SUNNYD BACK TO SCHOOL KICK OFF CONTEST OFFICIAL RULES

 

No Purchase Necessary. Void where prohibited. Open to legal residents of the 50 United states, including the District of Columbia, WHO ARE 13 YEARS OF AGE OR OLDER AS OF DATE OF ENTRY.

 

  1. Contest Period: The SUNNYD Back to School Kick Off Contest (“Contest”) begins at 12:00 PM Eastern Time (“ET”) on July 5, 2019 and ends at 11:59 p.m. ET on September 15, 2019 (“Contest Period”). All eligible entries received throughout the Contest Period will be judged to determine five (5) overall Grand Prize winners, one hundred (100) First Prize winners, and one thousand (1,000) Second Prize Winners.

 

  1. Eligibility: The Contest is open to legal residents of the 50 United States, including the District of Columbia, who are 13 years of age or older as of date of Entry (defined below), except employees and their immediate family members (spouse, parent, child, sibling and/or the household members of each) of Sunny Delight Beverages Co. (“Sponsor”), Advantage Sales & Marketing LLC, d/b/a The Sunflower Group (“Administrator”), and each of their affiliates, respective divisions, subsidiaries, licensees, agents, successors and assigns, advertising and promotion agencies (collectively, “Contest Entities”). This Contest is void wherever prohibited, and subject to all federal, state and local laws.

 

  1. How to Enter the Contest: During the Contest Period, consumers who choose to enter the Contest (“Entrant”) can enter by submitting an original photo featuring their back to school style and SUNNYD product or likeness (“photo”) with an original caption with a maximum of 280 characters (“caption”) including the hashtag #SDBTSCONTEST (collectively, “Entry”). Entrants can download SUNNYD content/imagery to include in their Entry by visiting https://sunnyd.com/bts/. Entrants can enter the Contest in one (1) of two (2) ways.

·       VIA TWITTER: Entrants can enter the Contest via Twitter by tweeting their photo to their Twitter feed with a caption that includes the hashtag # #SDBTSCONTEST (collectively “Twitter Entry” or “Entry”). Entrants that choose to enter the Contest via Twitter must have a valid public Twitter account and have their Twitter Feed privacy options noted as unprotected. If Entrant does not already have a Twitter account, one can be opened for free by visiting www.twitter.com or by downloading the Twitter application from the Apple Store or Google Play. Entrant must also be a follower of the SUNNYD Twitter account at @sunnydelight. Entry must be publicly posted on Entrant’s Twitter feed for the duration of the Contest Period. Entry must comply with Twitter’s Terms of Service, which Entrants can access at https://twitter.com/en/tos.

·       VIA INSTAGRAM: Entrants can enter the Contest via Instagram by uploading their original photo to their Instagram account, including the hashtag #SDBTSCONTEST in the caption, and tagging the Sponsor at @sunnydofficial collectively “Instagram Entry” or “Entry”). Entrants that choose to enter the Contest via Instagram must have a valid Instagram account and have their privacy settings set to public. If Entrant does not already have an Instagram account, one can be opened for free by visiting www.instagram.com or by downloading the Instagram application from the Apple Store or Google Play. Entrant must also be a follower of the SUNNYD Instagram account at @sunnyofficial. Entry must be publicly posted on Entrant’s Instagram account for the duration of the Contest Period. Entry must comply with Instagram’s Terms of Use which Entrants can access at http://instagram.com/about/legal/terms/.

 

Limit one (1) Entry per person per day regardless of method of Entry (and each Entry must be unique). Entries must be received by 11:59 p.m. on September 15, 2019, in order to be eligible to be judged. Sponsor may choose to post submitted Entries that comply with the Contest Entry Requirements in an online gallery (“Gallery”).  Entries (as determined by Sponsor) will be posted in the Gallery through the conclusion of the Contest Period and possibly thereafter, and can be removed at any time. If an Entry is posted in the Gallery, it has no bearing on winner determination.

