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PROMOTION PERIOD: Starting August 22, 2007 at 3:00:00 PM Central Time (CT) and ending January 14, 2008 at 11:59:59 PM CT (the "Promotion Period").
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ELIGIBILITY: To enter and be eligible to win, you must be a legal resident of the 50 United States, or Washington, D.C., be 18 years of age or older, and have a valid email address. Persons in any of the following categories are NOT eligible to participate or win the prize: (a) any person who, at any time on or after August 22, 2007, was or is a director, officer, or employee of Del Monte Corporation (the “Sponsor”), or its parent, subsidiaries, franchisees, or service agencies; (b) individuals engaged in the development, production or distribution of materials for the Promotion or engaged in the administration or execution of this Promotion (collectively the “Promotion Entities”); and (c) persons who are or purport to be immediate family members (defined as biological or step-mother/father/ sister/brother/daughter/son or dependent or spouse of any of the foregoing) of any person in any of the preceding categories, regardless of where they live, or who reside in the same household (i.e., live in the same household for at least 3 of the 12 months preceding the start of the Promotion Period, whether related or not) as any person in any of the preceding categories.
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HOW TO ENTER AND UPLOAD YOUR VIDEO CLIP: Enter at http://www.youtube.com/group/fruitchill. If you are already a registered user at YouTube.com, log in. If you are not a registered user, you will need to register before entering. To enter, read these Official Rules and follow the instructions to upload a Video Clip, maximum one (1) minute in length, of a person having a temper tantrum (see Rule #5 below for Criteria). The Video Clip must comply with YouTube’s requirements for file format, size and duration in order to be considered. You may upload as many Video Clips as you like, however, no more than one entry per person (the one receiving the highest score from the Judges) will be eligible to become one of the “Top 10 Video Clips” (see Rule #5 for Criteria). There will be two (2) parts to the Promotion: Video Clips may be uploaded from August 22, 2007 at 3:00:00 PM CT to November 2, 2007 at 11:59:59 PM CT (the “Entry Period”); between November 3, 2007 and November 16, 2007 the judging of all eligible video clips will be conducted (see Rule #5 for details); finalists selected in the judging period will be notified beginning November 19, 2007 and will be instructed that they will need to register on the Promotion Website at http:/chillerschillout.icmodus.com within seven days of notification. Voting on the Video clips will occur from December 13, 2007 to January 14, 2008 (the “Voting Period” – see Rule #5). It is the entrant’s sole responsibility to ensure that his/her Video Clip is uploaded and can be viewed online on or before November 2, 2007 at 11:59:59 PM CT. By submitting a Video Clip into the Promotion, each entrant warrants and represents that they are the sole photographer/subject or have obtained the consent of same (or of the photographer’s/subject’s parent/legal guardian, if applicable) and that they (or parent/legal guardian, if an eligible minor) consent to the posting of the Video Clip as set out in these Official Rules. Each Video Clip will be subject to YouTube’s Terms of Use (found at http://www.youtube.com/t/terms) and Community Guidelines (found at http://www.youtube.com/t/community_guidelines), and also screened by the Sponsor or its agents (“Judges”) for eligibility (see Submission Requirements below) before being posted on the Web Site. Video Clips that do not meet the above requirements will not be posted and will be automatically disqualified in the sole discretion of the Sponsor, YouTube and the Promotion Judges.
By submitting a Video Clip, you agree that your disclosure is gratuitous, unsolicited and without restriction, and will not place Sponsor under any obligation, and that Sponsor is free to disclose the ideas contained therein on a non-confidential basis to anyone or otherwise use the ideas without restriction and without any additional compensation to you. You acknowledge that, by acceptance of your submission, Sponsor does not waive any rights to use similar or related ideas from any source. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. By entering, you acknowledge that Sponsor has no obligation to use or post any Video Clip you submit.
