GOLDFISH ® TALES ANIMATION XPERIENCE CONTEST Powered by Goldfish Colors
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED.
BY ENTERING THE CONTEST, ENTRANT AGREES TO THESE OFFICIAL RULES.
ALL VIDEOS SUBMITTED MAY APPEAR ON SPONSOR’S WEBSITE, SPONSOR’S FACEBOOK PAGE, OR IN ANY OTHER MEDIUM FOR ANY PURPOSE WITHOUT NOTICE, APPROVAL OR ADDITIONAL COMPENSATION IN SPONSOR’S SOLE DISCRETION.
1. Eligibility: The Goldfish® Tales Animation Xperience Contest (the "Contest") is open only to legal residents of the 50 United States and District of Columbia, 18 and older (or 19 and older for residents of AL and NE or 21 and older for MS) at the time of entry. Void where prohibited by law. No purchase necessary to enter the Contest. Employees of Pepperidge Farm, Inc. (the "Sponsor"), Brandmovers, Inc. ("Administrator”), or any of their respective affiliates, parents, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Contest (collectively with Sponsor and Administrator, the "Contest Entities") and their immediate family (spouse, parents and step-parents, siblings and step- siblings, and children and step-children) and household members of each such employee are not eligible to enter or win. The Contest is subject to all applicable federal, state, and local laws and regulations. Participation constitutes entrants full and unconditional agreement to these Official Rules and Sponsors decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Contest Period: The Contest begins on December 19, 2016 at 02:00:00 PM Eastern Time (“ET”) and ends on February 27, 2017 at 11:59:59 PM ET (the "Contest Period"). The Website (defined below) clock is the official timekeeper for this Contest. The Website (defined below) clock is the official timekeeper for this Contest.
3. HOW TO ENTER THE CONTEST: To enter the Contest, during the Contest Period, create an animated video featuring Goldfish® crackers that is up to 60 seconds in length and upload it to YouTube (the “Video”). PLEASE NOTE: Each Video MUST include a clear and conspicuous notice and disclosure that states: “This Video is an entry into a contest sponsored by Pepperidge Farm, Inc.” OR the “Includes paid promotion” content declaration found in advanced settings within YouTube (each hereinafter referred to as a “Notice”). Each Video’s Description page on YouTube must also include the same or similar Notice to debate that the video is a contest submission. Any Video or YouTube Description page that does not include the Notice will be deemed to not be in compliance with these Official Rules and may be disqualified at Sponsor’s sole discretion. A photo of a Goldfish cracker for inclusion in your Video is available here if you do not have access to an actual Goldfish cracker. Then, visit www.goldfishsmiles.com (“Website”), find and complete the entry form by providing your birth date, full name, city, state, zip code, telephone number and email address. Upon submitting the entry form, upload your YouTube link to your Video. If the Video includes music, the music must be original to the animator/entrant or royalty free. For royalty free music options to include in your Video, see apps/sites outlined in Section 4.9. By entering, you are subject to YouTube’s Terms of Service (https://www.youtube.com/static?gl=US&template=terms), including the YouTube Community Guidelines, located at http://www.youtube.com/yt/policyandsafety/communityguidelines.html. Video entries must be received by 11:59:59 PM ET on February 27, 2017 to be eligible. Any attempt at email or other Internet entry is void. Proof of submission of the Video will not be considered proof of receipt. Any entry that is submitted without a Video will be void.
Limit of one (1) Video entry per person per day during the entire Contest Period. Entrants may only enter multiple videos if each Video is new and unique to its other entries. Multiple entrants are not permitted to share the same YouTube or email account. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different YouTube or email accounts, identities, registrations and logins, or any other methods will void that entrants entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any YouTube or email account, the authorized account holder of the email address used to register the account will be deemed to be the entrant. 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 potential winner may be required to show proof of being the authorized account holder.
If entrants choose to enter using their mobile device, standard data fees may apply. Entrants should consult their wireless service providers pricing plan for details. Entrants agree to incur any and all charges demanded by their wireless carrier. Entrants should also check their devices features for capabilities and check the device manual for specific use instructions.
By entering, each entrant warrants and represents the following with respect to entrant’s Video entry: (a) entrant is the sole and exclusive owner of theVideo entry; (b) the Video entry will not infringe on any rights of any third parties; and (c) any third parties appearing in the Video entry have given entrant appropriate consent to be depicted and used as permitted herein. Sponsor reserves the right to request releases from any third parties appearing in any Video entry at any time. Failure to produce third party releases upon Sponsor’s request may result in disqualification, as determined by Sponsor is its sole and absolute discretion.
