Wonderful Pistachios

Read the official rules for the Win 2 Cases of Pistachios for the Big Game Contest.

WIN TWO CASES OF PISTACHIOS FOR THE BIG GAME CONTEST
OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN IN THE WIN TWO CASES OF PISTACHIOS FOR THE BIG GAME CONTEST (“CONTEST”).  Entry into this Contest constitutes your acceptance of these Official Rules.

CONTEST ENTRY DATES: Contest begins January 13, 2012 at 12:00 a.m. Pacific Standard Time (“PST”) and ends January 27, 2012 at 11:59 p.m. PST (“Contest Entry Period”).

WHO MAY ENTER: Open only to legal residents of the fifty (50) United States and District of Columbia (excluding residents of Puerto Rico, U.S. Virgin Islands and Guam) who are at least eighteen (18) years old at time of entry. Void where prohibited by law.  Contest subject to all applicable federal, state and local laws and regulations.  Employees of Paramount Farms International LLC (“Sponsor”) and its parents, affiliates, subsidiaries and advertising and promotion agencies, and such 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.

CONTEST ENTRY/OBJECTIVE: Submit: (i) a video of your or your spouse or child’s signature touchdown dance; (ii) send a photo of your or your spouse or child’s best touchdown pose; or (iii) your answer to the question: “Why do you deserve to get crackin’ during this year’s big game?”.  See below for additional entry requirements.

HOW TO ENTER: To enter, send your video, photo or answer along with your full name, city/state and email address (collectively, “Entry”) to Sponsor via email at contest@getcrackin.com during the Contest Entry Period.  All Entries must be received by 11:59 p.m. on January 27, 2012 to be eligible.  No purchase necessary.  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 comply with the following requirements:

(1)   Contestant must submit:

1. A video of his/her signature touchdown dance or a photo of his/her best touchdown pose;
2. A video of his/her spouse or child’s signature touchdown dance or a photo of his/her spouse or child’s best touchdown pose; or
3. An answer to the question: “Why do you deserve to get crackin’ during this year’s big game?

(2)   Contestant and his/her spouse and child must not wear any clothing with any team logo, symbol, emblem or other trademark in the video or photo;

(3)   Each video or photo must not contain any image of any team logo, symbol, emblem or other trademark in the background;

(4)   Videos should not include any copyrighted music (whether in the background or sung by the contestant or his/her spouse or child) unless it is an original composition written by the contestant; and

(5)   Videos should not include any obscene language.

(6)   Contestant must be the parent or legal guardian of the child(ren) in the video or photo submitted.

The inclusion of a bag of Wonderful® Pistachios in a video or photo is highly recommended, but is not required to enter into the Contest and will not increase your chances of winning.

Winners will be selected based on the Judging Criteria (as defined below).

All Entries must be received by 11:59 p.m. on January 27, 2012.  Limit one (1) Entry per person for the entire Contest Entry Period.  Entries received from any person or e-mail address in excess of the stated limitation will be void.  Entries generated by script, macro or other automated means or with the intent to subvert the entry process are void.  All Entries become the property of Sponsor and will not be acknowledged or returned.

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.

WINNER DETERMINATION:

Judging will begin after the Contest Entry Period.  All eligible Entries received during the Contest Entry Period will be judged by a select panel of Sponsor’s employees who will serve as judges to determine the Grand Prize winner and the twenty-five (25) First Runner-Up Prize winners (collectively, “Winners”).  The judging will be based on the originality and creativity of the Entry which shall be determined at the judges’ discretion and criteria (“Judging Criteria”).  In the event of a tie, an additional “tie-breaking” judge will determine the Winner(s) from among such tied Entries based on the Judging Criteria. Sponsor reserves the right to select fewer than twenty-six (26) Winners if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries.

Judges’ and Sponsor’s decisions are final and binding.

WINNER NOTIFICATION: Winners will be announced and notified by Sponsor within three (3) after the Contest Entry Period.  Winners will each 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”) and an IRS W-9 form 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 a potential Winner refuses their prize, at Sponsor’s discretion, the prize may be awarded to an alternate Winner. Further, Sponsor reserves the right to forfeit or award any unclaimed or leftover prizes at its sole discretion.
PRIZES: There are exactly twenty-six (26) prizes available to be won in this Contest as follows:

(a)   Grand Prize (1): The Grand Prize winner will receive one (1) case (25 bags) of Wonderful® Pistachios and one (1) case (12 bags, assorted flavors) of Everybody’s Nuts.  Approximate Retail Value (“ARV”): US $209.75.

(b)   First Runner-Up Prizes (25): Each First Runner-Up Prize winner will receive one (1) 8oz. bag of Wonderful® Pistachios.  ARV: US $5.99 each prize.

Total ARV of all prizes = US $359.50.

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. Winners are solely responsible for all federal, state and local taxes (including income and withholding taxes) and any other expenses, costs or fees associated with acceptance and/or use of the prizes not specified herein as being awarded. Delivery of prizes to Winners are subject to the express requirement that they submit to Sponsor all documentation requested by Sponsor to permit them to comply with all applicable U.S., state, local and foreign tax reporting and withholding requirements, including, without limitation, an IRS Form W-9.  All prizes will be net of any taxes Sponsor is required by law to withhold.  All taxes imposed on prizes are the sole responsibility of the Winners.  In order to receive a prize, Winners must submit any tax documentation requested by Sponsor or otherwise required by applicable law, to Sponsor or the relevant tax authority, all as determined by applicable law, including, where relevant, the law of the Winner’s state of residence.  If a Winner cannot accept a prize as stated, such prize will be forfeited in its entirety and, to the extent feasible, may be awarded to an alternate Winner. Winners may not substitute, assign or transfer prizes or redeem prizes for cash, but Sponsor reserves the right, at its sole discretion, to substitute a prize (or any portion thereof) with one of comparable or greater value.  LIMIT ONE (1) PRIZE PER PERSON FOR THE ENTIRE CONTEST.  Neither Sponsor nor its agencies are responsible for lost, late, stolen, misdirected, delayed or damaged prizes.  Additional restrictions may apply.
GENERAL CONDITIONS: By accepting a prize, a Winner (on behalf of him/herself and his/her spouse and/or child) grants to Sponsor and its designees the right to use a 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, 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 Contest Web Site or any other web site or for any other technical malfunctions of electronic equipment, computer on-line systems, servers, or providers, computer hardware or software failures, programs, applications, 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 Contest Web Site or any other 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 website 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.
ARBITRATION AND CHOICE OF LAW: Except where prohibited by law, as a condition of participating in this Contest, contestant agrees that (1) 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, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the contestant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. 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 February 22, 2012), please send a self-addressed stamped envelope no later than March 22, 2012 to: Win 2 Cases of Pistachios Contest Winners, c/o Paramount Farms International LLC, 11444 West Olympic Blvd., Suite 310, Los Angeles, CA 90064.
SPONSOR: Paramount Farms International LLC, 11444 West Olympic Blvd., Suite 310, Los Angeles, CA 90064.