“Rock the Cheez” Contest Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. THIS CONTEST IS INTENDED FOR VIEWING IN THE UNITED STATES ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW.
Participation constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules. The “Rock the Cheez” Contest ("Contest") will begin at 12:01 AM Eastern Time (ET) on October 9, 2009 ("Promotion Start Date"), and ends at 11:59pm ET on December 31, 2009 ("Promotion Period"). The Contest is sponsored by Wise Foods, Inc. 245 Townpark Drive Suite 075, Kennesaw, GA 30144 ("Sponsor") who is solely responsible for all aspects of this Contest.
Eligibility: The Contest is intended for viewing and participation in the United States and the District of Columbia (“U.S.”) only and shall only be construed and evaluated according to U.S. law. Do not enter the Contest if you are not (i) a legal U.S. resident located in the U.S., and (ii) age 13 or older as of October 9, 2009. Employees, officers and directors of Sponsor, its parent company, franchisees, affiliates, subsidiaries, agents and advertising and promotion agencies (“Released Parties”), as well as the immediate family members (parents, children, siblings, spouses) and/or persons living in the same household (whether related or not) of each are not eligible to participate in the Contest. All federal, state and local laws and regulations apply. Void in Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, and where prohibited, taxed or restricted by law.
How to Enter the Contest: You can enter the contest online at www.cheezdoodles.com by completing the registration process and creating/submitting a “Cheez Dudes stage and performance” (the “Performance”). To complete the registration form, the participant needs to provide name, date of birth, street address, city, state, zip code, daytime phone number, and email address; parent name, and parent email address will be required for those entrants that are not of majority age in their state of residence. Upon completion of the registration form, each participant will receive one (1) Sweepstakes entry. To create / submit a contest entry, participants will need to download the “Cheez Dudes” codes and the Augmented Reality application software. To complete the contest entry, participants will create a “stage” and maneuver the “Cheez Dudes” to create a performance to the music provided by the application software; once the performance has been completed, the participant can submit their entry. The entrant is responsible for all costs associated with the uploading and production of the contest entry. Participants that complete the registration and submit their contest entry will also receive one (1) Sweepstakes entry.
All Contest entries must be received by 11:59pm ET on December 31, 2009.
Each Entrant may submit one (1) registration (for the Sweepstakes) in total and (1) Contest entry per day. There will be a Sweepstakes element to the Contest. There will be one (1) Sweepstakes Prize winner randomly selected at the conclusion of the Promotion Period. Sponsor reserves the right to disqualify any person or email address that submits more than maximum allowed entries. Incomplete entries, or those containing incorrect information, will be voided. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. By participating in this Contest, entrants agree to be bound by these Official Rules and the decisions of the Sponsor which are final and binding in all matters relating to the Contest. By entering this Promotion, entrants agree that each Contest entry becomes the property of Sponsor and that the Sponsor may use such Contest entry for any proper purpose. Any personally identifiable information collected during an entrant's participation in this Promotion will be collected by Sponsor and used by Sponsor, Administrator, their respective affiliates, agents and marketers for purposes of the proper administration and fulfillment of the Promotion as described in these Official Rules. Sponsor’s published privacy policy will apply to any Performance that an Entrant submits to the Promotion or to any information submitted in connection with such “Performance”. Sponsor’s privacy policy can be found at http://www.wisesnacks.com/index.php/privacy-policy.html.
Each Performance must be the original work of the Entrant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity and must have been created in a legal and safe manner. If the Performance contains any material or elements that are not owned by the Entrant and/or are subject to the rights of third parties, the Entrant is responsible for obtaining, prior to submission of the Performance, any and all releases and consents necessary to permit the use and exhibition of the Performance by the Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness releases for any person who appears in or is identifiable in the Performance (collectively, the “Clearances”). In the event that a person appears in the Performance has not reached the age of majority in their state of residence, the Clearance must be signed by a parent or legal guardian. By submitting a Performance, Entrant warrants and represents that he or she consents to the submission and use of the Performance in the Contest, and to its posting on the Internet in connection with the Contest.
Entries may not contain any of the following: i) Materials which include or constitute trademarks, trade names or copyrighted works created or owned by any person or entity other than Entrant or for which the Entrant has not obtained owner’s permission to use; ii) Materials which contain identifiable commercial product brands (other than the Sponsor Brands and/or products); iii) Materials which contain clothing items bearing designer insignia, logos, profanities, or bearing the name or likeness of any celebrity, living or dead; iv) Materials which contain visible phone numbers, website links, street addresses, e-mail addresses or license plate numbers; v) Materials which contain behavior inappropriate for a general audience; vi) Materials which contain nudity or any depiction of real or simulated sexual acts; vii) Materials which contain extensive or gratuitous violence; viii) Materials which violate anyone’s privacy rights, violate any confidentiality or employment agreement, or which are defamatory; ix) Materials which are derogatory to Sponsor, or any affiliated entity or person; x) Materials which are discriminatory based on race, religion, national origin, physical disability, age, sex, or sexual orientation or preference; xi) Materials in which any person identifiably appears where no appropriate written release has been obtained from such person granting all rights required herein; xii) Materials which do not comport with the Entry requirements. Entries which do not conform to these guidelines will be disqualified. Sponsor further reserves the right, in its sole and unfettered discretion, to verify at any time during the Contest that all necessary Clearances have been obtained and to disqualify and remove any Performance if it believes that the necessary Clearances have not been obtained.
