1. DESCRIPTION OF CONTEST. The Moonstruck New Flavor Contest (the “Contest”) invites participants to submit their ideas for a new flavor of truffle. Winner will receive two (2) VIP tickets to the Cowabunga festival event of their choice: July 13-15, 2018, in Portland, OR, October 5-7, 2018, in Seattle, WA, or November 9-11, 2018 in Houston TX, name included on packaging, and five boxes of truffles.
2. ELIGIBILITY. The Contest is open only to legal residents of the 50 United States (including District of Columbia), who are at least the age of majority in the state in which they reside at time of entry. Employees of SagaCity Media, Inc. or Moonstruck Chocolate Company (together, “Sponsors,” as well as the 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.
3. PROMOTION DURATION. The Contest begins on May 1, 2018 and ends on 11:59 P.M. March 16, 2018 (the “Contest Period”). The time stamp used in connection with the Entry Landing Page (as described below) will be used to determine date and time of receipt.
4. HOW TO ENTER. During the Contest Period, go to pdxmonthly.com/cowabungaflavorcontest (“Entry Landing Page”) to complete an entry form and submit your entry (collectively, your “Submission”). The Entry Landing Page will host instructions and other materials. Only one entry per person. Sponsors will not verify receipt of entries. All Submissions must conform to the Guidelines and Restrictions set forth below.
5. GUIDELINES. Each Submission must meet all the following requirements (the “Guidelines”):
a. Entry Landing Page: Submissions must be submitted via the Entry Landing Page. Submissions received via email, social media or postal mail may be disqualified.
b. Originality and Ownership: The Submission must be entirely your own work. You represent and warrant that no other person or entity has any claim to any intellectual property contained in your Submission. If you are submitting a Submission on behalf of your employer, then you represent and warrant that you are participating with the knowledge and consent of your employer. In such case, your employer shall be identified as the entrant and (if selected) the winner.
6. RESTRICTIONS. By submitting a Submission, you represent and warrant that your Submission, and the use of the Submission as described in Section 13, below, does not and will not:
a. infringe on the copyright, trade secret, trademark, patent, privacy, or publicity rights of others;
b. contain any content, material or element that displays any third-party advertising, slogan, logo, trademark or otherwise indicates a sponsorship or endorsement by a third party;
c. contain, incorporate or otherwise use any content, material or element that is owned by a third party, unless such third party has provided written permission;
d. disparage Sponsors, or any other person, company, brand or party whether affiliated with the promotion and administration of this Contest or not;
e. contain any material that could be considered unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, indecent, sexually explicit, or hateful, or content that refers negatively to people or groups on the basis of their race, ethnicity, religion, sexual orientation, gender, or similar characteristics;
f. be posted in a false name or the name of another person, or include impersonations of any person;
g. include illegal material or encourage, solicit, or glorify illegal activity;
h. contain false statements or misrepresentations that could damage you, Sponsors, or any third party; or
i. include commercial advertisements or solicitations.
Sponsors reserve the right, in its sole discretion, to disqualify or reject any Submission that it deems to violate the foregoing Guidelines and Restrictions, or that it deems to be offensive, inappropriate or not in keeping with the theme and spirit of the Contest. Sponsor reserve the right to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Contest; to be acting in violation of the Official Rules; or to have engaged in any fraud. Any use of robotic, automatic, macro, programmed or like methods of entry will void all such entries by such methods, and persons using any such methods will be disqualified. Incomplete, illegible, false or deceptive entries are void.
Sponsors are not responsible for any expenses incurred by entrants in connection with their participation in the Contest. Submissions will not be returned.
a. Winners: The winner will receive two (2) VIP tickets to the Cowabunga festival of beef event of their choice, July 13-15, 2018, in Portland, OR, October 5-7, 2018, in Seattle, WA, or November 9-11, 2018 in Houston TX, and five boxes of truffles.
b. Total ARV: $360-$660 depending on city selected by winner
Odds of winning a prize depend on the number of eligible entries received during the Contest Period.
