner to provide Sponsor with proof that such party is the authorized account holder of the email address associated with the entry.  Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void.
12. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any 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 or use or misuse of any prize.  Sponsor is not responsible for misdirected or undeliverable entries or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof.  Sponsor and Administrator are not responsible for any typographical/other error in entries, selection announcement or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with this Contest.  If for any reason an entrant’s Contest entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Contest, provided that, if it is not possible to award another entry due to discontinuance of the Contest, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the Contest prizes offered herein.  No more than the stated number of prizes will be awarded.  In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes as determined in Section 10 above.
13. Disputes: Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any Prizes awarded, other than those concerning the administration of the Sweepstakes or the determination of winners, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any Prizes awarded, shall be shall be resolved by submission to a final and binding arbitration to be held in Los Angeles County, California before a single arbitrator in accordance with California Code of Civil Procedure §§ 1280 et seq. For purposes of venue the parties agree that the arbitration shall take place in Los Angeles, California. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by the American Arbitration Association or JAMS/Endispute. The arbitration shall be a confidential proceeding, closed to the general public and will use and implement the Federal Rules of Evidence with respect to the entire arbitration process. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. The parties will share equally in payment of the arbitrator’s fees and arbitration expenses and any other costs unique to the arbitration hearing (recognizing that each side bears its own deposition, witness, expert and attorneys’ fees and other expenses to the same extent as if the matter were being heard in court); (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (iv) under no circumstances will Entrant be permitted to obtain awards for and Entrant hereby waives all rights to claim punitive, exemplary, treble, incidental and consequential damages and any other damages whatsoever including all rights to have damages multiplied or otherwise increased other than for actual out-of-pocket expenses. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor, Administrator and/or Sweepstakes Entities in connection with the Sweepstakes, shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction) which would cause the application of the laws of any jurisdiction other than the State of California and venue in any court of appropriate jurisdiction in Los Angeles County, California. Notwithstanding the foregoing, in the event that any individual alleged claim and/or damage is Ten Thousand Dollars ($10,000) or less then the allegedly aggrieved party’s sole remedy shall be via State of California Small Claims Court at the Pasadena Court House located in the Northeast District for the County of Los Angeles, CA. Furthermore, in the event that an Entrant acts could be deemed to infringe or diminish Sponsor’s intellectual property rights, including but limited to, copyright, trademark, confidential information, good will, business reputation then Sponsor retains any and all rights and remedies in both law and at equity including but not limited to injunctive relief and such actions will be filed in the appropriate state or federal courts. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision