“Milk-Bone 100th Anniversary” Contest (The “Contest”) OFFICIAL Rules and Regulations
This Contest is intended for viewing
and participation in the 50 United States and
Washington
only and shall be construed and evaluated according to the laws of the 50 United States and Washington D.C. Please do not enter if you are not
a legal resident of, and not located in, one of the 50 United States or Washington D.C.
at time of entry. VOID OUTSIDE THE
50 UNITED STATES AND D.C. AND WHERE PROHIBITED BY LAW.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
1. Contest Period: Starting January 31, 2008 at 9:00:00 AM Central Time (“CT”)
and ending September 18, 2008 at 11:59:59 PM CT (the “Contest Period”).
2. Eligibility: To enter and be eligible
to win, you must be a legal resident of the 50 United States or Washington, D.C.,
be 18 years of age or older, have a valid email address, and be the legal owner
of a dog. Persons in any of the following
categories are NOT eligible to participate or win a prize: (a) any person who, at
any time on or after January 31, 2008, was or is a director, officer, or employee
of Del Monte Corporation (the “Sponsor”), or its parent, subsidiaries, franchisees,
or service agencies; (b) individuals engaged in the development, production or distribution
of materials for the Contest or engaged in the administration or execution of this
Contest (collectively with the entities in 2(a), the “Contest Entities”), and (c)
persons who are or purport to be immediate family members (defined as biological
or step-mother, father, sister, brother, daughter, son or dependent or spouse of
any of the foregoing) of any person in any of the preceding categories, regardless
of where they live, or who reside in the same household (i.e., live in the same
household for at least 3 of the 12 months preceding the start of the Contest Period,
whether related or not) as any person in any of the preceding categories. In addition,
entrants may not: 1) be the winner during the 24-month period prior to January 31,
2008 of a prize in a
promotion for any of the following brands:
Canine Carry Outs®, Cycle®, Gravy Train®,
Jerky Treats®, Kibbles ‘n Bits®,
Meaty Bone®, Milk-Bone®, Nature’s Recipe®,
Pup-Peroni®, Reward®, Skippy®, Snausages® or other Snausages® varieties (the “Del Monte Pet Products”); or 2) be a spokesperson for, or own a dog that
is providing promotional services to, a competitor of the Del Monte Pet Products,
as determined by Sponsor. Void outside the
50
and Washington D.C, and where prohibited by law. Contest is subject to all applicable federal, state and local laws.
3. How To Enter
And Upload Your Photo/Video Clip and Essay: There are three methods
of entry:
a.) Online:
Visit www.Milk-Bone.com (the “Web Site”). To enter, read these Official
Rules and follow the instructions
to register and
upload a “Photo” (format: jpeg, with a file size of no more than 500 KB) or a “Video
Clip” (format: flv, .mov, .wmv;
duration: up to 30 seconds;
size: under 5 MBs) of you and your dog, of which you must be the
legal and registered owner (“Dog”) spending a moment together,
or your son/daughter
(whether biological or adopted, and
who has not reached the age of majority in your state of residence) (a “Child”) and your Dog spending a moment together (see Rule #5 below for Criteria)
or you, your Child and your Dog spending a moment together, along with a short essay
of up to 250 characters describing the moment. The filename should be comprised of only letters, numbers and the following
2 symbols: “-”, “_” (hyphen and underscore). Photos/Video clips must have been taken/recorded
within 180 days of the date of the submission of your entry, and uploaded
no later than September 18, 2008 at 11:59:59 PM CT.
b. Mail-in:
Send your Photo or Video Clip along with your name, full address, date of birth,
email address and phone number (including area code) and a short essay, typed or
handwritten, to: “Milk-Bone 100th Anniversary Contest – Mail-in Entry”, P.O. BOX
1282, South Bend, IN 46624-1282, postmarked by September 18, 2008, and received
by September 25, 2008. If you choose to enter with a Photo, this must be either
stored on a CD or DVD (following the type of format and size guidelines for online
Photo entry as described above in Section 3a).
If you choose to enter with a Video Clip, this should be stored on a CD or DVD (following
the type of format and size guidelines for online Video Clip entry as described
above in Section 3a).