Performance Rights and Requirements: By submitting an entry, entrant warrants that the Performance: (1) does not infringe any copyright, (2) does not invade anyone’s privacy, (3) does not libel or slander anyone, 4) does not contain behavior inappropriate for a general audience, and (5) is original and has not previously been published. An original is the product of one's own mind and is not a copy or imitation.
By submitting a Performance, Contestant provides Sponsor a perpetual, world-wide, royalty free license on the Performance submission, including, without limitation, any moral rights or “droit moral,” exclusive right to edit, change, revise, reproduce, display, perform, publish, distribute, license, sublicense, and sell the Performance in whole or in part, and to prepare, use, and exploit derivative works or improvements thereof, in all forms and media now or hereafter known, including material in digital and electronic media, computer, audio and audiovisual versions, and translations and adaptations, all in any language throughout the world and in Sponsor’s sole discretion in perpetuity. Without limiting the foregoing, entrant hereby waives and releases Sponsor, from any and all claims that entrant may now or hereafter have in any jurisdiction based on such “moral rights” or “droit moral” or unfair competition with respect to Sponsor’s exploitation of the Performance without further compensation to Contestant of any kind. Entrant agrees that email shall satisfy any writing requirement that may apply to the conveyance, or waiver of any of the aforementioned rights. Entrant shall execute and deliver such documents, at Sponsor’s expense, as requested by Sponsor or as may be necessary to vest in Sponsor the rights and waivers provided herein. Entrant agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Sponsor or its affiliates, or any other person, on the grounds that any use of the Performance, or any derivative works, infringe or violate any of entrant’s rights therein. Entrant grants the Sponsor and its agents the right to associate the Performance with entrant’s name, image, likeness, hometown, and biographical information, without limitation and without compensation. Entrants shall not receive any compensation or credit for Sponsor’s use of entries, other than that disclosed in these Official Rules.
Internet Limitations of Liability: If for any reason, this Contest is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Contest, the Sponsor reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process (if applicable), and to cancel, terminate, modify or suspend the Contest in whole or in part, at any time, without notice and award the prize using all non-suspect eligible entries received as of the termination/suspension date. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Sponsor also is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure or delay of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof.
Sponsor is not responsible for any damage to an entrant’s system which is occasioned by participating in this Contest or by downloading any information necessary to participate in the promotion. Sponsor also is not responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing of the entries in the Contest. Any dispute or claim arising out of the play of this Contest, or any disputes with site users which arise as a result of the use of this website, shall be governed by the laws of the State of Georgia, without respect to conflicts of laws principles. Any such claim shall be brought and maintained in the federal or state courts of the State of Georgia. If any provisions of the Official Rules are determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other provision. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute regarding the identity of an individual who actually submitted an online entry, the entry will be deemed submitted by the authorized account holder of the email account. "Authorized account holder" is defined as the natural person who is assigned to an email account by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
Contest Judging/Winner Determination: Each Performance will be judged based on the following criteria: Innovation and Creativity (30%), Inspiration (25%), Originality (25%), and appropriateness of submission to brand image (20%). Each contest entry will be reviewed by a qualified judge or panel of judges whose decisions are final. Performance entries will be displayed at www.cheezdoodles.com. Final judging to determine the Grand Prize, First Prize, and Second Prize winners will be based solely on the aforementioned criteria. The Grand Prize winner will be the Performance Entry with the highest score recorded by the qualified judge or panel of judges; the First Prize winner will be the Performance entrant with the second highest score recorded by the qualified judge or panel of judges; the Second Prize winner will be the Performance entrant with the third highest score recorded by the qualified judge or panel of judges. Consumers will have the opportunity to cast their on-line vote for their favorite Performance entry; consumer voting does not have any influence on the selection of the winners. All decisions of the Sponsor are final and binding.
