GOLDFISH TALES MONTHY PROMOTION
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
The Goldfish Tales Monthly Promotion (the “Promotion”) invites you to create and share a video/artwork/photo of a time when Goldfish crackers added smiles to you and your loved ones’ lives. You may either (1) follow our monthly challenge theme (the “Theme”) in the video/artwork/photo of a Goldfish Tale you create and share to enter the competition portion of the Promotion (the “Contest”) or (2) create and share any type of Goldfish Tale to enter the random chance drawing (the “Sweepstakes”). If you enter the Contest, you will also be automatically entered into the Sweepstakes. To enter the Sweepstakes neither by entering the Contest nor by submitting another type of Goldfish Tale, see the “How to Enter the Sweepstakes” section below. The Promotion is intended for viewing in and participation from the 50 United States and District of Columbia only and will be governed according to the laws within the United States. You may not participate in the Promotion if you are not a legal resident of the 50 United States or the District of Columbia. Please visit www.GoldfishSmiles.com (Website”) for further information and inspiration.
PROMOTION TIMETABLE: This month’s Promotion begins at 12:00:01 a.m. Eastern Time (“ET”) on May 1, 2016, and ends at 11:59:59 p.m. ET May 31, 2016 (“Promotion Period”). Entries must be created, shared and received by Sponsor during the Promotion Period. Potential winners will be determined and contacted within approximately two to three weeks after the Promotion Period’s end date.
Sponsor’s computer will be the official clock of the Promotion.
ELIGIBILITY: The Promotion is open only to legal residents of the 50 United States and the District of Columbia, who are 18 years of age or older (or 19 for residents of AL & NE) (“Entrants”). Employees, directors and officers of Pepperidge Farm, Incorporated, (the “Sponsor”), Brandmovers, Inc. (“Administrator”), and any of their respective affiliates, parent companies, subsidiary companies, and advertising and promotion agencies (collectively the “Promotion Entities”), and members of the immediate families of the foregoing individuals (spouses, parents, children, and siblings and their respective spouses, regardless of where they reside), and/or those living in the same household of each are not eligible to participate or win. Void where prohibited.
HOW TO ENTER THE CONTEST: To enter the Contest, during the Promotion Period, create artwork, a video or a photo along with a caption depicting the Miniature Scenes theme (“Theme”) (i.e. artwork, a photo or a video of a fun-filled miniature model containing Goldfish® crackers) (the “Contest Submission”). A photo of a Goldfish® cracker for inclusion in your Contest Submission is available here if you do not have access to an actual Goldfish cracker. Then, upload your Contest Submission to your account on either (1) Instagram or (2) Twitter (respectively, your “Account”) and include the hashtag #GoldfishTalesPromotion in the caption. Limit One (1) Contest entry per person per day during the Promotion Period regardless of the method of entry/Account platform. For example, if you submit an entry via your Twitter Account and another or the same entry via your Instagram Account, you may receive only one (1) entry to the Contest for that day. Anyone attempting to submit more than one (1) entry per day may be disqualified from the entire Promotion at Sponsor’s sole discretion. Standard data rates may apply to entries submitted via mobile device. Contact your mobile device data service provider for details. The individual registered to the email address connected to the Account which shares the Contest Submission will be defined as the Entrant of the Contest.
HOW TO ENTER THE SWEEPSTAKES: There are three ways to enter the Sweepstakes, during the Promotion Period: (1) you may submit an eligible Contest Submission, which will automatically enter you into the Sweepstakes; (2) you may not follow the Theme and instead create and share another type of Goldfish tale in artwork, a photo or a video with caption that includes the hashtag #GoldfishTalesPromotion via your Twitter or Instagram account for an entry into the Sweepstakes; or (3) you can send an email with your full first and last name, street address, city, state, zip code, date of birth, and telephone number, with Goldfish Tales May Promotion in the subject line to: GoldfishTales@brandmovers.com. A photo of a Goldfish® cracker for inclusion in your Contest Submission is available here if you do not have access to an actual Goldfish cracker. Limit one (1) Sweepstakes entry per person/email address/Account/Day during the Promotion Period, regardless of the method of entry/Account platform. Sponsor is not responsible for lost, late, damaged, returned or delayed entries.
