THE CREATE YOUR CALPICO PACKAGE DESIGN CONTEST
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
By participating in The Create Your CALPICO Package Design Contest (the “Contest”), each participant (“Entrant”) unconditionally accepts and agrees to comply with and abide by these Official Rules (“Official Rules”) and the decisions of Calpis Beverage U.S.A., Inc. (the “Sponsor”) and US Sweepstakes & Fulfillment Co. (the “Administrator”), which shall be final and binding in all respects.
ELIGIBILITY: The Contest is open to legal residents of the 50 United States, including the District of Columbia, who are age 18 or older and the age of majority in their state of residence (19 years of age in Alabama and Nebraska; 21 years of age in Mississippi) at the time of entry. Void in Puerto Rico, all other United States territories and possessions, outside the U.S., and wherever else prohibited by law. Employees of the Sponsor, Administrator and their respective subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members (spouses, parents, children, and siblings and their spouses) of, and/or those living in the same household of each, are not eligible to enter. Contest is subject to all applicable federal, state and local laws and regulations.
CONTEST ENTRY PERIOD: The Contest Entry Period begins at 5:00:01 PM Pacific Time (“PT”) on Thursday, July 15, 2021 and ends at 11:59:59 PM PT on Tuesday, August 31, 2021 (the “Contest Entry Period”).
HOW TO ENTER THE CONTEST:
● Step One: During the Contest Entry Period, visit
https://contest2021.calpico-usa.com/package-design-contest/ (the “Contest Site”) and follow the instructions to download the design template for the new CALPICO Melon product packaging in one of the available formats (the “Template”).
● Step Two: Using the Template, create an original design for CALPICO Melon in the designated area (the “Design”). Keep the original, editable working file of your Design. If you are chosen as a Grand Prize winner, you will be required to provide the Sponsor with the original, editable working file of your Design.
● Step Three: Return to the Contest Site and follow the instructions to complete the entry form and upload your Design in one of the accepted file formats and submit to complete your contest entry (the “Entry”).
All Entries must comply with the following minimum guidelines to be eligible:
● Design must be fully comprised of Entrant’s original content and artwork.
● Design cannot contain content that is irrelevant to the purpose of the Contest.
● Design must conform to the format, size requirements and limitations of the Template and Contest Site. The maximum file size is 50MB.
● Once a Design has been submitted, it cannot be modified or deleted by Entrant.
● No duplicate Designs, as determined by the Sponsor’s in its sole discretion, may be submitted.
● Design must not in any way include a reference, depiction or likeness of any person or organization (with the exception of CALPICO).
● Design must not feature images related to or contrary to the copyrights and portrait rights of other companies, individuals, celebrities or famous artworks.
● Design cannot be profane, pornographic, sexually explicit or suggestive or contain nudity.
● Design cannot be violent or promote firearms/weapons.
● Design cannot promote alcohol, illegal drugs or tobacco.
● Design cannot defame, misrepresent or contain disparaging remarks about people, brands, products or companies.
● Design cannot contain content that defaces or depicts any person, brand, product or company in a negative or inappropriate manner.
● Design cannot be obscene or offensive, endorse any form of hate or hate group or be derogatory to any ethic, racial, gender, religious, professional or age group.
● Design cannot reference or contain materials embodying copyrighted images, trademarks, logos, insignia, location signage, identifying numbers, names, likenesses or other indicia identifying any brand, products, company or person, living or dead, without permission.
● Design cannot communicate messages or images inconsistent with the positive images and/or goodwill with which Sponsor wishes to associate.
● Design cannot give an exaggerated and puffery image, or a misunderstanding with false information.
● Design cannot depict illegal activity and cannot itself be in violation of any law.
● Design may not include images of a known celebrity, famous or well-known person or any image which violates the right of privacy or publicity of any person.
● Design cannot have been submitted previously in a promotion of any kind or won any previous awards.
Please note: Sponsor will determine, in its sole discretion whether an Entry violates the above conditions.
