Poland Spring® Boston Marathon Contest
Poland Spring® Boston Marathon Contest
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1.Eligibility: The Poland Spring® Boston Marathon Contest (the "Contest") is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Employees of Nestlé Waters North America Inc., the Boston Athletic Association, HelloWorld, Inc., and any of their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.
2. Sponsor: Nestlé Waters North America Inc., Building 2, 900 Long Ridge Road, Stamford, CT 06902 Administrator: HelloWorld, Inc., 3000 Town Center, Floor 21, Southfield, MI 48075
3. Agreement to Official Rules: Participation in this Contest constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor's and Administrator's decisions, which are final and binding in all matters related to this Contest. Winning a prize is contingent upon being selected as a Potential Winner by Sponsor and fulfilling all requirements set forth herein.
4. Timing: The Sweepstakes begins on December 28, 2017 at 12:00 a.m. Eastern Time ("ET") and ends on January 29, 2018 at 11:59 p.m. ET (the "Contest Period"). Facebook, Inc.'s computer is the official time-keeping device for the Contest.
5. How to enter Entrant's Representations and Warranties; Limit: During the contest period entrants may receive an invitation to participate in this Contest in the Facebook newsfeed as a sponsored post from Poland Spring® Brand Natural Spring Water. To participate, entrants must complete the online registration form including name, age, city, state, zip code, and valid email address. Next, entrants must provide responses to the following questions:
- How long have you been a runner?
- Are you a member of any running clubs or athletic groups?
- Poland Spring has been inspiring greatness in the Northeast for over 170 years. To celebrate, we want to hear about your personal running journey and what greatness means to you.
- What are you favorite places to run in New England?
In addition, entrants will be asked to confirm if they have previously participated in races.
By submitting an entry in this Contest, entrant is consenting to receive future marketing emails from Sponsor. Entrant may unsubscribe from the marketing emails at any time by clicking on the “unsubscribe” link at the end of the email marketing communications. Unsubscribing will not affect entrant’s Contest entry.
Entrant's responses is collectively referred to as the "Submission." The Submission need not include any reference, positive or negative, to Sponsor's products or services. By completing the Submission, entrant agrees that it conforms to the guidelines, permissions, and content restrictions below and that Sponsor, in its sole discretion, may disqualify entrant and/or entrant's Submission if Sponsor determines, in its sole discretion, that entrant and/or the Submission fails to conform to such requirements.
- The Submission must be in English;
Permissions: Entrant must have permission from any individuals who are specifically mentioned in the Submission to use their names and likenesses in the Submission and to grant the rights set forth herein. If requested, entrant must be able to provide such permissions or proof in a form acceptable to Sponsor.
- The Submission must not contain material that violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
- The Submission must not contain brand names or trademarks other than those owned by Sponsor, which entrant has a limited license to use only in his/her Submission in this Contest;
- The Submission must not disparage Sponsor or any other person or party;
- The Submission must not contain material that is inappropriate, offensive, indecent, obscene, tortious, defamatory, slanderous or libelous;
- The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age; and;
- The Submission must not contain material that is unlawful, in violation of, or contrary to the laws or regulations in any state where Submission is created.
Entrant's Representations and Warranties:
By submitting an entry, entrant represents that the Submission is entrant's own original work and, as such, that entrant is the sole and exclusive owner and right holder of the Submission and that entrant has the right to submit the Submission in the Contest and grant all required rights and licenses without limitation. Entrant agrees that all information that is provided to or that will be provided to Sponsor is true and complete and that neither the entry nor the Submission infringes any third-party rights of any individual or entity or violates any law or regulation and that both the entry and Submission are free from any lien or claim. Entrant agrees to waive all claims to receive royalties of any kind now or in the future from Sponsor or its designees for use of the entry and/or Submission, and entrant agrees that no other party is entitled to claim any royalties from the use of the entry and/or Submission. Entrant acknowledges and agrees that Sponsor has no, nor will Sponsor have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright or other intellectual property right in and to the entry and/or the Submission. Entrant agrees to indemnify and hold harmless Sponsor from any claims to the contrary.