For the Contest and/or Sweepstakes, all entries must be submitted by 11:59:59 p.m. ET on May 31, 2016 and comply with the Content Requirements set forth below in these Official Rules. Your Account must be set to non-private during the Promotion Period so that Sponsor and Administrator may identify your entry by a public hashtag search. If you do not have a Twitter or Instagram Account, please visit www.twitter.com or www.instagram.com or the applicable “app” on your device for more details.
CONTENT REQUIREMENTS: Your submission must comply with, at the Sponsor’s sole discretion, the following “Content Requirements” to be eligible for the Contest and/or Sweepstakes, as applicable.
By entering, you represent and warrant that your entry, including any artwork, photo, video and/or caption, is in compliance with all of the foregoing Content Requirements. You agree to indemnify, defend and hold Sponsor harmless against any and all liabilities, losses, damages, claims, debts, investigations, fines, penalties, costs, expenses and settlements (including attorneys' fees and costs of litigation, settlement, judgment, interest and penalties) arising out of or related to a breach of the foregoing representations and warranties. By entering, you understand and agree that your entry may be posted on the Website, Sponsor's social media pages, in Sponsor's apps and in any other marketing or promotional materials in any medium now known or hereinafter developed at Sponsor’s sole discretion without prior approval or compensation. By entering, you grant to the Sponsor and its licensees a world-wide, perpetual, non-revocable, royalty-free, sub-licensable license to publish your entry as well as derivative works based thereon on the Website, in Sponsor’s apps, on social media, and through any and all other media, now known or hereafter devised, in any manner related to the Promotion, without prior notice, approval or compensation. You represent and warrant that you have received all permissions from individuals appearing or referenced in your entry to grant the rights granted herein (and evidence of such rights must be provided upon Sponsor’s request) and that Sponsor and its licensee’s use of the entry as provided for herein will not violate the rights of any third party. Sponsor reserves the right to reject any entry that, in its sole and absolute discretion, is determined not to meet the above specifications.
SWEEPSTAKES WINNER SELECTION: On or about June 1, 2016, five (5) potential Sweepstakes winners will be randomly selected from among eligible entries received throughout the Promotion Period, to be conducted by Administrator. Odds of winning a prize depends on the number of eligible entries received. Potential Sweepstakes winners will be notified by email, direct message and/or comment to their Twitter or Instagram Entry post on or about June 1, 2016. Failure to respond to the email or comment notification within three (3) days will be deemed forfeiture of the Sweepstakes Prize and an alternate potential Sweepstakes Prize winner may be selected at Sponsor’s sole discretion. Limit one (1) Sweepstakes Prize per person/Account/email address.
CONTEST JUDGING: All eligible Contest Submissions submitted and approved by the Sponsor will be judged based on the following criteria: a) Originality/Creativity (defined as a combination of execution and novelty of concept) – 24.5%; b) Adherence to the Contest theme – 51%; and c) Clarity/Quality (defined as perceived level of effort and attention to detail) – 24.5% (“Judging Criteria”). Contest Submissions will be judged by representatives of the Sponsor (“Judges”). No information regarding Contest Submissions or judging, other than as otherwise set forth in these Official Rules will be disclosed and Judges’ decisions are final. From among all eligible Contest Submissions received, the one (1) with the highest overall score will be deemed the potential Contest Prize winner, subject to verification. The potential Contest Prize winner will be notified by direct message and/or comment to Entry post via Instagram or Twitter, and will also be posted on Sponsor’s Instagram and/or Twitter Page within approximately 2-3 weeks after the Promotion Period’s end date. Failure to respond to the message notification within three (3) days will be deemed forfeiture of the Contest Prize and an alternate potential Contest Prize winner may be selected at Sponsor’s sole discretion, to the entrant who had the second to the highest overall score using the Judging Criteria set forth above. In the event of a tie, the tie will be broken in favor of the entrant who had the highest overall score in the Adherence to the Contest Theme criteria (followed by the Originality/Creativity and then the Clarity/Quality criteria, as necessary) from among all tying entrants.
