NO PURCHASE NECESSARY TO ENTER OR WIN IN THE SOUTH BEACH WINE & FOOD FESTIVAL TWITTER CONTEST (“CONTEST”). Entry into this Contest constitutes your acceptance of these Official Rules.
CONTEST ENTRY DATES: Contest begins February 25, 2011 at 10 a.m. Eastern Standard Time (“EST”) and ends February 27, 2011 at 11:59 p.m. EST (“Contest Entry Period”).
WHO MAY ENTER: Open only to legal residents of the fifty (50) United States and the District of Columbia (excluding residents of Puerto Rico, U.S. Virgin Islands and Guam) who are at least eighteen (18) at the time of entry. Void where prohibited by law. Contest subject to all applicable federal, state and local laws and regulations. Employees of Fiji Water Company LLC (“Sponsor”), Florida International University Board of Trustees (“FIU”) and their respective parents, affiliates, subsidiaries and advertising and promotion agencies, and their employees’ immediate family members (parent, spouse, sibling, child, and their respective spouses, regardless of where they reside) and those living in their same households, whether or not related, are not eligible to enter or win. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right to verify eligibility qualifications of the winners. Contest is subject to all applicable federal, state, provincial and local laws.
HOW TO ENTER: To enter, you must: (1) take a picture of yourself at the FIJI Water booth at the Food Network South Beach Wine & Food Festival in Florida (the “Event”) during the Contest Entry Period and (2) use Twitter to “twit pic” your picture to FIJI Water (@fijiwater) along with the hashtag “#fijisobe” (your “Contest Picture”). During the Contest Entry Period, you will automatically receive one (1) Contest entry (“Entry”) for your Contest Picture. Limit one (1) Entry per person during the entire Contest Entry Period. Any Entry that does not include all required information and adhere to the foregoing and following requirements will be considered void and will not be considered in the judging of this Contest.
CONDITIONS OF ENTRY:
Each Entry must meet the following requirements to be eligible:
- An Entry must contain a Contest Picture that is taken at the Event;
- Each Contest Picture must have the FIJI Water booth visible in the picture; and
- Each Contest Picture must at least include a picture of you, the Contest entrant (friends and family are optional) at the FIJI Water booth.
All Entries must be received by 11:59 p.m. EST on February 27, 2011 to be eligible for the prize judging. All Entries will be tracked by Sponsor with a hashtag search and Twitter alerts, which Sponsor will use, at its sole discretion, to determine which Entries are eligible. Sponsor reserves the right to disqualify any Entry for any reason, in its sole and absolute discretion.
Contestant warrants and represents: (a) he/she is the sole and exclusive creator and owner of the Entry, including all rights therein, and that the Entry has not won any previous awards or competitions; (b) contestant has the full and exclusive right, power and authority to submit the Entry and to grant Sponsor the rights to the Entry, including but not limited to the worldwide copyright; (c) no part of the Entry has been published, or; (d) no rights in the Entry have been previously granted to any person, firm, corporation or other entity. Sponsor reserves the right in their sole discretion to disqualify any Entry at any time in the event it is determined that the Entry is offensive, inappropriate, not in keeping with Sponsor’s images or if it is determined that the contestant has not otherwise complied with these Official Rules. If the Entry contains any material or elements that are not owned by the contestant and/or which are subject to the rights of third parties, the contestant is responsible for obtaining, prior to Entry of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any participant at any time.
Sponsor reserves the right to disqualify any Entry for any reason, in its sole and absolute discretion.
PRIZE JUDGING: At the end of the Contest Entry Period, all eligible Entries received will be judged by a select panel of FIJI Water employees who will serve as judges (“Judges”) to determine the winner of the Contest. The judging will be based on (i) the quality, originality and/or creativity of the Contest Picture and (ii) a clear shot of the FIJI Water booth at the Event in the Contest Picture, as determined at the judges’ discretion and criteria (“Judging Criteria”). In the event of a tie, an additional “tie-breaking” judge will determine the winner from among such tied Entries based on the Judging Criteria. All prize awards are subject to verification of eligibility and compliance with the terms of these Official Rules.
Judges’ and Sponsor’s decisions are final and binding.
