CLOVER STORNETTA FARMS, INC., DBA CLOVER SONOMA 2019 BILLBOARD PUN CONTEST OFFICIAL RULES-TERMS AND CONDITIONS
NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
BY REGISTERING FOR THIS CONTEST [OR BY CLICKING THE “ENTER” BUTTON], YOU FULLY AND UNCONDITIONALLY AGREE TO COMPLY WITH ALL OF THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS OF THESE OFFICIAL RULES, DO NOT REGISTER FOR THIS CONTEST AND DO NOT SUBMIT AN ENTRY.
TERM: The Clover Stornetta Farms 2019 Billboard Pun Contest (the “Contest”) begins at 12:00 a.m. Pacific Time (“PT”) on June 1, 2019 and ends at 11:59:59 p.m. PT on or about July 31, 2019 (the “Contest Period”). Sponsor’s clock is the official time keeping device for this Contest. Sponsor reserves the right in its sole discretion, to cancel, terminate, modify or suspend the Contest and these Terms and Conditions, for any reason, at any time and without any liability. Complete contest dates will be posted on the Site. Any changes in dates will be communicated on the Site.
ELIGIBILITY: The Contest is sponsored by Clover-Stornetta Farms, Inc., dba Clover Sonoma, (“Sponsor” or “Clover”) and is open and offered only to individuals age eighteen (18) or older at time of registration and who have accepted these Terms and Conditions (eligible “Entrant” or “You”). Sponsor, its affiliates, subsidiaries, and their respective employees, officers, directors, shareholders, representatives, agents, consultants, contractors and their family members are not eligible to participate and will be disqualified. Contest is open to legal residents of the 50 United States and the District of Columbia. The Contest is void where prohibited or restricted by law. Clover reserves the right to limit, or restrict upon notice, participation in the Contest to any person who fails to comply with these Terms and Conditions.
CONTEST ENTRY REQUIREMENTS & HOW TO ENTER: To enter the Contest, visit HYPERLINK “http://www.cloversonoma.com/50yearsofclo” www.cloversonoma.com/50yearsofclo (the “Site”) accurately and truthfully complete the online registration form, accept these Terms and Conditions and follow the instructions to complete and submit your proposal for a billboard advertisement (“Billboard Pun Entry or “Billboard Entries”).
Entrants must submit a completed Billboard Pun Entry to participate. Each Entrant may submit one (1) or more Billboard Pun Entries. Each Billboard Pun Entry must describe an idea for a Clover billboard advertisement. Entrants are responsible for any costs or expenses associated with preparing and submitting a Billboard Pun Entry. Each Billboard must be the original creation of the Entrant. Billboard Entries may not be cancelled, removed or revoked by Entrant. Sponsor, its affiliates, licensees, successors and assigns are in no way obligated to use or continue to use any Billboard Pun Entry. All Billboard Entries suspected of violating intellectual property rights, or any local, state or federal law(s) will be ineligible. Entrants assume all risk of damaged, lost, late, incomplete, invalid, incorrect or misdirected Billboard Entries. All information collected from Billboard Entries shall be deemed collected and judged in the United States.
JUDGING: Billboard Entries will be reviewed by Clover and Clover will select up to 100 Billboard Entries for review by a group of Judges (5-8) selected by Clover (“Judging Panel”). Billboard Entries must be received or postmarked by July 31, 2019, 11:59:59 p.m. PT.
Sponsor will announce the Winner on or about August 30, 2019. All decisions of the Judging Panels are final, non-appealable and binding. Potential winner must comply with all Terms and Conditions; winning is contingent upon verification of eligibility and compliance with all requirements herein.
PRIZE(S): One (1) Grand Prize Winner: US $5,000. All prizes are stated in U.S. currency. Sponsor reserves the right to increase the prize money either by itself or in association with its partners at any point during the contest. Prizes will be awarded in U.S. currency. Potential winner will be notified by e-mail, mail or telephone (at Sponsor’s discretion using the information provided in the Entry). Clover is interested in developing and marketing a new Billboard for its products using the Billboard Entries. However, Clover may elect to pursue or reject the opportunity in its sole and absolute discretion; nothing herein obligates Clover to develop a Billboard based on any Billboard Pun Entry.