Providing a Video entry 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 Videos 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.
Each entrant acknowledges that other entrants may have used ideas and/or concepts in their Video that may be similar in idea or concept to what is included in entrant’s Video. Each entrant understands and agrees that he/she shall not have any claim against any other entrant or Sponsor arising out any such similarity or be entitled to any compensation because of any such similarity.
All entries become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, 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. 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.
4. Video Entry and Content Requirements and Restrictions: Entrants agree to and understand that Video entries must comply with the following Video Entry Requirements, as determined by Sponsor in its sole and absolute discretion, and may be made available to the public, including without limitation, posting on the Internet and may appear in Sponsor’s advertising and marketing materials. Whether or not Video entries are published on the Internet, Sponsor does not covenant or guarantee any confidentiality with respect to any Video entries.
The Video entry must not have been submitted previously in any Contest of any kind or exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends and family) through any means previously.
The Video may not exceed 60 seconds in length.
The Video must include positive content about Goldfish crackers. Any Video that disparages Goldfish crackers, Sponsor or any other person or party will automatically be disqualified.
The Video must include the following Notice at the beginning of the video (AND on the Display page in YouTube where the Video is posted): “This Video is an entry into a contest sponsored by Pepperidge Farm, Inc.”
Each Video entry must be an original creation of the submitting entrant which is under no restriction, contractual or otherwise, that will prevent Sponsors use of the Video entry, and the Video entry must be free of any and all liens, encumbrances and claims of third parties. Entrant acknowledges, agrees and warrants that, nothing in the Video entry infringes on any copyrights, confidential information, trade secrets or trademarks belonging to any person or entity other than the Video entrant absent a suitable license, clearance or permission agreement (proof of which is required upon submission), or violates any persons rights of privacy or publicity and that all necessary releases and permissions have been secured. Entrant agrees to indemnify and hold harmless each of the Contest Entities and their respective parent, subsidiaries, and affiliates and each of their respective officers, directors and employees, from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by entrant of these Official Rules or the warranties and representations made by entrant in this paragraph. Modifying, enhancing or altering a third partys preexisting work does not qualify as entrants original creation.
By uploading the Video entry, the entrant agrees, without financial compensation, to grant to Sponsor an unlimited, irrevocable, perpetual, royalty-free license in and to the Video entry including the right to to publish, edit, make derivative works from, make available to the public, and/or reproduce the Video entry through any media available at any time during or after the Contest Period on any related websites, in any promotional materials, whether related or un-related to the Contest, and at any other location worldwide, whether physical or online, that Sponsor, in its sole discretion, deems appropriate and necessary for the operation and promotion of this Contest. Entrant agrees to release, defend, indemnify and hold harmless each of Contest Entities, YouTube Inc. and each of their parent, subsidiaries, and affiliates and each of their respective owners, employees, directors, officers, agents, and subcontractors (collectively, “Released Parties”) from all claims, demands, and causes of action of any nature whatsoever which entrant or entrants heirs, representatives, executors, administrators, or any other persons acting on entrant’s behalf or on behalf of entrant’s estate, have or may have by reason of: (i) Sponsor’s exercise of any rights granted by entrant in this paragraph; (ii) claims based on violation of any right of publicity or rights of personality, infringement of copyright or trademark, libel, slander, defamation, invasion of privacy, loss of earnings or potential earnings in connection with Sponsor’s use of the Video entry and any portion thereof, or the likeness of any natural person therein.Entrants are responsible for securing necessary permissions, talent and location releases, and licenses for any visual material contained in the Video entries.
Video entries must not contain or depict: (a) someone or something smoking or intoxicated; (b) 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; (c) unacceptable clothing or adornments, or displays any commercial/corporate advertising other than that of Sponsor (including but not limited to corporate logos, brand names, trademarks, slogans, political, personal and religious statements); (d) indecent or unsafe behavior or situations, profanities or obscenities, including but not limited to nudity, or pornography, or is otherwise inappropriate, indecent, profane, obscene, hateful, tortuous, slanderous or libelous; (e) persons or organizations without their written permission; (f) disparaging remarks about any persons, groups or organizations; (g) threating remarks or material to any person, place, business, or group; or (h) unlawful, in violation of or contrary to all applicable federal, state, or local laws and regulations.