  1. Contest Entry Requirements: In the event the Sponsor, in its sole discretion, determines that any Entry contains content that does not comply with these Official Rules or does not otherwise comply with regulatory guidelines or eligibility requirements, the Sponsor reserves the right to disqualify and remove the Entry or, if Sponsor determines, edit the content of the Entry. All Entries must comply with these Official Rules in order to be eligible. Entry must be original to Entrant or parent/legal guardian if winner is a minor in his/her primary state of residence (“minor”) and owned by Entrant or parent/legal guardian. Each Entrant attests that he/she has made all those depicted in the Entry aware that he/she is submitting an Entry containing them in this Contest, and all depicted have agreed that Entrant may submit such Entry and if any minor is depicted, Entrant must be their parent or legal guardian. Any people included in the Entry besides Entrant acknowledge and agree that should the Entry be determined a winner, only the Entrant will be eligible to receive a prize. The Entry must not contain content that is known by Entrant to be false, inaccurate or misleading. Any Entry deemed inappropriate or unsuitable, in Sponsor's sole discretion, will be disqualified. Entry must not contain material that is inappropriate, indecent, profane, obscene, hateful, tortious, defamatory, slanderous or libelous (including words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation, or socioeconomic group). Entry must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. Any Entry or portion thereof that is, in Sponsor’s sole discretion, obscene, profane, lewd, defamatory, contains any third-party materials, or otherwise violates or infringes (or may infringe) any copyright, trademark, logo, mark that identifies a brand or other proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity or makes reference to any commercial/corporate advertising [including but not limited to, corporate logos or brand names (except those owned by Sponsor), slogans, political, or religious statements], or is otherwise objectionable, may disqualify the Entry, in Sponsor’s sole discretion. Sponsor reserves the right to blur or black out any infringing material in their sole discretion. Any items or accessories shown in the Entry should not contain any visible logos, drawings, cartoons, phrases, trademarks or other third-party materials (other than Sponsor-owned). Entry may not be owned, taken or edited by a professional photographer. Entry must not contain viruses, worms, bots, spyware or any other computer code that is intended to damage, interfere with, or surreptitiously intercept or expropriate any system, data or information. Entrants and all submitted Entries must be in keeping with Sponsor's image/brand image as determined by Sponsor, in its sole discretion, or Entry will be disqualified from the Contest. The Entry must not disparage persons or organizations associated with Sponsor. Each Entrant represents and warrants that Entry does not and will not violate any applicable laws, and is not and will not be considered defamatory or libelous.

  2. Transfer of Rights: By entering the Contest, Entrants (or parent/legal guardian for any minor Entrant) grant to Sponsor the perpetual, worldwide right to use, publish and display their name, Entry, biographical material, voice, image, likeness and appearance (the “Materials") in all media and in all forms, now known or later developed, including, but not limited to, print, video, audio, television or the internet, for use in advertising and promotion of Sponsor and any of its products or services, without further compensation or any limitation whatsoever. Entrants (or parent/legal guardian for any minor Entrant) agree that all Materials are owned by Sponsor and that Sponsor may copyright the same. Entrants hereby release any rights they may have with respect to the Materials, and agree that the Materials need not be submitted for any further approval. Entrants (or parent/legal guardian for any minor Entrant) grant the Sponsor the right, in their sole discretion, to edit, composite, morph, scan, duplicate, or alter the Materials (as applicable) for any purpose which Sponsor deems necessary or desirable, and each Entrant (or parent/legal guardian for any minor Entrant) irrevocably waives any and all so-called moral rights they may have therein. Sponsor shall have the right to freely assign its rights hereunder, in whole or in part, to any person or entity. Sponsor shall retain the rights granted in each Entry even if the Entry is disqualified. Without limitation of the foregoing, submission of an Entry constitutes Entrant’s (or parent/legal guardian’s for any minor Entrant) agreement that Sponsor may display the Entry online for public viewing (whether on Sponsor’s web pages, applications or on third party web pages or applications), to incorporate the Entry in online and offline promotional advertising, marketing, and/or other commercial materials, and to reproduce, adapt and distribute the Entry in all media whether now known or later developed. Entrant (or Entrant’s parent/legal guardian if they are a minor) waive any right to inspect or approve uses of the Entry or Materials or to be compensated for any such uses.

  3. Judging: On or about September 27, 2019, all eligible Entries received will be judged by the Administrator, to determine five (5) Grand Prize winners, one hundred (100) First Prize winners, and one thousand (1,000) Second Prize Winners, based on the following judging criteria (“Judging Criteria”): Originality/Creativity (25%), Brand Enthusiasm (25%), Visual Appeal/Style (25%) and, Relevance to Theme (25%). Decisions of the Administrator are final and binding on all matters relating to this Contest. Under no circumstance will information regarding judging be shared with Entrants. Being declared a winner is subject to validation and verification of eligibility and compliance with all terms and conditions set forth in these Official Rules. In the event of a tie, tied Entries will be re-judged based 100% on Visual Appeal/Style.

