NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
Fruitsnackia is an animated world of characters that can be found at www.fruitsnackia.com (the "Contest Website"). Everything in Fruitsnackia is made out of fruit flavored snacks! You can visit www.fruitsnackia.com and create your own version of a Fruitsnackian. After creating a Character you can register and enter your Character for a chance to win some prizes! Make sure you and your guardian or parent read the full CONTEST RULES, below.
1. ELIGIBILITY. The Fruitsnackia Character Creator Contest (the "Contest") is open only to legal residents of the fifty (50) United States and the District of Columbia who are six (6) years of age or older at the time of entry. Employees of General Mills Sales, Inc., Arrowhead and any of their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.
2. SPONSOR. General Mills Sales, Inc., One General Mills Boulevard, Minneapolis, MN 55440.
ADMINISTRATOR. Arrowhead Promotion & Fulfillment Co., 1105 SE 8th Street, Grand Rapids, MN 55745.
3. AGREEMENT TO OFFICIAL RULES. Participation in this Contest constitutes your (and that of your parent or guardian ("Parent") if you are a minor) full and unconditional agreement to these Official Rules and Sponsor's and Administrator's decisions, which are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. TIMING. The Contest submission period begins on January 17, 2013 at 12:00 a.m. Central Time ("CT"), and ends on February 24, 2013 at 11:59 p.m. CT (the "Submission Period") and consists of three (3) separate entry phases as set forth in the chart below (the "Entry Phase(s)" or "Phase").
|Entry Phase||Submission Category ("Category")||Start Date (at 12:00 a.m. CT)||End Date (at 11:59 p.m. CT)||Judging Dates||Public Vote Dates||Nominee and Adult Sponsor Notification|
|Gushers Entry Phase||Gushers||01/17/13||01/27/13||01/29/13||02/01/13 – 02/07/13||02/08/13|
|Fruit Roll-Ups Entry Phase||Fruit Roll-Ups||01/28/13||02/10/13||02/11/13||02/15/13 – 02/21/13||02/22/13|
|Fruit By The Foot Entry Phase||Fruit by the Foot||02/11/13||02/24/13||02/25/13||03/01/13 – 03/07/13||03/08/13|
Administrator's computer is the official time-keeping device for the Contest.
5. HOW TO ENTER. During each of the Entry Phases, visit http://www.fruitsnackia.com, the Contest Site, create a character and submit your character online for consideration in the Contest. The Contest Site will allow you to create and customize a character made from Sponsor owned elements provided on the Contest Site. Your character design will be referred to herein as the "Character" and will be what you submit as your "Entry" in the Contest. Your Character must be officially entered into the Contest for judging (and not just saved). To officially enter your Character, you must submit it online. There is no limit on the number of Characters you can submit.
To be eligible to win the Contest, your Entry must conform to the guidelines and content restrictions as defined below (collectively, the "Guidelines and Restrictions"). Sponsor, in its sole discretion, may remove your Entry and disqualify you from the Contest if it believes that your Entry fails to conform to the Guidelines and Restrictions.
By submitting your Entry, you accept all Contest Rules and agree to be bound by the decisions of the Judges (defined below), which will be final. You also agree that your Entry/Entries is/are and shall remain the sole property of Sponsor, and Sponsor reserves the right to edit, adapt, copyright, publish, transfer and use any or all of them, without compensation, notification to you or permission from you or any third party.
All Entries will be prescreened previous to public display on the Contest Site and Sponsor does not guarantee the posting of any Entry.
Limit: You may upload multiple Entries during each Entry Phase but only during the period covered by the Start Date and End Date for that Phase (see Section 4, above). Entries generated by script, macro or other automated means are void. Released Parties (as defined in Section 9, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Entries; all of which will be void.
In the event of a dispute or question as to who submitted an Entry, the authorized account holder of the email address used to register will be deemed to be the entrant and must comply with these Official Rules. 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. If requested by Sponsor you may be required to show proof of being an authorized account holder.