Limit: Each entrant may complete one (1) Submission during the Contest Period. Submissions received from any person or email address in excess of the stated limit will be void. Submissions generated by script, macro or other automated means are void. In the event of a dispute as to any Submission, the authorized account holder of the email address used to register will be deemed to be the entrant as to that Submission and must comply with these Official Rules. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each entrant may be required to show proof of being an authorized account holder. Released Parties (as defined in Section 10, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed, or misdirected Submissions; all of which will be void.
6. Sponsor's Use of Submissions; Grant of Rights: Uploading/submitting an entry and Submission constitutes entrant's consent to irrevocably transfer, convey and assign to Sponsor and its designees all rights in and to the Submission including, without limitation, all copyrights, trademarks and other intellectual property rights, and the right in perpetuity to secure copyright and trademark registrations, renewals and extensions and including, without limitation, the right to use, edit, reproduce, distribute, modify, digitize and adapt the Submission for any and all purposes in any and all media now known or hereafter developed, worldwide, in perpetuity without further notice or compensation or attribution; provided that if for any reason such transfer, conveyance and assignment is ineffective, or only partially effective, entrant hereby grants Sponsor an exclusive, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to use, reproduce, modify, publish, create derivative works from and display such Submission in whole or in part, worldwide, and to incorporate into other works, in any form, media or technology now known or later developed, including use for promotional, sales and marketing purposes. Entrant grants Sponsor the right to use entrant's name associated entrant's Submission and this Contest. Entrant hereby waives any and all "Moral Rights" that may be claimed in the entry and/or Submission. Upon request of Sponsor, each entrant shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the entry and/or Submission and of the copyrights transferred and "Moral Rights of Authors" waived under these Official Rules. Entrant understands and acknowledges that Entrant will not be paid for or receive any form of compensation for the entry and/or Submission, or for granting these rights, other than any prize that may be received due to being determined as a winner. Sponsor will not incur any liability whatsoever to the extent Sponsor chooses to exploit or to refrain from exploiting any of its rights hereunder.
7. Winner Determination: After the Contest Period, a panel of qualified judges determined by Sponsor in its sole discretion will select the five (5) entrants with the highest-scoring Submissions (the "Potential Winners"), as determined by the panel of qualified judges and Sponsor, in their sole discretion, from among all eligible Submissions based on the following criteria ("Judging Criteria"):
- Submission demonstrates running ability (45%);
- Submission provides a compelling "story of greatness" (45%); and
- Submission demonstrates entrant's fun personality and excitement to participate in the Boston Marathon (10%)
In the event of a tie, the entrant whose Submission received the highest score for "Submission provides a compelling 'story of greatness,'" as determined by the qualified judges and Sponsor, in their sole discretion, will be deemed the Potential Winner from among the tied entrants. Sponsor reserves the right to select fewer than five (5) Potential Winners, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions. Sponsor will not disclose judging scores. Decisions of the judges and Sponsor are final.
8. Winner Requirements: Potential Winners will be notified by email on or around February 2, 2018. Potential Winners will be required to meet any requirements of the Boston Athletic Association in order to run in the Boston Marathon, and will be required to execute an Affidavit of Eligibility, Assignment and Publicity Release within the time frame set forth in the notification or prize will be forfeited. If prize notification is returned as undeliverable or Sponsor is unable to make contact after two (2) attempts with the Potential Winner, prize will be forfeited and may be awarded to an alternate Potential Winner with the next-highest score. Potential Winner and Submission are subject to verification of eligibility and compliance with these Official Rules prior to being finalized as a prize winner. Sponsor reserves the right to conduct background checks on Potential Winner, and reserves the right to disqualify any Potential Winner whose background check reveals information that is inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate, which may be determined by Sponsor in its sole and absolute discretion. Unclaimed prizes will not be awarded. Sponsor is not responsible for any change in e-mail address, mailing address, and/or phone number. If any Potential Winner is found not to be eligible or not in compliance with these Official Rules, if prize notification or any prize is returned as undeliverable, if any required documents are not returned by the date specified by the Sponsor, or if a Potential Winner is otherwise unwilling to accept the prize, such Potential Winner will be disqualified. If a Potential Winner is disqualified for any reason, the prize may be awarded to a runner-up, if any, in Sponsor's sole discretion. Only three (3) alternate winners may be determined, after which the prize will remain un-awarded.
