| The "Real Men Eat Gardenburger®" Contest Official Rules |
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OFFICIAL RULES No purchase necessary. Void where prohibited. The "Real Men Eat Gardenburger®" Contest is open to legal residents of the 50 U.S. & D.C., 18 & older as of September 12, 2007. Begins 12:01 a.m. PT on September 12, 2007 & ends 12:00 p.m. PT on October 17, 2007. For official rules, visit www.realmeneatgardenburger.com. Sponsored by Wholesome & Hearty Foods Co. |
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1. CONTEST PERIOD. The "Real Men Eat Gardenburger®" Contest (the "Contest") begins 12:01 a.m. PT on September 12, 2007 and ends 12:00 p.m. PT on October 17, 2007 (the "Contest Period"). 2. ELIGIBILITY CRITERIA. Entrant must be a legal resident of the 50 United States or the District of Columbia, who is 18 years of age or older at the time of Entry. Nominee must be a male legal resident of the 50 United States or the District of Columbia, who is 18 years of age or older at the time of Entry. Nominator and nominee may be the same person, as long as he meets the nominee’s eligibility criteria. Employees of Wholesome & Hearty Foods Co. ("Sponsor"), Votigo.com, their affiliates, subsidiaries, advertising and promotion agencies, their immediate family members and/or those living in the same household of each, are not eligible. The Contest is void where prohibited or restricted by law and is subject to all applicable federal, state and local laws. 3. HOW TO ENTER. During the Contest Period, you may enter online by visiting www.realmeneatgardenburger.com (the "Contest Website"), clicking the contest link to go to Votigo.com and submitting a photograph (in .jpeg format and no larger than 5MB in file size), of you or your nominee, and a 500-character or less essay that describes what makes you or your nominee a "Real Man" ("Entry" or "Entry Materials"). If you are not submitting photo of yourself, you must notify the nominee to let him know you are entering on his behalf, so that he may provide approval of use of such photo. By entering, you and/or the nominee agree to waive any rights you and/or nominee may have to the photo/essay submitted. Any Entry Material or portion thereof that is, in the Sponsor's sole discretion, obscene, profane, lewd, defamatory, contains any third party materials otherwise violates or infringes (or may infringe) any copyright, trademark, logo, mark that identifies a brand or other proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity, or is otherwise objectionable, will not be considered and may disqualify the Entrant/nominee. Therefore, clothing worn in the photo should not contain any visible logos, drawings, cartoons, phrases, trademarks or other third-party materials. Entrants may not copy or otherwise plagiarize the Entry Material from any source. Sponsor has the sole discretion to determine whether a photo/essay qualifies as an Entry. Any Entry not in compliance with the above and does not meet the Contest Website requirements will be disqualified. Entrant, as nominator, hereby represents and warrants that: (1) all Entry Material submitted is wholly original to and created by the Entrant or nominee, and has not been copied in whole or in part from any other work and has not won any previous awards or competitions; (2) the Entry Material is the Entrant's exclusive work and does not infringe upon or otherwise violate the copyright, trademark, privacy, publicity or other proprietary rights of any third party; (3) the Entrant has the full and exclusive right and authority necessary to submit the Entry Material in the Contest and to grant the rights granted herein and in the Grant of Rights/Release without permission from or payment to any third party; (4) Entrant and nominee meet all the eligibility requirements and have not engaged in any of the disqualifying activity set forth herein; and (5) Entrant agrees to the terms and conditions of Votigo.com. All entries submitted become the property of the Sponsor and will not be returned. Normal Internet access and usage charges imposed by Entrants' online service will apply. Limit one Entry per person. No information regarding entries or judging, other than as otherwise set forth in the Official Rules will be disclosed. Each Entrant and/or nominee grants to Sponsor the right to use, publish, and broadcast his/her Entry, name, voice, photo, portrait, image and likeness in all media and types of advertising and promotion. Entrants agree that all rights to the Entry belong to them and the Entry does not infringe, misappropriate or violate the rights of any third party including, but not limited to, copyright, trademark, or other intellectual property rights, rights of publicity or privacy or defamation, or portrayal in a false light. Each Entrant certifies that he/she or the nominee has appeared in the photo. Each Entrant (and nominee) hereby grants the Sponsor, its affiliates, subsidiaries, assigns, licensees, and legal representatives the irrevocable, perpetual, worldwide right to use, reproduce, edit, market, store, distribute, have distributed, reproduce, re-arrange, change, add to or delete from, translate, adapt or otherwise revise and/or alter the Entry Material and or blur or distort the entrant/nominee or any place or item depicted in the photo, or any display thereof, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote the Entry materials, for editorial, commercial, promotional and all other purposes. In addition, entrant (and nominee) hereby assign to the Sponsor all royalty-free, non-exclusive rights, titles, and interests that he may be deemed to have in any reproduction, product, or derivative work using or incorporating the Entry Material. Any Entry Material deemed in violation of the Official Rules, as determined by Sponsor in its sole discretion, will not be accepted and will be deemed ineligible to win the prize. Incomplete Entries will be disqualified. 