 

  1. Prizes and Approximate/Actual Retail Values (“ARV”):

 

·       Grand Prizes (5): A $1,000 Family “New Kicks” Shopping Spree, awarded in the form of a Sponsor-specified gift card. The ARV of each Grand Prize is $1,000.

·       First Prizes (100): $200 towards new Sponsor-specified shoes, awarded in the form of a Sponsor-specified gift card. The ARV of each First Prize is $200.

·       Second Prizes (1,000): One thousand (1,000) coupons redeemable for a free bottle of SUNNYD (up to $3 ea.). The ARV of each Second Prize is $3.00.
 

8.     General Rules: Gift cards and coupons are subject to additional terms and restrictions and expiration dates may apply. Prizes are not transferable. No substitution or transfer of prize permitted except at the sole discretion of the Sponsor. Taxes related to the prizes are the responsibility of the winners. Potential winners will be notified via direct message on Twitter or Instagram (as applicable, depending on the platform on which they entered) with prize claim instructions and must reply with all information requested, including email address and mailing address within 48 hours. If potential winner does not respond to the direct message by the deadline instructed, an alternate winner will be selected and notified via the same means as above First and Second Prize winners will subsequently receive their prizes via mail within 6-8 weeks thereafter and all prizes won by minors will be awarded to their parent/legal guardians. Potential Grand Prize winner (or parent/legal guardian for any minor winner) will be required to execute and return via email/mail, an Affidavit of Eligibility and Liability/Publicity Release and Assignment of Rights (where legal) within seven (7) days of notification or prize will be forfeited and an alternate winner will be determined. If any prize/prize notification is returned as non-deliverable, or if a potential winner fails to return the required documents or respond by the required deadline, an alternate potential prize winner will be determined. If a potential winner is found to be ineligible or if a potential winner does not comply with the Official Rules, then potential winner may also be disqualified and an alternate potential prize winner will be determined. By participating, Entrants (or parent/legal guardian for any minor Entrant) agree to these Official Rules and the decisions of the Sponsor and Administrator, which shall be final and binding in all respects. Winners and Entrants (or parent/legal guardian for any minor winner/Entrant) agree to release and hold harmless Contest Entities and Sponsor from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with creation of or submitting an Entry or otherwise participating in or preparing for any aspect of the Contest, the receipt, ownership, possession and/or use or misuse of prize awarded or any typographical or other error in these Official Rules or the announcement or offering of the prizes or for any claims or causes of action based on publicity rights, defamation or invasion of privacy. Nothing herein shall constitute any obligation on Sponsor to make any use of any of the rights set forth herein. The Sponsor and its agencies are not responsible for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in the Contest or by any human error which may occur in the processing of the Entries in the Contest or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with the Contest. The Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the Entry process or the operation of the Contest or any site; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. 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. Sponsor reserves the right to cancel or modify the Contest for any reason, including (but not limited to) if, for any reason, the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest. If such cancelation occurs, Sponsor reserves the right to determine the winners from among all eligible Entries received prior to cancellation based on the same criteria listed above. If there are any discrepancies between printed materials and these Official Rules, the Official Rules will govern and control.

  1. Data Collection: Sponsor collects personal information from Entrants when they enter the Contest for use in administration of the Contest.  When entering, Entrant may be asked to consent to receive promotional emails and information about Sponsor.  Consenting to receive such emails and information is optional, and is not necessary to enter or win this Contest, nor will it increase or improve their chances of winning. The information collected is subject to the Privacy Policy located at http://www.sunnyd.com/privacy-policy/.

 

10.  Winners List: For the names of the winners, available after October 22, 2019, please send a self-addressed, stamped envelope to: SUNNYD Back to School Kickoff Contest Winners, 360 Lexington Avenue Floor 19, New York, NY 10017. Requests must be received by October 22, 2019.

11.  Sponsor/Administrator: This Contest is sponsored by Sunny Delight Beverages Co.,10300 Alliance Rd #500, Blue Ash, OH 45242. The Administrator of the Contest is Advantage Sales & Marketing LLC d/b/a Sunflower Group 360 Lexington Avenue Floor 19, New York, NY 10017.

 

Instagram and Twitter are not affiliated with the Contest in any way and are not responsible for the administration of the Contest or the awarding of the prizes. Entrants understand that they are providing their information to Sponsor and not to Instagram or Twitter. No endorsement or approval of Contest by Instagram or Twitter are expressed or implied.