Poland Spring “Calling 207” Contest
THIS CONTEST IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. Contest is void outside the U.S. and where prohibited or otherwise restricted by law. Do not enter this Contest if you are not eligible and located within the United States at the time of entry. The Contest will be governed by the terms and conditions of these official rules (“Official Rules”).
SPONSOR/ADMINISTRATOR: The “Calling 207” Contest (the “Contest”) is sponsored by Nestle Waters North America Inc., 900 Long Ridge Road, Building 2, Stamford, CT 06902-1138 (the “Sponsor”) and administered by Alliance Sweepstakes Services, Inc., 620 Park Avenue #332, Rochester, New York 14607 (the “Administrator”).
ELIGIBILITY: The Contest is open and offered only to legal residents of the State of Maine who are at least twenty-one (21) years old at the time of entry. Employees, officers, directors, agents, and representatives of the Sponsor, Inspira Marketing Group LLC, the Administrator, each of their respective parent companies, subsidiaries, affiliates, and advertising and promotional agencies, and members of their immediate families (spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) and households (whether related or not) of each are NOT eligible to participate in this Contest. Non-eligibility or non-compliance with any of these Official Rules will result in disqualification from the Contest. (For the avoidance of doubt, any references in these Rules to “Entrants” shall also include those Entrants who are deemed Winners (as defined below).
AGREEMENT TO OFFICIAL RULES By participating, those who enter the Contest (each an “Entrant” and collectively, “Entrants”) agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Contest. Winning a Prize (defined below) is contingent upon fulfilling all requirements set forth herein.
TIMING: The Contest will begin at 12:00:01 AM Eastern Daylight Time (“EDT”) on June 19, 2018 and will end at 11:59:59 PM EDT on September 19, 2018 (the “Contest Period”). The Contest Period is comprised of three (3) separate entry periods (each an “Entry Period”), three (3) separate voting periods (each a “Voting Period”), and three (3) separate judging periods (each a “Judging period”) as follows:
Entry Period #1
|6/19/2018||12:00:01am EDT||7/13/2018||11:59:59pm EDT|
|Voting Period #1||7/17/2018||12:00:01am EDT||7/24/2018||11:59:59pm EDT|
|Judging Period #1||7/25/2018||12:00:01am EDT||7/31/2018||11:59:59pm EDT|
|Start Date||Start Time||End Date||End Time|
|Entry Period #2||7/14/2018||12:00:00am EDT||8/5/2018||11:59:59pm EDT|
|Voting Period #2||8/8/2018||12:00:00am EDT||8/15/2018||11:59:59pm EDT|
|Judging Period #2||
|12:00:00am EDT||8/22/2018||11:59:59pm EDT|
|Start Date||Start Time||End Date||End Time|
|Entry Period #3||8/6/2018||12:00:00am EDT||8/31/2018||11:59:59pm EDT|
|Voting Period #3||9/5/2018||12:00:00am EDT||9/12/2018||11:59:59pm EDT|
|Judging Period #3
||9/13/2018||12:00:00am EDT||9/19/2018||11:59:59pm EDT|
The Sponsor’s database clock is the official time-keeping device for the Contest.
HOW TO ENTER: During an Entry Period, eligible Entrants can enter the Contest by visiting http://www.polandspring.com/calling207 (the “Website”) and completing a registration form (“Registration Form”), which requires Entrants to describe a proposed community project that (i) the Entrant believes will be beneficial and important to the Maine community and (ii) complies with the Guidelines and requirements set forth in these Official Rules (a “Project”). Once Entrant completes the Registration Form, Entrant must submit the Registration Form by pressing “submit” on the Website. Submitting a completed Registration Form shall earn Entrant one (1) Entry into the Contest. Each Entry must conform to the following guidelines (the “Guidelines”), these Official Rules, and any terms of service and policies on the Website:
Each Project must be capable of being performed wholly within the State of Maine and must relate to one of the following categories:
Each Entrant’s Project description must include the following information:
- Overview/summary of the Project
- Goal of the Project
- Estimated time necessary to complete Project
- Number of people required to complete the Project
- Expected community benefits
All Project descriptions must be written in English and must not exceed two hundred and fifty (250) words in length. All proposed Projects must not take more than eight (8) hours to complete and must be capable of being completed by October 31, 2018. All proposed Projects must be able to be completed with a maximum budget of $5,000.00 in the aggregate.
