OFFICIAL RULES FOR THE PERDUE® AMERICA’S PICKIEST EATER CONTEST
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID OUTSIDE THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA, AND WHERE PROHIBITED. SUBJECT TO ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS. BY SUBMITTING AN ENTRY, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES. THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, INSTAGRAM OR TWITTER.
1. Entry Period: The PERDUE® America’s Pickiest Eater (“CONTEST”) begins at 12:00 AM Eastern Time (“ET”) on January 6, 2020, and ends at 11:59 PM ET on March 1, 2020 ("Contest Period"). Administrator’s computer is the official time keeping device for this Contest.
Entry Period: 01/06/2020 at 12:00 am ET to 03/01/2020 at 11:59 pm ET
Winner Notification Dates: (On or About) 03/06/2020
2. Eligibility: The Contest is open only to legal residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older and who have reached the age of majority in their jurisdiction of residence at the time of entry, and who are the parent or legal guardian of the minor child aged 4 to 13 they are nominating for the Contest. Officers, directors, and employees of Perdue Foods, LLC (“Sponsor”), Donovan Advertising (“Administrator”), and their respective parents, subsidiaries, representatives, contractors, consultants, mandatories, affiliated companies, franchisees, advertising and promotional agencies, legal counsel, website providers, webmasters, persons engaged in the development, production or distribution of materials for this Contest, and their immediate family members (parent, child, sibling, and spouse of each) and/or persons living in the same household as such officers, directors, and employees (whether related or not) are not eligible to enter or win a prize in this Contest. Entry into this Contest constitutes entrant's full and unconditional agreement to these Official Rules and to Sponsor’s and/or Administrator’s 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.
3. How to Enter: You may enter the Contest in one of three (3) ways during the Contest Period:
(i) go to www.americaspickiesteater.com and follow the instructions to upload your nomination with a brief description of why your child is the pickiest eater in America, and submit with your entry form. The photo or video that you submit must meet the requirements set forth below and must otherwise be compliant with all of the provisions of these Official Rules. You must provide all required information on the entry form to be eligible to enter, including without limitation first and last name, email address, and your agreement to provide a license and publicity release to Sponsor to use your entry (as further described below). Once you have completed these steps, you will automatically be entered with one (1) entry into the Contest.
(ii) go to the PERDUE® Instagram page at http://instagram.com/perduechicken and become a follower. Then post an original photograph or video on your Instagram account of your child and a brief description of why you’re nominating him or her as the pickiest eater in America, including the hashtags #AmericasPickiestEater and #Contest in the caption field. The photo or video that you post must meet the requirements set forth below and must otherwise be compliant with all of the provisions of these Official Rules. Once you have completed these steps, you will automatically be entered with one (1) entry into the Contest. You must be a follower of PERDUE® on Instagram and include both the #AmericasPickiestEater and #Contest hashtags in your post in order for your entry to be eligible. By entering, you agree to provide a license and publicity release to Sponsor to use your entry (as further described below). You must have an Instagram account and your account must be set to the “public” setting to enter via this method. If you do not have an Instagram account, you may sign up for a free account at www.instagram.com. Text and data charges may apply if you are accessing Instagram from
your mobile device to enter this Contest. Check your wireless carrier for mobile phone capabilities and pricing plan details. Note: If you stop following the PERDUE® Instagram account or deactivate your Instagram account at any time prior to the selection of winners, as described below, your entry will be void. Multiple entrants are not permitted to share the same Instagram account.
(iii) go to the PERDUE® Twitter page at http://twitter.com/perduechicken and become a follower. Then post an original photograph or video on your Twitter account of your child and a brief description of why you’re nominating him or her as the pickiest eater in America, including the hashtags #AmericasPickiestEater and #Contest in the caption field. The photo or video that you post must meet the requirements set forth below and must otherwise be compliant with all of the provisions of these Official Rules. Once you have completed these steps, you will automatically be entered with one (1) entry into the Contest. You must be a follower of PERDUE® on Twitter and include both the #AmericasPickiestEater and #Contest hashtags in your post in order for your entry to be eligible. By entering, you agree to provide a license and publicity release to Sponsor to use your entry (as further described below). You must have a Twitter account and your account must be set to the “public” setting to enter via this method. If you do not have a Twitter account, you may sign up for a free account at www.twitter.com. Text and data charges may apply if you are accessing Twitter from your mobile device to enter this Contest. Check your wireless carrier for mobile phone capabilities and pricing plan details. Note: If you stop following the PERDUE® Twitter account or deactivate your Twitter account at any time prior to the selection of winners, as described below, your entry will be void. Multiple entrants are not permitted to share the same Twitter account.
