ELIGIBILITY: Only legal residents of the fifty (50) United States (and the District of Columbia) who are [fifteen (15)] years of age or older and located in the United States at the time of entry are eligible to enter. Sponsor, Cadbury Adams USA LLC ("Cadbury"), and their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies and each of their respective officers, directors and employees (and immediate family members and those persons living in the same household of any such officers, directors and employees) (collectively, the "Promotion Entities"), are ineligible to enter the Contest or win a prize.
HOW TO ENTER: To enter online, visit the web site http://www.craveonline.com/microsite/sourpatchkids (the "Website"), upload your video and complete the entry form. Each video must be in .avi, .wmv, .asf, .mov, .flv or .mpg format, must be no longer than two (2) minutes in length, and must otherwise comply with these Official Rules. Although all videos that are received and are eligible, in accordance with these Official Rules, will be entered in the Contest, Sponsor reserves the right not to publish your video on the Website for any reason as it shall determine in its sole discretion. All entries must be actually received by no later than the end of the Promotion Period in order to participate. The Website's database clock will be the official time keeper for this Contest. Limit one (1) entry per person and/or per e-mail address. All requested information on the entry form must be completed to enter and to be eligible to win. Proof of entering information at the Website is not considered proof of delivery to or receipt by Sponsor of such entry. Any communication, data or other information transmitted by an entrant in connection with the Contest, whether by electronic mail, data survey/query or otherwise, is and will be treated as non-confidential and non-proprietary. Entries become the exclusive property of the Sponsor and will not be returned.
By submitting an entry, each entrant grants and hereby irrevocably assigns (and represents and warrants that it has the right to grant and irrevocably assign) to Sponsor and Cadbury and their respective licensees, successors, and assigns, all right, title, and interest in and to the entry, data, or other information collected, which shall include, without limitation, the exclusive right to reproduce, publish, exhibit, perform, display, edit, modify, adapt, use, assign, transfer, create derivative works of, distribute, sell, or otherwise exploit the entry, data, or other information collected, or any part thereof, together with any other material, in any and all media whether now or hereafter known (including, without limitation, online media), for any lawful purpose, including, without limitation, all commercial purposes, in perpetuity, throughout the universe, at no charge to Sponsor and without compensation to the entrant. Submissions are also subject to the Crave Terms & Conditions.
NOTE: Entry must be made by the entrant only at the Website. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including but not limited to commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Contest. The use of any device to automate the entry process is prohibited.
VIDEO CONTENT: By entering this Contest, you represent, warrant, and agree that: (i) your video is 100% original and was created solely by you; (ii) your video does not incorporate any material that is owned by anyone other than you (including, without limitation, any music, photography, film clips or other footage, artwork, trademarks or logos owned by anyone other than you) or, if your video does incorporate any material that is owned by someone other than you, that you have obtained all necessary written licenses, rights, consents, and permissions to incorporate such material in your video; (iii) you have obtained the written consent of any person whose name, photograph, likeness, voice, or biographical information appears in the video to use their likeness in any and all media for any lawful purpose, including, without limitation, for purposes of advertising; (iv) your video will not violate any applicable laws or regulations and will not violate the rights of any third parties, including, without limitation, any copyright, trademark, publicity right, privacy right, or any other right; (v) your video does not feature any individual under the age of [15]; and (vi) your video has not been previously published, or previously entered into another contest or won any other award.
In addition, your video must not contain any content: (i) that depicts or promotes violence, weapons, dangerous activities, physical harm, illegal activity, or use of drugs or alcohol; (ii) that is abusive, threatening, racist, sexist, homophobic, vulgar, obscene, pornographic, offensive, indecent, hateful, defamatory, or otherwise objectionable; (iii) that contains false or disparaging information about Cadbury or its products; or (iv) that is otherwise deemed inappropriate by Sponsor.
Sponsor reserves the right to disqualify any video or entrant, or remove from the Website any video, that does not comply with these Official Rules.
SELECTION OF WINNERS: The winners will be selected by a panel of judges selected by Sponsor ("Judges") based on the following criteria:
The decisions of the Judges will be final and binding. In the event of a tie, the tied entrants will be re-judged by an additional judge who will serve as the tie-breaker using the same criteria as outlined herein. The potential winners will be notified on or about [ 10/1/08], 2008 by telephone and/or mail and/or email using the contact information given at the time of entry. Sponsor shall have no liability for any winner notification that is not received by the potential winner for any reason. The prizes will be mailed to the winners on or about [10/15/8], 2008.
PRIZE/ODDS: Five (5) First Prizes are available. Each First Prize winner will receive a First Prize consisting of one thousand dollars ($1,000). Prizes are non-assignable and non-transferable. Odds of winning depend on the number of eligible entries received during the Promotion Period and the quality of your submission, as determined by the Judges in their sole and absolute discretion.
GENERAL PRIZE CONDITIONS: The winners shall be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize awarded. Each winner may be required to execute an Affidavit of Eligibility, a Liability Release, and (where legal) a Publicity Release (collectively, "Prize Claim Documents"). If a winner is not of legal age of majority in his or her state of residence (a "minor"), at Sponsor's option, the applicable prize either will be awarded in the name of parent or legal guardian of winner, or parent or legal guardian of winner will be required to ratify and sign Prize Claim Documents. If a winner (or, in the case of a minor, such minor winner's parent or legal guardian) fails or refuses to sign and return all Prize Claim Documents within five (5) days of prize notification, the winner may be disqualified and an alternate winner may be selected. Valid taxpayer ID or Social Security number may be required from a winner and a 1099 form may be issued to a winner who receives a prize.
GENERAL RELEASE: Submission of a video or acceptance of a prize constitutes each entrant's permission for Promotion Entities to use their name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. Each entrant agrees that the Promotion Entities (A) shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Contest or in any Contest related activity, or from Entrants' acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize's quality or fitness for a particular purpose. In the event of a dispute as to the identity of an entrant which cannot be resolved to Sponsor's satisfaction, the entry will be deemed ineligible. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted.
By entering the Contest, each entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or connected with the Contest or any prizes awarded, shall be resolved individually, without resort to any form of class action; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the sweepstakes or contest, but in no event will attorneys' fees be awarded or recoverable; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out-of-pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased.
MISCELLANEOUS: Sponsor is not responsible for lost, late, stolen, misdirected, mutilated or illegible videos nor for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of video materials or for technical, network, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive videos by Sponsor on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof. 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. If for any reason, including infection by computer viruses, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes, the administration, security, fairness, integrity or proper conduct of the Contest is corrupted or affected, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest. In addition, if for any reason, in its sole discretion, Sponsor determines that the Contest should not or cannot be run as planned, Sponsor may cancel, terminate, modify or suspend the Contest.
The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, that determination shall not affect the remainder of these Official Rules, which shall be construed in accordance with their terms as if they did not contain the invalid or illegal provision.
All decisions of the Sponsor related to the Contest are final and binding.
GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS, SPONSOR, AND PROMOTION ENTITIES IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE'S LAWS.
WINNERS' NAMES: For names of winners, send a self addressed stamped envelope, which must be received by [10/31/08] to: [CRAVEONLINE, 5140 W. Goldleaf Circle, 1st Floor, Los Angeles, CA 90056, Attn: Sour Patch Kids Sweepstakes,I]