OFFICIAL RULES
Diamond Nuts Holiday Contest
NO PURCHASE NECESSARY TO ENTER OR WIN. The Diamond Nuts Holiday Contest ("Contest") begins at 3:00:00 PM Eastern Time ("ET") on Friday, October 24, 2008 and ends at 3:00:00 PM ET on Wednesday, December 31, 2008.
1. ELIGIBILITY: The Contest is open to legal residents of the United States residing in the United States and the District of Columbia (excluding Puerto Rico and all other territories) who are 18 years of age or older at the time of Contest registration. Employees, officers and directors of Diamond Foods, Inc. (“Sponsor”), Real Branding and RealTime Media, Inc., their respective parents, affiliates, suppliers, subsidiaries, advertising, contest, fulfillment and marketing agencies, (collectively, “Sponsor Parties”) their immediate families (parent, child, sibling & spouse) and persons living in the same households as such individuals (whether related or not) are not eligible to participate in the Contest. By entering the Contest, participants release, discharge and hold harmless Sponsor Parties and their respective parents, affiliates, subsidiaries, retailers, agencies and the respective officers, directors, employees and agents of each of the foregoing, from any and all damages whether direct or indirect, which may be due to or arise out of participation in the Contest or any portion thereof, or the acceptance, use/misuse or possession of prizes. By participating, you agree to these Official Rules and to the decisions of the judges (Sponsor) whose decisions are final and binding in all respects. Void in Puerto Rico, all other territories and where prohibited by law, rule or regulation. All federal, state and local laws and regulations apply.
2. HOW TO ENTER THE CONTEST: LIMIT one (1) entry per person for the length of the Contest. Subsequent entries from the same person or email address throughout the Contest will be disqualified. Any attempt by a person to use multiple email accounts to register more than once may result in disqualification at the discretion of the judges or Sponsor upon verification of prize winners.
A) MAIL-IN ENTRIES: For an offline method of entry, send an 8-1/2” x 11” piece of paper with your complete name, address, telephone number, email address, age, type of nut used, and an original essay of 250 words or less describing a holiday decorating idea that uses Diamond nuts, with an optional photograph, to: Diamond Nuts Holiday Contest, 295 E. Swedesford Rd, PO Box 296, Wayne, PA 19087. Entry must be postmarked by 12/31/08 and received by 1/7/09; or
B) ONLINE ENTRIES: To enter the Contest online, visit the Diamond Nuts website at http://www.diamondnuts.com/holidaycontest, and complete the left side of the online entry form with your true and correct information. Once complete, enter your holiday decorating tip, select the type of Diamond nut you used, and upload your optional photographs on the left. Once this information is entered, you must click submit. Your holiday decorating tip must be 1,000 characters or less. You will have the option to upload a total of 3 photographs that show off your holiday decorating tip. Each photo must be submitted in TIFF or JPG format and cannot exceed 2 MB in size. Only clear photographs will be accepted. All entries submitted become the sole property of Sponsor and will not be returned. All entries must be submitted by 3:00:00 PM ET on Wednesday, December 31, 2008.
Sponsor shall have the right to disqualify any entries that they deem to be obscene or otherwise not in good taste, as determined by Sponsor in its sole discretion. Entries may not defame or invade the publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary rights. Any entrant whose work includes likenesses of third parties or contains elements not owned by entrant (such as, but not limited to, company or team logos) must be able to provide legal releases for such use in a form satisfactory to judges and Sponsor, or their entry will be disqualified. All videos submitted may be posted on the publicly accessible Contest Web site during and following the Contest. Sponsor disclaims any and all liability for any infringement of any entrant’s rights in any submission caused by any third party. Sponsor is not responsible for late, lost, illegible, incomplete, stolen, garbled or misdirected entries, all of which are void. Electronic entries will be deemed made by the authorized account holder of the e-mail address submitted at time of entry. The authorized account holder is deemed as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Entries that are incomplete, illegible or corrupted are void and will not be accepted. By entering the Contest, entrant recognizes and agrees that the registration information provided by entrant will be made available to Sponsor; use of such information will be governed by Sponsor’s privacy policy found at http://diamondnuts.com/legal.