We recommend using the following approved Apps for animation in the Video: iStopMotion for iPad at https://itunes.apple.com/app/istopmotion-for-ipad/id484019696?mt=8&ign-mpt=uo%3D8, PicPac Stop Motion at https://play.google.com/store/apps/details?id=tv.picpac&hl=en, or Frameographer at https://itunes.apple.com/us/app/frameographer-stop-motion/id503347879?mt=8.
If the Video includes music/Sound, it must be original to the animator/entrant or royalty free. For royalty free music, we recommend using the following approved Apps for Sound in the Video: Free Sound at www.freesound.org, Audio Micro at http://www.audiomicro.com/free-sound-effects, Sound Bible at www.soundbible.com or Free SFX at www.freesfx.co.uk.
Failure of any Video entry to comply with the above "Video Entry and Content Requirements and Restrictions," as determined by Sponsor, in its sole discretion, may result in disqualification of entrant. Without limitation, Sponsor reserves the right in its sole discretion to disqualify any entry that, in their sole opinion, refers, depicts or in any way reflects negatively upon the Sponsor, the Contest or any other person or entity, does not comply with these Official Rules or if Sponsor receives notification about any potential infringements or breaches of law or any other reason set forth herein. All Video entries shall become the exclusive property of Sponsor and will not be returned. Video entries must be suitable for presentation in a public forum, in sole determination of Sponsor.
Judging Criteria and Winner Selection
An independent judging committee will review each Video submitted and will put them into one (1) of the following four (4) categories, at their sole discretion (1) Best Use of Goldfish (a film that showcases Goldfish crackers in the most creative or amusing way); (2) Best Story (a film with the most compelling storyline); (3) Best Film by Up-and-Coming Animators (a film that may not be the most polished, but shows incredible enthusiasm all the same); or (4) Best Overall Film (a film that combines multiple elements like technique, originality, effort, etc., resulting in the best overall final product) (each, a “Category” or collectively, “Categories”). All Video entries received will be judged from among all eligible entries received in each Category using the following judging criteria and percentages:
(1) Category #1 Best Use of Goldfish judging criteria will include: creativity and originality of how one integrates the Goldfish cracker(s) into the Video (51%); perceived level of effort and attention to detail in Goldfish cracker integration (25%); and amusement/wit of Video’s use of Goldfish cracker (24%);
(2) Category #2 Best Story judging criteria will include: best perceived depiction of a storyline (51%); creativity/originality of storyline and narrative (25%); and perceived level of effort and attention to detail (24%);
(3) Category #3 Best Film by Up and Coming Animators judging criteria will include: effort/enthusiasm in video creation as perceived by judging committee (45%); level of charm of video as perceived by the judging committee (35%); and creativity/originality of video elements (20%); and
(4) Category #4 Best Overall Film judging criteria will include: best overall technique as perceived by judging committee (45%); creativity/originality of video (35%); and level of effort as perceived by judging committee (20%).
The top three (3) Video entries with the highest scores from among all eligible Video entries received in such Category will be deemed the twelve (12) “Nominees” (3 from each of the 4 Categories) and each will be contacted by Sponsor or Administrator on behalf of Sponsor, by telephone and email, on or about March 14, 2017 and will have 5 days to return any required paperwork which will be emailed to each potential Nominee to accept his/her nomination. Upon receipt and verification of all required paperwork accepting his/her nomination, each Nominee’s Video will appear on the Website. Limit one (1) Nominee per person for the entire Contest Period. Failure to respond to the notification message within five (5) days of notification, or return of message notification as undeliverable after three (3) attempts may result in disqualification and an alternate potential winner who received the next highest score may be named a Nominee in place of the original Nominee, at Sponsor’s sole discretion.
Then, the Nominee who received the highest overall score using the judging criteria above from his/her Category will be deemed the Grand Prize winner of that Category, and his/her name will be announced on the Website on or about April 21, 2017. Each Grand Prize winner will also be notified by telephone or email. Sponsor’s decisions as to the administration and operation of the Contest and the selection of potential winners is final and binding in all matters related to the Contest. The Nominees who did not receive the highest overall score using the judging criteria above will be deemed Runner’s Up Winners and will receive a Runner’s Up Prize.
THE POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY ADMINISTRATOR AND SPONSOR’S DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST.
