Wonderful Pistachios Official Rules

Wonderful Pistachios Get Crackin’ Contest

Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

CONTEST IS OFFERED IN AND IS OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA AT LEAST 18 YEARS OF AGE OR AGE OF MAJORITY IN STATE OF RESIDENCE, WHICHEVER IS OLDER AT TIME OF ENTRY. VOID IN PUERTO RICO AND WHERE PROHIBITED.

1. ELIGIBILITY: The Wonderful Pistachios Get Crackin’ Contest (“Contest” or “Promotion”) is offered in and open only to legal residents of the 50 United States and District of Columbia (“U.S”) age 18 and older or of the age of majority in their state of residence, whichever is older at time of entry (“contestant” or “entrant”).  Employees, officers, and directors of Paramount Farms, Inc. (“Sponsor”), Alcone Marketing Group (“Administrator”), YouTube and each of their respective parent companies, subsidiaries, corporate affiliates, advertising and promotion agencies and entities engaged in the design and implementation of the Contest and the immediate family members and members of the same household of such individuals are not eligible. “Immediate family” means parents, children, siblings and spouse and their respective spouses, regardless of where they reside. Void where prohibited.

2. CONTEST PERIOD: Contest begins on October 5, 2009 at 12:00:01 A.M. Pacific Time (PT) and ends on November 29, 2009 at 11:59:59 P.M. (PT). The Public Voting Period for the Contest begins on November 30, 2009 at 12:00:01 A.M. (PT) and ends on December 13, 2009 at 11:59:59 P.M. (PT). The Contest Data Base is the official time keeping device for the Contest.

3. HOW TO ENTER:  The contestant should prepare a Video (15 or 30 seconds) of contestant demonstrating how they crack open their Wonderful Pistachio nuts; access www.youtube.com/wonderfulpistachios during the Contest Period; click on the link to the “Wonderful Pistachios Get Crackin’ Contest;” and follow the instructions to enter.

Entry Steps:

1. Follow instructions to upload Video onto the site.
2. Click on the link to submit as directed by 11:59:59 P.M. (PT) on November 29, 2009.

Opportunity to enter also will be available at special events in selected areas of Los Angeles, CA during the month of October.  A Video Mobile Crew will be available to enable eligible consumers to enter.  Full details will be available at the event.  For locations and dates of events go to www.getcrackin.com.  The Video Mobile Crew will be responsible for uploading entries and entry forms onto website.

ALL ENTRIES SUBJECT TO TERMS OF USE OF YOUTUBE.COM AND THESE OFFICIAL RULES.

About Entries: Any entry which Sponsor or YouTube, in its sole opinion, deems to be inappropriate for publication or viewing will not be considered.  An entry can neither name, depict, nor describe, any person, living or dead, (except for the contestant or any other individual appearing in the video who has consented to the use of the video as specified in these Official Rules), nor can an entry contain the trademark, trade name, logo or copyrighted material, of any person or entity (other than a Wonderful Pistachios trademark, trade name or logo).  If any entry is believed in sole discretion of Sponsor to be infringing on the rights of any third party, that entry will be removed from the website and participant will be disqualified.

Video Specifications: Video can be in color or black and white with a length of either 15 seconds or 30 seconds and cannot exceed 2 GB in size.  The Video cannot  involve material which is subject to copyright, trademark or individual rights of publicity or privacy without the consent of the holder of such right (other than that related to Wonderful Pistachios) nor should background music be used.

Use of Videos, Entries and Names: By submitting a name and entry and uploading a Video, contestant: (a) grants a royalty-free and irrevocable worldwide license, exclusive to Sponsor (except for the limited rights accorded to YouTube through its Terms of Use), to use, alter, copy, reproduce, publish, transform, create derivative works from and otherwise show the Video, in any media or form, now known or subsequently developed, in whole or in part, for advertising, marketing, commercial, trade and similar uses and to use the contestant’s name in conjunction therewith, and contestants shall have no right of notice, review or approval of any such use of the Video and/or contestant’s name, and upon request contestant shall sign any documents requested by Sponsor for such purpose; (b) acknowledges and agrees that the Video (or any part thereof) and/or his/her name  may be used in whole or in part, alone or in combination with other works, and that the Video may be changed, altered, edited or modified, used in distorted, illusory or composite form, or in any other manner, as solely determined by Sponsor; and (c) warrants and represents that contestant has received all rights, releases and permissions which may be necessary from any individual appearing in the video and from the Videographer of the Video to grant this license for the use of the Video as stated.