PRIZES AND APPROXIMATE RETAIL VALUE (ARV): One (1) Contest Prize: The Contest Winner will receive one thousand dollars ($1,000.00 USD). Total Contest Prize ARV: $1,000.00. Five (5) Sweepstakes Prizes: Each of five (5) Sweepstakes Winners will receive a $100.00 photo book gift card from digital photo provider as selected by Sponsor in its sole discretion. ARV: $100.00 each. Total Sweepstakes Prize ARV: $500.00 USD. The Contest Prize will be awarded in the form of a check or cash at Sponsor’s sole discretion. Gift cards are subject to the terms, conditions and restrictions as printed on the cards. Prizes consist of only those items specifically listed as part of the prize. Limit one (1) prize per person/Account/email address. For clarity, you may not win the Contest Prize and the Sweepstakes Prize, nor can you win multiple Sweepstakes Prizes.
CONDITIONS APPLICABLE TO ALL PRIZES: Prizes are nontransferable, except at Sponsor’s sole discretion. Prize details and availability are subject to change, in which case Sponsor may substitute a prize of equal or greater value. No substitutions or cash redemptions, except at Sponsor’s sole discretion. Any portion of prize not used by winner is forfeited and no cash substitute will be offered or permitted. Prize is provided “as is” with no warranty or guarantee either express or implied by Sponsor. Awarding of all prizes is subject to verification of eligibility, submission of all required Assignment and Release Forms, and compliance with these Official Rules and applicable law. Sponsor reserves the right to request, in its sole discretion, and Entrant agrees to cooperate with Sponsor’s request to have a background check done on any Prize winner.
CLAIMING PRIZES: Contest prize winners and Sweepstakes prize winners are subject to verification by Sponsor. Winners may be asked to complete, sign and return the Affidavit of Eligibility, Waiver of Liability, Publicity Release Forms (where legal), or an Prize Acceptance Eligibility/Liability Release and certain tax documents, and, if so, all such documents must be signed and returned to Sponsor within seven (7) days of the date Sponsor sends them to winner or prize may be forfeited. If there is noncompliance with these Official Rules, if prize notification or attempted notification is returned as undeliverable, if winner is deemed ineligible for any reason, or prize winner declines prize offered, prize will be forfeited and awarded to the next highest rated entry (in the case of the Contest) and by random drawing from remaining eligible entries received for that drawing (in the case of the Sweepstakes). All properly claimed prizes will be awarded provided a sufficient number of eligible entries are received, but in no event will Sponsor award more prizes than are provided for in these Official Rules. By participating in the Promotion, all participants acknowledge compliance with and agree to be bound by these Official Rules, the decisions of Sponsor, which are final in all respects, and all federal, state, and local laws and regulations.