6. GUIDELINES AND RESTRICTIONS.
- The Entry must not contain material that violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
- The Entry must not disparage Sponsor, Administrator or any other person or party affiliated with the Contest;
- The Entry must not contain brand names or trademarks other than those owned by Sponsor, which entrant has a limited license to use to incorporate in his/her Character in this Contest;
- The Entry must not contain images or artwork not created by you;
- The Entry must not contain material that is hurtful, mean, too scary, inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
- The Entry must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
- The Entry must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where the Entry was created.
7. PROCESS TO DETERMINE WINNERS. Nominees, Finalists and the Grand Prize Winner (all defined below) will be determined according to the following process as further detailed below:
- All valid Entries in each Category's Entry Phase will be reviewed by internal Judges to determine the top ten (10) Nominees in each Category's Entry Phase.
- The ten (10) Nominees for each Category's Entry Phase will be placed into a public voting gallery for an online vote.
- The top three (3) Nominees with the highest number of votes in each Category Entry Phase will become the top three (3) finalists (individually a "Finalist", collectively the "Finalists") in each Category.
- The top three (3) Finalists in each Category (nine (9) total) will be reviewed again by the internal Judges who will determine the Grand Prize Winner.
In the event of a tie at any point in judging, the Entry involved in the tie that received the highest score for Creativity of Design, as determined by the Judges, will be deemed the applicable Nominee or Finalist.
8. JUDGING PHASES. Selection of Nominees: During the first Judging Phase, a panel of qualified internal judges ("Judges") determined by Sponsor in its sole discretion will select ten (10) Entries from each Entry Phase with the highest-score from among all eligible Entries in each Phase. The top ten (10) Entries will be called the "Nominees." Sponsor reserves the right to select fewer than ten (10) Nominees in each Entry Phase, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries for that Phase. Eligible Entries shall be judged using the following criteria ("Judging Criteria"):
- Creativity of Design (34%)
- Originality of Character (33%); and
- Visual Appeal (33%)
Public Voting Phase: Following the selection of the Nominees, there will be three (3) opportunities for the public to vote online at www.fruitsnackia.com for their favorite Characters:
- Public Voting will be open for the Gushers Entry Phase from 02/01/2013 to 02/17/2013;
- Public Voting during the Fruit Roll-Ups Entry Phase is from 02/13/2013 to 02/21/2013; and
- Public Voting for the Fruit by the Foot Entry Phase is between 03/01/2013 and 03/07/2013.
Nominees are prohibited at any time from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion. Sponsor reserves the right to stop the Public Voting Phase if fraud is found or suspected. Any Entry that is tied to fraudulent voting activity may be disqualified at Sponsor's sole discretion. Sponsor reserves the right, in its sole discretion, to select alternate Finalists (as defined below) should the Public Voting appear to have been tampered with or manipulated in any way.
Selection of the Finalists: Subject to the Nominees' compliance with these Official Rules, the top three (3) Nominees in each Category with the highest number of votes during the Public Voting Phase will be deemed a finalist (individually a "Finalist", collectively "Finalists"). There may be up to three (3) Finalists in each Category Phase.
Selection of the Grand Prize Winner: The Judges will review each of the Finalist's Entries and judge them using the Judging Criteria. The Entry with the highest score from that judging will be deemed the grand prize winner (the "Grand Prize Winner").
9. PRIZE PACKAGES.
- Nominee Prize: There may be up to Ten (10) Nominees in each Entry Phase. There may be up to Thirty (30) Nominees total. Each Entrant with at least one (1) Nominee in any of the three phases shall receive two (2) cases (i.e., 24 boxes) of Betty Crocker Fruit Flavored Snacks Variety Packs. Approximate retail value ("ARV") $60.00 (the "Nominee Prize Package"). Only one (1) Nominee Prize Package per Entrant
- Finalist Prize: Each Entry Phase will have up to three (3) Finalists. In addition to their Nominee Prize Package, each Finalist (9 total) will receive a professionally drawn illustration of their Character (promotional value) (the "Finalist Prize Package").