Prizes: There will be one (1) Grand Prize, one (1) First Prize, and one (1) Second Prize for the contest and one (1) Grand Prize for the Sweepstakes. The Contest Grand Prize winner will receive the following: i) Fender Standard Stratocaster Electric Guitar (Black Maple Fingerboard) with an Approximate Retail Value (“ARV”) of $499.99; ii) Fender Stratocaster/Telecaster Molded Guitar Case (Black) with an ARV of $89.99, iii) Fender Standard Precision Bass Guitar (Black Maple Fretboard) with an ARV of $549.99, iv) Fender Economy Precision/Jazz Bass Molded Case (Black) with an ARV of $79.99; v) Peavey Vypyr 75 75W 1x12 (Black) Guitar Combo Amp with an ARV of $299.99; vi) Tama Superstar SL Custom Hyper-Drive 5-Piece Drum Set (ARV $1,139.99) which includes: one (1) Tama Superstar 5-Piece Hardware Kit #490648, one (1) Tama Superstar SL Custom Hyper-Drive 5-Piece Shell Pack Box A (Dark Desert Burst) #491321 142, and one (1) Tama Superstar SL Custom Hyper-Drive 5-Piece Shell Pack Box B (Dark Desert Burst) #491322 142. The Total ARV of the Grand Prize is $2,659.94. The Grand Prize will have the option of either accepting the aforementioned Grand Prize package or a $1,800 cash award. The First Prize winner will have the option of accepting a Fender Standard Precision (Black Maple Fretboard) Bass Guitar with an ARV of $549.99, or a cash alternate of $400. The Second Prize winner will have the option of accepting a Fender Standard Stratocaster (Black Maple Fingerboard) Electric Guitar with an ARV of $499.99, or a cash alternate of $350. The Sweepstakes Grand Prize winner will receive a $1,000 cash award.
By accepting any of the aforementioned prizes, each prize winner agrees to release the Sponsor and Released Parties from any and all liability whatsoever for any injuries, losses, or damages of any kind caused by entering the promotion or for damages of any kind caused by any prize or resulting from acceptance, possession, or use/misuse of prize awarded, or while preparing for, participating in, and/or traveling to and from any prize-related activity. All local, state and federal taxes are the sole responsibility of winner. The prize is not exchangeable, transferable, or redeemable for cash. There are no substitutions unless specified by the Sponsor. The Sponsor reserves the right at its sole discretion to substitute any prize package with another prize of equal or greater value.
Winner Notification: The Contest Grand Prize, First Prize and Second Prize winners will be determined based on the aforementioned criteria, from among all eligible entries received, and will be notified on or about January 15, 2010. The Sweepstakes Grand Prize winner will be selected from among all eligible entries received, on or about January 15, 2010, by American Sweepstakes and Promotion Company (“the Administrator”), an independent judging organization, whose decisions are final in all matters relating to this Sweepstakes. Odds of winning a prize in either the Contest or Sweepstakes will depend on the total number of eligible entries received for each. Prize winners will be notified by telephone and/or USPS mail. Upon initial notification and verification of the prize winners, confirmation will be sent to winner via U.S. mail, or other home delivery service of Sponsor’s choice.
Prize Conditions: Prize winners are solely responsible for all applicable federal, state, and local taxes associated with the receipt of any prize. Prize winners will be required to sign an Affidavit of Eligibility and Liability/Publicity Release, and return it within 14 days of written notification. If a prize or prize notification is returned as unclaimed or undeliverable to a potential winner, if potential winner cannot be reached within three (3) calendar days from the first notification attempt, or if potential winner fails to return requisite document within the specified time period, or if a potential winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, an alternate winner may be selected for the prize at issue. Each winner’s entry into the Contest constitutes permission (except where prohibited) for the Sponsor (and those working by, through or at Sponsor’s designation) to use said winner’s name, photograph, likeness, statements, biographical information, voice and address (city and state), in all forms of media, in perpetuity, without notice or further compensation. Winners and finalists and their entries will be used for promotional and media purposes including, but not limited to, name, age, location, and Performance. Winners and finalists may be required to have discussions with Sponsor and Sponsor’s advertising, public relations and/or promotions agencies to obtain information for promotional and media purposes and conduct media interviews as needed
Terms & Conditions: This Contest is subject to all applicable federal, state, and local laws. By entering the Contest, entrants agree to release Sponsor and its parent company, subsidiaries, affiliates, retailers, distributors and advertising, public relations and promotion agencies, and its and each of their respective directors, officers, employees, shareholders, public relations and agents from any and all liability, loss, damage or injuries to any person (including death) or property of any kind sustained in connection with their participation in the Contest or from their acceptance, receipt, possession and/or use or misuse of the prize, or for any typographical or other error in the printing, offering or announcement of the prize. Entrants further acknowledge that said parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee express or implied, in fact or in law, relative to the prize, including, but not limited to, its quality or fitness for a particular purpose. Any person attempting to defraud or in any way tamper with the Contest mechanics and/or implementation will be prosecuted to the fullest extent of the law. By participating, entrants agree to waive any right to claim ambiguity in the Contest or these Official Rules. Sponsor reserves the right to disqualify any entrant that Sponsor determines, in its sole discretion, violates these Official Rules.
Winners List: To request a copy of the list of winners, please send a self-addressed, stamped business size envelope, by March 15, 2010, to: ASC/“Rock the Cheez” Contest Winner List, 300 State Street, Suite 402, Rochester, NY 14614.
Sponsor: Wise Foods, Inc. 245 Townpark Drive Suite 075, Kennesaw, GA 30144
For a short time the rules stated the promotion name was “Ultimate Rockin’ Roadie”; this was the concept name. The promotion name, as on the web pages, is “Rock the Cheez”.