TasteMakers™ Contest Official Rules
THE FOLLOWING CONTEST IS INTENDED FOR PLAY IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. DO NOT ENTER THIS CONTEST UNLESS YOU MEET THE ELIGIBILITY REQUIREMENTS AND ARE LOCATED IN THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA AT THE TIME OF ENTRY.
No purchase or payment necessary to enter or win. A purchase or payment of any kind will not increase your chances of winning.
Eligibility: The TasteMakers™ Contest (the "Contest") is open only to legal residents of the 50 United States and the District of Columbia who are at least 18 years old (19 years old in AL and NE) at the time of entry and own a cat. Employees, directors and officers of Nestlé Purina PetCare Company, its parent companies, affiliates, subsidiaries, advertising, promotion and production agencies, and their immediate family members and persons living in the same household of each are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations. Void outside the U.S.A. and where prohibited.
Timing: The Contest Submission Phase begins on May 9, 2011 at 12:00 Noon Eastern Time ("ET") and ends on June 20, 2011 at 12:00 Noon ET (the "Submission Phase"). The Contest consists of three (3) phases as set forth in the chart below.
How To Enter: During the Submission Phase, go to www.fancyfeast.com/tastemakers and follow the links and online instructions to complete and submit an entry, consisting of the following five entry requirements: 1.) enter your first name, your cat's name and a valid email address; 2.) Select your choices of ingredients for a new Fancy Feast® Elegant Medleys® Entrée ("Recipe") from a pre-determined list of components: Protein Source(s) (choose 1 or 2) (Recipes containing the following Protein Sources must be paired with a second Protein Source: Giblets, Liver, Cod, Mackerel, Sardines, Shrimp, Sole, and Yellowfin Tuna), Accent(s) (choose 1 or 2), and a Sauce (choose 1); 3.) Give your entry a title ("Entry Title") (not to exceed 75 characters, including spaces); 4) Share your inspiration story describing the special relationship you share with your cat and how your cat's personality and preferences inspired your Recipe (not to exceed six hundred fifty (650) characters, including spaces) ("Story"); and 5.) Upload a photo of you and your cat(s). (Your first name, cat's name and email address, along with your Recipe, Entry Title, Story and photo are collectively referred to as the "Submission"). You will also be asked to select a color, font and flourish for your Submission, but these selections will not be judged. If you do not wish to choose the color, font and flourish, you may choose to have those selections randomly generated. You will be required to submit your first and last name and address to complete the Submission.
The following Recipe combinations are not eligible: Turkey – Garden Veggie Mix – Spinach - Classic Gravy; Turkey – Garden Veggie Mix – Spinach - Savory Broth; Turkey – Long Grain Rice – Spinach – Classic Gravy; Turkey – Long Grain Rice – Spinach – Savory Broth; Turkey – Spinach – Classic Gravy; Turkey – Spinach – Delicate White Sauce; Turkey – Spinach – Savory Broth; White Meat Chicken – Garden Veggie Mix – Spinach – Classic Gravy; White Meat Chicken – Garden Veggie Mix – Spinach – Savory Broth; White Meat Chicken – Long Grain Rice – Spinach – Classic Gravy; White Meat Chicken – Long Grain Rice – Spinach – Savory Broth; White Meat Chicken – Spinach – Classic Gravy; White Meat Chicken – Spinach – Delicate White Sauce; White Meat Chicken – Spinach – Savory Broth; Yellowfin Tuna – Garden Veggie Mix – Spinach - Classic Gravy; Yellowfin Tuna – Garden Veggie Mix – Spinach - Savory Broth; Yellowfin Tuna – Long Grain Rice – Spinach – Classic Gravy; Yellowfin Tuna – Long Grain Rice – Spinach – Savory Broth; Yellowfin Tuna – Spinach – Classic Gravy; Yellowfin Tuna – Spinach – Delicate White Sauce; Yellowfin Tuna – Spinach – Savory Broth; Long Grain Rice – Acini di Pepe Pasta; Wild Rice – Acini di Pepe Pasta; Long Grain Rice – Delicate White Sauce; Wild Rice – Delicate White Sauce; and Acini di Pepe Pasta – Delicate White Sauce.