Entries received via any of the methods described above will be referenced herein as each an “Entry”. The person who submits the Entry will be considered the entrant (“Entrant”). For avoidance of doubt, the Entrant is the parent or legal guardian who submits the Entry, not the child who is nominated within the Entry as America’s pickiest eater; the prize will be awarded in the name of the parent or legal guardian. Submission of erroneous or incomplete information will void the submitted Entry. Limit one (1) Entry per person and per household, regardless of method of entry. If multiple Entries are received in excess of the stated limitation from any person, household, Instagram or Twitter account on any day during the Contest Period, only the first such Entry received from such person, household, Instagram or Twitter account that day will be eligible for entry. By submitting an Entry via Instagram or Twitter, the Entrant consents to being contacted by direct message (“DM”) on Instagram or Twitter if selected as a potential winner. Entries will not be acknowledged or returned. Should multiple users of the same Instagram or Twitter account enter the Contest and a dispute thereafter arises regarding the identity of the Entrant, the authorized account holder of said Instagram or Twitter account at the time of entry will be considered the Entrant and required to comply with these Official Rules. In the event of a dispute as to any Entry, the authorized account holder of the Instagram or Twitter account will be deemed to be the Entrant and he/she must comply with these Official Rules. The "authorized account holder" is the natural person assigned the Instagram or Twitter account. The potential winner may be required to show proof of being the authorized account holder or forfeit the prize. Each online Entry submission must be manually key stroked and manually entered by the individual Entrant; automated and/or repetitive electronic submission of Entries (including but not limited to Entries made using any script, macro, bot or Contest service) will be disqualified. No mechanical reproductions or facsimiles of mail-in entries will be accepted and all such entries will be void. All Entries must be in English. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply.
Your Entry may not contain any content that the Sponsor, in its sole discretion, determines to:
(a) be vulgar, offensive, sexually explicit, profane or pornographic; (b) be derogatory of any race, ancestry, place of origin, color, ethnic origin, citizenship, religion, sex, sexual orientation, age, marital status, family status or disability; endorses any form of hate or hate group; defames, misrepresents or contains disparaging remarks about other people, products or companies; (c) be violent or promotes the use of alcohol, illegal drugs, tobacco, or weapons; promotes unsafe activities; (d) be the previous recipient of any award; (e) be previously published; (f) promote any political agenda or message;
(g) appear to duplicate any other submitted Entry; (h) contain copyrighted materials owned by others; (i) contain third-party trademarks, logos, trade dress or insignia, except The PERDUE© materials (as defined below), including brand names of products; (j) contain any personal identification, such as persons’ names, e-mail addresses, street addresses or license plate numbers; (k) communicate messages inconsistent with the positive image of the Sponsor’s name and/or any of its brands; (l) contain any material that violates or infringes another's rights, including but not limited to material that violates privacy, publicity, or intellectual property rights, or that constitutes copyright infringement; (m) violate any federal, state or local laws or ordinances; or (n) include or refer to any third parties, including but not limited to minors, celebrities and friends, who have not expressly authorized such inclusion or reference. Entrant must be prepared to provide signed third party authorizations upon request.
The Sponsor reserves the right to reject any Entry which Sponsor determines, in its sole and absolute discretion, does not meet the above criteria or is otherwise offensive or is not in keeping with the Sponsor’s image and reputation. Sponsor reserves the right to remove any Entry without prior notice.
Sponsor grants you a limited revocable, non-sub-licensable, license to use PERDUE© trademarks, logos, and trade dress (collectively, “The PERDUE© materials”) for the sole purpose of creating an Entry and you may make no further use whatsoever of the Entry for any other purpose. In addition, you agree that all of the right, title, and interest in The PERDUE© materials shall vest exclusively in Sponsor, and you will not have or take any action that might harm or adversely affect such rights. No right, title, or interest in and to The PERDUE© materials except for the limited license granted to you in these Official Rules is being transferred or created.
