NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: Barilla's Mealtime Moments Contest (the "Contest") is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry and who did not purchase any equipment for the purposes of entering this Contest. Employees of Barilla America, Inc., imc2, LLC, Bazaarvoice, Inc., Arrowhead Promotion and Fulfillment Co., Inc., G.W. Hoffman, PSC Group, LLC, BrickFish, ePrize, LLC, and any of their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. Subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
2. Sponsor: Barilla America, Inc., 1200 Lakeside Drive, Bannockburn, IL 60015. Administrator: ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069.
3. Agreement to Official Rules: Participation in this Contest constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor's and Administrator's decisions, which are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. Timing: The Contest begins on June 1, 2010 at 12:00 a.m. (midnight) Eastern Time ("ET") and ends on September 10, 2010 at 11:59 p.m. ET (the "Contest Period"). The Contest consists of sixteen (16) entry periods (each an "Entry Period") each of which begins on a Tuesday at 12:00 a.m. ET and ends the following Monday at 11:59 p.m. ET, except for the final Entry Period which begins on September 7 and ends on September 10, 2010. Sponsor's computer is the official time-keeping device for the Contest.
5. How to Enter: During the Contest Period, visit http://www.BarillaUS.com and follow the links and instructions to complete and submit the registration form, including a valid home address. P.O. Boxes are not permitted. Then, follow the directions to submit one (1) story of the way your family has made mealtime more meaningful and, if you choose, upload one (1) optional photo to complement your story (story and photo, if one is submitted, are collectively referred to as the "Submission"). Once you successfully upload your Submission, you will automatically receive one (1) entry into the Contest. By uploading your Submission, you agree that it conforms to the Submission Guidelines and Content Restrictions as defined below (collectively, the "Guidelines and Restrictions") and that Administrator or Sponsor, may disqualify you from the Contest if either believes, in their sole discretion, that your Submission fails to conform to the Guidelines and Restrictions.
Submission Guidelines:
Content Restrictions:
Limit: Each entrant may enter the Contest up to five (5) times during the Contest Period. Submissions received from any person or email address in excess of the stated limit will be void and entrant may be disqualified. Submissions generated by script, macro or other automated means are void. Entrant must have permission from all individuals appearing in or mentioned in the Submission (if any) (or from parent or legal guardian, if individual is a minor) to use their name and likeness in the Submission and to grant the rights set forth herein and will defend and indemnify the Released Parties in full for any breach of this provision. If requested, entrant must be able to provide such permissions in a form acceptable to Sponsor. Uploading a Submission constitutes entrant's consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, entrant will sign any documentation required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission. Released Parties (as defined in Section 9, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions, all of which will be void.
In the event of a dispute regarding any Submission, the authorized account holder of the email address used to register will be deemed to be the registrant or player. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being an authorized account holder.
6. Winner Determination: Within three (3) weeks after the conclusion of each Entry Period, a panel of qualified judges determined by Sponsor in its sole discretion will select one (1) potential winner from among all eligible Submissions received during the applicable Entry Period, based on an application of the following criteria ("Judging Criteria"):
In the event of a tie, the entrant whose Submission received the higher score for Originality, as determined by the qualified judges in their sole discretion, will be deemed the potential winner of the applicable prize. Non-winning Submissions will carry over into subsequent Entry Periods, for the purpose of judging. Sponsor reserves the right to select fewer than the stated number of winners, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions.
7. Winner Requirements: Potential winners will be notified by the email provided on the entry submission and will be contacted at least one (1) time, within a week of being selected as a potential winner. The final potential winner will be notified on or around October 1, 2010. If a potential winner cannot be contacted within seven (7) business days, does not comply with these Official Rules, or prize is returned as undeliverable, potential winner forfeits the prize. If a potential winner is disqualified for any reason, the prize may be awarded to a runner-up determined by the qualified judges, in Administrator's and/or Sponsor's sole discretion. Only three (3) alternate winners may be determined for each prize, after which the applicable prize will remain un-awarded. Acceptance of any prize shall constitute and signify each winner's agreement and consent that Sponsor and its designees may use the winner's name, city, state, likeness, Submission and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Sponsor reserves the right to modify, edit, crop, or otherwise alter any Submission, without notice to or permission from entrant. Without limiting the generality of these Official Rules, winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Submission and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Winner accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Winner will indemnify Sponsor, Released Parties (as defined in Section 9, below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of any of the terms and conditions contained in these Official Rules. Prizes will be fulfilled 8 – 10 weeks after winner determination.
8. Prizes: SIXTEEN (16) GRAND PRIZES (1 per Entry Period): A $500 Target gift card that may be used to purchase groceries, terms and conditions apply. Approximate Retail Value ("ARV"): $500. Prizes are non-transferable and no substitution or cash redemption will be permitted unless Administrator or Sponsor, in their sole discretion, determines otherwise. Should the designated prize become unavailable for any reason, Sponsor reserves the right to substitute a prize with one of equal or greater value. Winners are responsible for all federal, state and local taxes and any other costs, expenses or fees associated with prize acceptance and/or use not specified herein as being provided. Limit: One (1) prize per person.
9. Release: By receipt of any prize, winner agrees to release and hold harmless the Sponsor, imc2, LLC, Bazaarvoice, Inc., Arrowhead Promotion and Fulfillment Co., Inc., G.W. Hoffman, PSC Group, LLC, BrickFish, Administrator and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company's officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.
If a winner resides in the State of California, such winner agrees to waive any and all right that they or any party claiming by, through or for them have, have had, may now have or hereafter will have under the provision of Section 1542 of the civil Code of the State of California and any similar provision in any other jurisdiction. Section 1542 provides as follows:
"A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing a release, which if known by him or her must have materially affected his or her settlement with the debtor."
10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. If terminated, Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys' fees) 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.
11. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Contest or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third-party use of any Submission.
12. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims 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 the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) 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 (3) under no circumstances will entrant be permitted to obtain awards for, and entrant 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
13. Entrant's Personal Information: Information collected from entrant is subject to ePrize, LLC's Privacy Policy http://www.eprize.com/privacy-policy and Sponsor's Privacy Policy http://www.barillaus.com/Pages/privacy-policy.aspx.
14. Winner List: Winner List requests will only be accepted after the promotion end date (listed above) and no later than February 1, 2011. For the Winner List, send an email with subject line: "Barilla's Mealtime Moments Contest, Winner List Request," to WinListRequests@eprizefulfillment.com.
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