Submission Requirements. The following guidelines set by the Sponsor should be followed for a Video Clip to be considered eligible:
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Cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or contain nudity; |
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Cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; |
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Cannot be obscene or offensive, endorse any form of hate or hate group; |
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Cannot defame, misrepresent or contain disparaging remarks about other people or companies; |
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Cannot contain trademarks, logos or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, or advertise or promote any brand or product of any kind, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses; |
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Cannot contain copyrighted materials owned by others (including music, photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media); |
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Cannot contain materials embodying the names, likenesses, voices or other indicia identifying any other person, living or dead, unless you have express permission from that person to use their likeness and performance in connection with this Promotion; |
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Cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; |
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Cannot contain any persons that are signatories to any guild or union agreements (e.g., members of the Screen Actors Guild); |
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Cannot violate any law; and |
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Must be in English. |
The Video Clip must be the original work of the entrant submitting it, and may not be based in whole or in part on the work of any other person or entity (including without limitation, any other fictional or non-fictional material, published or unpublished, produced or not produced). Applicant may not submit any Video Clip in which any person other than entrant owns any rights or interests (including, but not limited to, rights as joint owner or joint author), and entrant may be required to provide documentation in a form acceptable to Sponsor evidencing such rights and interest if so required by Sponsor. By submitting, entrants indemnify and save harmless the Sponsor and Promotion Entities, and each of their officers, directors, employees and agents (the “Indemnified Parties”), from and against any and all claims, demands, actions, causes of action, damages, costs or expenses brought against or suffered or incurred by the Indemnified Parties, or any of them, arising out of or in connection with the participation by the entrant in this Promotion, any breach by the entrant of the foregoing warranties or agreements or the use, in whole or in part, by any of the Indemnified Parties of any Submission entered by the entrant in this Promotion.
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OWNERSHIP/USE OF VIDEO CLIP: By submitting a Video Clip, entrant agrees to assign to Sponsor the Video Clip (including all right, title and interest embodied therein) and agrees that Sponsor and its designees may use and distribute the Video Clip and all elements of such Video Clip, including, without limitation, the names and likenesses of any persons or locations embodied therein, without restriction in any and all media now known or not currently known, throughout the world in perpetuity without compensation, permission or notification to entrant or any third party. Materials submitted in connection with the Promotion will become the sole property of Sponsor and will not be returned.
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ONLINE VOTING: All eligible entries received will be reviewed by an independent judging agency, whose decisions shall be final, in order to select the Top 10 Video Clips, based on the following criteria (“Criteria”): 30% Originality, 30% Humor, 30% “How much person/family deserves to chill out”, and 10% Inclusion of “Fruit Chillers” sorbet product. The 10 entries with the highest scores will be selected as the potential “Top 10 Video Clips”, subject to verification of eligibility and compliance with the terms of these Official Rules. In the event of a tie for tenth place, an additional “tie-breaking” judge will use the judging criteria above to break the tie. You will be notified via email to the email address you provided to YouTube upon registration if your Video Clip is selected as a potential top 10 Video Clip. It is your sole responsibility to configure your YouTube profile to allow other users to contact you, to ensure the email address is functional and is a valid email address, and to configure your spam filters as necessary to ensure prompt receipt of messages. If your Video Clip is selected as a potential Top 10 Video Clip, you must also register at the Promotion Website by 11:59:59 CT on the seventh (7) day from the date of notification for your entry to be confirmed and your Video Clip to be posted for voting. If you do not register and accept the rules in accordance with the email notification, your Video Clip will be disqualified and will not be posted. In case of disqualification(s), Sponsor reserves the right to contact alternates chosen according to the criteria above. TO VOTE: From December 13, 2007 to January 14, 2008 (the “Voting Period”) the confirmed top 10 Video Clips will be posted on http:/chillerschillout.icmodus.com. Visitors to http:/chillerschillout.icmodus.com (the “Promotion Website”) may vote for their favorite top 10 Video Clip during the Voting Period. Registration on the Promotion Website is required in order to vote. If you are a YouTube registered user, you will still need to register on the Promotion Website in order to vote. Limit: one (1) vote per person per day. There will be links on the Promotion Website to view all posted videos. Voters may click on a button to submit their vote for their favorite video, based on the Criteria described above. At the end of the Voting Period, the entrant whose Video Clip received the highest number of online votes, as determined by Sponsor in its sole discretion, will be eligible to win the Prize describe below (see Rule #6). In the event of a tie, the tie will be broken based on which Video Clip received the highest score in the initial round of judging. The Potential Winner may be subject to an interview by the Promotion Judges to determine the authenticity of the submitted Video Clip, and he/she may be disqualified if the Video Clip has not complied with these Official Rules.