8. TRAVEL, INCIDENTALS, FESTIVAL ENTRY. Winner is responsible for all travel arrangements, incidentals and other costs incurred in transit to and from the Cowabunga, and during the festival. Sponsors are responsible only for the two (2) VIP tickets. Sponsors shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the air carriers or other transportation providers, lodgings, food or drink, or any other persons providing any of these services or accommodations , including as a result of the rescheduling of the Cowabunga festival of beef. In the event that the festival is cancelled, Winner will not receive any compensation or alternate prize. Entry to the festival is contingent on the ticket holder’s compliance with all terms and conditions imposed by the festival organizer.
9. SELECTION OF POTENTIAL WINNERS. Sponsors will judge the Submissions against all Submissions received to date and will select, in its sole discretion, three potential winners from the pool of entries. These three entries will then be posted on Instagram for a vote on to determine the overall winner.
10. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSORS. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE CONTEST SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY AND COMPLIANCE WITH THE OFFICIAL RULES HAVE BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSORS WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS.
11. Notification and Verification of Potential Winners: The winner will be notified by email. If a potential winner cannot be contacted within 7 days of Sponsors sending a notification, the potential winner forfeits that prize. In the event that a potential winner of a prize is disqualified for any reason, Sponsors will award the applicable prize to an alternate winner based on the judging criteria above. Unclaimed prizes will not be awarded. Winners may waive their right to receive prizes, but will not receive any alternate prize or cash value. Prizes are not assignable or transferable. Sponsors reserve the right to substitute prizes of equal or greater value. Winners are solely responsible for reporting and payment of any taxes on prizes. Each winner will be required to provide his or her social security or tax identification number, as well as return a Form W-9, as a condition of prize award. Potential winners will be required to complete an affidavit of eligibility/liability and publicity release (except where prohibited by law), which must be returned within 10 days of receipt. Failure to sign and return the affidavit or release within 10 days, or to comply with any term or condition of these Official Rules, may result in a potential winner’s disqualification, and the forfeiture of his or her interest in the prize.
12. WINNER LIST. For a winner list, send a self-addressed, stamped envelope to Moonstruck Chocolate Company, 6600 N Baltimore Ave, Portland OR 97203. A winner’s list will be available on 5/28/2018 for 30 days thereafter.
13. USE OF SUBMISSION. Sponsors retain ownership of all intellectual property rights in and to the Submission. By submitting a Contest entry, you assign all right, title and interest in and to your Submission. To the extent that transfer of rights is not allowable, you thereby grant to Sponsors the royalty-free, nonexclusive, irrevocable, worldwide, perpetual, fully transferable and sublicensable right to commercialize, reproduce, modify, make derivative works, display, distribute, perform and otherwise use the Submission (and any ideas, concepts, inventions, and intellectual property embodied or depicted therein), in any form, media or format, whether now known or hereafter developed, including, but not limited to, in print form, in digital form, on the Internet and in the advertising and promotion of Sponsors’ products and services without further consideration. You acknowledge and agree that Sponsors are not obligated to use the Submission, but that if Sponsors do use the Submission (whether or not entrant is declared the winner of the Contest), you will not be entitled to any notice or payments of any kind. To the fullest extent permitted by law, you waive any moral rights you may have to the Submission.
14. PUBLICITY RELEASE. Except where prohibited by law, your participation in the Contest (whether or not you are declared the winner) constitutes permission for the Sponsors to use your name, photograph, likeness, statements, biographical information, voice, and city and state address (“Likeness”) for promotional or advertising purposes in connection with this Contest and Sponsors’ products and services, on a worldwide basis, and in all forms of media, now or hereafter known, in perpetuity, including without limitation, on Sponsors’ websites, without review, permission or further compensation (except where prohibited by law). You consent to Sponsors’ use of your Likeness and agree that: (a) no further consideration will be paid to you for such use; (b) consent and release is given without coercion or duress; (c) this agreement is binding upon your heirs and future legal representatives; and (d) the consent is not limited to this Contest, and your name and submission may be used in subsequent media.