By entering, you represent and warrant that (a) you are the sole owner of your Entry and all rights in your Entry; (b) you have the right to submit the Entry and to transfer and assign to the Sponsor rights in the Entry, as described below; (c) your Entry consists of only your original work and no part of your Entry has previously been published anywhere else; (d) you have not granted any person, corporation or other entity any rights to use your Entry; (e) your Entry complies with these Official Rules and the requirements above, and any applicable community guidelines, terms of use, and any other binding terms on Instagram or Twitter (as appropriate); (f) your Entry does not defame or violate the rights of publicity or privacy of any person, living or deceased, or otherwise infringe upon the publicity rights or privacy of any third person, living or deceased, or otherwise infringe upon any person’s personal or property rights or other third party rights; (g) your Entry is not offensive or inappropriate, as determined by Sponsor in its sole discretion, nor does it violate any law; and (h) if your Entry contains third party elements not owned by you, you have obtained written consent from those owners to submit your Entry and, if requested to do so, you can and will produce such written consent in a form and manner acceptable to the Sponsor. Failure to provide such proof on request may render your Entry null and void. By submitting an Entry, you warrant and represent that you consent to the submission and use of the Entry in the Contest and to its use as otherwise set forth herein.
Entrants understand and agree that they shall retain all ownership rights in Entry; however, by submitting an Entry, Entrant hereby grants Sponsor a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, sub-licensable and transferable license to edit, publish, use, adapt, exploit, modify or dispose of any Entry, in whole or in part, online, in print, film, television, or in any other media now or hereafter known throughout the world in perpetuity without compensation, permission or notification to Entrant or any third party, for any purpose whatsoever.
By submitting an Entry, you acknowledge and agree that Sponsor may obtain many submissions in this Contest and that your Entry may be similar or identical in theme, idea, format or other respects to others submitted in this Contest or other promotions sponsored by the Sponsor, or to other ideas conceived by or provided to Sponsor, and you waive any and all claims you have or may have, now or in the future, that any Entry and/or other works accepted, reviewed and/or used by the Sponsor (or its designees) are similar or identical to your Entry. Except
where prohibited by law, you acknowledge and agree that the Sponsor does not have now, nor shall it have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to your Entry.
By entering this Contest, you signify and agree that your Entry and any other materials submitted in connection with this Contest may be posted or otherwise appear on Sponsor’s website and/or other social media sites or applications for public viewing during or after the conclusion of the Contest Period. Released Parties (as defined below) are not liable for the use of any Entry by any third party. Entrant acknowledges and agrees that Released Parties have no, nor shall have in the future, any duty or liability, direct or indirect, vicarious, contributory or otherwise, with respect to the infringement or protection of any copyright in and to any Entry.
4. Determination of Winners/Judging: On or about March 6, 2020, all eligible Entries received during the Entry Period (as set forth in Table 1) will be judged based on the following criteria ("Judging Criteria") by a panel of judges selected by Sponsor:
1. Quality of the entry (50%) 2. Creativity and Originality of the entry (50%)
The Entry with the highest score among all eligible Entries received during the Entry Period based on the Judging Criteria set forth above will be deemed the potential prize winner, subject to verification of eligibility and compliance with these Official Rules. In the event of a tie, an additional, "tie-breaking" judge will determine the winning Entry based on the Judging Criteria. Decisions of judges are final and binding. One (1) GRAND PRIZE winner will be selected.
Verification of Potential Winners: ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR AND/OR ADMINISTRATOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
5. Prizes: There is a total of one (1) Grand Prize package to be won. The Total Estimated Retail Value (“ERV”) of the Grand Prize package is $15,000.
Table 2
Grand Prize Descriptions ERV
1 Year of free PERDUE® CHICKEN PLUS™ products, consisting of four 22 oz. bags (selected at Sponsor’s discretion) shipped out from Administrator once a month for 1 year.
