NO PURCHASE NECESSARY TO ENTER OR WIN IN THE POM 2009 RECIPE CONTEST (”CONTEST”). Entry into this Contest constitutes your acceptance of these Official Rules.
CONTEST ENTRY DATES: Contest begins October 15, 2009 at 12:01 a.m. Pacific Standard Time (”PST”) and ends November 30, 2009 at 11:59 p.m. PST (”Contest Entry Period”).
WHO MAY ENTER: Open only to legal residents of the fifty (50) United States, District of Columbia and Canada (excluding residents of Quebec, Puerto Rico, U.S. Virgin Islands and Guam) who are of legal age of majority in their jurisdiction of residence (and at least eighteen (18) in the U.S. and nineteen (19) in Canada). Void in Quebec and where prohibited by law. Contest subject to all applicable federal, state and local laws and regulations. Employees of PomWonderful 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: The objective of the Contest is to submit an original recipe using PomWonderful Fresh pomegranates.
HOW TO ENTER: To enter, you must register for a profile account (“Profile”) at http://www.pomwonderful.com (“Contest Web Site”). During the Contest Entry Period, you must go to the Contest Web Site and log into your Profile to submit your original recipe (your “Entry”). To submit your Entry, use the Web form located at:http://pomwonderful.com/community/participate/contests/2009-fresh-recipe-contest/. 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:
All Entries must be received by November 30, 2009 at 11:59 p.m. PST. Limit five (5) Entries per Profile. For purposes of these Official Rules, “receipt” of an Entry occurs when Sponsor’s servers record the Entry information resulting from contestant clicking the “Submit” button.
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.
GRAND PRIZE JUDGING: Judging begins December 15, 2009 and ends January 14, 2010. All eligible Entries received will be judged by a select panel of PomWonderful employees who will serve as judges to determine the top ten (10) Entries (”Finalists”). 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 Finalist(s) from among such tied Entries based on the Judging Criteria. Sponsor reserves the right to select fewer than ten (10) Finalists if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries.
COMMUNITY FAVORITE VOTING: Visitors will be able to view all Entries on the Contest Web Site and vote for their favorite between 12:01 a.m. PST on December 1, 2009 and 11:59 p.m. PST on January 14, 2010 (”Online Voting Period”). Limit one (1) vote per person. Multiple votes received from any person or email address will be void. Votes generated by script, macro or other automated means or with the intent to impair the integrity of the voting system may, at Sponsor’s sole discretion, also be void. Finalists are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion. The Finalist(s) who receive the highest number of eligible votes, as determined by Sponsor in its sole discretion, will be deemed the Community Grand Prize winner. In the event of a tie, a tie-breaking judge will determine the applicable winner. All prize awards are subject to verification of eligibility and compliance with the terms of these Official Rules.
Judges’ and Sponsor’s decisions are final and binding.
FINALIST AND WINNER NOTIFICATION: Winner will be announced on or around January 15, 2010. Potential Finalists and/or 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”) 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 attempts to contact a potential Finalist and/or winner, Sponsor has been unable to do so, he/she will be disqualified. Any Canadian resident who is a potential winner of any prize must correctly answer a time-limited mathematical skill-testing question administered by telephone without assistance or mechanical or electronic aid in order to receive a prize. If a selected Canadian potential winner cannot be reached by telephone within a reasonable time period or answers the skill testing question incorrectly, as determined by Sponsor in its sole discretion, he/she may be disqualified, and, at Sponsor’s discretion, the prize will be awarded to an alternate winner. If a potential Finalist and/or winner is eligible but considered a minor in his or her state of permanent residence, Sponsor reserves the right to award the prize in the name of his/her parent or legal guardian who will be required to execute and return the Affidavit/Release and all other required documents on such Finalist and/or winner’s behalf as well as comply with any other requirements imposed on winner set forth herein. In the event it is determined that a potential Finalist and/or 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 Finalist and/or 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 Finalist and/or winner is disqualified for any reason, at Sponsor’s discretion, the Finalist with the next highest number of eligible votes may be declared the alternate winner.
PRIZES: ONE (1) GRAND PRIZE: A cash prize of US$4,000 which shall be paid in eleven (11) monthly installments of approximately US$363.64 commencing February 2010 through December 2010 (“Payment Period”). Each monthly installment will be paid to the winner upon the receipt of one (1) blog post from the winner for each month of the Payment Period. Approximate Retail Value (“ARV”): US$4,000.00. ONE (1) COMMUNITY GRAND PRIZE WINNER: A POM Pack of POM Wonderful POM Products, which shall include one (1) of each available flavors for POM Juice, POMx Iced Coffee, POMx Tea and POMx Bars. Approximate Retail Value (“ARV”): US$29.94. Total ARV of all prizes: US$3,029.94. 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. Federal, state and local taxes and other expenses not specified herein are winners’ sole responsibility. Prizes are non-negotiable and not redeemable for cash, credit or merchandise except as specified. No substitutions or cash redemption of the prizes is permitted except that Sponsor retains the right to substitute a prize of comparable or greater retail value. Additional restrictions may apply.
GENERAL CONDITIONS: Winning constitutes permission (except where prohibited by law) for Sponsor and its designees to use 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. 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 web site or for any other technical malfunctions of electronic equipment, computer on-line systems, servers, or providers, computer hardware or software failures, 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 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 January 20, 2010), please send a self-addressed stamped envelope by March 20, 2010 to: POM 2009 Recipe Contest Winners, Attention: POM Marketing Dept., 11444 West Olympic Blvd., 2nd Floor, Los Angeles, CA 90064. Winners’ names will also be posted on the Contest Web Site.
SPONSOR: PomWonderful LLC, 11444 West Olympic Blvd., 2nd Floor, Los Angeles, CA 90064.
Related Articles:
2 responses to “POM 2009 Recipe Contest Official Rules”
Leave a Reply
This is actually a question!
In your list of rules, you mention, (i.e. if one is the winner), that you will only pay upon receipt of a blog post, so does these blog posts have to contain recipes & pictures of brand new recipes using Pom or can it be just anything about Pom?
I just submitted my recipe and found that that picture was being cropped and it lost it’s original size and the top part of the picture is missing. Is there any way to edit the submitted recipes and pictures?
Also, Do you check the recipes posted in the blog or just the recipes submitted in this community?
I would appreciate a reply.
Thanks
Thas
Your contest doesn’t seem to be working anymore. My recipe is missing. There used to be 11 pages of recipes, but now it’s down to 11 pages.
If I find my recipe, it’s just a recipe, not in the contest, and there’s no way to vote for it anymore.
help!
Roland
Oops! I meant it’s down to 5 pages from 11.