The following contest of skill is a promotion intended for viewing in the United States only (excluding, without limitation, Puerto Rico and other U.S. Territories) and shall only be construed and evaluated according to United States law and American English. You must be 18 years of age or older. You are not authorized to enter this Contest if you do not meet these criteria.
Void where prohibited.
“Spot Whole Grains” CONTEST
Official Rules
NO PURCHASE NECESSARY.
A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING A PRIZE.
1. CONTEST PERIOD: The “Contest Period” runs from 12:01:01 am, Eastern Time (“ET”), September 1, 2016 (“Contest-Start”) to 11:59:59 pm, ET, September 30, 2016 (“Contest-End”). After this, judging will be complete no later than 11:59:59 pm, ET, on October 16, 2016. Sponsor’s computer clock governs time stamp.
2. BINDING AGREEMENT: In order to enter the Oldways/Whole Grains Council “Spot Whole Grains” Contest (the “Contest”), you must agree to the Official Rules (the “Rules”). Please read these Rules prior to entry to ensure you understand and agree. You agree that your Entry in the Contest constitutes agreement to these Rules.
3. ELIGIBILITY: To be eligible to enter the Contest, an “Entrant” or “You” must be a legal resident who is eighteen (18) years of age or older living in one of the 50 United States or District of Columbia. The Contest is void in Puerto Rico, U.S. territories and possessions, outside of the U.S., and where prohibited by law. Employees and contractors of Oldways Preservation Trust and Exchange and the Whole Grains Council (“Sponsor”), their subsidiaries, affiliates, and their respective directors, officers, employees, advertising and promotion agencies, representatives, and agents (“Contest Entities”), and members of the Contest Entities’ immediate families (parents, siblings, children, spouses, and life partners of each, regardless of where they live) and members of the households (whether related or not) of the Contest Entities are ineligible to participate in this Contest.
4. HOW TO ENTER: This Contest is conducted only on the Internet. Individuals who have access to the World Wide Web on the Internet and are the authorized users of an Instagram account may enter. During the month of September, participants can enter to win by following the Whole Grains Council at https://www.instagram.com/oldways_pt/ and uploading a photo consistent with the contest theme of “sharing the goodness of whole grains.” All photos must include a whole grain food and a caption of up to 1000 characters describing the food and where the participant spotted this food, and will be uploaded to Instagram using #spotwholegrains. Multiple entries are permitted as long as each entry shows a different whole grain from a different location. Entries must: (i) be original; (ii) be submitted solely by one entrant, however you may collaborate with others; (iii) have not won awards or Contests; and, (iv) not infringe on the rights of any third party.
In the case of a dispute regarding who submitted a particular entry, the entry will be deemed submitted by the authorized Instagram account holder. Online registrations must be made by an individual from a stand-alone computer or similar device and may not be made by proxy or any electronic/automated means such as script, bot, macro or any other similar software or program. All discovered registrations made in violation of these Official Rules will be deleted.
Entries may not contain references to pornography, lewd or inappropriate activities, sexual or racial slurs or connotations, offensive language, obscenities or any material that would be offensive to a group or to an individual. Sponsor reserves the right not to consider, and to remove, any submission either one deems, in its sole, subjective determination, to be inappropriate and will not engage in any form of communication or discussion with the public about any submission. All decisions of the Sponsor are final and cannot be appealed. Sponsors are not responsible for lost, late or misdirected Entries or any technical issues of the Entries.
5. SUBMISSION LIMITATIONS AND RIGHTS: All entries submitted become the property of Sponsor and none will be acknowledged or returned. Sponsor may collect personal information from you when you enter the Contest. The information collected is subject to the Sponsor’s Privacy Policy, which can be found at http://wholegrainscouncil.org/about-us/privacy-policy. By participating in the Contest, entrants hereby agree to Sponsor’s collection and usage of their personal information according to their privacy policies and acknowledge that they have read and accepted Sponsor’s privacy policy.
By entering this Contest, you explicitly (i) certify that you meet the eligibility requirements as set forth in these Official Rules; (ii) grant to the Sponsor the right to use and publish any biographical information that you provide (except street address, telephone number, and email address) and the submitted entry in all media, including, but not limited to, online displays, television, cable, video productions, wireless applications and other media channels and applications, known and unknown, and for advertising, promotions, other Contests sponsored by the Sponsor and other purposes, without further consent or compensation, unless you are a resident of Tennessee or otherwise where prohibited by law; (iii) agree that the Sponsor, or those acting on its behalf, may photograph and film you and use such photographs and film for any and/or all advertising, promotional, trade and other purposes and in all media, including, but not limited to, newspapers, magazines, online displays, television, cable, video productions, online access, wireless applications and other media channels and applications, known and unknown, without further consent or compensation, unless you are a resident of the state of Tennessee or otherwise where prohibited by law; (iv) represent and warrant that you have the right to grant to Sponsor the rights in the submitted entry provided above; (v) certify that you are not affiliated with any commercial talent unions; and (vi) represent and warrant that you have not used any licensed material or any material owned or controlled by someone other than you in your submission, including, without limitation, words, graphics, or artwork as they may apply; and (vii) represent and warrant that your submission is your sole and original work and you have not copied or plagiarized the content or the concept from other material.