$1500
The Winner’s entry to be featured in PERDUE® CHICKEN PLUS™ digital and print advertising for a limited time
N/A
1 Ton (2,000 lbs.) of PERDUE® CHICKEN PLUS™ products to the school of winner’s choice
$8,500
Perdue will host an hour-long event at the school of winner’s choice (with the permission of school administration). PERDUE® CHICKEN PLUS™ products, drinks and dessert will be provided at event.
$5,000
Winners will be responsible for all taxes (including federal, state and local taxes) and any other costs and expenses associated with acceptance and use of the prize not described herein as being awarded. Prizes are not
transferable, redeemable for cash, or substitutable except by Sponsor, which reserves the right, at its discretion, to substitute the prize or a portion of the prize with one of comparable or greater value. Sponsor will not replace lost or stolen prizes. Limit one (1) prize per person and per household for the duration of the Contest Period. Only the number of prizes stated in these Official Rules is available to be won in the Contest. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, an alternate winner will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of prizes available.
Potential winner will be notified on or about March 6, 2020 by email or DM to his or her Instagram account or Twitter account (as applicable) and will be required to respond within three (3) business days of such notification. Except where legally prohibited, the potential winner may be required to sign and return an Affidavit of Eligibility and Publicity/Liability Release within five (5) days of the issuance of such document in order to claim his/her prize. If any prize or winner notification sent to a potential winner is undeliverable, or any phone number provided by a potential winner is incorrect or no longer in service, or a response to any given e-mail, phone call or DM is not received within three (3) business days of the date of its issuance, or if he/she fails to sign and return the Affidavit of Eligibility and Publicity/Liability Release within the required time period (if applicable), or a potential winner does not comply with these Official Rules (in Sponsor’s sole discretion) or is disqualified for any reason, the prize may be forfeited and, at Sponsor’s discretion, Sponsor will award the applicable prize to an alternate winner selected in accordance with the selection criteria described above. Alternate winners will be selected until an Affidavit is received by the Sponsor within the required time period and an official winner is confirmed.
6. Release/Limitations of Liability and General Conditions: By participating, Entrants agree, on behalf of themselves and their children featured in Entries, as follows: a) to abide by these Official Rules, and to the decisions of Sponsor and the Administrator, which shall be final and binding in all respects; and b) THAT SPONSOR, ADMINISTRATOR, INSTAGRAM, TWITTER AND ANY OF THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, WEBSITE PROVIDERS, WEB MASTERS, ADVERTISING AND PROMOTION AGENCIES, RETAILERS, DISTRIBUTORS AND SUPPLIERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL HAVE NO LIABILITY AND SHALL BE HELD HARMLESS FOR ANY DAMAGE, LOSS OR INJURY TO ANY PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE CONTEST PRIZE, ENTRY OR PARTICIPATION IN THIS CONTEST OR IN ANY CONTEST-RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM. EVERYTHING RELATING TO THIS CONTEST, INCLUDING ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. Released Parties are not responsible for lost, delayed, interrupted or unavailable network, cable, satellite, Internet Service Provider (ISP), server, or other connections, miscommunications, failed phone, computer or telephone transmissions or technical failure, jumbled, scrambled or misdirected transmissions, or other errors or malfunctions, problems or difficulties of any kind whether computer, network, human, mechanical, electronic, printing, typographical or otherwise relating to or in connection with this Contest, including, without limitation, errors, problems or difficulties which may occur in connection with the administration of the Contest, the processing of Entries, the announcement of the prizes or in any Contest-related materials or for any damage to Entrant’s or other person’s hardware or software as a result of participation. Released Parties are also not responsible for Entries or mail that are illegible, lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered or postage due, garbled or delayed by computer transmissions, and all such Entries are void. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. Persons found tampering with or abusing any aspect of this Contest or who are in violation of these Official Rules as solely determined by Sponsor will be disqualified and their Entry/ies will be void. Every Entry must be manually keystroked and manually entered by Entrant and repetitive automated electronic submission of Entries is specifically disallowed. Use of script, macro or automated entry software or programs or any other means that subvert the entry process is prohibited and all such Entries will be void. In the event the Contest is compromised by virus, bugs, worms, non-authorized human intervention, or other causes which corrupt or impair the administration, security, fairness or proper play of the Contest, or if the Contest is unable to run as planned for any other reason, Sponsor reserves the right in its sole discretion to modify, suspend or terminate the Contest or any portion thereof and/or terminate the participation of any Entrant (and void his/her Entry/ies) whose conduct potentially compromises the Contest and, if terminated, at
its sole discretion award the prizes in a random drawing from among all eligible non-suspect Entries received prior to the act requiring such termination. The invalidity or unenforceability of any provision of these Official 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 Official 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. CAUTION: Any attempt by an Entrant or any other individual to damage any website associated with this Contest or undermine the legitimate operation of the Contest may be a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law.
