OFFICIAL RULES
NO PURCHASE NECESSARY. LIMIT ONE (1) ENTRY PER HOUSEHOLD.
(A purchase will not improve one’s chance of winning.)
CONTEST VOID WHERE PROHIBITED BY LAW.
1. PROMOTION DESCRIPTION: The Barbara’s Family Natural Makeover Contest (the “Contest”) begins on February 15, 2010 at 12:01 a.m. Eastern Time (“ET”) and ends on November 30, 2010, at 11:59 p.m. ET (the “Contest Period”). The Contest provides entrants with the opportunity to create a short video or provide a photograph along with answering three questions in the space provided on the entry page. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Barbara’s Bakery Incorporated, 3900 Cypress Drive, Petaluma, California, 94954 (“Sponsor”), which shall be final and binding in all respects.
2. HOW TO ENTER: To enter, visit the website www.BarbarasBakery.us, complete the submission form with the information requested, and follow the online instructions to upload and submit your video or photograph and answered questions (collectively, the “Submission”) directly to the Website. Your Submission must include either a video or photo, but not both. Each Submission that is entered into the Contest must meet the following “Submission Requirements” (any Submission that, in Sponsor’s sole and absolute discretion, violates the following criteria will be disqualified).
Submissions must be received by the end of the Contest Period. No substitutions of new versions of Submission will be accepted under any circumstances once the original Submission is submitted for consideration. Any Submission that is considered by Sponsor in its sole and absolute discretion to be obscene, pornographic, libelous, hate speech, or otherwise objectionable, in whole or in part, will be disqualified and will not be eligible for entry. All requested information on the Website must be completed to enter and to be eligible to win. Except as otherwise stated in these Official Rules, personal information collected in connection with this Contest will be used in accordance with the privacy notice found on the Website and with the consent given by an entrant at the time of entry. Any communication or information transmitted to Sponsor and/or the Website by electronic mail or otherwise is and will be treated as nonconfidential and nonproprietary. Proof of submission is not considered proof of delivery to or receipt of such entry. Furthermore, Sponsor shall have no liability for any Submission that is lost, intercepted, or not received by the Sponsor.
3. VIDEO AND ANSWERED QUESTIONS AND PHOTO CRITERIA AND JUDGING: All valid entries will be judged and the winners will be determined on or about 12/10/2010 by Sponsor or its designee, the judges in the Contest, whose decisions are final and binding. All contest Submissions will be judged based on the following criteria: Category 1: Originality of the answered questions or video/photo content (50%); Category 2: Relevance of the answers or video/photo content to the contest questions (35%), Category 3: Creativeness and quality of uploaded picture image or video image (15%). The entrant who receives the highest overall score will be declared the Grand Prize winner. The entrant who receives the second highest overall score will be declared the Second Place winner. The entrant who receives the third highest score will be declared the Third Place winner. In the event of a tie the entry with the highest score in Category 1 will be declared the winner. Prize winners will be notified by overnight delivery and must sign and return an affidavit of eligibility and publicity/liability release within ten (10) days of notification. Prize winner’s immediate family who reside in the same household as the prize winner must also sign and return a liability/publicity release at that time. Failure by winner to comply will result in forfeiture of prize and selection of an alternative where possible.
4. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each person who enters this Contest represents and warrants as follows: (i) the Submission is the entrant’s own original, previously unpublished, and previously unproduced work; (ii) the Submission does not contain any computer virus, is otherwise uncorrupted, is wholly original with entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; and (iv) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each entrant hereby agrees to indemnify and hold the “Promotion Entities” (as defined below) harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs, and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations, or agreements of entrant hereunder.
5. GRANT OF RIGHTS: Each entrant into the Contest hereby irrevocably grants, transfers, sells, assigns, and conveys to the Sponsor, its successors and assigns, all present and future right, title and interest of every kind and nature whatsoever, including, without limitation, all copyrights, and all rights incidental, subsidiary, ancillary, or allied thereto (including, without limitation, all derivative rights) in and to the Submission for exploitation throughout the universe, in perpetuity, by means of any and all media and devices whether now known or hereafter devised. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein. Each entrant hereby acknowledges that such entrant does not reserve any rights in or to the Submission.
6. PUBLICITY RELEASE: By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in or winner of the Contest, each entrant irrevocably grants the Promotion Entities and their respective successors, assigns and licensees, the right to use such entrant’s name, likeness, biographical information, and Submission in any and all media for any purpose, including without limitation, advertising, and promotional purposes as well as in, on or in connection with the Website or the Contest or other promotions, and hereby release the Promotion Entities from any liability with respect thereto.
7. PRIZE: One (1) Grand Prize: A 4-day/3-night trip for the winner and one (1) travel companion to visit with a Celebrity Nutritionist in Napa Valley, California. Trip includes round-trip coach class air transportation, hotel accommodations (one room, double occupancy), 4-day use of mid-size rental car (subject to Grand Prize winner qualifying for the use of the rental car according to the terms and conditions of the designated rental car company), Celebrity Nutritionist prepared meal, a selection of natural cooking recipes, a collection of tips on natural food shopping, and family goals discussion with Celebrity Nutritionist (Approximate Retail Value [ARV] $12,000).