4. PRIZE AND APPROXIMATE RETAIL VALUE ("ARV"). One (1) Grand Prize (awarded to nominee listed on winning entry): A one-year supply of Gardenburger® brand product, awarded as 52 coupons for a 10 ounce box of Gardenburgers, a catered party for up to 25 people at a mutually agreed upon location by Sponsor and winner, a Ducane Stainless Steel 5-Burner LP Gas Grill, a 42" Sponsor-specified flat screen TV. ARV: $3,175. Caterer to be chosen at the Sponsor's sole discretion. 5. VOTING. The public voting will take place between 12:01 a.m. PT on October 18, 2007 through 12:00 p.m. PT on November 8, 2007 ("Voting Period") by accessing www.votigo.com or by clicking the contest link on www.realmeneatgardenburger, clicking on the contest link and following the voting instructions. Individuals must be 18 years or older to vote. Individuals may vote only one time per day during the Voting Period. In the event of a tie during the Voting Period, Sponsor will make the final determination as to the 5 Finalists (as defined below). The use of robotic or automatic devices for voting is prohibited and Sponsor reserves the right to nullify all such votes and to disqualify from voting the responsible individual. 6. JUDGING. At the conclusion of the Voting Period, the 5 eligible entries with the highest scores ("Finalists") will be posted on www.realmeneatgardenburger.com, to be viewed (but not judged) by members of the general public. The Finalists will then be judged by the Sponsor, to determine the Grand Prize winner, on the basis of the following judging criteria: Depiction of "Real Man" concept in essay/photo (25%); Depiction of Healthy Living as seen in photo and essay (25%); Most Compelling and Well-Written Essay (25%); Earth-Friendliness of Essay/Photo (25%). In the event of a tie during the judging phase, tied entries will be rejudged by the judges based solely on Depiction of "Real Man" concept in essay/photo. Decisions of judges/Sponsor are final with respect to all matters relating to this Contest. 7. WINNER NOTIFICATION. The potential Grand Prize winner (nominee) will be notified by phone and/or mail and may be required, along with the corresponding nominator, if applicable, to complete, sign and return, a notarized Affidavit of Eligibility, liability/publicity release (where legal) and assignment of rights (where applicable) within 5 days from the postmark date on the prize notification letter or prize may be forfeited and an alternate winner determined. Nominee will be responsible for obtaining an executed affidavit from the corresponding nominator, if applicable. Return of prize or prize notification as undeliverable may result in disqualification and alternate determination. Income and other taxes related to the prize are winner's sole responsibility. 8. GENERAL RULES. By participating in the Contest, each Entrant agrees to these Official Rules and to the decisions of the judges, whose decisions are final and binding in all respects. All federal, state and local laws and regulations apply. Unless otherwise prohibited by law, submission of Entries constitutes permission to use the Entrant's name, likeness, biographical information, Entry Materials and if applicable, any advertising materials developed, for advertising and publicity purposes, without compensation. All Entries will be declared made by the authorized account holder of the email address submitted at the time of Entry. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, on-line 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. Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the Entry or voting process or the operation of the Contest or Contest Website; violates the Official Rules or submission guidelines outlined in the Contest Website; or acts in an unsportsmanlike, disruptive or inappropriate manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL 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, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor and its agents are not responsible for technical, hardware, or software malfunctions, telephone failures of any kind, lost or unavailable network connections, lost, late, incomplete, garbled or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or utilized in this Contest which may limit the ability to participate or by any human error which may occur in the processing of the submissions or votes in this Contest. Sponsor reserves the right to cancel the Contest if it becomes technically corrupted, and determine the winners from eligible entries received prior to cancellation. Nominators, nominees and winners agree to be bound by these Official Rules and the decisions of the Sponsor and judges, which are final and binding. BY ACCEPTING PRIZE, THE WINNER AGREES THAT EMPLOYEES OF WHOLESOME & HEARTY FOODS CO., VOTIGO.COM, DON JAGODA ASSOCIATES, INC., THEIR AFFILIATES, SUBSIDIARIES, ADVERTISING AND PROMOTION AGENCIES, AND ALL OF THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES AND ASSIGNS, MEMBERS, REPRESENTATIVES AND AGENTS, WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE HELD HARMLESS BY WINNER FOR ANY LIABILITY FOR ANY INJURY, LOSS OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING DEATH, AND PROPERTY, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE OR PARTICIPATION IN THIS CONTEST OR PARTICIPATION IN ANY CONTEST OR PRIZE-RELATED ACTIVITY. 9. WINNER. For the name of the Grand Prize winner, available on or about November 19, 2007, visit www.realmeneatgardenburger.com. 10. SPONSOR. The Sponsor of the Contest is Wholesome & Hearty Foods Co., P.O. Box 160427, Freeport Center, Clearfield, UT 84016. |