SUNKIST VIDEO CONTEST - THE POWER ORANGE CHALLENGE
The Power Orange Challenge
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.
VOID WHERE PROHIBITED.
You must have Internet access, a YouTube account and an active e-mail address to participate in this Promotion. This promotion is in no way sponsored, endorsed or administered by or associated with FACEBOOK® or YouTube. You understand that you are providing your information to Sunkist Growers, Inc. and not to FACEBOOK. The information you provide will only be used for the purpose of contacting winners and awarding prizes, unless you have opted to receive communication from Sunkist Growers, Inc.
1) Description: Sunkist Growers, Inc. (the "Sponsor") is offering "The Power Orange Challenge Video Contest" (the "Promotion") and will determine winners and award prizes based on a the decisions of a Judging Panel. The Promotion begins January 30, 2013 at 12:01:01 AM Pacific Time ("PT") and ends April 7, 2013 at 11:59:59 PM PT, ("Promotion Period").
(2) Eligibility: The Promotion is open to legal residents of the fifty (50) United States and the District of Columbia (excluding Puerto Rico and all other U.S. territories) who are eighteen (18) years of age or older at time of Promotion registration. Employees, officers and directors of Sponsor, its advertising, promotional, fulfillment and marketing agencies (collectively the "Promotion Entities"), their immediate families (parent, child, sibling & spouse) and persons living in the same households as such individuals (whether related or not), are not eligible to participate in the Promotion. Void in Puerto Rico, all other U.S. territories and where prohibited or otherwise restricted by law, rule or regulation. All federal, state and local laws and regulations apply.
3) Creating your Entry: Create a brief creative video "starring the Sunkist Cara Cara" which communicates at least two (2) of the following Cara Cara characteristics ("your "Video Submission").
- (a) Cara Caras have a bright orange outside and a distinctive pink flesh on the inside. It is so delightfully unexpected, it instantly makes you smile.
- (b) Cara Caras are exceptionally sweet and juicy - is that a cranberry zing I taste? Never tasted an orange like this before! It's a must-share!
- (c) Cara Caras are seedless and easy to peel - Perfect for on-the-go snacking and great for the kids.
- (d) Cara Caras are a special hybrid of navel oranges. They are not related to the grapefruit.
- (e) And of course - Cara Caras pack 150% of the recommended daily value of Vitamin C.
Prepare your Video Submission clearly understanding it will be posted on a public websites (www.YouTube.com and www.Sunkist.com) and available for public viewing for the duration of the Promotion Period. Your Video Submission should comply with the following:
- You must feature at least one (1) fresh Sunkist Cara Cara Orange displaying the genuine Sunkist label and its PLU # 3110.
- Do not feature images of any person other than yourself and/or your immediate family and friends; i.e. individuals who you know have given you their permission to appear in the Video Submission. By including any such person in your Video Submission you warrant you have their express permission to appear and can provide written proof of such if requested by the Sponsor.
- If you chose to feature music you MUST ensure that you have NOT used any copyright protected music.
- Your Video Submission must be no shorter than sixty (60) seconds and no longer than one hundred twenty (120) seconds.
- Do not include images of any object, location or building with brand names or logos, other than the Sunkist brand name or logo. (If your Video Submission includes logos or branded images, Sponsor has the right to blur and/or edit to remove the infringing image(s).)
- Your Video Submission must (a) be totally original, cannot be previously published or appear anywhere else and CANNOT contain any third party copyrighted material (including but not limited to music artwork or locations) or otherwise infringe on the intellectual, property or other rights of a third party; (b) must be suitable for general audiences (i.e., may not be obscene or indecent, including but not limited to nudity, pornography, violent or profane depictions) and (c) must not depict or in any way violate any law or regulation.
- Your Video Submission must not depict the Sponsor negatively.
- You Video Submission must be produced and submitted in one of the following formats: Windows Media Video (.wmv), Audio Video Interleaved (.avi) or Quick Time (.qtv) and should not exceed 120 seconds in length and 1024 MB in file size.
In Sponsor's sole opinion, Video Submissions, which do not meet any of these requirements and/or which Sponsor deems negative, offensive or controversial in any way will be disqualified and removed from the Promotion video gallery at Sunkist.com.
4) How to Enter the Promotion: Use your YouTube account to upload/post your completed Video Submission. Visit www.facebook.com/Sunkist or www.Sunkist.com to access the Promotion. Follow the prompts to complete the registration form with your first/last name, street address, city, state, zip code, e-mail address and the YouTube URL where your Video Submission resides. Click to acknowledge your age and acceptance of the Official Rules to complete your entry. There is a limit of one (1) entry/Video Submission per person per e-mail address.