15. WAIVER. You waive any right to inspect, select, or approve Sponsors’ use of the Submission. You hereby release, discharge, and hold harmless Released Parties (as defined below), from any liability for alterations, distortions, or any other modifications, whether intentional or otherwise, of the Submission.
16. RELEASE. By participating in this Contest, you release and hold harmless Sponsors, Sponsors’ suppliers and service providers, and each entity’s officers, members, directors, agents, and employees (“Released Parties”) harmless from any and all losses, costs, liabilities or expenses arising out of or relating to: (a) a claim or cause of action alleging personal injury, death, or damage to or loss of property; (b) your participation in the Contest, including the receipt, use, or misuse of any prize; and (c) Sponsors’ use (or misuse) of your Submission or your Likeness.
17. SOCIAL MEDIA RELEASE. By entering the Contest, you release and hold harmless Facebook, Twitter, Pinterest, Instagram, and their respective subsidiaries, affiliates, suppliers, distributors, agencies, and each of their respective parent companies, and each such company’s officers, directors, employees and agents 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, including the receipt, use, or misuse of any prize.
18. LIMITATIONS OF LIABILITY. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors, or errors in equipment or programming used in association with the execution of the Contest; (2) technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections of websites, internet access, or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; (5) any lost, late, delayed, destroyed or misdirected Submissions, whether caused by Sponsors, any entrant, or any technical or other error; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from your participation in the Contest or receipt or use or misuse of any prize. Sponsors expect you to save copies of your Submission. If for any reason your Submission is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, your sole remedy is another entry in the Contest, provided that if it is not possible to award another entry due to discontinuance of the Contest, Sponsors, at their discretion, may elect to award the prize to a winner from among all eligible entries received up to the date of discontinuance. No more than the stated number of prizes will be awarded.
19. INDEMNIFICATION. By participating in this Contest, you agree to defend, indemnify, and hold harmless the Released Parties and their officers, directors, employees and agents from and against any all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out or relating to your breach of these Official Rules or any use of the Submission, including but not limited to claims for copyright, trademark or other intellectual property infringement, any claims for violation of privacy or publicity rights, or any claim that the Submission violates any applicable law, rule, regulation or order.
20. GENERAL CONDITIONS. Sponsors reserve the right to cancel, suspend, amend and/or modify the Contest, or any part of it, if any fraud, technical failure or any other factor beyond Sponsors’ reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsors in their sole discretion. In such event, Sponsors reserve the right to award the prize from among the eligible Submissions received up to the time of the impairment, based on the judging criteria listed above. Sponsors reserve the right, in their 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. Sponsors’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
21. DISPUTES. Except where prohibited, you agree 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 only in the appropriate court having jurisdiction in Portland, Oregon; (2) any and all claims, judgments and awards against Sponsors shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will you be permitted to obtain awards for, and you hereby waive 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 Sponsors in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Oregon, without giving effect to any conflict of law rules.
ENTRANT’S PERSONAL INFORMATION. By participating in the Contest, you consent to Sponsors’ collection, use and disclosure of your personal information for the purposes of administering and communicating with you about the Contest and other purposes as described in Sponsors’ privacy policies, which you may view at http://www.moonstruckchocolate.com/privacy_policy, and https://www.pdxmonthly.com/pages/privacy. By entering the Contest, you agree to receive email newsletters, updates, and/or other promotional communications periodically from Sponsors. Entrants can opt-out of receiving communications at any time by clicking the unsubscribe link in the email newsletter.
22. SPONSORS. Moonstruck Chocolate Company, 6600 N Baltimore Ave, Portland OR 97203, and SagaCity Media dba Portland Monthly, 921 SW Washington Street, Suite 750, Portland, OR 97205.
23. QUESTIONS. If you have questions about this Contest, please contact Sponsors at Emily Wyant at firstname.lastname@example.org