By entering, each contestant represents and warrants that:

(i) contestant’s Video is the Video of that contestant;

(ii) the Video is the sole, exclusive, and original creation and property of the contestant and has not been copied in whole or in part from any other work; and,

(iii) the Video does not violate or infringe any copyright, trademark/trade name, logo, or intellectual property right, other proprietary right of any person (including but not limited to rights of privacy or publicity or portrayal in a false light), or entity; and,

(iv) the Video has not been published, or submitted in any other competition (except for any competition that is Sponsored by Wonderful Pistachios).

CONTESTANT ACCEPTS FULL RESPONSIBILITY FOR THE VIDEO SUBMITTED AND AGREES TO INDEMNIFY SPONSOR FOR ANY BREACH OF THE FOREGOING REPRESENTATIONS AND WARRANTIES.

4.  JUDGING OF ENTRIES AND SELECTION OF FINALISTS:

1. All approved entries will be posted to Wonderful Pistachios YouTube Channel to be viewed by members of the general public. Any entry that contains material which is unsuitable (as determined by Sponsor) or does not meet eligibility requirements or does not meet criteria as set forth in these Official Rules will be disqualified.
2. Videos will be judged by a judging panel consisting of employees of Sponsor and Administrator (“Judging Panel”) using the following criteria: (a) Humor (up to 45 points), (b) Creativity (up to 45 points) and (c) Popularity (up to 10 points).
3. The Top (10) entries with the highest cumulative score (“Finalists”) will be posted to Wonderful Pistachios YouTube Channel to be viewed by members of the general public who will be asked to vote for the Finalist they believe should win the Grand Prize.

5. PUBLIC VOTING: The public voting to determine the Grand Prize Winner will take place between 11/30/09 – 12/13/09 (“Voting Period”) by accessing www.youtube.com/wonderfulpistachios and following the voting instructions.  Individuals should rate the videos based on Humor and Creativity.  Individuals may vote only once per day (each day shall start at 12:01:01 A.M. PT and end at 11:59:59 P.M. PT).  The use of robotic or automatic devices for voting is prohibited; and Administrator reserves the right to nullify all such votes and to disqualify from voting the responsible individual, the email address used or any other individual attempting to vote on the same video more than once per day.  In the event of a tie, the tie will be broken by a random drawing among the tied entries.

6. GRAND PRIZE WINNER DETERMINATION: The Finalist receiving the highest number of positive votes will win the Grand Prize. The remaining (9) Finalists will each win a First Prize. In the event of a tie, the tied entries will be re-judged by the Judging Panel based on the criteria stated above in Rule 4(b).  Grand Prize video can be viewed between 12/14/09-12/26/09 on Wonderful Pistachios YouTube Channel.

7. NOTIFICATION OF WINNERS:  The Winners will be emailed by Administrator on or about 12/14/09 to obtain their name and mailing information. Winners then will be notified by express mail and will be required to sign and return an Affidavit of Eligibility, a Liability Release and, except where prohibited by law, a Publicity Release and other documents as requested by or on behalf of Sponsor.  In addition, any individual other than the contestant appearing in the Grand Prize video will be required to complete and return a release consenting to the use of the video as specified in Rule 3: Use of Videos, Entries and Names. If a contestant cannot be contacted or does not respond within a reasonable amount of time (as determined by Sponsor in its sole discretion) or if Affidavit/Release and/or any additional documents and releases required are not received within three (3) days of date stated on notification, or if notification is returned as non-deliverable, or if a Winner is found to be ineligible or not in compliance with these Official Rules, the Winner will be disqualified and the entry with the next highest cumulative score from the Top (20) entries will be notified and required to complete and return the required documents.

8. PRIZES/APPROXIMATE RETAIL VALUE (“ARV”):

(1) Grand Prize: $25,000, to be awarded in the form of a check; airing of the video on TV; (1) HD Video Camera (ARV: $230) and a one year supply of Wonderful Pistachio Nuts (ARV: $468). Complete Grand Prize ARV: $25,698.

(9) First Prizes: $500 to be awarded in the form of a check; (1) HD Video Camera (ARV: $230) and a one year supply of Wonderful Pistachio Nuts (ARV: $468). Complete First Prize ARV: $1,198.

Total ARV of all prizes: $36,480. Wonderful Pistachio Nuts portion of prizes will be awarded via (52) $9.00 coupons.