Entrants entering the Contest by mail acknowledge their acceptance of these Official
Rules by submitting their entry via mail. Photos/Video clips must have been taken/recorded
within 180 days of the date of the submission of your entry.
c.) Mobile Tour:
The Make a Milk-Bone Moment ™ Mobile Tour will be visiting one (1) or more cities
across the United States to capture images of dog owners, or such person’s Child, and their Dogs. An interactive kiosk will
be available for the consumers, who will have the opportunity to enter either on-line
or consumers will also be able to enter off-line. Consumers will be required to
read and accept the Official Rules, and will then be allowed to register, upload
the image, and type a short essay (of up to a maximum of 250 characters, describing
the moment) to enter. A photographer will be available to take a picture of the entrants and
their Dogs. It is the entrant’s responsibility to upload his/her
photo or video clip
using the equipment made available by the Mobile Tour. Kiosks and photographer are available
for a limited time and their availability is not guaranteed. Details about the locations, dates and times of the Mobile Tour stops, which
are subject to change or cancellation at any time, may be found at www.milkbone.com.
Photo or Video Clip must contain only entrant, or entrant’s Child, and his/her
Dog,
and cannot contain any other person or animal. Limit one (1) entry per person and per email address and per household,
regardless of method of entry. Multiple entries
received from any person or email address or household will be void.
There will be three (3) parts to the Contest: (a) entries may be submitted during
the Contest Period; (b) between
September 25, 2008 and October 18, 2008, the judging of all eligible entries received
will be conducted to determine the top 100 eligible entries received (“Finalists”)
(see Rule #5 for details), and all eligible entries received will be posted on the
Web Site for public viewing; (c) the Finalists
will be notified beginning on or about October 19, 2008 and their entries will be
featured on the Web Site for voting. Voting will occur from October 19, 2008 at
12:00:00 AM CT to November 18, 2008 at 11:59:59 PM CT (see
Rule #5). By submitting an entry,
each entrant warrants and represents
that he/she is the sole videographer/photographer (except with respect to a photo
taken by the photographer at a Mobile Tour sto), that he/she owns the Dog featured in the entry, he/she is the parent or legal guardian
of any Child featured in the entry and that he/she consents to
the posting of his/her entry (Photo/Video Clip and essay) on the Web Site. Each entry will
be screened by the Sponsor or the Contest judges for compliance with these Official
Rules before being posted on the Web Site. Entries that do not meet the requirements
set forth in these Official Rules will not be posted and will be void, in the sole
discretion of the Sponsor and the Contest judges.
Submission Requirements: The following guidelines set by the Sponsor should be followed for an entry:
(a)
Cannot be sexually explicit or suggestive, violent or derogatory of any ethnic,
racial, gender, religious, professional or age group, profane or pornographic, or
contain nudity;
(b)
Cannot show or promote cruelty, harm, abuse or exploitation of animals;
(c)
Must depict Child and Dog in a safe environment;
(d) Cannot promote alcohol,
illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any
activities that may appear unsafe or dangerous, or any particular political agenda
or message;
(e)
Cannot be obscene or offensive, endorse any form of hate or hate group;
(f)
Cannot defame, misrepresent or contain disparaging remarks about Sponsor or its
products or other people, products or companies;
(g)
Cannot contain trademarks, logos or trade dress (such as distinctive packaging or
building exteriors/interiors) owned by others, or advertise or promote any brand
or product of any kind, or contain any personal identification, such as license
plate numbers, personal names, e-mail addresses or street addresses;
(h)
Cannot contain copyrighted materials owned by others (including music, photographs,
sculptures, paintings and other works of art or images published on or in websites,
television, movies or other media);
(i) Cannot contain materials embodying the names, likenesses,
voices or other indicia identifying any other person, living or dead, unless you
have express permission from that person to use their likeness and performance in
connection with this Contest;
(j) Cannot communicate messages or images inconsistent with
the positive images and/or goodwill to which Sponsor wishes to associate;
(k)
Cannot contain any persons that are signatories to any guild or union agreements
(e.g., members of the Screen Actors Guild);
(l) Cannot contain any person other than
entrant or entrant’s Child;
(m) Cannot contain any animals other
than a Dog of which entrant is the registered and legal owner;
(n) Cannot
violate any law; and
(o)
Must be in English.
