“Slice of Joy” Instagram Contest Official Rules
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
1. Eligibility. Participation in the Slice of Joy Instagram Challenge (“Contest”) is open only to legal residents of the fifty United States, and the District of Columbia who are 18 years of age or older as of date of entry. Employees, officers, and directors of National Watermelon Promotion Board (NWPB) (“Sponsor”), its members, affiliates, advertising and promotional agencies, and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter. All federal, state and local laws and regulations apply.
2. Agreement to Comply with Official Rules. Participation in this Contest constitutes entrant’s full and unconditional agreement to these Official Rules and the Sponsor’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 and winners are subject to the Official Rules of this Contest. In the event that any winner is found to be in violation of these Official Rules or is otherwise determined by Sponsor or its agents in their sole discretion to be ineligible, he/she may be required to forfeit the prize or to reimburse the Sponsor for the stated value of a prize if such a violation is found after costs have been incurred on behalf of a winner.
3. Timing. The Contest begins on May 27, 2019 at 12:01am Eastern Time (ET) and ends on September 2, 2019 at 11:59pm ET (the “Contest Period”).
4. How to Enter. To enter the Contest entrants must upload an original photo to Instagram® (the image must comply with all rules and technical requirements of Instagram) sharing a moment of joy with watermelon (“slice of joy”), share in the comments why it brings them joy and tag it with the hashtag #SliceOfJoyContest. All entry information and photo(s) are collectively referred to herein as the “Submission.” Submissions must comply with the Guidelines and Restrictions defined below. Sponsor reserves the right to cancel or modify this Contest in the event an insufficient number of entries are received that meet the minimum judging criteria.
By entering, each entrant warrants and represents the following with respect to entrant’s Submission: (a) entrant is the sole and exclusive owner of the Submission; (b) the Submission is entrant’s own creation; (c) the Submission will not infringe on any rights of any third parties; and (d) any third parties appearing in the Submission have given entrant appropriate consent to be depicted and used as permitted herein. Sponsor reserves the right to request third party releases from any third party included in any Submission at any time. Failure to produce fully executed third party releases (if applicable) may result in disqualification of the Submission, in Sponsor’s sole and absolute discretion.
To the extent permitted by applicable law, providing a Submission 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 Submissions 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.
All entrants must have a valid public Instagram account. No automated entry devices and/or programs permitted. All entries, including Submissions, 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.
5. Submission Guidelines and Content Restrictions. By entering, each entrant agrees that his or her Submission conforms to the Submission Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove any Submission and disqualify an entrant from the Contest if it believes, in its sole discretion, that the entrant’s Submission fails to conform to the Guidelines and Restrictions.
• The Submission must meet the technical and other requirements of Instagram.
• The Submission must share the entrant’s “Slice of Joy”: a photo sharing something that brings them joy (watermelon must be featured) along with a description of why it brings them joy.
• The Submission must use the hashtag #SliceOfJoyContest.
• The Submission must be consistent with the image and values of Sponsor and be consistent with and satisfy the purpose of the Contest.
• The entrant must have obtained any and all consents, approvals or licenses required for the Submission.
• The Submission may not contain any images of children, unless the entrant has obtained an appropriate release from the parent(s) or guardian(s) of any child in the image.
Content Restrictions- Entries may NOT contain, as determined by Sponsor in it sole discretion, content that:
• violates or infringes any rights of any other party, including but not limited to copyright, trademark, privacy, publicity or any other intellectual property rights;
• disparages any person or entity, including without limitation Sponsor or any other person or party affiliated with the promotion and administration of this Contest;
• is inappropriate, sexually explicit, indecent, obscene, offensive, pornographic, profane, hateful, tortious, defamatory, slanderous or libelous;
• 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;
• promotes illegal drugs, tobacco, gratuitous use of firearms/weapons (or the use of any of the foregoing) or a particular political agenda;
• is unlawful, in violation of or contrary to the laws or regulations of the United States or of any jurisdiction where Submission is created;
• communicates messages or images inconsistent with the positive images and/or good will to which Sponsor wishes to associate; and/or violates any law.
Sponsor reserves the right to reject or remove any Submission, in its sole and absolute discretion, that it determines does not meet the above criteria.
6. Judging/Judging Criteria. Fourteen (14) times during the Entry Period, a panel of judges will ensure entry criteria are met, including but not limited to the Guidelines and Restrictions, and select a total of 14 prize winners based on the following criteria: • Use of watermelon (40%) • Creativity/originality (20%) • Photo quality (20%) • Story caption (20%)
One (1) Grand Prize winner will be chosen, based on the criteria above, from among the fourteen (14) winners selected.