5) Judging and Winner Determination: Video Submissions will be reviewed by a panel of Sunkist Growers, Inc. product managers and marketers and will be judged and weighted, in the panel's sole discretion, according to the following points: (a) Entertainment Value - 30% (b) Integration of the Sunkist Cara Cara and communication of the Cara Cara key characteristics - 30% (c) Originality - 20% (d) Production Quality - 20%.
The judging panel will determine one (1) Grand Prize Winner, two (2) First Place Winners, ten (10) Second Place winners and fifty (50) Third Place Winners. The decisions of the judging panel in all matters relating to this Promotion are final. Judging will be completed on or about April 15, 2013 and winners will be notified by e-mail within two (2) business days of the completion of judging. In Sponsor's sole determination if an inadequate number of entries or entries of inadequate quality are received, it reserves the right NOT to determine any entries as winners or to determine any number of winners fewer than sixty-three (63).
6) Prizes: One (1) Grand Prize of $5,000 cash awarded by check; two (2) First Prizes of $1,000 each awarded by check; ten (10) Second Prizes of $120 cash each awarded by check and fifty (50) Third Prizes of a $5 Sunkist coupon for the purchase of any fresh Sunkist citrus produce and a citrus peeler, Approximate Retail Value ("ARV") $6. There are a total of sixty-three (63) prizes with a total ARV of all prizes of $8,500.
All federal, state, local, and other taxes on prizes are the sole responsibility of the applicable winner. There are no prize substitutions or options available. No prize recipient shall be permitted to replace his/her designated prize with another prize or item or redeem his/her prize or any portion of the prize for cash. Promotion Entities reserve the right, exercisable at any time in their sole discretion, to substitute a prize of equal or greater value. Any costs associated with prize acceptance and use not specified herein as being provided, is the winner's sole responsibility. Unclaimed prizes will not be awarded.
7) General: Winners will be contacted by the e-mail address associated with their entry ("Prize Notification") within two (2) business days of the finalization of judging. The potential $5,000 Grand Prize winner and the potential $1,000 First Place winners will be required to satisfactorily complete and return an Affidavit of Eligibility and a Liability/Publicity Release (unless prohibited by law), ("Affidavit"). The Affidavit must be returned within five (5) days of Prize Notification. In completing the Affidavit the potential winner will be required to provide his/her social security or tax ID number, which will be used solely for the purposes of Sponsor's legal compliance in filing US Tax Form IRS 1099-Misc. Potential winner will also be required to send a copy of his/her passport, driver's license, birth certificate or other appropriate documentation (acceptable to Sponsor) as proof of age and residency. When all other potential winners receive their Prize Notification, they will be asked to respond within five (5) days with confirmation of prize acceptance and an address for the purposes of prize fulfillment. Failure on the part of any potential winner to comply with any of these provisions will result in disqualification and forfeiture of the prize. Return of Prize Notification as undeliverable will result in disqualification and forfeiture of the prize. In the event of a disqualification, at Sponsor's sole discretion an alternate winner may be selected. Any unclaimed prizes will not be awarded.
All entrants agree to comply fully with each provision in these Official Rules. Any person attempting to defraud or in any way tamper with this Promotion and any person who does not comply with these Official Rules, will be ineligible for any prize(s) and may be prosecuted to the full extent of the law. If, during either the entry period, for reasons beyond the Sponsor's control (including, but not limited to, tampering or computer virus infection), the Promotion is not capable of running as originally planned, the Sponsor, at its sole discretion, reserves the right to cancel or modify the Promotion, without liability and to the extent feasible, will determine winners and award prizes among entries received prior to cancellation or modification. Sponsor is not responsible for Internet, computer hardware and software, phone, and other technical errors, malfunctions, and delays. Entries, which are incomplete, inaccurate, irregular, or otherwise not in compliance with these Official Rules, are void.
Without in any way limiting, expanding or amending the Terms of Service at http://sunkist.com/legal.aspx which shall remain in full force and effect, if Sponsor is duly notified that any element of an entrant's Video Submission infringes upon the rights of another person and/or receives a legally valid request to remove or invalidate the affected Video Submission because of such infringement, such Video Submission may be removed and disqualified from the Promotion, as Sponsor may determine in its sole discretion. Further, no entrant will be eligible to receive a prize unless Sponsor determines, in its sole and absolute discretion, that such entrant's Video Submission has been or can be sufficiently cleared for legal purposes and such entrant has complied with the terms of these Official Rules. By entering the Promotion all entrants (and any individual appearing in a Video Submission) (a) give the Promotion Entities full and complete usage rights to the Video Submission and (b) agree that all entries and entry materials become the property of Sponsor and will not be returned.