9. PRIZE RESTRICTIONS: No substitution or transfer of prize, but Sponsor reserves right to substitute prize in whole or in part with prize of comparable or greater value.  Where applicable, an IRS Form 1099 for the fair market value of prize will be filed.  All applicable federal, state, local and other taxes and fees associated with the prize and expenses not stated related to acceptance and use of a prize are solely the responsibility of the winner.  If winner cannot accept prize as stated, prize will be forfeited in its entirety and to the extent feasible may be awarded to an alternate winner. Airing of Grand Prize winning video will be at sole discretion of Sponsor.

10. General Conditions: By participating, Participants agree (a) to be bound by these Official Rules and the decisions of Sponsor, Administrator and judges, which decisions shall be final and binding in all matters relating to the Contest; (b) that Sponsor, YouTube, Administrator, their respective affiliates, parent companies, subsidiaries, distributors, advertising and promotion agencies, any entity involved in the design and implementation of the Contest and their respective officers, directors, employees, and  representatives (“Releasees”) are released, will have no liability whatsoever for, and shall be held harmless by participants  against any and all liability for any injuries, losses or damages,  claims and actions of any kind to person(s), including personal injury, death, or damage to or loss of property, or intellectual property, or rights of publicity or privacy, defamation, or portrayal in a false light, resulting in whole or in part, directly or indirectly, in connection with the  acceptance  or use of the prize or participation in the Contest or any related activity; (c) that they have read and understand the privacy policies and terms of use of Sponsor and YouTube; (d) that participants who do not comply with these Official Rules, or who attempt to interfere with this Contest in any way shall be disqualified  and (e) if a winner, by acceptance of prize, except where legally prohibited, grants permission for Sponsor (and agrees to confirm such permission in writing) and those acting pursuant to Sponsor’s authority to use, in perpetuity, his/her name, picture, voice and/or likeness, biographical information and statements and prize information, and entry (and notwithstanding anything to the contrary in these Official Rules license the use of the entry to Sponsor, which may be altered,  edited, used alone or with other works, as solely determined by Sponsor) for advertising, trade and promotional purposes without further compensation, at any times or time, in all media now or hereafter known  world wide,  without notice,  review or approval.  Participants acknowledge that no representation or warranty, written or oral, express or implied, in law or in fact is made for any prize.

11.  LIABILITY LIMITATIONS: Participation in Contest online is subject to the Privacy Policy and Terms of Use at www.getcrackin.com and of YouTube at www.youtube.com/terms  IF YOU DO NOT AGREE TO THE PRIVACY POLICY AND TERMS OF USE OF DO NOT ENTER THE CONTEST, PROVIDE ANY PERSONAL INFORMATION ON THE WEB SITE OR OTHERWISE USE THE WEB SITE. The Releasees are not responsible for and shall not be liable for: (a) printing or typographical errors in any Contest-related materials and in the event of any inconsistency between Contest-related materials and these Official Rules, these Official Rules shall govern and control, (b) technical  failures or problems of any kind including but not limited to electronic, hardware,  software, network,  Internet, website, or computer malfunctions or for  any human error which may occur in the administration, collection and processing of entries; (c) failed, incomplete, garbled or delayed computer transmissions; (d) lost, late, undeliverable, misdirected or incomplete or inaccurate entries or regular or express mail; (e) unauthorized human intervention in any part of the entry process or the Contest; or (f) any error or condition that may cause the Contest to be disrupted or corrupted, regardless of the cause.  If, for any reason, a participant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, participant’s sole remedy is another entry , provided that,  is reasonably practicable.

Sponsor reserves the right, in its sole discretion, to cancel, modify, terminate or suspend the Contest or any portion thereof should the Contest be incapable of running as planned, for any reason which corrupts the administration, security, fairness, integrity or proper play of the Contest.  In the event of cancellation, termination or suspension, notice thereof will be posted at www.youtube.com/wonderfulpistachios and winners will be selected from among all eligible entries legitimately received immediately prior to the event causing the termination or suspension.   CAUTION: ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.  Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.  Contest, including construction, validity, interpretation and enforceability of these Official Rules shall be (1) governed by the laws of the State of California without regard to choice of law or conflict of law principles; (2) any dispute, claims and causes of action arising out of or connected in any way with the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and  brought exclusively in a federal or state court in Los Angeles County in the State of California; (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (4) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.

12. Winners List:  For the names of the winners, mail a self-addressed first class stamped envelope to: Wonderful Pistachios Get Crackin’ Contest Winners, P.O. Box 6606, Saddle Brook, NJ  07663 for receipt by 1/15/10.

SPONSOR: Paramount Farms, Inc., 11444 West Olympic Boulevard, #310 Los Angeles, CA 90064.