By submitting an Entry, the Entrant is irrevocably assigning and transferring to Sponsor full ownership of any and all rights, title and interest in and to the Entry and Design including without limitation, all copyrights and any other protectable rights, and Entrant agrees that the Entry and Design will automatically become the intellectual property of Sponsor, without any compensation to Entrant. Sponsor reserves the right in its sole and absolute discretion to alter, change or modify any Design.
By submitting an Entry, Entrant warrants and represents that: (a) Entrant has full power and authority to enter into this agreement and assign the rights associated herein; (b) Entrant owns or controls the rights to the Entry and Design, including 100% ownership of all content of the Design; (c) Entry and Design do not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other legal or moral rights of any person or entity; (d) Entrant owns all rights to the Design, including without limitation, copyrights, and all elements of the Design are original to the Entrant or Entrant and has received prior written permission from a third party if any content was photographed or provided by someone other than the Entrant him/herself; (e) Entrant will not act in a manner or enter into any oral or written agreements inconsistent with these Official Rules; and (f) Entrant will indemnify and hold harmless the Sponsor, Administrator and related entities, agents and assigns from any claims and damages (including reasonable attorneys’ fees) arising from or relating to the breach or alleged breach of your representations and warranties herein, the Entry, or Entrant’s conduct in creating the Design, the acceptance or use of any prize or otherwise in connection with this Contest. Entrant grants the right to use any images, likenesses or photographs appearing in the Design without further approval.
Entrants understand that any Design submitted to Sponsor may or may not be used by Sponsor and that the Sponsor reserves the right to edit the Design. The Design that you submit shall not be subject to any obligation of confidence on the part of the Sponsor, and its respective agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees. Under no circumstances shall the Sponsor and/or its affiliates be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or inability to use, the Design.
PRIZES/APPROXIMATE RETAIL VALUE (“ARV”):
Grand Prizes: There are four (4) Grand Prizes available to be won. Each Grand Prize winner will receive $100 and the opportunity for their Design to be potentially featured in the commercialization of CALPICO Melon. The ARV of each Grand Prize is: $100. Cash portion of prize to be awarded in the form of a check or pre-paid gift card. Grand Prize winners understand their Design may or may not be used by Sponsor and that the Sponsor reserves the right to edit the Design. Grand Prize winners will be required to provide the editable work file of their Design to Sponsor to be declared a Grand Prize winner. If Grand Prize winner does not provide the editable work file of their Design to the Sponsor in the designated timeframe requested by the Sponsor, the Grand Prize will be forfeited in its entirety. Grand Prize must be accepted in its entirety.
Second Prizes: There are six (6) Second Prizes available to be won. Each Second Prize winner will receive $100, to be awarded in the form of a check or pre-paid gift card. The ARV of each Second Prize is $100.
Third Prizes: There are five (5) Third Prizes available to be won. Each Third Prize winner will receive a CALPICO Merchandise Prize Package. The ARV of each Third Prize is $100.
The total ARV of all prizes to be awarded: $1,500.
JUDGING & WINNER DETERMINATION: Starting on September 1, 2021 and ending on September 24, 2021(the “Judging Period”) all eligible Entries received during the Contest Entry Period will be judged by a panel of judges appointed by the Sponsor, who shall use the criteria set forth below:
A. Reflection of CALPICO “Design Guidelines” (25%)
• Please adhere to the following “Tone and Manner” when you proceed with your design creation. “Fun and Lively, Young and Contemporary, Positive and Upbeat”.
B. Creativity (25%)
C. Originality (25%)
D. Expression of Ideas (25%)
The four (4) Entries that receive the highest total judging scores based on the judging criteria will each be deemed the potential Grand Prize winners. The six (6) Entries that receive the fifth through tenth highest total judging scores will each be deemed the potential Second Prize winners. The five (5) Entries that receive the eleventh through fifteenth highest total judging scores based on the judging criteria will each be deemed a potential Third Prize winner.