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GRAND PRIZE: One (1): A trip for winner and three (3) guests. Prize consists of a 7-night Western Caribbean Cruise on Disney Cruise Line, round-trip coach air transportation for four (4) from a major airport near the winner’s home within the U.S., (airport, carrier and airline ticket class selected at the sole discretion of Sponsor), two (2) double occupancy inside cabin standard accommodations for seven (7) nights (accommodation to be selected at the sole discretion of Sponsor). If eligible winner resides within 150 miles of the departure port, ground transportation may be substituted for air transportation at Sponsors’ sole discretion. All other expenses not specifically mentioned herein, including ground transportation, meals, gratuities, travel documents, tax, personal expenses and all other expenses not specified herein are the sole responsibility of the winner. No responsibility is assumed by Sponsors for canceled, delayed, suspended or rescheduled events after ticketing of prize for any reason whatsoever beyond its control. Transportation and accommodations subject to availability, blackout periods, government restrictions and regulations, hotel, airline, cruise line, seaport, airport or other transportation restrictions and regulations. Other restrictions may apply. All travel must be booked and taken before December 31, 2008. Winner and guests must have all necessary identification and/or travel documents (e.g. Passports) required for travel. Approximate Retail Value (ARV) $10,000.00 USD, depending on winner’s point of departure and airfare fluctuations. If any of winner's guests is a minor he/she must be accompanied by parent or legal guardian who must sign and return all required documentation. Guests and winner must sign and return a release of liability/publicity prior to ticketing of prize. Total value of prize: $10,000.00. Prize is not transferable or redeemable for cash and must be accepted as awarded, with no substitutions of any kind, except by the Sponsor, who reserves the right to substitute a prize (or portion thereof) of comparable or greater value, at its sole discretion. Taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided are the Winner’s responsibility. All prize details are at the Sponsor’s sole discretion.
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HOW TO CLAIM A PRIZE: Potential Winner of prize will be contacted by phone or mail with instructions on how to claim the prize. Prize won by a person who is an eligible entrant but considered a minor in his/her state of residence will be awarded to a parent or legal guardian who must sign and return all required documentation outlined herein and otherwise comply with all requirements imposed on Winner set forth herein. If a Potential Winner is found to be ineligible, declines to accept the prize, or Sponsor is unable to contact a Potential Winner within a reasonable period, or in the event that a prize confirmation or prize is returned undeliverable, the prize will be forfeited. Potential Winner (or parent/legal guardian where applicable) may be required to furnish proof of identification. Before being declared a Winner, Potential Winner (or parent/legal guardian where applicable), will be required to execute return an Affidavit of Eligibility/Liability & Publicity Release and a W9 form within fifteen (15) business days from the time it is postmarked as having been sent by the Sponsor or its representative, or the prize will be forfeited.
Allow 6 to 8 weeks for verification and shipment of your prize (itinerary and details). Sponsor and its Promotion Entities shall not be held responsible for any delays in awarding the prize for any reason outside of their control. Prize will only be delivered to a verified Winner.
By accepting a prize, Winner consent to the use of his/her name, address, voice, and statements relating to the Promotion or Sponsor, and photographs or other likenesses, without further compensation, notification or permission in any publicity or advertising carried out by Sponsor or any related entities in any and all media now known or hereinafter developed without territorial or time limitation, except where prohibited by law. Once verified, the Grand Prize winner will be announced on the Promotion Website.