ENTRY REQUIREMENTS/RESTRICTIONS: Once submitted, an Entry cannot be deleted, canceled, or modified. In order to be eligible, Entries must actually be received by Sponsor during the applicable Entry Period. Entries received by Sponsor before the start of the Contest Period or after the end of Entry Period #3 may be discarded and deemed VOID. For purposes of this Contest, an Entry is “received” when the Website’s servers record the Entry information. Notice of submitting a Registration Form online (such as an automated computer receipt or “thanks for entering” message) will not be deemed by Sponsor to constitute proof of actual receipt by Sponsor of an Entry for purposes of this Contest. Those who do not follow all of the Guidelines, do not provide the required information in their Registration Form, or do not abide by these Official Rules or other instructions of Sponsor will be disqualified. Entries made (i) by any clubs, organizations, groups or any other entity, (ii) using an email address other than the Entrant’s, or (iii) through any website other than the Website, including, without limitation, a commercial promotion subscription notification and/or entering service sites, will be declared invalid and disqualified. Submission of an Entry constitutes Entrant’s representation of eligibility, consent to participate in the Contest, and consent for Sponsor to obtain, use, and transfer Entrant’s Entry, name, address, photograph, and other information for the purpose of voting and Contest administration. Sponsor is not responsible for incorrect or inaccurate Entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing of the Entries. Automated Entries are prohibited, and any use of automated devices will cause disqualification.
Entrants represent and warrant that their Entry is the original work of the Entrant, has not been previously published, has not won previous awards, and does not violate or infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity and has been created in a legal and safe manner. If the Entry contains any material or elements that are not owned by the Entrant or provided by the Sponsor, and/or are subject to the rights of third parties, the Entrant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness releases for any person who is identifiable in the Entry (collectively, the “Clearances”).
By submitting an Entry, each Entrant irrevocably grants Sponsor and Sponsor’s agencies as designated by Sponsor, in its sole discretion, a royalty-free, non-exclusive license throughout the world to use, re-use, copy, publish, republish in whole or in part, edit, add to, modify, and rearrange the Entry in whatever media, including without limitation the right to edit, rearrange, and/or copy the Entry for use in the Contest, without further permission, consideration, or payment to the Entrant, except where prohibited.
Entries may not contain any language, imagery, or depictions of any of the following: (i) materials which include or constitute trademarks, trade names, or copyrighted works created or owned by any person or entity other than Entrant or for which the Entrant has obtained Clearances; (ii) materials bearing profanities; (iii) materials bearing the name or likeness of any celebrity, living or dead; (iv) materials which contain visible, identifiable, or potentially identifiable personal information, including but not limited to, phone numbers, website links, street addresses, e-mail addresses, or license plate numbers; (v) inappropriate behavior for a general audience; (vi) any depiction of real or simulated sexual acts; (vii) violence in any form; (viii) materials which violate anyone’s reasonable privacy expectations, violate any known agreement, or which are defamatory in nature or violate any law; (ix) materials which are derogatory to, or defame, misrepresent, or contain disparaging remarks about Sponsor, its products or services, or any affiliated entity or person; (x) materials which are discriminatory, including based on race, religion, national origin, physical disability, age, sex, or sexual orientation or preference; (xi) materials in which any person identifiably appears unless Entrant has obtained a Clearance from such person granting all rights required herein; and/or (xii) materials which do not comply with all other requirements in these Official Rules or communicate messages inconsistent with the positive images and goodwill to which Sponsor wishes to associate. Entries that do not conform to these requirements or are incomplete may be disqualified in Sponsor’s sole discretion. Sponsor reserves the right to reject or disqualify any Entry which Sponsor, in its sole and absolute discretion, determines to be inconsistent with the letter or spirit of the Official Rules or potentially damaging to the Contest’s, Sponsor’s, or another’s image or reputation. Sponsor reserves the right, in its reasonable discretion, during or upon completion of an Entry Period, to request that any Entrant resubmit his or her Entry which fails to comply with the Entry requirements and Guidelines prior to the applicable Voting Period and/or Judging Period. ENTRIES POSTED TO THE WEBSITE ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. If you think that any Entry infringes your intellectual property rights, click here if you wish to report it: https://www.nestle-watersna.com/en/info/tc.
