Award Winning Yonanas® Photo Contest
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
Award Winning Yonanas® Photo Contest (“Contest”) is open only to natural persons who are at least eighteen (18) years old at the time of entry. Employees and their immediate family members, including spouse, parents and step-parents, siblings and step-siblings, and children and step-children, and household members of Sponsor or any of its affiliates are not eligible.
Healthy Foods, LLC, 30339 Diamond Parkway, Suite 105, Cleveland, OH 44139 (“Sponsor”). This Contest is not sponsored or endorsed by Instagram.
3. Contest Submission Period
The Contest submission period is from Friday, February 15, 2013 at 12:00 a.m. Eastern Time (“ET”) to Saturday, February 23, 2013 at 11:59 p.m. ET (“Contest Submission Period”).
4. How to Enter
There are two ways to enter:
Entry method one:
- Follow @ItsYonanas on Instagram to be eligible at http://instagram.com/itsyonanas.
- Post a photo of your original Yonanas creation on Instagram.
- Tag your photo with “@ItsYonanas” and “#YonanasAward”.
Entry method two:
- If you do not have an Instagram account, e-mail a photo of your original Yonanas creation to email@example.com.
- Subject line should read “#YonanasAward”
- Include your full name, mailing address, date of birth and photo entry
- Photos must be in one of the following formats: JPG, GIF, PNG or a PDF and cannot exceed 2MB in size.
Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries, which will be disqualified. In the event of a dispute as to any submission, the authorized account holder of the Instagram (or e-mail) account used to submit the entry register will be deemed to be the entrant. The “authorized account holder” is the natural person who created the Instagram (or e-mail) account. A potential winner may be required to show proof of being the authorized account holder.
Each entrant hereby grant to Sponsor a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the photo that the entrant posts to enter this Contest. Each entrant represents and warrants to Sponsor that: (i) entrant owns the photo posted or otherwise has the right to grant the rights and licenses set forth above; (ii) the posting and use of the photo does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; and (iii) entrant agrees to pay for all royalties, fees, and any other monies owed by reason of the photo you post for this Contest.
5. Winner Selection
On Sunday, February 24, 2013, Sponsor will select one (1) photo from all valid entries to win the prize. The prize will be assigned to the winner as described in section 8 below. The selected entrant will be contacted through Instagram (or e-mail) and may be awarded the applicable prize (subject to verification of eligibility and compliance with the terms of these Official Rules). Failure to respond to the initial verification Instagram (or e-mail) message within five (5) days of notification will result in disqualification. Odds of winning a prize depend on the number of eligible entries received during the Contest Submission Period.
6. Decisions are Final
THE POTENTIAL CONTEST WINNER IS SUBJECT TO VERIFICATION BY SPONSOR. SPONSOR’S DECISIONS AS TO THE ADMINISTRATION AND OPERATION OF THE CONTEST AND THE SELECTION OF THE POTENTIAL WINNER IS FINAL AND BINDING ON EACH ENTRANT IN ALL MATTERS RELATED TO THE CONTEST.
7. Verification of Potential Winner
The potential prize winner must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. The potential prize winner may be required to sign and return to Sponsor, within five (5) days of the date notice is sent, an affidavit of eligibility and liability/publicity release (except where prohibited) in order to claim his/her prize. For a Canadian resident to be declared a winner, the selected potential prize winner must first answer correctly, without assistance of any kind, a mathematical skill-testing question posed by Sponsor as part of the potential winner’s affidavit of eligibility and liability/publicity release. If a potential winner cannot be contacted, fails to sign and return the applicable affidavit of eligibility and liability/publicity release within the required time period, or if the prize or prize notification is returned as undeliverable, potential winner forfeits the prize. In the event that a potential winner of a Contest prize is disqualified for any reason, Sponsor may award the prize to an alternate winner by selecting another photo from among all remaining eligible entries.
One winner will receive a $50 Amazon gift card.
The total value of the prize is $50. Sponsor will not award a cash equivalent for the prize. The prize is non-transferable, and no substitution will be made. The winner is responsible for all taxes and fees associated with prize receipt.
9. Entry Conditions and Release
By entering, each entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor and (b) release, indemnify, defend, and hold harmless the Sponsor and its parent and affiliated companies, and all of their respective past and present officers, directors, employees, agents, and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability (including reasonable attorneys’ fees), including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright, or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Contest, acceptance, use, or misuse of prize, or the broadcast, exploitation, or use of an entry.
Except where prohibited, participation in the Contest constitutes the winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
11. General Conditions
The Contest is subject to all applicable federal, state, and local laws and regulations. This Contest is void where prohibited by law. Winning a prize is contingent upon accepting these Official Rules and fulfilling all requirements of these Official Rules. Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. 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 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.
12. Limitations of Liability
The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, technical errors, or by any of the equipment or programming associated with or utilized in the Contest; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Contest; (d) technical or human error which may occur in the administration of the Contest or the processing of Entries; or (e) 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. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Contest. No more than the stated number of prizes will be awarded.
Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or any prize awarded, other than those concerning the administration of the Contest or the determination of the winner, shall be resolved individually, without resort to any form of class action; (b) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved exclusively by the United States District Court or the appropriate Ohio State Court located in Cuyahoga County, Ohio; (c) 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 will in no event include attorneys’ fees; and (d) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim 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. Some Jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you. 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 Ohio, without giving effect to any choice of law or conflict of law rules (whether of the State of Ohio or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Ohio. For Quebec residents only: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
14. Contest Results
For Contest results, send a hand-printed, self-addressed, stamped envelope to Winner List – Award Winning Yonanas® Photo Contest c/o Healthy Foods, LLC, 30339 Diamond Parkway, Suite 105, Cleveland, OH 44139. Requests for the winner list must be received by April 31, 2013.
NO PURCHASE IS NECESSARY.
FOR CANADIAN RESIDENTS ONLY:
CORRECT ANSWER TO MATHEMATICAL SKILL TESTING QUESTION REQUIRED.