3. JUDGING CRITERIA AND WINNER SELECTION: Contest judging will begin on or about January 1, 2009 and end on or about February 1, 2009. One (1) Grand Prize winner, ten (10) first place winners, and twenty (20) second place winners will be selected by the Sponsor based on the decorating tips and optional photographs from all eligible entries received. The judging is based on the following criteria: (50%) Creativity; (50%) Delivery. The decision of the Sponsor is final. The Grand Prize winner will be notified by email and/or phone call on or before February 1, 2009. The first and second place winners may or may not be directly contacted and may only receive their prize in the mail. The Grand Prize winner will be announced on the Diamond Nuts website on or about February 2, 2009.
4. CONTEST PRIZES: ONE (1) GRAND PRIZE: Grand Prize winner and three (3) guests will be flown to New York City, New York on November-December, 2009 to attend The Nutcracker Ballet. Trip will be for 3 days and 2 nights. Trip includes round trip coach air transportation between major commercial airport nearest Grand Prize winner’s residence for Grand Prize winner and his/her guests, round trip ground transportation between hotel and airport and between hotel and performance, certain meals, two (2) nights standard quad occupancy accommodations at a hotel designated by Sponsor, and four (4) tickets to The Nutcracker Ballet. The Grand Prize winner will also have their name and decorating tip featured on the packaging of a Diamond Nuts product. Approximate retail value (ARV) of the Grand Prize trip: $5,000.
Grand Prize Restrictions: Actual prize value depends on the location of the winner’s residence. The difference between the ARV and Actual value of the prize will not be awarded. Trip must be taken on specific dates determined by the Sponsor. If winner and guest cannot travel on the dates specified by Sponsor, the prize will be forfeited in its entirety and an alternate winner will be chosen. Winner and travel companions must travel together on the same itinerary and must travel from major airport closest to the winner’s residence. In the event the Grand Prize winner lives within 180 miles from New York City, NY, Sponsor will provide winner with round trip ground transportation between winner’s residence and New York City, NY in lieu of the round trip coach air transportation from major commercial airport nearest Grand Prize winner’s residence. If the Grand Prize winner is a minor in their state of residence, they must travel with a parent of legal guardian. All other expenses not listed as part of the prize, including certain meals, taxes and gratuities, are the winner’s responsibility.
TEN (10) FIRST PLACE PRIZES: One (1) Outdoor Fire Pit. ARV: $128
TWENTY (20) SECOND PLACE PRIZES: One (1) Diamond Nuts Gift Package. ARV: $25
Total ARV of all prizes awarded: $6,780.
5. PRIZE AWARDING: Limit one (1) prize per person or household. Prizes will only be awarded by Sponsor upon potential winners’ verification and final approval by Sponsor. No prize substitution, cash equivalent of prizes, transfer or assignment of prize permitted, except by Sponsor in its sole discretion. If the winner of any prize is a minor (in any state where the age of majority is not 18), prize will be awarded to the parent or legal guardian. Potential winning entrants will receive prize notification via electronic mail, United States Postal Mail, overnight mail, and/or phone call. All prizes valued below $600 will be fulfilled 6 to 12 weeks after the last day in the month in which the prize has been won. The potential Contest Grand Prize winner will receive notification that he/she has won and will have fourteen (14) days from receipt of winning notification to confirm that the notification has been received. If a winning entrant of any prize cannot be contacted; is ineligible; fails to claim the prize; if the prize notification is returned undeliverable; or if the potential winner otherwise fails to fully comply with these Official Rules, he/she will forfeit that prize and the prize will be awarded to an alternate potential winner as determined by the Sponsor’s judging criteria. After confirming notification receipt, the potential winners will be sent via United States Postal Mail and/or overnight mail an Affidavit of Eligibility/Compliance & Publicity/Liability Release forms, W9 form and travel companion release forms to be completed by the travel companions. These forms must be completed, signed, notarized and returned to RealTime Media within fourteen (14) days. The potential winner then and only then becomes the “winner.” If the potential winning entrant of any prize cannot be contacted; is ineligible; fails to return the completed and executed Affidavit and Release; fails to claim the prize; if the prize notification is returned undeliverable; or if the potential winner otherwise fails to fully comply with these Official Rules, he/she will forfeit that prize and the prize will be awarded to an alternate potential winner as defined above. Any taxes, fees, or incidental costs including but not limited to income taxes which may arise and be due or asserted on account of the prize shall be the sole responsibility of the winner. A 1099 tax form will be the responsibility of the winner. Winners agree that receiving a prize grants Sponsor the right to print, publish, broadcast, and use universe-wide in any media now known or later developed at any time or times, the winner's name, portrait, picture, voice, likeness, and biographical information for any purpose, including but not limited to, in advertisements, publicity, and other communications without additional compensation, except where prohibited by law. All decisions of the judges shall be binding and final.