By submitting your Submission, you agree that it complies with these Official Rules and that Sponsor may disqualify you from the Contest if it believes, in its sole discretion that your Submission fails to conform with these Official Rules. The Entry Title and Story must be in English. Photo MUST be in .jpg, .png, or .gif format and cannot exceed 3 MB in file size. Photo may be in color or black and white but may only contain one image (not a collage). All Submissions must be received by Noon ET on June 20, 2011 to be eligible for consideration in the Contest. No correspondence about Submissions will be entered into, nor will Submissions be acknowledged or returned. If all required information is not included, Submission will be disqualified. Sponsor and/or Administrator will not acknowledge why a Submission has been disqualified. Sponsor is not responsible for late or incomplete Submissions. The Sponsor's server is the official time keeping device of the Contest.
Limit one Submission per person, household or e-mail address for the entire Submission Phase. Any Submissions received beyond the first Submission will not be eligible. Any attempt to use multiple e-mail addresses, automated or "bot" technology to submit multiple Submissions is strictly prohibited and will result in entrant being declared ineligible.
Submission Guidelines: Do not include any branded products, trademarks or logos (including Fancy Feast® or Elegant Medleys®) in the photo. "Fancy Feast®" and "Elegant Medleys®" may be used in the Entry Title and Story, but these products, trademarks or logos may NOT be used or shown within the photo. Each photo must only contain the entrant and his/her cat(s). Photos must be the original work of the entrant's designated photographer or entrant; may not have won previous awards; may not have been published previously; must not infringe third-party rights; must not contain logos or trademarks (including Fancy Feast® and Elegant Medleys®) and must be suitable for public viewing, (i.e., may not be obscene or indecent). Because Nestlé Purina PetCare Company promotes the compassionate care of all pets, Stories and photos showing or describing unsafe situations or not exemplifying responsible pet ownership, in Sponsor's sole discretion, will not be considered. The cat(s) in the photo must be owned by the entrant.
The Recipe components listed in the Submission must contain only elements from Sponsor's available list of Recipe components. Sponsor reserves the exclusive right and will have all final rights in determining the Recipe components, ratios and percentages, any additional components and flavors, as well as the final name of the new Entrée that will be used in the formulation and marketing of the final new Fancy Feast® Elegant Medleys® Entrée.
Entrant represents that he/she owns all rights to each element of his/her Submission. Sponsor's determination as to whether any element of the Submission potentially violates the rights of any third party is final.
Phase 1: Judging: Within approximately twenty-one (21) days of the end of the Submission Phase, all eligible Submissions will be judged by an independent judging organization whose decisions are final on all matters relating to the Contest. Submissions will be judged on the following criteria: creativity of Story in describing the special relationship you share with your cat and how your cat's personality and preferences inspired your Recipe (40%); Recipe appeal (30%); fit with Fancy Feast®/ Elegant Medleys® brand (30%).
The five highest scoring Submissions will be deemed the Finalist Submissions. In the event of a tie, the Submission with the highest score in the creativity of Story criteria, as determined by the judges in their sole discretion, will be deemed the potential Finalist. Sponsor reserves the right to select fewer than the stated number of Finalists, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions.
Phase 2: Public Voting/Celebrity Judging: Phase 2 will consist of public voting, which will start at Noon ET on July 11, 2011 and end at Noon ET on August 8, 2011 (the "Voting Period"), and judging by a celebrity judge. During the Voting Period, the Finalists' Submissions will be posted in an online gallery for public voting at www.fancyfeast.com/tastemakers. Visitors to the website will be invited to vote for their favorite Finalist's Submission. In addition, a celebrity judge will be judging the Finalists' Submissions for Phase 2. Public voting will be account for 10% of the total score. The evaluation of the Finalists' Submissions by the celebrity judge will account for 90% of the total score and judging will be in accordance with the same criteria for Phase 1 judging.