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| CONDITIONS OF ENTRY: |
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By entering, entrants (i) acknowledge compliance with these Official Rules including all eligibility requirements and, (ii) agree to be bound by the decisions of the Sponsor and/or Promotion Judges, made in their sole discretion, which shall be final and binding in all matters relating to this Promotion. Entrants who have not complied with these Official Rules are subject to disqualification.
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The Sponsor reserves the right to disqualify any entrant’s registration in the Promotion (and void all associated entries) or entitlement to the prize, if, in the sole discretion of the Sponsor, it determines or suspects that the entrant has attempted to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or other fraudulent, deceptive or unfair playing practices (including any entries generated by script, macro, robotic, programmed, or any other automated means).
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If a dispute arises regarding who submitted an online entry, the entry will be deemed to be submitted by the authorized account holder of the email address provided 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 responsible for assigning email addresses for the domain associated with the submitted email address.
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As a condition of entering, entrants (or their parent or legal guardian if an eligible minor) agree: (a) to release Sponsor and Promotion Entities, and each of their officers, directors, employees and agents, from any and all liability, loss or damage incurred with respect to participating in the Promotion or the awarding, receipt, possession, and/or use or misuse of the prize or any travel related thereto; (b) that under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Promotion, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.
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| PROMOTION OPERATION: |
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Sponsor reserves the right in its sole discretion to cancel, modify or suspend this Promotion at any time, if it determines that for any reason the Promotion cannot be run as originally planned or if fraud, technical failures, including any network server or hardware failure, viruses, bugs, errors in programming, or any other errors or other causes corrupt the administration, security, fairness, integrity or proper play of the Promotion.
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Sponsor and the Promotion Entities do not warrant that access to the Promotion will be uninterrupted. Sponsor and the Promotion Entities are not responsible for any problems that may arise, including but not limited to; (a) lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, Web sites, or other connection, availability or accessibility problems arising in connection with or over the course of the Promotion; or (b) communications failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions or hardware or software malfunctions, failures or difficulties; or (c) failure of personal computers and/or software and hardware configurations, any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other error in the offering or announcement of any prize or in any prize notification documents; or (d) for any other errors of any kind relating to or in connection with the Promotion, whether human, mechanical, clerical, electronic, or technical in nature; or (e) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Promotion; or (f) damage to a user's system occasioned by participation in this Promotion or downloading any information necessary to participate in this Promotion.
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Entrants and/or winner assume liability for injuries caused, or claimed to be caused by participating in the Promotion, by the acceptance, possession, or use of any prize awarded, including not limited to claims/damages for personal injury, death or property damage.
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| DISCLOSURES: |
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Any attempt by an entrant or other individual, to deliberately damage any website or undermine the legitimate operation of this Promotion, including but not limited to any fraudulent claims, is a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages from any such individual, to the fullest extent permitted by law, including criminal prosecution. Entrant engaging in any of the foregoing activities may be disqualified and will forfeit any prize won.
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In the event of any conflict with any Promotion details contained in these Official Rules and Promotion details contained in Promotion Materials (including but not limited to point of sale, television, and print advertising, promotional packaging, and other promotion media), the details of the Promotion as set forth in these Official Rules shall prevail.
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All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the substantive laws of the State of California without regard to California conflicts of law principles. All entrants consent to the jurisdiction and venue of the State of California.
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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, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. In particular, Sponsor’s employees are not authorized to waive, modify or amend any provision or provisions of these Official Rules in any manner whatsoever.
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This Promotion is solely sponsored by Del Monte Corporation, One Market @ The Landmark, San Francisco, California, 94105.
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For a list of the prize Winner, send a self-addressed postage stamped envelope to: “Del Monte “Chill Out Fruit Chillers” Promotion - Winner’s List Request”, P.O. BOX 1393, South Bend, IN 46624-1393, to be received by January 31, 2008. Winner’s list will be sent after the prize has been awarded.
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To review our privacy policy, please visit our web site at www.Delmonte.com to see how we use personal information obtained in connection with this Promotion.
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