Entry must be the original work
of the entrant submitting it, and may not be based in whole or in part on the work
of any other person or entity (including without limitation, any other fictional
or non-fictional material, published or unpublished, produced or not produced) and
entrant must be the registered owner of the Dog. Entrant may not submit any entry
(or portion thereof) in which any person other than entrant owns any rights or interests
(including, but not limited to, rights as joint owner or joint author), and entrant
may be required to provide documentation in a form acceptable to Sponsor evidencing
such rights and interest if so required by Sponsor. By submitting an entry, entrants
agree to indemnify and hold Contest Entities from and against any and all claims,
demands, actions, causes of action, damages, costs or expenses brought against or
suffered or incurred by the Contest Entities, or any of them, arising out of or
in connection with the participation by the entrant in this Contest, any breach
by the entrant of the foregoing warranties or agreements or the use, in whole or
in part, by any Contest Entity of any entry (or portion thereof) submitted by the
entrant in this Contest.
Entries that do not comply with all requirements will be void.
4. Ownership/Use Of Entry: By submitting an entry, entrant agrees to assign
to Sponsor ownership to entry and all right, title and interest to entry and agrees
that Sponsor and its designees may use and distribute the entry and all elements
of such entry, without restriction in any and all media now known or not currently
known, throughout the world in perpetuity without compensation, permission or notification
to entrant or any third party. Materials
submitted in connection with the Contest will become the sole property of Sponsor
and will not be returned. Entrant agrees that submissions are gratuitous, unsolicited
and without restriction, and will not place Sponsor under any obligation, and that
Sponsor is free to disclose the ideas contained therein on a non-confidential basis
to anyone or otherwise use the ideas without restriction and without any additional
compensation to entrant. Entrant acknowledges that, by acceptance of his/her entry,
Sponsor does not waive any rights to use similar or related ideas from any source.
Any waiver of any obligation hereunder by Sponsor does not constitute a general
waiver of any obligation to entrant. By entering, entrant acknowledges that Sponsor
has no obligation to use or post any entry submitted.
5. Judging: There will be two rounds of judging. Round One: All eligible entries received
will be reviewed by an independent judging agency, whose decisions shall be final
and banding, in order to select the top 100 entries, based on the following criteria
and weight (“Criteria”): Personality and appearance of Dog and entrant
or entrant’s Child as depicted in entry (40%), creativity of Video Clip/Photo and essay (30%),
and
originality of entry (30%). The 100
entries with the highest scores will be selected as the potential “100 Best Moments Finalists,” subject to verification of eligibility and compliance
with the terms of these Official Rules. In the event of a tie, an additional “tie-breaking”
judge will use the judging criteria above to break the tie. Potential Finalists will be notified via traceable
method of delivery. It is an entrant’s responsibility to ensure the contact information
he/she provided
at the time of entry is accurate, and
to configure his/her email spam filters as necessary to ensure prompt receipt of
email messages (if applicable). Sponsor
reserves the right to select fewer than 100 Finalists
if, in its sole discretion, it does not receive a sufficient number of eligible
and qualified entries. Round Two: TO
VOTE: From
October 19, 2008 at 12:00:00 AM CT to November 18, 2008 at 11:59:59 PM CT (the “Online Voting Period”), the Finalist entries will be posted on www.Milk-Bone.com.
Visitors to this Web Site
may vote for their favorite Finalist during
the Online Voting Period, based on the same Criteria listed above. Registration
on the Web Site is required in order to vote. To be eligible to vote, an individual must be a legal resident of the 50
or D.C. and at least 18 years of age or older with a valid email address. Limit: one (1) vote per registered person and per email address per day. Multiple votes received
from any person or email address in any given day will be void. Votes generated by script, macro or other automated means or with the intent
to impair the integrity of the voting process, as determined by Sponsor in its sole
discretion, may 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. At the end of the
Online Voting Period, the Finalist entry
receiving the highest number of eligible votes, as determined by Sponsor in its
sole discretion, will be eligible to win the Grand Prize described below (see Rule
#6), subject to verification of eligibility and compliance with the terms of these
Official Rules. In the event of a tie, the tie will be broken based on which entry
received the highest score in the initial round of judging. The potential Grand
Prize Winner and his/her Dog may be
subject to an interview by the Contest Judges to determine the authenticity of the
entry, and he/she may be disqualified if the entry has not complied with these Official
Rules, as determined by the Contest judges.
