Freshen Up Your Fridge the Daisy Way

Daisy Brand Freshen Up Your Fridge Contest Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN

  1. Eligibility: The Daisy Brand Freshen Up Your Fridge Contest (the "Contest") is open only to legal residents of the fifty (50) United States and District of Columbia who are at least eighteen (18) years of age at the time of entry and who did not purchase any products, services or equipment for the purposes of entering this Contest. A purchase will not improve an entrant’s chance of winning. Employees of Daisy Brand, LLC, any affiliated partner agencies and 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. Void where prohibited by law.
  2. Sponsor: Daisy Brand, LLC, 12750 Merit Drive, Suite 600, Dallas, Texas 75251. Administrator: ePrize, LLC, One ePrize Drive, Pleasant Ridge, Michigan 48069.
  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 made in their sole discretion and are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
  4. Timing: The Contest begins on June 7, 2010 at 12:00 a.m. Eastern Time ("ET") and ends on August 31, 2010 at 11:59 p.m. ET (the "Promotion Period"). Sponsor's computer is the official time-keeping device for the Contest.
  5. How to Enter: During the Promotion Period, visit www.FreshenUpYourFridge.com and follow the links and instructions to register for the Contest. Complete the registration form, including a valid email address and home mailing address. P.O. Boxes are not permitted. Click the opt-in button if you want to receive news and updates about Daisy Brand Cottage Cheese. You do not need to click the opt-in button to submit an entry into the Contest. Then, follow the links and instructions to submit one (1) essay, in fifty (50) words or fewer, telling why and how your eating habits could be improved through a fresh fridge makeover, in order to receive one (1) entry into the Contest (the "Submission"). By uploading your Submission, you agree that it conforms to the Submission Guidelines and Content Restrictions, as set forth below (collectively, the "Guidelines and Restrictions") and that Sponsor, in its sole discretion, may remove your Submission and disqualify you from the Contest if it believes, in its sole discretion, that your Submission fails to conform to the Guidelines and Restrictions.

    Submission Guidelines

    • The Submission must be in text format;
    • The Submission must be fifty (50) words or fewer in length;
    • The Submission must be in English; and
    • The Submission cannot have been submitted previously in a promotion of any kind or exhibited or displayed publicly through any means.

    Content Restrictions:

    • 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 disparage Sponsor, Administrator or any other person or party affiliated with the promotion and administration of this Contest;
    • The Submission must not feature brand names or trademarks other than those of Daisy Brand Cottage Cheese, which entrant has a limited license to use for the sole purpose of creating and uploading a Submission in this Contest;
    • The Submission must not contain text not created by entrant;
    • The Submission must not contain text that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
    • The Submission must not contain text 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 jurisdiction where Submission is created.

    For All Submissions: Each entrant may submit one (1) Submission during the Promotion 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. Uploading a Submission constitutes entrant's consent 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 promotional or marketing purposes. If necessary, entrant will sign any necessary documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission. Released Parties (as defined in Section 9, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, unintelligible, garbled, delayed or misdirected Submissions; all of which will be void.

    In the event of a dispute as to any Submission, the authorized account holder, at time of entry, of the email address used to register for the Contest will be deemed to be the entrant 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.

  6. Winner Determination: After the conclusion of the Promotion Period, on September 7, 2010, a panel of qualified judges determined by Sponsor, in its sole discretion will select the potential Grand, First, Second and Third Prize winners, the entrants with the highest-scoring Submissions from among all eligible Submissions based on the following criteria ("Judging Criteria"):
    • Creativity of Submission (25%);
    • Quality of writing featured in the Submission (10%);
    • Ability to convey a desire to lead a healthy lifestyle (45%); and
    • Emotional connection (20%).

    The entrant whose Submission receives the highest score via application of the Judging Criteria will be the potential Grand Prize winner. The entrant whose Submission receives the next highest score will be the potential First Prize winner. The entrant whose Submission receive the next highest score will be the potential Second Prize winner. In the event of a tie for any prize, the entrant whose tied Submission received the higher/highest score for Quality of writing featured in the Submission, as determined by the qualified judges in their sole discretion, will be deemed the potential winner of the applicable prize.