CONTENT TERMS OF SUBMISSION: Proof of a submitted Billboard Pun Entry does not constitute proof or evidence that Sponsor received the Billboard Pun Entry within the Contest Period or that it is otherwise eligible for the Contest. Sponsor reserves the right to disqualify and/or remove any Billboard Pun Entry or Entrant within its sole and absolute discretion. Nothing in these Terms and Conditions shall require Clover to monitor or edit the Site or any Submissions for offensive or otherwise objectionable content. Notwithstanding the foregoing, Clover may reject from the Contest any Billboard Pun Entry which might be considered, offensive, defamatory, obscene, illegal, harmful, or that otherwise falls short of Sponsor’s (or its customers’) standards. All Entrants shall use the Site according to these Terms and Conditions.
REPRESENTATIONS AND WARRANTIES:
You represent and warrant as follows:
All registration information is complete, accurate and truthful;
No person or entity (including your employer) other than you has any right, title or interest in any part of your Billboard Pun Entry;
No other party is entitled to claim royalties from the use of the Billboard Pun Entry;
Each Billboard Pun Entry, the use thereof by Sponsor, or the exercise by Sponsor of any of the rights granted by you under these Terms and Conditions, does not and will not infringe or violate any rights of any third party or entity, including, without limitation patent, copyright, trademark, trade secret, defamation, privacy, publicity, false light, misappropriation, confidentiality, or any contractual or other rights;
Your entire Billboard Pun Entry is an original work by you, and you have all the rights, licenses, permissions and consents necessary to submit the Billboard Pun Entry and to grant all of the rights that you have granted hereunder; and
You are not submitting any confidential, proprietary, or trade secret information in your Billboard Pun Entry.
By submitting a Billboard Pun Entry, Entrant irrevocably grants Sponsor and its affiliates, legal representatives, assigns, agents and licensees, the unconditional, unlimited and perpetual right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse the Billboard Pun Entry (in its original form or as edited/modified in any way by the Sponsor, in its sole discretion), as well as to use (or not use) it or any portion of it in any and all media without limitation, worldwide and throughout perpetuity, without additional compensation, notice to, or approval from the Entrant or any other party. Each Entrant understands and agrees that although it has granted Sponsor the right to use its Billboard Pun Entry as stated hereinabove, Sponsor, in its sole discretion, may elect not to so use any said Billboard Pun Entry. EACH ENTRANT REPRESENTS, UNDERSTANDS AND ACKNOWLEDGES THAT NEITHER S/HE NOR ANY THIRD PARTY WILL BE PAID FOR OR RECEIVE ANY FORM OF COMPENSATION OR ROYALTY OTHER THAN POTENTIALLY THE PRIZES STATED HEREIN IN EXCHANGE FOR GRANTING SPONSOR THESE RIGHTS OR FOR ANY SUBSEQUENT USE OF SUCH BILLBOARD PUN ENTRY BY SPONSOR.
By submitting a Billboard Pun Entry, each Entrant waives all intellectual property rights, privacy/publicity rights or other legal or moral rights that might limit or preclude Sponsor’s use of the respective Billboard Pun Entry and agrees not to sue or assert any claim against Sponsor & Others arising out of or connected to the use of the Billboard Pun Entry. Each Entrant further agrees to indemnify and hold Sponsor & Others 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 them due to or arising out of the respective Billboard Pun Entry, or the Entrant’s conduct in creating a Billboard Pun Entry, including but not limited to claims for trademark infringement, copyright infringement; violation of an individual’s right of publicity or right of privacy; false advertising or defamation. Each Entrant further agrees to release and hold harmless Sponsor & Others 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 Billboard Pun Entry. By submitting a Billboard Pun Entry, an Entrant agrees that his/her submission is made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to disclose or otherwise disclose the ideas contained in the Billboard Pun Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to the Entrant. Each Entrant acknowledges that, by acceptance of his/her submission, 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 the Entrant.
PUBLICITY RIGHTS: By accepting a Prize, Winner agrees to allow Sponsor and/or Sponsor’s designee the perpetual right to use their name and biographical, information including but not limited to, videos, photographs, likenesses, and/or statements for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, world wide, including but not limited to on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law.