6. WINNER SELECTION. On or before October 16, 2016, there will be one winner chosen, from all entries received during the Contest Period. The judges will evaluate the skill of each entry according to the following criteria: Appetizing/Motivating (50%) Will this photo inspire other people to view whole grains positively and/or share them with others? Creativity (30%) Does this photo show originality in its subject and/or composition? Technical (20%) Is this photo clearly in focus, and well lit? The decision of the judges will be final; no entrant will have the right to challenge the verdict and the judges will not engage in any conversation or explanation regarding their decision.
7. QUANTITY, PRIZE, APPROXIMATE RETAIL VALUE (ARV): (4) First Prize (four winners): $100 giftcard to a chain restaurant that serves whole grains and a whole grain cookbook. ARV $130. Prizes are non-transferable. No substitutions or cash redemptions. By entering this Contest, you acknowledge that the prizes will be awarded “as is” and that the Contest Entities make no warranty, guarantee or representation of any kind, expressed or implied, in fact or in law, concerning a prize or regarding the use, value or enjoyment of the prize. All prizes will be awarded if properly claimed according to the Official Rules and if there are sufficient entries.
8. WINNER NOTIFICATION: The winners will be notified before the end of the Judging Period. Winners will be notified on their eligible Instagram post with instructions on how to collect the prize. It is an entrant’s responsibility to monitor his/her Instagram account for notification. If any winner fails to respond within 5 days, the prize will be forfeited and another winner will be selected. In order to be named a winner, potential winners may be required to execute and return an Affidavit of Eligibility/Prize Acceptance Form/Release of Liability upon accepting a prize. Noncompliance will result in disqualification and an alternate winner will be selected.
9. RELEASE AND INDEMNIFICATION: By entering the Contest, Entrant agrees, to the maximum extent permitted by law, to release, indemnify, defend and hold harmless Sponsor at all times from and against any and all liability, claims, demands, injuries, losses, damages, costs and expenses (including reasonable attorneys fees) resulting from any act, default or omission of the Entrant and/or a breach of any warranty set forth herein.
10. LIMITATIONS OF LIABILITY: The winner assumes liability for losses or injuries caused or claimed to be caused by participating in the Contest, or by the acceptance, possession, use of, or failure to receive any prize. If the Contest is not capable of running as planned for any reason, Sponsor reserves the right to cancel, terminate, modify the rules and/or suspend the Contest.
11. FORUM AND RECOURSE TO JUDICIAL PROCEDURES: Entrant agrees that any and all disputes, claims, and causes of action arising out of or connected with this Contest or the prize awarded and all issues and questions concerning the validity, interpretation and enforceability of these Official Rules shall be resolved individually, without resort to any form of class action, and exclusively in a court of competent jurisdiction sitting in Suffolk County, Massachusetts, and all entrants agree to Suffolk County as the venue for any legal action without regard to conflict of laws doctrine. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest and never shall include consequential, incidental or punitive damages, and in no event attorneys’ or experts’ fees. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above may not apply to you.
13. ARBITRATION: By entering the Contest, you agree that exclusive jurisdiction for any dispute, claim, or demand related in any way to the Contest will be decided by binding arbitration. All disputes between you and the Whole Grains Council, Oldways, and the Home Baking Association arising out of these Rules, shall be submitted for binding arbitration in the Boston, MA, USA area. The parties agree to share equally in the arbitration costs incurred.
14. GENERAL CONDITIONS: This Contest is subject to all federal, state, and local laws and regulations. The Sponsors reserve the right at their sole discretion to disqualify any individual they find to be tampering with the entry process or the operation of the Contest; or to be acting in violation of these Rules. Contest Entities and all production and hosting agencies shall not be responsible for technical, pictorial, typographical or editorial errors or omissions in any marketing materials or these Official Rules. This Contest is conducted in American English.
15. WINNERS’ LIST: You may request the name of the winners after October 30, 2016 by emailing your request to wgc@oldwayspt.org.