Potential Grand Prize Winner and his/her Dog may be subject to a background check
as determined by the Sponsor in its sole discretion; if the results of the background
check are not satisfactory to Sponsor in its sole discretion, the potential Grand
Prize winner may be disqualified and a runner-up may be notified. Potential Grand Prize
winner must provide proof (to Sponsor’s satisfaction) that: (i) he/she is
the legal and registered owner of the Dog featured in his/her entry and that such
Dog is in good health (including, but not limited to, proof that the Dog is fit
enough to travel across the country via airplane and that he/she has received all
required rabies and other vaccinations),
and (ii) if applicable, that he/she is the parent or legal guardian of any Child
featured in his/her entry. Potential Grand
Prize winner must be available to travel with his/her Dog to all events at which
Dog will act as the Spokesdog (See Rule #6(A) for further details about travel requirements).
Failure to comply with any of these requirements may, at Sponsor’s sole discretion;
result in disqualification and a runner-up may be notified. The Grand Prize Winner will be announced on or about January 8, 2009. All Finalists, other than the Grand Prize winner, will each be eligible
to win a First Prize.
6. Prizes:
A. One (1) Grand Prize: the opportunity for the
Winner to sign a $100,000.00 USD contract with the Sponsor (the “Contract”), for the Winner’s Dog to be the “Milk-Bone
100th Anniversary Spokesdog” (the “Spokesdog”) for one (1) year (January 1, 2009-December
31,
2009, the “Contract Term”), plus one
(1) digital camera (ARV: $300 USD). Subject to Winner executing the Contract, the Winner will additionally receive $41,390.00
USD that may be used by the Winner to pay for applicable taxes, plus $2,500 USD
to subsidize other costs and expenses at the discretion of the Winner.
The precise terms of the Contract will be set forth by Sponsor in Sponsor’s sole
discretion, but the Contract will include, without limitation, the
following terms:
Travel across the United States (including air travel),
as defined by Sponsor, will be required (travel, accommodations, meals and tips,
and event tickets/access passes for Winner, Spokesdog, and one (1) guest shall
be selected, paid for and/or furnished by Sponsor in Sponsor’s sole discretion). Spokesdog will attend up to
10 publicity events in different
locations as determined by Sponsor. Should the Winner not be able to attend any
of the events, an alternate chaperone (18 years of age or older) of Spokesdog may be selected by Winner, as approved by Sponsor (alternate chaperone
may be subject to a background check and required to execute a liability release
and any other documents as determined by the Sponsor in its sole discretion). Winner
will be able to select only one (1) alternate chaperone to attend all the publicity events
Winner cannot attend. In addition, Spokesdog will be required to participate
in at least one, and
up to 10 photography sessions in location(s) anywhere in the United States to be determined by Sponsor in Sponsor’s sole discretion. Winner may be asked to yield handling duties
of Spokesdog to a dog handler appointed by Sponsor at some or all of the publicity
events and/or photography sessions, in the sole discretion of Sponsor.