TAX CONSIDERATIONS: Willing Entrant is solely responsible for any local, state, federal or any other applicable taxes, and any other costs, expenses and fees connected with the prize. Entrant must provide tax related documentation as requested by the Sponsor to meet its tax reporting obligations.
CONTACTING WINNERS: If potential winner cannot be reached using the contact information provided on the Billboard Pun Entry on or within two attempts, or if the prize winner notification is returned as unclaimed or undeliverable, the prize will be forfeited and an alternate potential winner may be selected. Prizes are not assignable or transferable in whole or in part. No prize substitutions allowed, in whole or in part, except the Sponsor reserves the right to substitute a prize of comparable value.
Neither Sponsor, nor its employees, officers, directors, agents, contractors, representatives, affiliates, divisions, subsidiaries, resellers, dealers, distributors, advertising/promotion agencies (“Released Parties”) shall assume any responsibility whatsoever for delayed, failed, partial or garbled computer transmissions; technical failures of any kind, including, but not limited to lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines or technical failures or difficulties; the incorrect or inaccurate capture or failure to capture information whether caused by Site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest, Entry, or other information; the failure to capture any such information; or errors of any kind whether human, mechanical, electronic, network or otherwise arising out of or relating to the Contest, theft, loss, destruction or damage to Billboard Entries, in whole or in part, or other factors beyond their reasonable control. Once submitted, an entry cannot be deleted or cancelled. Except in cases of death or personal injury caused by negligence, Released Parties are not responsible for injury or damage to Entrants’ or to any other person’s computer related to or resulting from participating in the Contest or downloading materials from or use of the Site. Persons who tamper with or abuse any aspect of the Contest or Site, as solely determined by Sponsor, will be disqualified.
LIMITATIONS OF LIABILITY AND RELEASE: ENTRANTS AGREE THAT SPONSOR, ITS AFFILIATES, DIVISIONS, SUBSIDIARIES, RESELLERS, DEALERS, DISTRIBUTORS, ADVERTISING/PROMOTION AGENCIES, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES AND AGENTS (“RELEASED PARTIES”) WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE RELEASED AND HELD HARMLESS BY ENTRANT FOR ANY CLAIMS, LIABILITIES, OR CAUSES OF ACTION OF ANY KIND OR NATURE FOR ANY INJURY, LOSS OR DAMAGES OF ANY KIND INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES TO PERSONS, INCLUDING WITHOUT LIMITATION DISABILITY OR DEATH, EXCEPT IN CASES OF DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, AND DAMAGE TO PROPERTY, DUE IN WHOLE OR IN PART, ARISING DIRECTLY OR INDIRECTLY, NOW OR IN THE FUTURE FROM THE DELIVERY, ACCEPTANCE, USE OR MISUSE OF THE PRIZE, ANY AND ALL USE AS PROVIDED HEREIN OF THEIR ENTRY, OR PARTICIPATION IN THIS CONTEST AND/OR ANY RELATED ACTIVITY. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE SUCH LIMITATION OR EXCLUSION SHALL APPLY ONLY TO THE EXTENT PERMITTED BY THE LAW IN THE RELEVANT JURISDICTION.
CHOICE OF LAW: This Contest and any action related thereto shall be governed, controlled, interpreted and defined by and under the laws of the State of California and the United States, without regard to the conflicts of laws provisions thereof. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms and Conditions shall be the state courts of the State of California for the County of Sonoma or the United States District Court for the Northern District of California and each of the parties hereto submits itself to the exclusive jurisdiction and venue of such courts for the purpose of any such action. Any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Contest, but in no event attorneys’ fees. Entrants hereby waive all rights to (i) claim or be awarded any punitive, direct, indirect, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses, and (ii) to have damages multiplied or otherwise increased.
WINNERS LIST: Please check the Site for announcement of the winner between 8/1/2019 and 10/1/19.
Clover-Stornetta Farms, Inc.
Dba Clover Sonoma
P.O. Box 750369
Petaluma, CA 94975-0369
ENTRIES BY MAIL:
Please submit all mail entries to the following address:
Clover Billboard Pun Contest
P.O. Box 750369
Petaluma, CA 94975-0369
Billboard Pun Entries by mail will not be valid without signature of Entrant below.
Date: _______________, 2019
Signature of Entrant
Printed Name of Entrant