By submitting an Entry, you agree that your Entry is gratuitous and made without restriction, will not place Sponsor under any obligation, and that Sponsor is free to disclose the ideas contained in your Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation or notice to you. You acknowledge that, by acceptance of your Entry, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you.
VOTING AND VOTING PERIODS: Following the conclusion of each Entry Period, Sponsor will review all Entries received during the applicable Entry Period to determine, in its sole discretion, which Entries, if any, are compliant with these Official Rules and eligible to move on to the Voting Period. Eligible Entries will move on to the Voting Period and will be published on the Website for voting by the public during the applicable Voting Period. If at any time during or after the Voting Period, Sponsor determines that an Entry is ineligible or that the voting for such Entry does not or did not comply with these Official Rules, Sponsor may, in its sole discretion, disqualify such Entry from the Contest.
During each Voting Period, legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old will be invited to visit the Website, review the eligible Entries from the corresponding Entry Period, and vote for the Project they determine, in their sole and absolute discretion, to be most beneficial and important to the Maine community. Limit: Each voter may vote one (1) time per day during an applicable Voting Period and additional votes received from a single voter in one day will be void. Sponsor reserves the right, in its sole discretion, to disqualify any vote(s), voter(s) and/or Entrants deemed to be (a) tampering, attempting to tamper, or encouraging tampering with the voting process; (b) submitting more than the maximum number of votes allowed per day; (c) violating these Official Rules in any way; and/or (d) promoting the use of any voting board or voting forum to increase their vote total 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, including by using any automated program, multiple/different email addresses, identities, registrations and logins, or any other methods. Subject to the Entrant's compliance with these Official Rules, the five (5) Entries that receive the most votes during the applicable Voting Period will be named a “Contest Finalist.” In the event of a tie, the Entry that received the final vote first will move on to the Judging Period. Sponsor reserves the right, in its sole discretion, to select an alternate Contest Finalist if Sponsor determines the voting has been tampered with or manipulated in any way. Notwithstanding the results from any Voting Period, ultimate Contest Finalist determination is subject to Sponsor’s validation and judgment in its sole discretion.
JUDGING AND JUDGING PERIOD: Following the conclusion of each Voting Period, Sponsor will commence the applicable Judging Period. During each applicable Judging Period, each Contest Finalist will be reviewed by a qualified judge or panel of judges appointed by the Sponsor in its sole discretion. Each Contest Finalist will be judged based on the following criteria, as determined by the judging panel in its sole discretion:
- Community impact and need (30%)
- Overall appeal of Contest Finalist Submission (20%)
- Alignment with Sponsor’s brand objectives (40%)
- Creativity of description (10%)
Based on the judges’ scoring, the two (2) Entries with the highest scores per Judging Period will be deemed potential grand prize winners. In the event of a tie, tie breaker will be based upon the highest score in the first judging criteria, continuing thereafter to each judging criteria in order, as needed, to break the tie. Judges’ decisions are final in all matters relating to this Contest. Upon verification by Sponsor, each potential winner shall be deemed a winner (“Winner”).
PRIZES & PRIZE CONDITIONS: Six (6) grand prizes (each a “Grand Prize” or “Prize”); two (2) per Entry Period: one (1) year supply of Poland Spring® Brand Natural Spring Water, awarded as twenty-four (24) coupons, each good for one (1) Poland Spring® Brand Natural Spring Water Multi-Pack (each coupon maximum value is $5.10). The approximate retail value (“ARV”) of the Prize is $122.40. Total ARV: $734.40.
ARV is as of the date of printing these Official Rules. The difference in the value of the prize as stated herein and the value at time of prize notification, if any, will not be awarded. All other expenses not specifically mentioned herein are the responsibility of each Winner. Prizes are not exchangeable or transferable. The Sponsor reserves the right, in its sole discretion, to substitute any Grand Prize with another prize of equal or greater value.
The potential winners must each sign and return to the Sponsor, within fourteen (14) days of the date of notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release. Sponsor reserves the right to conduct background checks on each 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 shall be determined by Sponsor in its sole and absolute discretion. Sponsor also reserves the right to require that Winner and/or participants at any performance of the Project sign liability and publicity releases. The Winners will each be responsible for all local, state, and federal taxes associated with the receipt of any prize. If a prize or prize notification is returned as unclaimed or undeliverable to a potential winner, if a potential winner cannot be reached within three (3) calendar days from the first notification attempt, if a potential winner fails to return requisite document(s) within the specified time period, or if a potential winner is not in compliance with these Official Rules, as determined by Sponsor, then such potential winner may be disqualified and, at Sponsors’ sole discretion, an alternate potential winner may be selected.