WINNER NOTIFICATION: The winner will be announced within five (5) days after the Contest Entry Period. The potential winner will be notified by e-mail, phone and/or mail and may be required to execute and return an Affidavit of Eligibility and Liability/Publicity Release (“Affidavit/Release”) as well as any other documents which may be required by Sponsor, all of which must be received fully-executed within seven (7) days of date printed on notification or he/she may be disqualified. If after three (3) attempts to contact a potential winner, Sponsor has been unable to do so, he/she will be disqualified. In the event it is determined that a potential winner has not complied with these Official Rules, has failed to execute and return any required documents within the specified time period, has made false statements or prize notification is returned as undeliverable, then potential winner will be disqualified. Should a winner make any false statement(s) in any document required by Sponsor or prize supplier, such winner will be disqualified and required to promptly return to Sponsor the value of his/her prize. If a potential winner is disqualified for any reason, or if the winner refuses his/her prize, at Sponsor’s discretion, an alternate winner may be declared by Sponsor. Further, Sponsor reserves the right to forfeit or award any unclaimed or leftover prize(s) at its sole discretion.
PRIZE: The winner will receive home delivery of FIJI® bottled water for one (1) year (actual size and quantity delivered will be determined at Sponsor’s sole discretion). Approximate Retail Value = US$350.00. All prizes are awarded by Sponsor. All prize details are at Sponsor’s sole discretion. Prizes are awarded “as is” with no warranty or guarantee, either express or implied, by Sponsor. Federal, state and local taxes and other expenses not specified herein are winners’ sole responsibility. Prizes are non-negotiable and not redeemable for cash, credit or merchandise except as specified. No substitutions or cash redemption of the prizes is permitted except that Sponsor retains the right to substitute a prize of comparable or greater retail value. Additional restrictions may apply.
GENERAL CONDITIONS: Winning constitutes permission (except where prohibited by law) for Sponsor and its designees to use winner’s name, Entry, hometown, likeness, prize won, and photo and video (all at Sponsor’s discretion) for future advertising, publicity in any and all media now or hereafter devised throughout the world in perpetuity, without additional compensation, notification or permission. Sponsor, FIU, Twitter, Inc. and any other Contest parties and their respective officers, directors, agents, representatives and employees (collectively, “”Released Parties”) are not responsible for lost, late, misdirected, damaged, stolen, altered, garbled, incorrect, incomplete or delayed Entries or votes; all of which will be void. Released Parties are also not responsible for problems uploading or downloading any Contest-related information or materials from the web site or for any other technical malfunctions of electronic equipment, computer on-line systems, servers, or providers, computer hardware or software failures, phone lines, failure of any Entry or vote to be received by Sponsor on account of technical problems, traffic, congestion on the internet or the web site, or for any other technical problems including telecommunication, miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit a contestant’s ability to participate in this Contest. Released Parties are not responsible for any other errors or malfunctions of any kind, whether network, printing, typographical, human or otherwise relating to or in connection with the Contest, including, without limitation, errors or malfunctions which may occur in connection with the administration of the Contest, the processing or judging of Entries, the submitting or tabulating of votes, the announcement of the prizes or in any Contest-related materials. Mass Entries or votes or Entries or votes generated by a script, macro or use of automated devices may, at Sponsor’s sole discretion, be disqualified. Sponsor reserves the right to modify, suspend or terminate the Contest in the event it becomes infected by a computer virus or is otherwise technically impaired, and to cancel or suspend the Contest in its entirety should tampering, unauthorized intervention, fraud, technical failures or other causes corrupt the administration, security, fairness, integrity or proper play of the Contest and, if terminated, at Sponsor’s discretion, determine the winner using all non-suspect, eligible Entries received up to time of cancellation using the judging procedure outlined above. In the event of a dispute regarding Entries received from multiple users having the same e-mail account, the authorized subscriber of the e-mail account at the time of Entry will be deemed to be the contestant and must comply with these Official Rules. Authorized subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning e-mail addresses. Sponsor reserves the right at its sole discretion to disqualify any individual (and void his/her Entry and vote) it finds to be tampering with the Entry or voting process or the operation of this Contest or website, intending to annoy, abuse, threaten or harass any other contestant, Sponsor or any of its representatives or to otherwise be acting in violation of these Official Rules. CAUTION: Any attempt by a contestant to deliberately damage any web site or undermine the legitimate operations of the Contest is a violation of criminal and civil laws. Should such an attempt be made, the Sponsor reserves the right to seek damages and other such remedies from any such contestant to the fullest extent permitted by law and to disqualify such contestant from the Contest.