Limit: one (1) vote per person per day (via all methods of voting combined). Multiple votes received from any person or email address in excess of the stated number will be void. Finalists are prohibited from garnering votes by any fraudulent or inappropriate method, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion. The Submission with the highest combined weighted score from the public voting and the celebrity judging will be deemed the Grand Prize winning Submission. In the event of a tie, the entrant whose Submission received the highest score for creativity of Story, as determined by the celebrity judge in his/her sole discretion, will be deemed the potential Grand Prize winner. Should the voting appear to have been tampered with or manipulated in any way, Sponsor reserves the right, in its sole discretion, to select the Grand Prize winner based solely on the evaluation of the Finalists' Submissions by the celebrity judge as set forth above.
Prizes: One (1) Grand Prize: $10,000 cash which will be awarded as a check made payable to the winner, plus a one year supply of Fancy Feast® Elegant Medleys® Gourmet Cat Food, which will be awarded as 45 Fancy Feast® Gourmet Cat Food or Fancy Feast ® Elegant Medleys® Gourmet Cat Food manufacturer's coupons which each can be redeemed for one of the following combinations: FREE (up to $23.99) twenty four (24) single cans, two (2) 12-ct Variety Packs, or one (1) 24-ct Variety Pack of Fancy Feast® Gourmet Cat Food or Fancy Feast® Elegant Medleys® Gourmet Cat Food , any variety; plus one case (24 single cans) of the newly created Fancy Feast® Elegant Medleys® Entrée based on the Grand Prize winner's Recipe, which will be manufactured and delivered around June 1, 2012. Approximate Retail Value ("ARV") of Grand Prize: $11,103.54. Four (4) Finalist Prizes: $1,000 cash which will be awarded as a check made payable to each of the remaining Finalists, plus a one year supply of Fancy Feast® Elegant Medleys® Gourmet Cat Food, which will be awarded as 45 Fancy Feast® Gourmet Cat Food or Fancy Feast® Elegant Medleys® Gourmet Cat Food coupons which each can be redeemed for one of the following combinations: FREE (up to $23.99) twenty four (24) single cans, two (2) 12-ct Variety Packs, or one (1) 24-ct Variety Pack of Fancy Feast® Gourmet Cat Food or Fancy Feast® Elegant Medleys® Gourmet Cat Food, any variety. ARV of all prizes: $19,421.74.
The Grand Prize winner may also be invited to have a role in a Webisode featuring the newly created Fancy Feast® Elegant Medleys® Entrée based on the winner's Recipe, which may be filmed in part at winner's home. Participation in the Webisode will be solely determined by the Sponsor and will be based on factors solely determined by the Sponsor. Grand Prize winner may be required to submit to a background check to determine eligibility and suitability to Sponsor's advertising and public relations standards as a condition of participation in the Webisode.
Prizes are non-transferable. Sponsor reserves the right to substitute a prize for one of equal or greater value due to featured prize being unavailable. If for any reason, the Grand Prize winner's Recipe cannot be used as the basis to create a new Fancy Feast® Elegant Medleys® Entrée, that portion of the prize will be forfeited and no other substitution will be made. Winners are solely responsible for all taxes and fees associated with prize.
Notification and Verification: Potential winners will be notified by mail. Sponsor is not responsible for any change of mailing address of entrants. Potential winners are subject to verification by Sponsor or Administrator, whose decisions are final and binding in all matters related to the Contest. Except where prohibited, potential winners will be required to execute and return an Affidavit of Eligibility, Liability/Publicity Release and Assignment of Rights, in which he/she will irrevocably assign and transfer to the Sponsor any and all rights, title and interest in each element of the Submission, including the Recipe, photo, Entry Title and Story, including, without limitation, all copyrights, as a condition of receiving a prize. Failure to return the signed documents within seven (7) days of date the notification is sent may result in forfeiture of prize and an alternate winner may be selected.