GENERAL CONDITIONS: If for any reason the operation or administration of this Contest is impaired or incapable of running as planned for any reason, including but not limited to: (a) infection by computer virus, bugs; (b) tampering, unauthorized intervention; (c) fraud; (d) technical failures; or (e) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the Entry process, and to cancel, terminate, modify or suspend the Contest in whole or in part, at any time, without notice and award of any prize CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of a potential Winner based on an email address, the winning Entry will be declared by Sponsor to be the authorized account holder of the email address submitted at time of entry. “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 (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Contest, Entrants agree (and agree to confirm in writing) to release and hold harmless Sponsor, Inspira Marketing Group LLC, the Administrator and each of their respective parent companies, subsidiaries, and affiliates and the officers, directors, agents, and employees of each of the foregoing (collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize, including, but not limited to: (a) any technical errors that may prevent an Entrant from submitting an Entry; (b) unauthorized human intervention in the Contest; (c) printing errors; (d) errors in the administration of the Contest or the processing of Entries; and/or (e) any claim of personal injury, bodily injury, death, loss 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, award, receipt, use, misuse, or possession of any prize; and/or (d) all causes of action arising out of or relating to this Contest, Entrant’s Entry, or any prize awarded. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in this Contest or downloading any materials in this Contest. Entrant further agrees that in no event shall the Released Parties be liable for attorney’s fees.
By accepting a prize, each Winner agrees that his/her Entry will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the Winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Entry, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that Winner may now or later have to their Entry. Sponsor reserves the right to alter, change or modify the winning Entry, in its sole discretion. Upon request of Sponsor, Winner 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 of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.
By accepting a prize, where permitted by law, the Winners grant to Sponsor and Sponsor’s designated advertising agencies, as determined by Sponsor in its sole discretion, and those acting pursuant to the authority of Sponsor and its designated advertising agencies (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time their full name, portrait, picture, voice, likeness and/or biographical information and their Entry for advertising, trade, and promotional purposes without further payment or additional consideration, and without review, approval or notification. IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS CONTEST OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF, A PRIZE OR ANY COMPONENT OF A PRIZE. The Winners also acknowledge that Released Parties 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.
DISPUTES: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants, Administrator, and/or Sponsor in connection with the Contest shall be governed by and construed in accordance with the laws of the State of Connecticut, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s or jurisdiction’s laws. By participating in the Contest, Entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or in connection with the Contest, shall be resolved individually without resort to any form of class action; (ii) any judicial proceeding shall take place in a federal or state court within the State of Connecticut; (iii) 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 will attorney fees be awarded or recoverable; (iv) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to seek, punitive, incidental, exemplary, consequential, special damages, lost profits, other damages, and/or any rights to have damages multiplied or otherwise increased; and (v) Entrant’s remedies are limited to a claim for money damages (if any) and he/she waives any right to seek injunctive or equitable relief.
SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, the other provisions will remain in effect and will be construed as if the invalid or unenforceable provision were not contained herein.
MISCELLANEOUS: These Official Rules contain the full and complete understanding with respect to the Contest and supersede all prior and contemporaneous agreements, representations and understandings, whether oral or written. The headings herein are for convenience only, do not constitute a part of these Official Rules, and shall not be deemed to limit or affect any of the provisions hereof. No amendment to, or waiver of, any provision of these Official Rules shall be effective unless in writing and signed by both Sponsor and Administrator. The waiver by Sponsor or Administrator of any provision of these Official Rules shall not constitute a waiver of any other provision herein. The rights and obligations hereunder may not be assigned by Entrant, whether by operation of law or otherwise, without the prior written consent of Sponsor, and any attempted assignment in violation of the foregoing shall be null and void. These Official Rules shall be binding upon, and inure to the benefit of, the permitted successors and assigns of Sponsor, Administrator, and Entrant.
WINNERS LIST REQUEST: To request confirmation of the name, city, and state of each Winner, please send a self-addressed, stamped business size envelope, by December 31, 2018, to: Alliance/Nestle “Calling 207” Contest Winners List Request, 620 Park Avenue #332, Rochester, New York 14607.