In the event of a tie, the tied Entry with the highest score in Criterion A, Reflection of “CALPICO Brand Positioning and Tone and Manner”, will be deemed the potential winner. If additional tie breakers are needed, the tie-breaking mechanism above will be used; however, instead of the highest score in Criterion A determining the potential winner from among the tied entries, the highest scores in each of Criteria B through D, in sequence (to the extent needed) will determine the potential winner. In the event additional tiebreakers are needed, all tied Entries will be judged by a separate panel of judges using the judging criteria above.
WINNER NOTIFICATION AND PRIZE ACCEPTANCE
Grand Prize Winners: The potential Grand Prize winners will be notified via email and/or phone on or about September 27, 2021, by the Administrator. Each potential Grand Prize winner will be required to sign and return within five (5) days of notification, an Affidavit of Eligibility, a Liability Waiver and where allowable, a Publicity Release (collectively, “the Releases”). The Grand Prize winner will also be required to provide his/her original, editable working file of their Design. Noncompliance will result in disqualification and the Entrant with the next highest judging score will be deemed the potential Grand Prize winner and will be notified.
Second Prize and Third Prize Winners: The potential Second Prize winners and Third Prize winners will be notified via email on or about September 27, 2021, by the Administrator. Each potential Second Prize winner and Third Prize winner will be required to confirm his/her full name, shipping address and phone number via return email within five (5) days of notification. Noncompliance will result in disqualification and the Entrant with the next highest judging score will be deemed the potential winner and will be notified.
All cash and merchandise prizes will be awarded within approximately 45 days after verification.
Non-winning Entrants will not be notified.
PRIZE CONDITIONS: If any notification or prize is returned as undeliverable, or if potential winner is found to be ineligible or not in compliance with these Official Rules he/she will be disqualified, and the prize may be awarded to the Entrant with the next highest judging score.
Non-cash prizes are not redeemable for cash. Prizes are not assignable nor transferable. No substitution is permitted except if prize is unavailable, in which case a prize of equal or greater value will be awarded. No cash in lieu of prizes and no exchange or substitution of prizes, except at the sole discretion of the Sponsor. Any other incidental expenses on prize not specified herein are the winner’s sole responsibility.
Pre-paid gift cards will not be replaced if lost or stolen. Pre-paid gift cards are subject to the issuing company’s terms and conditions, including expiration dates.
Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Winners acknowledge that the Sponsor and all other businesses affiliated with this Promotion and their agents do not make, nor are in any manner responsible for any warranty, representations, expressed or implied, in fact or in law, relative to the quality, conditions, fitness or merchantability of any aspect of the prize being offered, except that each merchandise prize shall be subject to its manufacturer’s standard warranty (if any).
Winners are responsible for all federal, state, local and income taxes associated with winning prize.
GENERAL: Participating Entrants agree to these Official Rules and the decisions of the Administrator and the Sponsor, and release and hold the Sponsor, the Administrator, and their affiliated companies, and all other businesses involved in this Contest, as well as the employees, officers, directors and agents of each (the “Released Parties”) from all claims and liability relating to their participation in the Contest, and the acceptance and use/misuse of the prizes offered. Participating entrants assume all liability for and Released Parties shall be held harmless against any liability for any injury, losses or damages of any kind to persons, including personal injury or death, or injury to property caused or claimed to be caused in whole or in part, directly or indirectly, by participation in this Contest, acceptance, possession, or use/misuse of the prize, or any claims based on publicity rights, defamation or invasion of privacy, or merchandise delivery. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the prizes. In the event there is a discrepancy or inconsistency between disclosures or other statements (in any and all media) contained in any Contest materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. No confidential relationship is established by any Entrant and the Sponsor as a result of participating in the Contest. None of the information submitted by the Entrant will be treated as trade secrets, confidential information or as protected data.