Some grooming of Spokesdog (in the sole discretion of and paid for by Sponsor) may
be required in connection with Spokesdog’s participation
in the publicity events and photography sessions. Winner and alternate chaperone
must be dressed and groomed appropriately for all publicity events and photography
sessions, as determined by Sponsor in its sole discretion. Spokesdog’s photographs and/or likenesses may or may not appear in future
Sponsor’s marketing communication materials (including, but not limited to, product
advertising and/or packaging). Spokesdog must be leashed and attended to by Winner
or alternate chaperone at all times while traveling to and from publicity events
and photography sessions. Spokesdog
must also be leashed and attended to by Winner or alternate chaperone during all
publicity events and photography sessions unless otherwise expressly instructed
by Sponsor. Winner may be required to present certificate(s) of Spokesdog’s good health periodically
throughout the Contract Term as
determined by Sponsor in its sole discretion. Sponsor will pay out Contract in three
installments ($50,000 within one week after
the first
photo shoot – date to be determined by Sponsor in its sole
discretion, in addition to the
$41,390.00 USD that may be used by the Winner to pay for applicable taxes, plus
$2,500 USD to subsidize other costs and expenses at the discretion of the Winner;
$25,000 on or about July 1, 2009; and
$25,000 on or about December 30, 2009. Sponsor reserves the
right to terminate Contract at any time: (a) if Spokesdog
dies or suffers any disability; (b) if the Winner (i) is charged with
a crime, (ii) is convicted of a felony or (iii) disparages Sponsor or any of its
products in any public media forum; (c)
in case of breach of contract; or (d) if certain
Spokesdog performance criteria required of the Winner and/or Spokesdog
(as described in Contract) are not met by the Winner and/or Spokesdog, in Sponsor’s
sole discretion, or as otherwise provided in the Contract. During the Contract Term, Winner may
not be a spokesperson for, or own, train or handle a dog that is providing promotional
services to, a competitor of the Del Monte Pet Products, as determined
by Sponsor. Winner shall be
an independent contractor of Sponsor and neither Winner nor alternate chaperone
shall be deemed employees of Sponsor. In the event that
these Official Rules conflict with the terms of the Contract, the terms of the Contract
shall prevail with respect to the Grand Prize.
Winner is responsible for ensuring the safe travel of his/her Dog
and for the conduct of his/her Dog (including, without limitation, ensuring his/her Dog
does not bite or otherwise injure any person or animal or otherwise do harm to any
property).
Winner will be legally responsible for all
damages caused attending events and traveling to and from events by Winner, alternate
chaperone or Spokesdog while performing under the Contract related to negligence
or willful misconduct of Winner or alternate chaperone, or breach by Winner or alternate
chaperone of the Contract terms.
Any guest that accompanies
the Winner or alternate chaperone must be either: (i) 18 or older, or (ii) the son/daughter,
whether biological or adopted, of the Winner or alternate chaperone, whichever one
is accompanying the Spokesdog to the event for which the child is a guest. Any guest (or the guest’s parent or legal guardian if such guest is a minor
in guest’s state of residence) must execute a liability release and any other documents
as determined by the Sponsor in its sole discretion prior to the ticketing of the
travel.
B. Ninety nine (99) First Prizes: Finalists (other than the Grand Prize Winner)
will receive one (1) digital camera
(ARV: $300 USD) each. Manufacturer
and model to be determined by Sponsor.
Total value of prizes: $173,890.00 USD.
Winners acknowledge that the Contest Entities 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 any prize, including
but not limited to its quality, mechanical condition or fitness for a particular
purpose. Any and all warranties and/or
guarantees on a prize (if any) are subject to the respective manufacturers’ terms
therefore, and Winners agree to look solely to such manufacturers for any such warranty
and/or guarantee. Prizes are awarded “as is” with
no warranty or guarantee, either express or implied by Sponsor. Prizes are not transferable or redeemable for cash and must be accepted as
awarded, with no substitutions of any kind, except by the Sponsor, who reserves
the right to substitute a prize (or portion thereof) of comparable or greater value,
at its sole discretion. Taxes, if any, as well as any other costs and expenses associated
with prize acceptance and use not specified herein as being provided are the Winners’
responsibility. All prize details are
at the Sponsor’s sole discretion.
7. How to Claim Your Prize: All First Prizes will, upon verification of a Winner’s
compliance with these Official Rules, be mailed to the Winner’s address as provided
in the registration form. Potential Grand Prize Winner will be contacted by phone,
email or mail with instructions on how to claim the prize. Prizes won by persons who
are eligible entrants but considered minors in their state of residence may be awarded
to a parent or legal guardian who must execute and return all required documentation
outlined herein and otherwise comply with all requirements imposed on Winners set
forth herein. If a potential Winner is found to be ineligible, declines to accept
a prize, or Sponsor is unable to contact a potential Winner within a reasonable
period, or in the event that a prize confirmation or prize is returned undeliverable,
the prize will be forfeited and, at the Sponsor’s sole discretion, prize may be
awarded to a runner-up. Potential Winners
(or parent/legal guardian where applicable) may be required to furnish proof of
identification. Before being declared a Winner, the potential Grand Prize Winner
(or parent/legal guardian where applicable), will be required to provide proof good
health of the Dog (including, but not limited to, proof that the Dog is fit enough
to travel across the country via airplane and that he/she has received all required
rabies and other vaccinations), and execute and return an Affidavit of Eligibility/Liability
& Publicity Release (unless prohibited), a W-9 form, a background check questionnaire
and must also execute the Grand Prize contract within ten (10) business days from the time it is
postmarked as having been sent by the Sponsor or its representative. If all required
documentation is not completed within the specified ten (10) business days and/or
the results of the potential Grand Prize Winner’s background check are not satisfactory
to Sponsor in Sponsor’s sole discretion, the prize may be forfeited and, at Sponsor’s
discretion, awarded to a runner-up.