SPONSOR RESERVES THE RIGHT TO REQUIRE CONFIRMED WINNERS TO POST PHOTOS OF THEIR MARATHON TRAINING ON THEIR SOCIAL CHANNELS IN SPONSOR'S SOLE DISCRETION. INSTRUCTIONS AND REQUIREMENTS WILL BE PROVIDED BY SPONSOR TO EACH CONFIRMED WINNER. ALL SOCIAL POSTS MUST COMPLY WITH THE FEDERAL TRADE COMMISSIONS' ENDORSEMENT AND TESTIMONIAL GUIDES AND MUST DISCLOSE WINNER'S RELATIONSHIP TO SPONSOR, FOR EXAMPLE, BY INCLUDING "SPONSORED" OR "PAID" OR "AD" IN THE POST. FAILURE TO COMPLETE THE SOCIAL POSTS MAY RESULT IN FORFEITURE OF THE PRIZE IN SPONSOR'S SOLE DISCRETION. Sponsor reserves the right to film prize winners at the Boston Marathon ("Prize Footage"). Sponsor will own the Prize Footage as set forth in the Publicity Section below.
9. Prizes: FIVE (5) GRAND PRIZES: Five (5) Grand Prize Winners will each receive a bib for the 2018 Boston Marathon. Each Grand Prize Winner is solely responsible for transportation, lodging and any other expenses associated with participation in the Boston Marathon. By accepting the prize, each winner understands and accepts the risks associated with participating in the Boston Marathon. Approximate Retail Value of each Grand Prize: $350. Any expenses not expressly stated herein, including, but not limited to, airfare, hotel accommodations, transportation, meals, or beverages are the sole responsibility of the prizewinners. Sponsor makes no warranty with respect to any prize. Sponsor is not responsible for cancellations, postponements or if winner is unable to attend or run in the 2018 Boston Marathon. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor's sole discretion. Sponsor reserves the right to substitute the prize for one of equal or greater value if the designated prize should become unavailable for any reason. Sponsor will report value of any prize as required by law. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Limit: One (1) prize per person. Prizes will be fulfilled within two weeks after the Potential Winners are confirmed as final winners.
10. Release; Indemnity: By receipt of any prize, each winner agrees to release and hold harmless the Sponsor, Boston Athletic Association, Administrator, and their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company's officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest, the Boston Marathon or receipt or use or misuse of any prize. To the maximum extent permitted by law, each winner agrees (and agrees to confirm in writing, if requested) to defend, indemnify, reimburse and hold harmless the Released Parties from any and all claims, damages, expenses, costs (including, without limitation, reasonable attorneys' fees) and liabilities (including, without limitation, settlements), brought or asserted by any third party against any of the Released Parties due to or arising out of the use of the Submission, any element of the entry, winner's participation in this Contest, any breach by the winner of any provision of these Official Rules or otherwise in connection with this Contest.
11. Publicity: Acceptance of any prize shall constitute and signify each winner's agreement and consent that Sponsor and its designees may use the winner's name, city, state, likeness, Prize Footage, Submission, and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law, as more fully provided in Section 6, above.
12. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. If terminated, Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including, without limitation, attorneys' fees) from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
13. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Contest or receipt or use or misuse of any prize. Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third-party use of any Submission.
14. Disputes: Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
16. Winners List: For a winner list, send a self-addressed stamped envelope with your request to Poland Spring Team, 900 Long Ridge Rd, Stamford, CT 06902. Your request must be post marked by May 1, 2018.
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