6. RELEASE: As a condition of entering the Contest, entrant (and parent/legal guardian if entrant is a minor, in any state where the age of majority is not 18) agree that (1) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses; (2) all causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form class action; and (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorney’s fees. BY ENTERING THE CONTEST, ENTRANTS AGREE TO RELEASE, DISCHARGE AND HOLD HARMLESS Sponsor parties AND THE RESPECTIVE OFFICERS, DIRECTORS, AND AGENTS OF EACH, FROM ANY AND ALL LIABILITY FOR ANY INJURY, LOSS, OR DAMAGE OF ANY KIND TO PERSONS, INCLUDING DEATH, AND PROPERTY, WHETHER DIRECT OR INDIRECT, WHICH MAY BE DUE TO OR ARISE OUT OF PARTICIPATION IN THE CONTEST OR ANY PORTION THEREOF, OR THE ACCEPTANCE, USE/MISUSE OR POSSESSION OF PRIZES, OR ANY PRIZE RELATED ACTIVITY. ENTRANTS WAIVE ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
7. DISCLAIMER: Sponsor Parties are not responsible for printing or typographical errors in any Contest-related materials. Sponsor reserves the right, in its sole discretion, to disqualify any individual that tampers with the entry process, and terminate, suspend, cancel or modify the Contest and award the prizes from among all eligible entries received as of the date of termination if for any reason this Contest is not capable of running as planned due to infection by computer virus, bugs, tampering, fraud, unauthorized intervention, technical failures or other causes beyond the control of Sponsor Parties. Sponsor Parties and the respective officers, directors, agents and employees of each are not responsible or liable for any events beyond the control of the Sponsor, which may cause the Contest to be stopped, including but not limited to any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries, nor are they responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Web site, or any combination thereof, including any injury or damage to entrant's or any other person's computer relating to or resulting from participation in this Contest or downloading any materials in this Contest. The Sponsor and its independent judging organization may stop you from participating in this Contest if you ignore the Contest Official Rules or act, in Sponsor’s sole discretion: (a) in a manner Sponsor determines to be not fair; (b) with an intent to annoy, threaten or harass any other entrant or the Sponsor; or (c) in any other disruptive manner. Sponsor’s sole responsibility for any irregular Game Piece is to provide another Game Piece. Should more prizes be awarded through a computer hardware or software malfunction, error or failure, or for any other reason, in any prize category, than are stated for that category in the Official Rules, Sponsor reserves the right to award only the number of prizes stated in the Official Rules for that category. In no event will more prizes be awarded than those listed in Rule #4 and Rule #5.
CAUTION: ANY ACT OR ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL(S) TO THE FULLEST EXTENT PERMITTED BY LAW.
8. CHOICE OF LAW AND JURISDICTION: Except where prohibited, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrants or winners, Sponsor, and administrator in connection with this Contest, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California or any other jurisdiction), which might otherwise cause the application of the laws of any jurisdiction other than the State of California. Any action seeking legal or equitable relief arising out of or relating to the Contest or these Official Rules shall be brought only in the courts of the State of California.
9. TAX INFORMATION: All federal, state, local, and other taxes on prizes are the sole responsibility of the applicable winner.
10. WINNERS LIST: To receive a list of winners, send a self-addressed stamped envelope for receipt by March 31, 2009 to: Diamond Nuts Holiday Contest Winners List Request, 1060 First Ave, Ste 201, King of Prussia, PA 19406.
SPONSOR:
Diamond Foods, Inc.
1050 South Diamond Street
Stockton, CA 95205
ADMINISTRATOR:
RealTime Media, Inc.,
1060 First Ave., Suite 201
King of Prussia, PA 19406