The Grand Prize winner’s travel companion must be eighteen (18) years of age or older. Grand Prize winner and his or her travel companion must travel together on the same itinerary and possess all required travel documents. Air transportation tickets are nonrefundable/nontransferable and are not valid for upgrades and/or frequent flyer miles. All air transportation tickets are subject to the vagaries of flight variation, work stoppages, and schedule or route changes. ARV for travel prizes may vary depending upon points of departure and destination and fare fluctuations. If the closest airport to a prize winner’s home is in close enough proximity to prize destination city so that, as Sponsor may determine in its sole discretion, a flight is unnecessary, such prize winner will receive alternate transportation from the Sponsor with no further obligation to the winner. Grand Prize winner will not receive cash or any other form of compensation if actual travel costs are less than the Grand Prize ARV in these Official Rules. Sponsor reserves the right to structure the travel route and select hotels in its sole discretion. In the event Grand Prize winner and/or his/her travel companion engages in behavior that (as determined by Sponsor in its sole and absolute discretion) is obnoxious, threatening or illegal, or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip or other applicable experience early, in whole or in part, and send Grand Prize winner and/or his or her travel companion home with no further compensation.
Trip must be taken between January 1, 2011, and February 28, 2011. Exact date to be determined based on Celebrity Nutritionist’s schedule. If Grand Prize winner is unable to participate in the Grand Prize trip on the date designated by Sponsor, the Grand Prize will be forfeited in its entirety. In the event the Grand Prize winner is able to participate in the Grand Prize trip during the dates designated by Sponsor but the meeting with Celebrity Nutritionist cannot take place for reasons including but not limited to scheduling conflicts, cancellations, postponement, or for any other reason, the Sponsor reserves the right to award the travel portion of the Grand Prize with no further obligation to the Grand Prize winner. Excepting the preceding sentence, no cash alternative or prize substitutions will be allowed, except Sponsor reserves the right to substitute prize(s) of comparable value if a prize listed, or any portion thereof, is unavailable for any reason.
One (1) Second Prize: A $500 Gift Card to a local natural foods store near the winner’s residence (store to be determined at the sole discretion of Sponsor) (ARV $500). Gift card is subject to the terms and conditions associated with its use. One (1) Third Prize: a one (1) year supply of Barbara’s products delivered every two months for a total of six (6) deliveries, with six (6) items in each shipment (ARV $225). Total ARV of all prizes $12,725. No prize substitutions allowed and no cash alternatives, in whole or in part, are available, except that Sponsor reserves the right to substitute a prize of equal or greater value should a prize be unavailable at the time of the prize award. Prizes are non-transferable. All federal, state, or other taxes on prizes are the winner’s sole responsibility. Limit one (1) prize per household.
8. ELIGIBILITY: Contest open to legal residents of the fifty (50) United States and the District of Columbia (excluding Puerto Rico and all other territories), who are 18 years of age or older at time of promotion registration. Employees of Barbara’s Bakery Incorporated, its subsidiaries and affiliated companies, distributors, and their respective advertising and promotion agencies, judging organization (collectively, the “Promotion Entities”), and the immediate families or household members of each are not eligible to participate in the Contest or win a prize. All federal, state, and local laws, and regulations apply. This promotion is intended for viewing in the United States only and shall only be construed and evaluated according to United States law. You are not authorized to participate in the Contest if you are not located within and a legal resident of the United States.
9. LIMITATION OF LIABILITY: By entering this Contest, all entrants agree to these Official Rules. The Promotion Entities and each of their respective officers, directors, employees, representatives, and agents shall have no liability and shall be held harmless by winners for any damage, loss or liability to personal property, due in whole or part, directly or indirectly, by reason of the acceptance or use of a prize or participation in this Contest. Any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorney’s fees. Sponsor reserves the right, in its sole discretion, to modify, cancel, or suspend part or all of this Contest should virus, bugs, non-authorized human intervention, or other causes beyond the control of Sponsor corrupt or impair the administration, security, fairness, or proper play of the Contest. In such event, Sponsor may award prizes based on the judging criteria noted above from all eligible entries received up to the date of cancellation or suspension. Promotion Entities are not responsible for technical, hardware, software, or telephone failures of any kind, lost or unavailable network connections, fraud, incomplete, garbled, or delayed computer transmissions, whether caused by Sponsor, entrants, or by any of the equipment or programming associated with or utilized in the promotion, or by any technical or human error which may occur in the procession of submissions, which may damage a user’s system or limit a participant’s ability to participate in the promotion. Sponsor may prohibit an entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, or threaten any other entrant or Sponsor representatives. Contest void where prohibited and subject to federal, state, and local laws.
CAUTION ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST ESTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
10. NO OBLIGATION TO USE: Sponsor shall have no obligation (express or implied) to use any Submission, or to otherwise exploit any Submission, or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of any Submission for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof.
11. DATES AND DEADLINES/ANTICIPATED NUMBER OF CONTESTANTS: Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest.
12. FURTHER DOCUMENTATION: If Sponsor shall desire to secure additional assignments, certificates of engagement for the Submission, or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each entrant agrees to sign the same upon Sponsor’s request therefor.
13. CONFIDENTIALITY: For information about how Sponsor uses your personal information, please see its privacy policy.
14. WINNER’S LIST: For a winner’s list of names, available after March 1, 2011, send a self-addressed, stamped envelope to: BARBARA’S NATURAL MAKEOVER CONTEST WINNERS, 3900 Cypress Drive, Petaluma, California, 94954 to be received by April 1, 2011.
15. SPONSOR: The Sponsor of this Contest is Barbara’s Bakery Incorporated, 3900 Cypress Drive, Petaluma, California, 94954.