- Grand Prize: There is one (1) Grand Prize. The Grand Prize Winner will have his or her Character appear in a future Fruitsnackia advertising campaign (promotional value).
Prize Packages are non-transferable and no substitution will be made except as provided herein at the Sponsor's sole discretion. Sponsor reserves the right to substitute a Prize Package for one of equal or greater value if the designated Prize Package should become unavailable for any reason. You are responsible for all taxes and fees associated with your Prize Package receipt and/or use. Unclaimed Prizes Packages may not be awarded. Odds of winning depend upon number of eligible Entries received.
10. NOMINEE'S REQUIREMENTS. At the end of each Entry Phase, each Nominee will be notified by email on or around the date indicated in the chart in Section 4. If the Nominee is a minor in his or her state of residence, that Nominee will be asked to supply a valid email address for his/her Parent, so the Contest Administrator may contact the Parent. Only one email will be sent to the Nominee requesting the Parent's email contact information. Only one email will then be sent to the Nominees' Parent, informing the Parent that their child (or ward) has entered and won a Prize Package in the Contest. The Parent will be required to sign and return two documents: 1) a release to award a Prize Package to a minor and 2) a Declaration of Compliance, Liability and Publicity Release (the "Release of Rights"); collectively, the "Documents."
To receive the Prize Package and to formalize the publicity arrangements for the Grand Prize Package, documents must be returned to Administrator within seven (7) days of the date the notice is sent. If a potential Nominee cannot be contacted, or that Nominee (or if a minor his/her Parent) fails to execute and return the Documents within the required time period (if applicable), does not comply with these Official Rules, or Documents are returned as undeliverable, that potential Nominee shall forfeit his/her Prize Package. If a potential Grand Prize Winner is disqualified for any reason, the Grand Prize Winner position may be awarded to the Finalist with the next highest score. Sponsor reserves the right to not award any Prize Packages, based on the potential lack of return of "release of prize" documentation from all those that are contacted.
If you are a declared a Winner and are considered a Minor, your prize will be awarded in your Parent's name and all references to "Winner", "you" or "your" herein shall mean the Parent. Acceptance of any Prize Package shall also mean acceptance of the Nominee Prize Package or the Finalist Prize Package. The Grand Prize Package requires that all Documents be returned to Administrator prior to the Grand Prize Package being awarded. Such documentation shall constitute and signify your agreement and consent that Sponsor and its designees may use your (or if a minor your child's) first name and last initial, city and state, in publicity related to the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet without further payment, notification, permission or other consideration, except where prohibited by law.
Each Winner accepts and acknowledges that Sponsor shall not be obligated to use the Entry and that Sponsor in its sole discretion shall have the right to refrain from using the Entry. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Each Winner will indemnify Sponsor, Released Parties (as defined in Section 9, below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms.
11. RELEASE. By receipt of any Prize Package, you agree to release and hold harmless the Sponsor, Administrator and their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company's officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any Prize Package.
12. GENERAL CONDITIONS. Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. If terminated Sponsor may, in its sole discretion, determine the Winners from among all non-suspect, eligible Entries received up to time of such action using the judging procedure outlined above. Sponsor, in its sole discretion, reserves the right 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 the Official Rules of this Contest in an unsportsmanlike or disruptive manner and void all associated Entries. An 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 and other remedies (including attorneys' fees) 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.
13. LIMITATIONS OF LIABILITY. Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by you, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, 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) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Entries or votes or the tabulating of votes, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen Entries; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from your participation in the Contest or receipt or use or misuse of any prize. Released Parties are not responsible for any unauthorized third party use of any Entry.
14. DISPUTES. By participating, you agree that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the appropriate Minnesota State Court located in Minneapolis, Minnesota; (ii) 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 (iii) under no circumstances will you be permitted to obtain awards for and you hereby waive all rights to claim indirect, 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 your rights and obligations and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law rules (whether of the State of Minnesota or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Minnesota.
16. WINNER LIST. For a winner list, visit http://www.fruitsnackia.com. The winner list will be posted after winner confirmation is complete.