#Apples4Ed Contest Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR FOR YOUR DESIRED SCHOOL TO WIN. A PURCHASE WILL NOT IMPROVE THE CHANCES OF YOUR DESIRED SCHOOL OF WINNING. VOID WHERE PROHIBITED BY LAW
1. Description of the Contest. The U.S. Apple Association is sponsor of the #Apples4Ed Contest (“Contest”), by which participants will be able to vote for school causes of their choice, from a group of school causes pre-selected by the U.S. Apple Association and listed at www.Apples4Ed.com , to receive monetary prizes of up to US$5,000, with a total prize pool of $25,000.
2. Eligibility. Participation in the Contest is open only to legal residents of the fifty United States, and the District of Columbia who have attained the age of majority in their state of residence as of date of entry. Employees, officers, and directors of Marzetti and the U.S. Apple Association (USApple) (“Sponsor”), its members, affiliates, advertising and promotional agencies, and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter. Persons associated with the pre-selected school causes are permitted to participate. The Contest is subject to all applicable federal, state and local laws and regulations.
3. Agreement to Comply with Official Rules. Participation in this Contest constitutes entrant’s full and unconditional agreement to these Official Rules and the Sponsor’s decisions, which are final and binding in all matters related to this Contest. In the event that any participant is found to have violated the eligibility rules stated herein, his/her vote will not count toward the selection of a cause.
4. Timing. The Contest begins on October 1, 2016 at 12:01 am Eastern Time (ET) and ends on November 12, 2016 at 11:59pm ET (the “Contest Period”).
5. How to Participate.
(a) To enter the Contest entrants must upload a photo of an apple, apple product (such as apple slices, apple butter, apple juice, or similar product) or] a Marzetti food product that can be used with apples (“Original Photo), to either Instagram or Twitter, tag it with the hashtag #Apples4Ed and the unique hashtag of one (1) cause identified on Apples4Ed.com. Alternatively, entrants may also upload their Original Photo using the online voting form at www.Apples4Ed.com . All entry information and photo(s) are collectively referred to herein as the “Submission.” Submissions must comply with these Official Rules. Original Photos must comply with all rules and technical requirements of Instagram or Twitter, as the case may be. Entrants must have a valid public Instagram or Twitter account, unless they opt to make their Submission via Sponsor’s online web form.
(b) Each Submission that complies with these Official Rules counts as one vote toward the cause whose hashtag is featured in the post, unless otherwise stated, and will also be entered into the Apples4Ed Sweepstakes for a chance to win randomly awarded prizes. (See Apples4Ed Sweepstakes Official Rules at https://apples4ed.com/official-rules/ for additional terms and conditions for the Sweepstakes.) Entrants can submit as many Original Photos as they wish during the Contest Period. Original Photos that contain Marzetti food products will be accorded equal weight as all other Submissions. From Monday, October 17, 2016 at 12:00 am ET to Sunday, October 23, 2016 at 11:59 pm ET, Original Photos that depict both apples or apple products, with Marzetti® products and comply with these Official Rules will count as two (2) votes toward the entrant’s selected school cause.
(c) By entering, each entrant warrants and represents the following with respect to entrant’s Submission: (i) entrant is the sole and exclusive owner of the Submission; (ii) the Submission is entrant’s own creation; (iii) the Submission will not infringe on any rights of any third parties; and (iv) any third parties appearing in the Submission have given entrant appropriate consent to be depicted and used as permitted herein. Sponsor reserves the right to request third party releases from any third party included in any Submission at any time. Failure to produce fully executed third party releases (if applicable) may result in disqualification of the Submission, in Sponsor’s sole and absolute discretion.
(d) To the extent permitted by applicable law, providing 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 Submissions in whole or in part, on a worldwide basis, in perpetuity, and to incorporate it into other works, in any form, media or technology now known or later developed, for any purpose whatsoever, including for promotional or marketing purposes.
(e) No automated entry devices and/or programs permitted. Receipt of Submissions will not be acknowledged. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled Submissions (which will be disqualified), or for problems of any kind whether mechanical, human or electronic. Proof of Submission will not be deemed to be proof of receipt by Sponsor.
Additional Submission Restrictions. By entering, each entrant agrees that his or her Submission conforms to these Official Rules and that Sponsor, in its sole discretion, may remove any Submission and disqualify an entrant from the Contest if Sponsor believes, in its sole discretion that the entrant’s Submission fails to conform to the following restrictions:
- The Submission must meet the technical and other requirements of Instagram and/or Twitter.
- The Submission must clearly exhibit an apple, apple product (such as apple slices, apple butter, apple juice, or similar product) or a Marzetti® food product that can be used with apples. Photos taken in grocery stores or other retail outlets will be disqualified.
- The Submission must be current, with the Original Photo taken during the Contest Period.
- The Submission must be unique. Entrants cannot upload a consistently similar series of photos using the same apple/snacks. These votes will be disqualified in the final tally.