Representations / Indemnification: Each entrant irrevocably grants Sponsor and its affiliates, legal representatives, assigns, agents and licensees, the unconditional and perpetual right and permission to reproduce, encode, store, copy, transmit, publish, post, display, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), each element of the entrant's photo, Entry Title, Recipe components and Story, in each case, as submitted or as edited/modified in any way by the Sponsor, in its sole discretion), as well as to use entrant's name, likeness, photograph (collectively, "Likeness"), and/or statements regarding his/her participation in this Contest (with or without using the entrant's name) in any and all media without limitation as to time or territory, and without additional compensation or approval from the entrant or any other party. Entrant waives intellectual property rights, privacy/publicity rights or other legal or moral rights that might preclude the Sponsor's use of any element of the Submission, and agrees not to sue or assert any claim against the Sponsor for the use of any element of the photo, Entry Title, Story, Recipe components or entrant's Likeness or statements.
Entrant agrees to indemnify and hold Sponsor, its agencies and their respective affiliates, officers, directors, agents, co-branders or other partners, and any of their employees (collectively, the "Indemnitees"), harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of the Indemnitees due to or arising out of the use of any element of entrant's participation in connection with this Contest, including but not limited to claims for trademark infringement, copyright infringement, violation of an individual's right of publicity or right of privacy, or defamation. Entrant further agrees to release Sponsor from any and all claims that any advertising subsequently produced, presented, and/or prepared by or on behalf of Sponsor infringes entrant's rights with regard to any elements or ideas contained in any element of the Submission. By submitting a Submission, entrant consents to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submission 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 advertising, promotional and/or marketing purposes.
All Submissions must comply with these Official Rules and the Sponsor's Terms and Conditions for User Generated Content which can be found at: http://www.purina.com/general/TermsAndConditionsUserGeneratedContent.aspx. Any Recipe component, photo, Story or element of any part of a Submission that does not comply with these Official Rules or the Terms and Conditions for User Generated Content may not be posted and may not be eligible for entry into the Contest.
Releases and General Conditions: By entering the Contest, entrants agree: (a) to be bound by these Official Rules and the decisions of the Sponsor and Administrator, which shall be final and binding, and (b) that the Sponsor, its parent, subsidiary and affiliated companies, their respective officers, directors, agents, and employees are not responsible for and shall not be liable for: (1) any incorrect or inaccurate information associated with the Contest, whether caused by Website users, tampering, hacking, or any of the equipment or programming associated with or utilized in the Contest; (2) any errors, omissions, interruptions, deletions, defects, delays in operation, or unauthorized access to the Website or in any materials associated with the Contest; (3) any injury, damage, or loss to participants' or any other person's computer related to or resulting from participating in this Contest or downloading materials from, or otherwise using, the Website; (4) telephone, electronic, hardware or software program, network, internet or computer malfunctions, failures or difficulties; (5) any design, typographical or other errors in any materials associated with the Contest; (6) garbled, incomplete, damaged, misdirected, late, lost, undelivered, or unprocessed entries; (7) any condition caused by events beyond the control of the Sponsor which may cause the Contest to be disrupted or corrupted; or (8) any loss, injury or damage of any kind caused by participation in this Contest, or by the acceptance and/or use of any prize. Sponsor reserve the right, in its sole discretion, to modify, cancel, terminate, or suspend all or any portion of this Contest should fraud, virus, bugs, unauthorized human intervention, systems malfunctions, failures or difficulties, or other causes beyond the control of the Sponsor and its agencies corrupt or affect the administration, security, fairness or proper play or conduct of the Contest.
Sponsor assumes no responsibility for any third party's failure to act in accordance with Sponsor's instructions pertaining to the implementation of this Contest.
By entering this Contest the entrant gives its consent for Sponsor to deliver entry material and personal information to the judges and/or other Contest administrators as required for the purpose of administering the Contest. Information will be used in accordance with Sponsor's online privacy policy. For information regarding Sponsor's online privacy policy go to www.purina.com and click on "Privacy Policy".
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 in St. Louis, MO or the appropriate Missouri State Court. (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 Missouri without giving effect to any choice of law or conflict of law rules (whether of the State of Missouri or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Missouri.
Winner List: Winners will be announced and posted at www.fancyfeast.com/tastemakers on or about August 30, 2011.
Sponsor: Nestlé Purina PetCare Company, Checkerboard Square, St. Louis, MO 63164.
Administrator: Promotion Fulfillment Center, 311 21st St., Camanche, IA 52730.