Allow 8 to 10 weeks for
verification and shipment of First Prizes and the digital
camera portion of the Grand Prize after completion of verification process. Contest
Entities shall not be held responsible for any delays in awarding any prize for
any reason outside of their control.
A prize will only be delivered to a verified Winner.
By accepting the prize, Winners
consent to the use of their names, Children’s names, Dogs’ names, addresses (cities and states of residence), voices, and statements relating to the Contest or Sponsor,
and photographs or other likenesses, without further compensation, notification
or permission in any publicity or advertising carried out by Sponsor or its designees
in any and all media now known or hereafter developed without territorial or time
limitation, except where prohibited by law.
Conditions of Entry:
8. By entering, entrants (i) acknowledge compliance with these
Official Rules including all eligibility requirements and, (ii) agree to be bound
by the decisions of the Sponsor and/or Contest judges, made in their sole discretion,
which shall be final and binding in all matters relating to this Contest. Entrants who have not complied
with these Official Rules are subject to disqualification and all associated entries
will be void.
9. All entries become the property of Sponsor and in no case shall be returned to
sender. Released Parties are not responsible
for any entries, mail, votes, Photos, Video Clips or essays that are late,
lost, illegible,
mutilated, garbled, damaged, stolen,
delayed, misdirected, incomplete,
inaccurate or postage-due or any combination thereof.
Proof of transmission (screenshots or captures, etc.) and/or mailing does not constitute
proof of delivery.
10. Sponsor reserves the right to disqualify
any entrant’s entry in the Contest or entitlement to the prize, if, in the sole
discretion of the Sponsor, it determines or suspects that the entrant has attempted
to undermine the legitimate operation of the Contest by cheating, hacking, deception,
or other fraudulent, deceptive or unfair playing practices (including any entries
or votes generated by script, macro, robotic, programmed, or any other automated
or mechanical means).
11. If a dispute arises regarding who submitted
an entry, the entry will be deemed
to be submitted by the authorized account holder of the email address provided at
time of entry and such individual must be eligible according to, and comply with,
these Official Rules.
Authorized account holder is defined as the natural person who is assigned to 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 email address.
12. As a condition of entering, entrants
agree
(and agree to confirm in writing):
(a) to release Contest Entities from any and all liability, loss or damage incurred
with respect to participating in the Contest or the awarding, receipt, possession,
and/or use or misuse of any prize (including any travel or activity related thereto),
(b) that under no circumstances will entrant be permitted to obtain awards for,
and entrant hereby waives all rights to claim punitive, incidental, consequential,
or any other damages, other than for actual out-of-pocket expenses; (c) all 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 (d) any
and all claims, judgments, and awards shall be limited to actual out-of-pocket costs
incurred, and in no event will entrant be entitled to receive attorneys’ fees or
other legal or court costs. Contest operation:
13. Sponsor reserves the right in its sole discretion
to cancel, modify or suspend this Contest (or any portion thereof) at any time,
if fraud, technical failures, including any network server or hardware failure,
viruses, bugs, errors in programming, or any other errors or other causes corrupt
the administration, security, integrity or proper play of the Contest. If terminated, Sponsor may, at its discretion, award the prizes from among
all non-suspect, eligible entries up to the time of such action
using the judging procedure
as specified above or as otherwise deemed fair and appropriate by Sponsor.