The judging panel will be comprised of individuals from National Watermelon Promotion Board and its affiliate agency. Judges will be selected by Sponsor and may be employees or agents of Sponsor or its affiliates. In the event of a tie, the tied participants will be judged against each other by the judging panel using the Judging Criteria until the tie is broken.
7. Prizes. Fourteen (14) Prize Winners will receive a TBD watermelon-related prize, with an estimated retail value of $25.00 USD. One (1) Grand Prize Winner will receive a Watermelon Prize Pack, with an estimated retail value of $100.00 USD. Prize(s) is/are non-transferable. No substitutions or cash redemptions. In the case of unavailability of any prize, Sponsor reserves the right to substitute a prize of equal or greater value. Prizes will be shipped to the entrant’s provided residence address. No more than the stated number of prizes will be awarded. Prizes will be shipped no later than three (3) weeks from winner confirmation date.
8. Notification. One weekly winner will be selected from among the entries received to date, and notified on or about: June 3, June 10, June 17, June 24, July 1, July 8, July 15, July 22, July 29, August 5, August 12, August 19, August 26 and September 2.If an entrant’s photo is selected to win a weekly prize, such photo is not eligible to win in subsequent weeks. The Grand Prize winner will be selected from winning weekly submissions and be notified on or about September 6, 2019.
Potential winner(s) will be notified via Instagram comment on his/her submission and/or Instagram Direct Message. All potential winners may be required to sign and return, where legal, an Affidavit of Eligibility, Liability/Publicity Release and/or rights transfer document within two (2) days of prize notification. Additionally, potential winners may be required to submit releases from any and all third parties appearing in their respective Submissions. If any potential winner is considered a minor in his/her jurisdiction of residence, Liability/Publicity Release must be signed by his/her parent or legal guardian and such prize will be delivered to minor’s parent/legal guardian and awarded in the name of parent/legal guardian. If potential winner cannot be reached within two (2) calendar days of first notification attempt, if any prize or prize notification is returned as undeliverable, if potential winner rejects his/her prize or in the event of noncompliance with these Contest rules and requirements, such prize will be forfeited and Sponsor will attempt to award the prize to the next potential winner.
9. Conditions. Submissions may be cropped, edited, reformatted, rearranged, combined with other materials and/or otherwise modified by Sponsor, in Sponsor’s sole and absolute discretion. Participation in the Contest and/or acceptance of a prize constitutes entrant’s permission for Sponsor to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information, Submission and/or any statements made by entrant regarding the Contest or Sponsor for advertising and promotional purposes, without notice or additional compensation, except where prohibited by law. By participating, entrants and winners agree to release and hold harmless Sponsor and its advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors, (collectively, “Released Entities”) from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever, including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for or participation in Contest, or possession, acceptance and/or use or misuse of prize, or participation in any Contest-related activity and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action. Entrants who do not comply with these Official Rules or who attempt to interfere with this Contest in any way shall be disqualified. Sponsor is not responsible if Contest cannot take place or if prize cannot be awarded due to acts of God, acts of war, natural disasters, weather or acts of terrorism or any other cause beyond Sponsor’s reasonable control.
10. Disputes; Governing Law. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Contest. Any controversy or claim arising out of or relating to these Official Rules and/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. Additionally, entrants agree that this is the sole method for dispute resolution and agree not to resort to any form of class action. The arbitration shall be conducted in Seminole County, Florida before a single arbitrator.
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF SEMINOLE COUNTY, FLORIDA WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Contest, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in Seminole County, Florida. The parties agree not to raise the defense of forum non conveniens.
11. List of Winners. To obtain a list of winners, send a self-addressed, stamped envelope by September 30, 2019 to: Watermelon Board, Attn: Slice of Joy Contest, 1321 Sundial Point, Winter Springs, FL 32708.
12. Sponsor. Watermelon Board, 1321 Sundial Point Winter Springs, FL 32708.
By entering this Contest, you acknowledge that THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, INSTAGRAM, ANY OTHER SOCIAL MEDIA ENTITY OR ANY ENTITY OTHER THAN NWPB. YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND YOU AGREE TO COMPLETELY RELEASE INSTAGRAM FROM ANY AND ALL LIABILITY RELATED TO THE CONTEST.