- The entrant must have obtained any and all consents, approvals or licenses required for the Submission.
Submissions may NOT contain, as determined by Sponsor in its sole discretion, content that:
- violates or infringes any rights of any other party, including but not limited to copyright, trademark, privacy, publicity or any other intellectual property rights;
- contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media);
- disparages any person or entity, including without limitation Sponsor or any other person or party affiliated with the promotion and administration of this Contest;
- is inappropriate, sexually explicit, indecent, obscene, offensive, pornographic, profane, hateful, tortious, defamatory, slanderous or libelous;
- 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;
- promotes alcohol, illegal drugs, tobacco, gratuitous use of firearms/weapons (or the use of any of the foregoing) or a particular political agenda;
- is unlawful, in violation of or contrary to the laws or regulations of the United States or of any jurisdiction where Submission is created;
- contains look-alikes of celebrities or other public or private figures, living or dead;
- communicates messages or images inconsistent with the positive images and/or good will to which Sponsor wishes to associate; and/or violates any law.
Sponsor reserves the right to reject or remove any Submission, in its sole and absolute discretion, that it determines is not in accordance with these Official Rules.
Sponsor’s decisions are final and binding in all matters relating to this Contest, including, but not limited to, interpretation and application of these Official Rules. By entering the Contest, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the Contest.
6. Award of Funds. The cause with the most votes at the end of the contest period will receive the most funding. Overall funds provided to schools will not exceed $25,000. All causes that receive at least 100 votes during the contest period will be awarded a portion of the funds based on the overall percentage of the qualified votes they received. Funds awarded to any individual cause will not exceed $5,000. In the event of a tie, one of the tying causes will be selected at random and awarded one additional vote.
7. Announcement of Winners. The winning school causes will be announced on Sponsor’s website (www.Apples4Ed.com) on or about December 4, 2016 and a representative of the school will be notified by the Sponsor. To receive the prize, the selected representative of the school cause must respond within ten (10) business days of notification. If a representative from the school cause does not respond within ten (10) business days of first notification attempt, if any prize or prize notification is returned as undeliverable, if potential winner rejects his/her prize, or in the event of noncompliance with these Official Rules, such prize will be forfeited and Sponsor will award the prize to the next potential winner based on voting.
8. Additional Conditions. Submissions may be cropped, edited, reformatted, rearranged, combined with other materials and/or otherwise modified, in Sponsor’s sole and absolute discretion. Acceptance of a prize constitutes permission of the winning school cause for Sponsor to use the name of the school cause for advertising and promotional purposes, without notice or additional compensation, except where prohibited by law. Entrants by participating in this Contest, and the winning school causes by accepting prize money, agree to release and hold harmless Sponsor and its advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors, (collectively, “Released Entities”) from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever, including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for or participation in Contest, or possession, acceptance and/or use or misuse of prize, or participation in any Contest-related activity and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action. Entrants who do not comply with these Official Rules or who attempt to interfere with this Contest in any way shall be disqualified. Sponsor is not responsible if Contest cannot take place or if prize cannot be awarded due to acts of God, acts of war, natural disasters, weather or acts of terrorism or any other cause beyond Sponsor’s reasonable control.
9. Disputes: IF NOT RESOLVED THROUGH DIRECT DISCUSSIONS, ANY DISPUTE OR CLAIM WILL BE RESOLVED BY FINAL BINDING ARBITRATION WITH AN EXPERIENCED ARBITRATOR LICENSED TO PRACTICE LAW IN VIRGINIA. VENUE FOR ANY PROCEEDINGS WILL BE IN FAIRFAX COUNTY, VIRGINIA. REMEDIES WILL BE SUBJECT TO ALL LIMITATIONS AND RELEASES IN THESE RULES, AND WILL BE LIMITED TO ACTUAL OUT OF POCKET DAMAGES, AND WILL NOT, IN ANY EVENT, INCLUDE ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES, ATTORNEY’S FEES OR OTHER COSTS OR BRINGING A CLAIM, OR ANY INJUNCTIVE OR OTHER EQUITABLE RELIEF.
10. List of Winners.For a list of all winning school causes, available after December 12, 2016, mail a self-addressed, stamped envelope to: U.S. Apple Association, Attn: Apples4Ed Cause Program, 8233 Old Courthouse Road Suite 200, Vienna, VA 22182
11. Sponsor. U.S. Apple Association, 8233 Old Courthouse Road Suite 200, Vienna, VA 22182
By entering this Contest, you acknowledge that THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, INSTAGRAM, TWITTER, ANY OTHER SOCIAL MEDIA ENTITY OR ANY ENTITY OTHER THAN U.S. APPLE ASSOCIATION. YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND YOU AGREE TO A COMPLETE RELEASE OF ANY OTHER ENTITY INVOLVED IN THE ENTRY OF YOUR SUBMISSION.