  7. Winner Requirements: The potential winners will be notified by email, mail, telephone or other communication method by September 13, 2010. The potential Grand and First Prize winners (parent/legal guardian if winner is a minor in his/her state of residence) each will be required to sign and return an Affidavit of Eligibility, Liability & Publicity Release ("Affidavit"), which must be received by Administrator within ten (10) days of the date notice or attempted notice is sent, in order to claim his or her prize. If a potential winner cannot be contacted within a reasonable time period, fails to execute and return the Affidavit (if applicable) within the required time period, is not in compliance with these Official Rules, or prize or prize notification is returned as undeliverable, such potential winner forfeits the prize. If a potential winner of any prize is disqualified for any reason, the applicable prize may be awarded to the individual who receives the next highest score via an application of the Judging Criteria, if any, at Sponsor's sole discretion. Only a total of three (3) alternate winners for all prizes will be selected through this process, after which the applicable prize will remain un-awarded. 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, photo, 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. Without limiting the generality of these Official Rules, each winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Submission and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Winner accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Each winner will indemnify Sponsor, Released Parties (as defined in Section 9 below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these Official Rules.
  8. Prizes: ONE (1) GRAND PRIZE: A prize package consisting of a Whirlpool Resource Saver side-by-side refrigerator with 6th Sense Technology; a one (1) year supply of Daisy Brand Cottage Cheese; and an in-home visit by a registered dietitian; and a $50 gift card that may be used to purchase healthy food. Approximate Retail Value ("ARV"): $2,059.

    ONE (1) FIRST PRIZE: One (1) year supply of Daisy Brand Cottage Cheese; and a $500 Visa® gift card. ARV: $760.

    ONE (1) SECOND PRIZE: One (1) year supply of Daisy Brand Cottage Cheese and a $250 Visa® gift card. ARV: $510.

    Prize Specifics: The ARV of prizes is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. Sponsor will select day and time of dietitian visit in its sole discretion. The one (1) year supply of Daisy Brand Cottage Cheese will be awarded in the form of fifty-two (52) Daisy Brand Cottage Cheese VIP coupons, one (1) which may be used each week. Terms and conditions of gift cards apply.

    For All Prizes: Prizes are non-transferable and no substitution or cash redemption will be permitted unless Sponsor, in its sole discretion, determines otherwise. Sponsor reserves the right to substitute a prize with one of comparable or greater value, in its sole discretion. Winners are responsible for all federal, state and local taxes and any other costs, expenses or fees associated with prize acceptance and/or use not specified herein as being provided, All prize details are determined by Sponsor, in its sole discretion.

    PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, WORKMANSHIP OR FITNESS FOR A PARTICULAR PURPOSE)

  9. Release: By participating, each entrant agrees to release and hold harmless the Sponsor, Spark Communications, MS&L Worldwide, Bridge Worldwide, Fogarty Kline Monroe Agency, Whirlpool Corporation, Administrator and their respective 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 or receipt or use or misuse of any prize.
  10. General Conditions: 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 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 these Official Rules 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 in violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including 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.
  11. 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 (including any travel/activity related thereto). 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.
  12. Disputes: Except where prohibited by law, 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 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 entrant’s 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.
  13. Entrant's Personal Information: Information collected from entrant is subject to ePrize, LLC's Privacy Policy http://www.eprize.com/privacy-policy and Sponsor's Privacy Policy http://www.daisybrand.com/privacy-policy.aspx.
  14. Winner List: Winner List requests will only be accepted after the end of the Promotion Period and no later than December 14, 2010. For the Winner List, send an email with subject line: "Daisy Brand Freshen Up Your Fridge Contest, Winner List Request," to WinListRequests@eprizefulfillment.com.

© 2010 ePrize, LLC. All rights reserved.

How can I improve my eating habits with a fresh refrigerator makeover?