CONDITIONS: All federal, state and local taxes are the sole responsibility of winners. Each winner grants Sponsor a royalty-free worldwide right and license to use and publish his/her first name, first initial of last name, city/town and state of residence in connection with the Promotion. Acceptance of a prize constitutes permission for Sponsor and its affiliates and licensees to use winners’ names and likenesses for advertising and promotional purposes as Sponsor so determines without notice or further compensation, except where prohibited by law. By participating in the Promotion, winners agree to release and hold the Promotion Entities, Instagram, Twitter, and their respective directors, officers, employees, affiliates and assigns, harmless against any and all claims and liability arising out of Promotion participation and (if applicable) acceptance/use of the prize and prize-related activity. Entrants assume all liability for any injury or damage caused, or claimed to be caused by participation in this Promotion or acceptance/use of any prize or prize-related activity. Sponsor is not responsible for any typographical or other errors in the printing, the offering, the announcement of any prize, or in the administration of the Promotion. Sponsor reserves the right, in its sole discretion to modify, terminate or suspend this Promotion should viruses, bugs, technical errors, unauthorized human intervention or other similar causes corrupt or impair the administration, security or fairness of the Promotion (“Disruption”). If the Promotion is subject to Disruption, Sponsor may award (as applicable) (i) the Sweepstakes prizes via a random drawing from among all eligible, non-suspect entries received for the Sweepstakes up to the time of the Disruption and/or (ii) the Contest Prize via application of the Judging Criteria to those eligible entries received up to the time of the Disruption. Sponsor is not responsible for interrupted or unavailable network, server or other connections, miscommunications, failed telephone, computer hardware, software and other technical failures of any kind, including injury or damage to any person's device relating to or resulting from participating in or experiencing any materials in connection with the Promotion. Sponsor is not responsible for any human error that may occur in the processing of the Promotion or any vote tally, nor is it responsible for any error, omission, interruption, deletion, defect, communications line failure, theft or destruction of, unauthorized access to, delay in operation, transmission, or distribution of, or alteration of, entry or voting procedure, whether caused by the participant, voter, or otherwise, any of the equipment or programming associated with or utilized in this Promotion, or otherwise. Sponsor reserves the right, in its sole discretion, to disqualify any individual found to be tampering with the entry or voting process or the operation of the Promotion; to be acting in violation of these rules; or to be acting in an unsportsmanlike or disruptive manner or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, automatic, programmed or similar entry or voting methods will void all such Entries or votes and Entrant or voter will be disqualified. Any attempt by any Entrant to submit entries using multiple/different identities or any other methods will void all such entries, and that Entrant will be disqualified. Entries generated by script, macro or other automated means or which subvert the entry process are void. If there is a dispute, all Entries will be deemed to have been submitted by the owner of the email account holder associated with registration of the Twitter or Instagram account for that entry. For these purposes, an email account holder means the natural person assigned to such email account by the organization responsible for assigning email addresses for the associated domain. INTERNET CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR APPLICATION OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION 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 INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING CRIMINAL PROSECUTION. Neither the failure of Sponsor to insist upon or enforce strict performance of any provision of these Official Rules nor the failure, delay or omission by Sponsor in exercising any right with respect to any term of these Official Rules, will be construed as a waiver or relinquishment to any extent of Sponsor’s right to assert or rely upon any such provision or right in that or any other instance.
DISPUTE RESOLUTION/CHOICE OF LAW: All decisions of the Sponsor with regard to this Promotion are final. Except where prohibited, each Entrant and winner accepting a prize agrees that: (i) all issues and questions concerning these Official Rules will be governed by New Jersey law without giving effect to any principles of conflicts of law of any jurisdiction; (ii) any and all disputes, claims and causes of action at law or in equity arising out of or relating to this Promotion or any prize awarded will be settled by binding arbitration in accordance with commercial arbitration rules, on an individual basis, not consolidated in any arbitration with any claim or controversy of any other party, and conducted in the State of New Jersey, City of Camden. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Promotion. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Promotion, entrants irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the City of Camden in the State of New Jersey. Entrants agree not to raise the defense of forum non conveniens.
Any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees; and under no circumstances will any Entrant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental, special, 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.
WINNERS LIST: For a list of winners, send a self-addressed, stamped (#10) envelope to: Goldfish Tales May Promotion, c/o Brandmovers, 590 Means Street, Ste 250, Atlanta, GA 30318 to be received by July 31, 2016.
PRIVACY POLICY: Sponsor is collecting personal data about entrants solely for the purpose of administering this Promotion. No further informational or marketing communications will be sent by Sponsor to the entrants unless entrants provide Sponsor with permission to do so. Please see Sponsor’s Privacy Policy at http://www.campbellsoupcompany.com/privacy-policy/ for further information.
SPONSOR: Pepperidge Farm, Incorporated, 595 Westport Ave, Norwalk, CT, 06851
ADMINISTRATOR: Brandmovers, 590 Means Street, Ste 250, Atlanta, GA 30318
This Promotion is in no way sponsored, endorsed or administered by or associated with Instagram or Twitter. You understand that you are providing your information to Sponsor and not to Instagram or Twitter.