ASSIGNMENT OF RIGHTS: Contestant hereby acknowledges that Entry and all other materials of every kind whatsoever created by contestant relating to the Contest (collectively, the “Work”) are a “work made for hire” (as that term is used in the United States Copyright Act) for Sponsor, and Sponsor is the sole and exclusive owner, in perpetuity and throughout the universe, of all right, title and interest in and to the Work, including without limitation all copyrights in and to the Work (and all renewals and extensions thereof now or hereafter provided by law) and all the rights therein and thereto, and may exploit the Work (and all rights therein) in any manner throughout the world without restriction. Without limiting the binding effect of any of the foregoing provisions, in the event that any part of the Work is not deemed to be a “work made for hire” for Sponsor, then contestant hereby irrevocably and exclusively grants and assigns to Sponsor (or, if any applicable law prohibits or restricts such assignment, contestant hereby grants to Sponsor an irrevocable, perpetual, royalty-free, transferable license of) unlimited right, title and interest in and to such Work, including, without limitation, all rights of every kind and nature (whether now known or hereafter devised, including all copyrights therein and thereto and all renewals and extensions thereof), throughout the universe, in perpetuity, for all purposes, in any and all media, whether now known or hereafter devised.
By submitting an Entry, contestant acknowledges and agrees that Sponsor may obtain many submissions under this Contest and that such Entries may be similar or identical in theme, idea, format or other respects to others submitted under this Contest and/or other contests staged and/or sponsored by the Sponsor, and waive any and all claims contestant may have had, may have, and/or may have in the future, that any composition, film and/or other works accepted, reviewed and/or used by the Sponsor (or its designees) may be similar to his/her Entry. Contestant acknowledges and agrees that the Sponsor does not have now, nor shall any of them have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to contestant’s Entry.
MISCELLANEOUS CONDITIONS: By participating in the Contest, contestants (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and judges, which are final and binding in all matters relating to the Contest. Failure to comply with these Official Rules may result in disqualification from the Contest. Sponsor reserves the right to permanently disqualify any person it believes has intentionally violated these Official Rules and void all associated Entries and/or votes.
RELEASES: By entering the Contest, contestants agree to release and hold harmless Released Parties from all claims, liability or damage caused or claimed to be caused, in whole or in part, directly or indirectly, in connection with participation in this Contest, or acceptance or use of the prize, the substitution of a prize in accordance with these Official Rules, the administration of the Contest, the operation of the Contest Web Site or Released Parties’ use of any of the rights granted herein. Released Parties assume no responsibility for the conduct of any contestant or voter or the responses of anyone appearing in any Entry.
DISPUTES AND CHOICE OF LAW: Except where prohibited by law, as a condition of participating in this Contest, contestant agrees that any and all disputes 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. Under no circumstances will contestant be permitted to obtain awards for, and contestant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than contestant’s actual out-of-pocket expenses (i.e., costs associated with entering this Contest), and contestant further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of contestants and Sponsor in connection with this Contest, shall be governed by, and construed in accordance with, the substantive laws of the State of California, USA without regard to California choice of law rules.
WINNERS LIST: If you would like the names of the winners (available after March 10, 2011), please send a self-addressed stamped envelope by April 10, 2011 to: South Beach Wine & Food Twitter Contest Winner, c/o Fiji Water Company LLC, 11444 West Olympic Blvd., Suite 210, Los Angeles, CA 90064.
SPONSOR: Fiji Water Company LLC, 11444 West Olympic Blvd., Suite 210, Los Angeles, CA 90064.
FIU and Twitter, Inc. are not sponsors of the Contest and are not affiliated with the administration and operation of the Contest in any way.