Although subsequent attempts to enter may be received, only the first complete entry received from a particular entrant will be eligible; subsequent attempts by the same person to enter, including entries submitted with an alternate email address, will be disqualified. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor. In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the “Authorized Account Holder” of the email address submitted at the time of entry. Authorized Account Holder means the natural person to whom the email address is registered. Any entrant or potential winner may be required to show proof of being the authorized account holder to Sponsor’s satisfaction. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Released Parties are not responsible for: (i) lost, late, misdirected, damaged or illegible entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of submission materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive submission information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant’s, or any other person’s computer related to or resulting from participating in the Contest. By participating in the Contest, you (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 the Administrator, 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.
In the event any participant engages or has engaged in behavior that (as determined by Sponsor in Sponsor’s sole discretion) is obnoxious or threatening, illegal or that tends to annoy, abuse, threaten, disparage or harass any other person or company including the Sponsor or is otherwise inappropriate, the Sponsor reserves the right to disqualify the Entrant or winner and void any Entries of said person.
Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor. If, for any reason, the Contest cannot be run as planned, Sponsor may disqualify any suspect entries or individuals from the Contest and any promotion it sponsors and (a) suspend the Contest and modify the Contest to address the impairment, then resume the Contest in a manner that best conforms to the spirit of these Official Rules; and/or (b) cancel the Contest.
LIMITATION OF LIABILITY AND RELEASES: BY PARTICIPATING IN THIS CONTEST, ENTRANT AGREES THAT THE SPONSOR, ADMINISTRATOR, AND THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING, WEBSITE PROVIDERS, WEB MASTERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY PARTICIPANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE OR USE OF THE PRIZE, ENTRY OR PARTICIPATION IN THIS CONTEST OR IN ANY CONTEST-RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THIS CONTEST CANNOT BE ADMINISTERED OR CONDUCTED OR ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS RESULTING OR ARISING FROM ACTS OF GOD, WAR, OR TERRORISM, CIVIL UNREST, STRIKES, SUPPLY SHORTAGES, NATURAL DISASTERS, WEATHER, EPIDEMICS, PANDEMICS, COMPLIANCE WITH ANY LAW OR ORDER OF A GOVERNMENTAL AUTHORITY, OR ANY OTHER SIMILAR ACT, EVENT, OR OCCURRENCE BEYOND THE REASONABLE CONTROL OF THE SPONSOR. BY PARTICIPATING IN THIS CONTEST, ENTRANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE.
PUBLICITY RELEASE: Except where prohibited by law, entry constitutes permission to use entrant’s name, Entry, Design, prize won (if any), hometown, likeness, video tape, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.
NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Entrant understands and acknowledges that Sponsor has wide access to ideas, designs and other materials, and that new ideas are constantly being submitted to it or being developed by its own employees. Each Entrant also acknowledges that many ideas may be competitive with, similar or identical to other Entries and/or each other in theme, idea, format or other respects. Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material. Entrant acknowledges and agrees that the Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Entries or Designs or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Entry and Design or any material based on or allegedly based on the Entry, Design, and the Entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE CONTEST, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
DISPUTES: The parties hereto each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in Los Angeles County, California and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Contest shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Los Angeles County, California. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Los Angeles County, California. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
OFFICIAL RULES REQUEST: To request a copy of the Official Rules, send a self-addressed, stamped envelope by September 27, 2021, to: The Create Your CALPICO Package Design Official Rules Request, PO Box 654, Social Circle, GA 30025-0654.
WINNER CONFIRMATION REQUEST: For a written confirmation of the winners (available after September 27, 2021), send a stamped, self-addressed envelope (no later than October 27, 2021), to: The Create Your CALPICO Package Design Contest Winner Confirmation Request, PO Box 654, Social Circle, GA 30025-0654.
SPONSOR: Calpis Beverage U.S.A., Inc., 3625 Del Amo Blvd #255, Torrance, CA 90503.
ADMINISTRATOR: US Sweepstakes & Fulfillment Company, 625 Panorama Trail, Suite 2100, Rochester, NY 14625. 1-800-620-6044 www.ussweeps.com
All trademarks used herein are the property of their respective owners in the United States and abroad. All rights reserved.