AS A CONDITION OF PARTICIPATING, ENTRANT AGREES ON BEHALF OF ENTRANT AND ENTRANT’S CHILD FEATURED IN HIS/HER ENTRY THAT A) UNDER NO CIRCUMSTANCES WILL ENTRANT OR ENTRANT’S CHILD 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, IF ANY, AND B) ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS CONTEST, OR ANY COMPENSATION OR CREDIT TO BE PROVIDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND C) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARD SHALL BE LIMITED TO ACTUAL OUT OF POCKET COSTS INCURRED, IF ANY, AND IN NO EVENT SHALL ENTRANT BE ENTITLED TO RECEIVE ATTORNEYS’ FEES OR OTHER LEGAL COSTS OR EXPENSES.
SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
7. License and Publicity Release: EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE CONTEST CONSTITUTES EACH ENTRANT’S GRANT TO SPONSOR (WHICH GRANT SHALL BE CONFIRMED IN WRITING AS CONDITION OF WINNING THIS CONTEST), ITS PARENT, SUBSIDIARIES, AFFILIATES, RETAILERS, DISTRIBUTORS, ADVERTISING AND PROMOTION AGENCIES, SUPPLIERS, AND THOSE ACTING PURSUANT TO ITS AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, ENTRANT’S AND ENTRANT’S CHILD’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING BUT NOT LIMITED TO HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING WITHOUT LIMITATION THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION. ENTRANTS AGREE THAT THE ENTRIES WILL NOT BE ACKNOWLEDGED OR RETURNED, AND THAT SPONSOR AND ITS DESIGNEES SHALL HAVE THE PERPETUAL, WORLDWIDE RIGHT TO EDIT, PUBLISH, AND USE THE ENTRIES IN ANY WAY AND IN ANY MEDIA FOR TRADE, ADVERTISING, PROMOTIONAL, AND/OR OTHER PURPOSES AS SPONSOR AND/OR ITS DESIGNEES MAY DETERMINE WITHOUT FURTHER CONSIDERATION TO ENTRANTS OR ANY THIRD PARTY.
BY SUBMITTING AN ENTRY, EACH ENTRANT AGREES THAT SUCH ENTRY, COMMUNICATIONS OR SUBMISSIONS, CREATIVE SUGGESTIONS, IDEAS, NOTES, CONCEPTS OR OTHER MATERIALS (COLLECTIVELY, THE "SUBMISSION") THAT ENTRANT MAY SUBMIT TO SPONSOR IN CONNECTION WITH THIS CONTEST, INCLUDING ALL RIGHTS EMBODIED THEREIN, WHETHER SENT VIA A WEBSITE, BY ELECTRONIC MAIL OR BY SOME OTHER MEANS, WITH THE EXCEPTION OF PERSONALLY IDENTIFIABLE INFORMATION AS DEFINED IN SPONSOR’S PRIVACY POLICY, AVAILABLE AT HTTP://PERDUE.COM/PRIVACY.ASP, SHALL BE DEEMED TO BE NON-CONFIDENTIAL, NONPROPRIETARY AND SPONSOR SHALL HAVE NO OBLIGATION OF ANY KIND WITH RESPECT TO SUCH SUBMISSION AND SHALL BE FREE TO EDIT, EXPLOIT, MODIFY, PUBLISH, REPRODUCE, USE, DISCLOSE, DISSEMINATE AND DISTRIBUTE THE SUBMISSION TO OTHERS WITHOUT LIMITATION IN ANY AND ALL MEDIA NOW KNOWN OR NOT CURRENTLY KNOWN, THROUGHOUT THE WORLD IN PERPETUITY FOR ANY PURPOSE WITHOUT COMPENSATION, PERMISSION OR NOTIFICATION TO ENTRANT OR ANY THIRD PARTY. BY SUBMITTING AN ENTRY, ENTRANT HEREBY GRANTS SPONSOR A ROYALTY FREE, IRREVOCABLE, AND WORLDWIDE, IN PERPETUITY LICENSE TO USE THE SUBMISSION IN ANY FORM OR
