NO PURCHASE IS NECESSARY TO PARTICIPATE OR WIN. APPLICABLE ONLY IN THE UNITED STATES. YOUR ENTRY
INTO THE CONTEST CONSTITUTES ACCEPTANCE OF THESE OFFICIAL RULES. VOID WHERE PROHIBITED.
The below Official Rules apply to the Ben’s BeginnersTM Contest (hereinafter, "Contest") offered by Mars Food US. The purpose of this Contest is to promote parents cooking with their children as a means of teaching healthier eating habits for life. Cooking with your children makes for a great beginning!
Please note: Grand Prize winners will be expected to be present at a one-day hometown celebration event between the dates of November 22, 2016 – December 4, 2016. If both you and your child are not able to be available for the event, during which the Grand Prize will be awarded, then you are not eligible for entry into the Contest.
To be eligible to participate in the Contest, a potential entrant (“Entrant”) must be: (i) above the age of majority in his/her state of residence; (ii) a parent or legal guardian of a child who is a student in Kindergarten through eighth grade at the time of entry and for the duration of the Contest (“Child”) and (iii) both Entrant and Entrant’s Child must be legal residents of the fifty (50) United States, including the District of Columbia. Home schooled children in Kindergarten through eighth grade are also eligible to be selected for the Grand Prize. Employees, representatives, officers, and directors of Mars Food US (hereinafter, the “Sponsor”), and each of their respective affiliates, subsidiaries, agents, judges and advertising and promotion agencies, as well as immediate family (spouse, parents, siblings, and children) and household members are not eligible. Further, individuals that have won a prize or award from Sponsor within the preceding four (4) years are not eligible. NOTE: Entrant’s Child must be a student in Kindergarten through eighth grade for the entire duration of the Contest. A Child who is not in Kindergarten through eighth grade is not eligible to participate and will be disqualified from the Contest. The Contest is subject to all applicable federal, state and local laws.
B. THE SPONSOR
Mars Food US, 2001 E. Cashdan Street, Rancho Dominguez, CA 90220 is the “Sponsor” of this Contest.
C. PERSONAL INFORMATION
The Sponsor will be collecting personal information about Entrant and Entrant’s Child when Entrant
submits an entry into the Contest. The Sponsor will use and share this personal information
in order to fulfill the requirements of the Contest. For example, the Sponsor may share this
personal information with third parties who are evaluating the photos, contacting Entrants,
potential Finalists (as defined below) or a potential Grand Prize Winner (as defined below).
By entering this Contest and agreeing to these Official Rules, Entrant hereby consents to
the Sponsor using the personal information of both Entrant and Entrant’s Child in this manner.
The Contest will launch on August 20, 2016. Entries will be accepted between 12:00 p.m. Eastern Time (“ET”) on August 20, 2016 through 11:59 p.m. ET on October 16, 2016 (“Entry Period”). The 25 finalists will be selected on or about October 19, 2016. Unless otherwise noted, for all times provided in these Official Rules or in relation to the Contest, the applicable time zone shall be Eastern Daylight Time. Sponsor’s clock shall be the official time keeping device for the Contest.
E. HOW TO PARTICIPATE
G. INTELLECTUAL PROPERTY RIGHTS
Warranty. By entering the Contest, Entrant warrants
and represents that the Image submitted by Entrant is his/her own original work created and
recorded by Entrant and Entrant’s Child, has not been previously published, has not won a
previous prize or award, that Entrant owns or otherwise controls all of the rights to the
Entry Materials and the Image submitted by Entrant (including, without limitation, the rights
in any background photographs or other images present within the Image) and that the Image
submitted by Entrant does not violate any law, regulation or any right of any third-party,
including but not limited to rights of copyright, trademark, publicity and/or privacy. Please
understand that submitting an Image that is copyrighted by another individual, or otherwise
subject to the rights of another individual, will make Entrant responsible for any legal
action the legal copyright holder might take against Entrant or in relation to the Image.
License. By submitting an Entry into the Contest, Entrant and Entrant’s Child grant to the Sponsor the right, without limitation, to display the Entry Materials, including without limitation the Image and the recipe, online and in any media now known or hereinafter developed. Further, Entrant and Entrant’s Child agree to grant to the Sponsor all rights of ownership, reproduction, and use of the Entry Materials, including without limitation the Image and the recipe, for any purpose whatsoever without compensation or further permission, including but not limited to an irrevocable and perpetual, royalty-free, worldwide right, in all media (now known or later developed) to assign, license, use, publish, edit, adapt, modify, alter, reproduce, distribute, broadcast, display, copyright, create derivative works or otherwise exploit the Entry Materials, including without limitation the Image and the recipe, for commercial or non-commercial use, and without compensation to Entrant or Entrant’s Child.
I. PRIZE TERMS
The Sponsor may, at its sole discretion, choose to substitute any one of the prizes described
in these Official Rules for one of equal or greater value. Further, the Sponsor reserves
the right to expand or modify any of the prizes described above. Except for the cash award
to the school, no prize transfer, assignment or substitution by the Grand Prize Winner is
permitted. With respect to the cash award for the school, and if the Child’s school is unable
or unwilling to accept the award -- including all terms pertaining to the award -- for any
reason, the prize may be awarded to a school in the winning Grand Prize Entrant’s Child’s
region (as determined by Sponsor) that is underprivileged, as determined by the U.S. Department
of Education’s Title I funding program.