14. Contest Entities do not warrant that
access to the Contest will be uninterrupted. Contest Entities are not responsible
for any problems that may arise, including but not limited to: (a) lost, interrupted,
inaccessible or unavailable networks, servers, satellites, Internet Service Providers,
Web sites, or other connection, availability or accessibility problems arising in
connection with or over the course of the Contest; or (b) communications failed,
jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions
or hardware or software malfunctions, failures or difficulties; or (c) failure of
personal computers and/or software and hardware configurations, any technical malfunctions,
failures, or difficulties, printing errors, clerical, typographical or other error
in the offering or announcement of any prize or in any prize notification documents
or any other Contest-related materials; or (d) for any other errors of any kind
relating to or in connection with the Contest, whether human, mechanical, clerical,
electronic, or technical in nature, including, but not limited to, errors which
may occur in connection with the administration of the Contest or the processing
of entries or the tabulating of votes or the cancellation of the Mobile Tour or
any Tour stop; or (e) the incorrect or inaccurate capture of information, or the
failure to capture any information in connection with the Contest; or (f) damage
to a user's system occasioned by participation in this Contest or downloading any
information necessary to participate in this Contest.
15. Entrants and/or Winners assume liability
for injuries caused, or claimed to be caused by participating in the Contest, by entering the Contest and by the acceptance,
possession, or use of any prize awarded, including not limited to claims/damages
for personal injury, death or property damage.
Disclosures:
16. Any attempt by an entrant or other
individual to deliberately damage any website or undermine the legitimate operation
of this Contest, including but not limited to any fraudulent claims, is a violation
of criminal and civil laws. Should
such an attempt be made, Sponsor reserves the right to seek remedies and damages
from any such individual to the fullest extent permitted by law, including criminal prosecution.
Entrant engaging in any of the foregoing activities
may be disqualified (and all associated entries and/or votes will be void) and will
forfeit any prize(s) won.
17. In the event of any conflict with
any Contest details contained in these Official Rules and Contest details contained
in Contest Materials (including but not limited to point of sale, television, and
print advertising, promotional packaging, and other promotion media), the details
of the Contest as set forth in these Official Rules shall prevail.
18. If a dispute
arises relating to a prize won, the resolution of the dispute shall remain within
the sole discretion of Sponsor.
19. Prizes pictured
in point of sale, television and print advertising, promotional packaging, and other
Contest media (“Promotion Materials”) are for illustrative purposes only. Actual prize(s) may vary from the prize(s) pictured. In the event
of any conflict with any Contest details contained in these Official Rules and Contest
details contained in Promotion Materials, the details of the promotion set forth
in these Official Rules shall prevail. The approximate retail values (“ARV”) of prizes as stated by Sponsor in the
Promotion Materials and/or in these Official Rules are subject to price fluctuations
in the consumer marketplace. If, at
the time a prize is redeemed or awarded, the actual prevailing retail purchase price
for the prize is less than the ARV stated by the Sponsor in Promotion Materials,
and/or in these Official Rules, the prize winner will not be entitled to a check
or cash for the price difference.
20.
All issues and questions concerning the construction, validity, interpretation and
enforceability of these Official Rules, or the rights and obligations of entrant
and Sponsor in connection with the Contest, shall be governed by, and construed
in accordance with, the substantive laws of the State of
without regard to
conflicts of law principles. All entrants consent to the jurisdiction and venue
of the State of California.
21. The invalidity or unenforceability
of any provision of these Official Rules shall not affect the validity or enforceability
of any other provision. In the event that any provision is determined to be invalid
or otherwise unenforceable or illegal, these Official Rules shall otherwise remain
in effect and shall be construed in accordance with their terms as if the invalid
or illegal provision were not contained herein. In particular, Sponsor’s employees are not authorized to waive, modify or
amend any provision or provisions of these Official Rules in any manner whatsoever.
22. This Contest is solely sponsored by
Del Monte Corporation, One Market @ The Landmark, 94105.
23. For a list of the Winners, send a self-addressed
postage stamped envelope to: “Milk-Bone 100th
Anniversary – Winners List”, P.O. South Bend, IN 46624-1341, to
be received by January 30, 2009. Winners list will be sent after all prizes have been awarded.
24. To review
our privacy policy, please visit our web site at www.delmonte.com to see how we
use personal information obtained in connection with this Contest.