FORMAT AND TO MODIFY THE SAME FOR USE FOR ANY PURPOSE, AND ACKNOWLEDGES AND AGREES THAT IF SPONSOR DOES USE THE SUBMISSION ENTRANT SHALL NOT BE ENTITLED TO ANY CREDIT, CONSIDERATION, NOTICE OR PAYMENTS OF ANY KIND. ENTRANT WAIVES ANY MORAL RIGHTS HE OR SHE MAY HAVE TO THE SUBMISSION, AND AGREES THAT IF SPONSOR ELECTS TO USE SUBMISSION FOR ANY PURPOSE, ALL RIGHTS UNDER COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS WHICH MAY RESULT FROM SPONSOR’S ELECTED USE OF THE ENTRANT'S SUBMISSION BY SPONSOR SHALL BE THE SOLE PROPERTY OF SPONSOR. ENTRANT FURTHER AGREES THAT IF SPONSOR ELECTS TO USE THE ENTRANT'S SUBMISSION, ENTRANT WILL EXECUTE ANY DOCUMENTS REQUESTED BY SPONSOR REGARDING THIS LICENSE OR ASSIGNMENT. IF ANY USE BY SPONSOR OF THE SUBMISSION CAUSES IT TO BE LIABLE TO ANY THIRD PARTY, ENTRANT AGREES TO INDEMNIFY SPONSOR AND ITS AGENTS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES AND ALL RELATED PARTIES FROM AND AGAINST ANY AND ALL DAMAGES, COSTS, JUDGMENTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) WHICH IT INCURS AS A RESULT OF ITS USE OF THE SUBMISSION.
8. Nature of Relationship/Waiver of Equitable Relief: Each Entrant understands and acknowledges that Sponsor has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each Entrant also acknowledges that many ideas may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of Sponsor's use of any such similar or identical material. Each Entrant acknowledges and agrees that the Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of Sponsor actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Submission or any material based on or allegedly based on the Submission, and the Entrant's rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
9. Disputes/Choice of Law: You and the Sponsor waive all rights to trial in any action or proceeding instituted in connection with these Official Rules or the Contest. Any controversy or claim arising out of or relating to these Official Rules or the Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. 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 Maryland in the United States, without giving effect to any choice of law or conflict of laws rules (whether of the State of Maryland or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Maryland.
10. Privacy/Use of Entrant’s Information: Information submitted in connection with the Contest will be treated in accordance with these Official Rules and Sponsor's Privacy Policy (as may be amended from time to time), currently located at http://perdue.com/privacy.asp; provided that in the event of any conflict between these Official Rules and such Privacy Policy, the terms and conditions of these Official Rules shall prevail.
11. Winners List/Official Rules: The names of the winners (available after 4/6/2020) and/or a copy of these Official Rules may be obtained by mailing a self-addressed, stamped #10 envelope to: PERDUE® America’s Pickiest Eater Contest - Winners/Rules (please specify which), 180 West Airport Rd, Lititz PA 17543.
12. Sponsor/Administrator: The Sponsor of this Contest is: Perdue Foods, LLC, P.O. Box 1537, Salisbury, MD 21802. The Administrator of this Contest is: Donovan Advertising, 180 West Airport Rd, Lititz, PA 17543
Perdue Foods, LLC shall not be liable for technical, pictorial, typographical or editorial errors or omissions contained herein. Copyright © 2019 Perdue Foods, LLC. All trademarks and logos used herein are trademarks of Perdue Foods, LLC or other owners in the United States and/or other countries. All rights reserved.
Instagram and Twitter are not sponsors or promoters of this Contest.