All federal, state and local taxes, fees and surcharges on the Grand Prize are the sole responsibility of the Grand Prize Winner. If any prize or prize notification is returned as undeliverable, the prize shall be considered forfeited and the Sponsor may select an alternate Grand Prize Winner from all remaining eligible entries based upon overall score. The odds of winning depend on the number of eligible entries received and the skill of the Entrants in preparing their Images. Limit of one prize per person/per household.
The Sponsor and each of their respective affiliates, subsidiaries, employees, agents, officers and directors, advertising and promotion agencies, and their respective officers, directors, employees and their respective agents will not be liable for unsuccessful efforts to notify any potential winner.
J. WINNER DETERMINATION
Except where prohibited by law, submission of an Entry in the Contest indicates an Entrant’s consent to the Sponsor, each of its respective partners, affiliates and/or subsidiaries, use of Entrant and Entrant Child’s Entry Materials and materials obtained over the course of the Contest, including without limitation their names, likenesses, photographs, city/state of residence, school names, Images and/or recipes for advertising and publicity purposes in any and all media worldwide (including winners list) without additional compensation or notification. The names of all winners and those receiving recognition may be utilized in communications and advertising, including being posted on the websites of the Sponsor, its partners, affiliates and/or subsidiaries.
L. ABILITY TO MODIFY OR TERMINATE
The Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest. If the Sponsor, in its sole discretion, determines that the Contest or any portion of the Contest is impractical, fraudulent, void, unlawful or if there are any technical or administrative malfunctions, errors or other problems that affect the structure, terms or lawful administration of the Contest, the Sponsor may terminate, cancel or otherwise modify the Contest, in whole or in part.
M. LIMITATION OF LIABILITY
By participating, Entrants and winners release the Sponsor, its respective affiliates, parent,
and subsidiary companies, its employees, agents and officers, advertising and promotion agencies,
as well as all others associated with the development and execution of the Contest (collectively,
the “Released Parties”), from and against any and all liability with respect to or in any
way arising from the Contest, the prizes awarded in the Contest or in any filming, use or
other activities related to the prizes offered in the Contest. The Released Parties assume
no responsibility for any error, omission, interruption, deletion, defect, or delay in operation
or transmission; communications line failure; theft or destruction of or unauthorized access
to the Contest Site, or any registration, voting or Grand Prize Winner/Finalist selection.
Entrants also agree (a) to be bound by these Official Rules; and (b) that the decisions of the Sponsor are final on all matters relating to the Contest.
Before being declared a winner or receiving any form of recognition, each selected Entrant may be required to sign an agreement and release confirming compliance with these Official Rules and acceptance of the prize as offered and (i) releasing the Released Parties from any and all liability for any loss, harm, damages, cost or expense arising out of participation in this Contest, or participating in any prize-related activity or the acceptance, use or misuse of any prize, including without limitation costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising there from, and (ii) granting the Sponsor, and its agencies the unrestricted rights, in their collective or individual discretion, to publish without any further compensation the Entrant’s Child’s school’s name, Entrant’s and Entrant’s Child’s names, hometowns, likenesses, Images, recipes, statements or prize information for advertising and publicity purposes worldwide without limitation and without additional compensation, except where prohibited. The agreement and release must be returned within the time period specified thereon or the selected Entrant will be disqualified and the prize forfeited.
If Entrant is acting within the scope of his or her employment, as an employee, contractor, or agent of another party, Entrant warrants that such party has full knowledge of his or her actions and has consent thereto. Entrant further warrants that his or her actions do not violate the employer’s or company's policies and procedures.
The Contest is governed by the laws of California, without regard to the conflicts of law provisions.
All disputes, claims or demands that relate to these Official Rules will first be brought to the attention of the other party and will be resolved individually, without resort to any form of class action. The receiving party shall have sixty (60) days from the date of such notice to remedy the described breach or violation and notify the complaining party in writing of the resolution. If the dispute, claim or demand is not resolved to the satisfaction of the complainant within 60 days, the complainant may request an informal resolution conference (mediation), which if agreed to by the other party will be scheduled to occur within 21 days of the written response. Each party shall have the right to be represented at such a conference by counsel and will ensure that a decision-maker with full and complete authority to resolve the dispute attends the conference. Such conference will be in front of a third party mediator chosen by the parties. If the parties do not agree to conference or are unable to resolve a dispute after such a conference, the parties agree that exclusive jurisdiction for any dispute, claim or demand related in any way to these Official Rules will be decided by binding arbitration. All disputes between the parties, of whatsoever kind or nature arising out of these Official Rules, shall be submitted to JAMS for binding arbitration under its rules then in effect in the California area, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred.
O. WINNERS LIST
To obtain the names of the Grand Prize winners, send an email to email@example.com with “WINNERS 39286” as the subject line. Requests must be received by 11:59 PM ET on July 14, 2017. Winners lists will be sent after winners have been verified.
®/TM Trademarks ©Mars, Incorporated 2016