8) Right to Use Your Work and Information About You: By submitting an Entry, you: (a) represent and warrant that your Video Submission is your wholly original work, not previously published, and does not incorporate or include anything that is owned by any third party or would require the consent of any third party and your Video Submission does not violate any copyright, trademark, publicity right, privacy right or any other right of any third party; (b) represent and warrant that you received the permission of any individual(s) appearing in your Video Submission and such individual(s) agree with all terms and conditions as set forth is these Official Rules; (c) automatically grant to Sunkist Growers, Inc. an exclusive, world-wide, royalty free, irrevocable license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute and display your Video Submission; (d) agree that upon selection as a winner of any prize, you agree that your Video Submission shall legally be considered a "work made for hire," with all rights therein, including, without limitation, the exclusive copyright, transferred to and being the property of Sunkist Growers, Inc.; (e) agree that upon selection as a winner of any prize, in the event your Entry is considered not to be a "work made for hire," you irrevocably assign to Sunkist Growers, Inc. all right, title, and interest in and to your Video Submission (including, without limitation, the copyright) in any and all media whether now known or hereafter devised, in perpetuity, anywhere in the world, with the right to make any and all uses thereof, including, without limitation, for purposes of advertising or trade; and (f) agree that by submitting an entry, you grant to Sunkist Growers, Inc. the right to sell and otherwise distribute your Video Submission on any of its websites or in any of its advertising and/or products without any compensation, whether to you or to anyone else whose name or likeness appears in any Video Submission. The rights granted under this paragraph shall extend to Sunkist Growers, Inc. and its affiliated companies with respect to all entries and all other submitted materials related to the Promotion, including those submitted by non-winners and winners.
By submitting an Entry, you grant to Sunkist Growers, Inc. and its affiliated companies the right, except where prohibited by law, to use your name, likeness, picture, address (city and state), voice, biographical information, the Video Submission in your entry and written or oral statements, for advertising and promotional purposes in promoting or publicizing Sunkist Growers, Inc., its products or services, 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), e mail address, biographical information, or entry. The rights granted under this paragraph shall extend to Sunkist Growers, Inc. its affiliated companies with respect to all entrants in the Promotion, including non-winners and winners. Sunkist Growers, Inc. however, does not have any obligation to use the winning or non-winning Entries for any purpose.
9) Release of Liability and Issues of Law: By participating all entrants release Sunkist Growers, Inc., FACEBOOK, YouTube, their affiliates, partners, subsidiaries, officers, directors, agents, employees and all entities associated with the development and execution of this Promotion from any and all liability with respect to and in any way arising from participating in this Promotion, acceptance or use of prizes. Entrants also agree that Sunkist Growers, Inc. its affiliates, partners, subsidiaries, officers, directors, agents, employees and all entities associated with the development and execution of this promotion are not responsible or liable for any injury or damage to an entrant's or third person's computer related to or resulting from the Promotion, the Entries and/or its prizes. Sunkist Growers, Inc. its affiliates, partners, subsidiaries, officers, directors, agents, employees and all entities associated with the development and execution of this promotion are not liable for damage to a user's computer system (including, without limitation, any server failure or lost, delayed or corrupted data or other malfunction) due, either directly or indirectly, to an entrant's participation in the Promotion or downloading of information in connection with the Promotion. The Sponsor reserves the right to modify or cancel the Promotion in the event that any portion of any website used to administer any aspect of the Promotion becomes technically corrupted.
All Federal, state and local laws and regulations are applicable. THE CALIFORNIA COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE PROMOTION AND THE LAWS OF THE STATE OF CALIFORNIA SHALL GOVERN THE PROMOTION. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THOSE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS. The Promotion is void where restricted or prohibited by law.
10) Information about the Winners: Winners will be announced at www.facebook.com/Sunkist and www.sunkist.com on or about April 24, 2013.
11) Communication - If you have any questions or comments regarding this Promotion, visit http://sunkist.com/contact/default.aspx and select "Sweepstakes & Contests" as the subject.
Sunkist Growers, Inc.
P.O. Box 7888
Van Nuys, CA 91409
13) Promotion Administrator:
Extra Mile Marketing
16611 N. 91st Street, STE 106
Scottsdale, AZ 85260-1523
This Promotion is in no way sponsored, endorsed or administered by or associated with FACEBOOK or YouTube.