Verification of Potential Winners
In order to be confirmed as a Winner, and without limitation of any other terms herein, the potential Winner may be required to provide satisfactory proof, as determined by Sponsor in its sole discretion, that such potential Winner is an eligible Entrant, including but not limited to providing a copy of the potential Winner’s government-issued identification and/or additional information required by Sponsor in order to verify eligibility and compliance with these Official Rules. Potential Winners may be required to sign and return to Administrator, within five (5) days of the date notice is sent, an Affidavit of Eligibility, and a Liability/Publicity Release (except where prohibited) in order to claim his/her prize. If any potential Winner cannot be contacted, fails to sign and return the Affidavit of Eligibility and Liability/Publicity Release within the required time period (if required), potential Winner will forfeit the prize.
8. PRIZES AND APPROXIMATE RETAIL VALUES (“ARV”):Four (4) Grand Prizes (one (1) per Category): $5,000.00. ARV: $5,000 each. Twelve (12) Nominee Prizes (three (3) per Category) A Sponsor-specified Gift Bag consisting of: one (1) Animation Xperience cinch bag, one (1) case of Goldfish® Colors crackers, one (1) octopus style portable and adjustable tripod as selected by Sponsor in its sole discretion, and one (1) Stoopid Buddys Studio DVD as selected by Sponsor in its sole discretion. ARV: $180.74 each. Total ARV of all Prizes: $27,168.88. Any difference between the actual retail value and stated ARV will not be awarded. Prizes cannot be transferred, assigned, substituted, or redeemed for cash, but Sponsor reserves the right to substitute any prize, or any portion thereof, with prize of equal or greater value, should any prize become unavailable for any reason. Taxes on the prize are solely the winner’s responsibility.
9. Entry Conditions and Release: By entering, each entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor which are binding and final in all matters relating to this Contest; (b) release and hold harmless the Released Parties from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or Video of an entry, participation in the Contest, the Video, acceptance or use or misuse of prize and/or the broadcast, exploitation or use of entry or the Video; and (c) indemnify, defend and hold harmless the Contest Entities from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an entrant’s participation in the Contest and/or entrant’s acceptance, use or misuse of prize or any portion thereof.
10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, for any reason whatsoever, including, without limitation, fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction or if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. If the Contest is terminated before the designated end date, Sponsor will (if possible) select the winner using the Judging Criteria above from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such judging shall be each entrant’s sole and exclusive remedy under such circumstances. Sponsor reserves the right in its 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. 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. Only the type and quantity of prizes described in these Official Rules will be awarded. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
11. Limitations of Liability: The Contest Entities as set forth above are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing 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 entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; or (5) 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. If for any reason an entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s 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, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold judging from among all eligible entries received up to the date of discontinuance for any or all of the Prizes offered herein. Entrant further agrees and acknowledges that Sponsor reserves the right to forfeit or award any unclaimed or leftover Prize at its sole discretion.
12. Disputes/Governing Law: Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest, other than those concerning the administration of the Contest or the determination of winner or for any disputes arising from the loss or injury from the participation in a Prize, shall be resolved individually, without resort to any form of class action; (ii) any disputes arising out of these Official Rules (except for any disputes arising from the loss or injury from the use of Prizes) shall be submitted to final, binding arbitration conducted in Connecticut, under the Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Services Inc. before a single, neutral arbitrator who is a former or retired Connecticut state or federal court judge with experience in entertainment matters who shall Connecticut law and the Federal Rules of Evidence and have no authority to award punitive damages. Either party may enforce a final arbitration award in any court of competent jurisdiction in Connecticut, including an award of costs, fees and expenses incurred in enforcing the award. Notwithstanding the foregoing, Contest Entities shall be entitled to seek injunctive relief (unless otherwise precluded by any other provision of these Official Rules) in the state and federal courts of Connecticut. Any dispute or portion thereof, or any claim for a particular form of relief (not otherwise precluded by any other provision of these Official Rules), that may not be arbitrated pursuant to applicable state or federal law may be heard only in a court of competent jurisdiction in Connecticut; (iii) 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 attorneys’ fees; and (iv) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. 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 Connecticut, without giving effect to any choice of law or conflict of law rules (whether of the State of Connecticut or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Connecticut.
13. Contest Winners: For the Contest Winners’ names (available after April 21, 2017) send a hand-printed, self-addressed, stamped envelope by March 17, 2017 to: Winners List,/Official Rules (designate which), Goldfish® Tales Animation Xperience Contest, c/o Brandmovers, Inc., 590 Means Street, Suite 250, Atlanta, GA 30318. For a copy of these Official Rules may also be obtained by printing the Website.