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No Purchase Necessary. Void where prohibited by law.
Sponsor: Pacific Northwest Canned Pears Service
Eligibility: Pearcasso Kis' Art Contest (“Contest”) conducted
by the Pacific Northwest Canned Pears Service (“Sponsor”) is open to
legal residents of the 50 states and the District of Columbia. Board
members, officers and employees of Pacific Northwest Canned Pears
Service and SmileMakers®' advertising and promotion agencies and
their immediate family members and/or those living in the same
household are not eligible to enter or win. All federal, state and
local laws and regulations apply. You must be a U.S. resident to enter
and between the ages of 5 and 18 on closing date of the contest.
Parents will be asked to sign an affidavit to verify the entrant's date
of birth. Void where prohibited.
Contest Period: August 30th, 2011 through November 15th, 2011,
Midnight, PST.
Schools and Kids' Organizations:
1) Submit your entries to us by email at
playwithyourpears@gmail.com
with a photo attachment of each entry (or a video of your group's
creation in process) between August 30th, 2011 (12:01 am, PDT) and
Midnight PST, November 15th, 2011, providing the first name of each
child correlated with the title of their artwork and an email address
for their parent or guardian.
2) Only send first names. Do not send any other information about the
children in the email or you will not be allowed to enter the contest.
When we receive your email, each parent or legal guardian will be
contacted to fill out a form that provides consent for the child to
enter this contest. When we receive parental consent we will post your
artwork on our Facebook Page.
http://www.facebook.com/eatcannedpears
For individuals:
1) Submit your entry to us by email at
playwithyourpears@gmail.com
with a photo attachment of your entry (or a video of your creation in
process) between August 30th, 2011 (12:01 am, PDT) and Midnight PST,
November 15th, 2011, providing your first name and an email address for
your parent or guardian. You must give your artwork a title - make it
fitting or fun. If you like, tell us what materials you used to make
your design.
2) Only send your first name. Do not send any other information about
yourself in the email, or you will not be allowed to enter the contest.
When we receive your email, your parent or legal guardian will be
contacted to fill out a form that provides consent for you to enter
this contest. When we receive parental consent we will post your
artwork on the Eat Canned Pears Facebook Page
http://www.facebook.com/eatcannedpears
For more information concerning entries by children under the age of
13, see our
Notice to Parent and Legal Guardian re Children's
Online Privacy Protection Act (“COPPA”) Policy.
Selection Process: Contest Entries will be judged on:
Creative concept 40%
Edible appeal 20%
Artistic execution 40%
The Pearcasso Kids' Art Contest has three judges: a representative from
Pacific Northwest Canned Pear Service, a representative from
SmileMakers® Inc. and a Pacific Northwest Pear Processor.
You may enter more than once.
The winning entries will be selected by a panel of judges and the
winners will be announced by December 10, 2011, on the Pacific
Northwest Canned Pear website www.eatcannedpears.com/playwithyourpears.
You may also obtain a copy of the names of the winners, by emailing
your request to: playwithyourpears@gmail.com
Prizes:
Prizes will be awarded in two age categories: 5-11, 12-18
For schools and organizations group submissions:
1st - $500
2nd - $250
3rd - $100
For individual submissions:
1st - $100
2nd - $50
3rd - $25
Winners: Any taxes are the sole responsibility of the winner.
GENERAL RULES AND CONDITIONS
By participating in the Contest, entrants agree to abide by and be
bound by these Official Rules and the decisions of the judges, which
are final and binding in all respects. By accepting a prize, the winner
consents to the use of his or her name, likeness and biographical
information, and Contest Entry materials for advertising and commercial
purposes without further compensation or consent, unless prohibited by
law. The winner's parents or guardian will be required to sign and
complete an Affidavit of Eligibility and a Liability and Publicity
Release (where legally permissible) and return the signed documents
within ten (10) days of being advised that he or she is the winner;
otherwise the specified prize may be forfeited and awarded to an
alternate winner. Entrants agree to release, discharge and hold Pacific
Northwest Canned Pears Service and SmileMakers®, Inc, its
advertising and promotion agencies and the Contest judge(s), their
affiliates and respective directors, officers, owners, partners,
employees, agents, dealers, representatives, successors and assigns
harmless from and against any and all liability and damages in
connection with the Contest, and if declared the winner, the prize.
This Contest will be run in accordance with these rules. Entrants must
comply with these rules, and will be deemed to have received and
understood the rules by participating in the Contest.
By entering the Contest, entrant and his or her parents and legal
guardians warrants and represents that (a) entrant is eligible to enter
the Contest; (b) the Contest Entry is original to entrant and that
entrant is the owner of all right, title and interest in and to the
Contest Entry and the entrant has the right to grant the rights granted
herein or, alternatively, the entrant has obtained all necessary rights
and permissions to use and submit the Contest Entry in connection with
the Contest and to provide all the rights specified in these Official
Rules; and (c) the Contest Entry and the use thereof as contemplated
herein does not and will not violate or infringe upon any law or
regulation or the rights of any third party, including, without
limitation, any copyright, trademark, patent, or any rights of
publicity or privacy, or any other intellectual property or proprietary
rights. By entering the Contest, entrant agrees that all Contest
Entries become the property of the Sponsor and that Contest Entries
will not be returned to entrant.
(d) To comply with the new Federal Trade Commission blogger rules, if
the entrant puts his or her entry on their blog, they agree to tell
their readers/viewers that his or her posting for the contest
constitutes a Contest Entry in Pacific Northwest Canned Pears'
Pearcasso Kids' Art Contest.
(e) Each entrant acknowledges that any information provided by that
entrant may be disclosed to Pacific Northwest Canned Pears Service, as
well as to their promotion and advertising agencies, and may be used
for administering the Contest and for sending marketing communications
from Pacific Northwest Canned Pears Service.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
By participating, entrants, by their parents or legal guardians, agree
to assign all rights to and creative ownership of their video or photo
to Pacific Northwest Canned Pears Service, (hereinafter “PNCPS”). In
the event the entrant or winner is a minor in the state of his or her
residence, all required documentation must be signed by his or her
parent or legal guardian. No copyrighted material is allowed in any
portion of the video and only original, non-copyrighted material may be
included. Entrants also certify that they created the artwork
themselves and have either created the video themselves or have
permission from the videographer to submit the video (and have obtained
a release from the videographer of all rights therein). Entrant may be
asked to provide written verification of these representations. By
participating in this contest, entrants further grant permission to
Sponsor to post the photo or a COPPA POLICY
http://www.eatcannedpears.com is a website that is owned and operated
by PNCPS. PNCPS recognizes the issues inherent in communicating
directly with children under the age of 13 over the Internet. The
Children's Online Privacy Protection Act (“COPPA”) is a federal law
designed to protect the privacy of children under 13 years old. COPPA
requires that we provide you, as parents or legal guardians
(hereinafter “Parents”) with notice concerning what personal
information is collected from children and how it is used or shared,
and inform you that your consent is necessary before a child under 13
years old can participate in contests, sweepstakes, or other activities
(hereinafter “Contests”) on our website that require them to submit
personal information to us.
LIMITATION OF LIABILITY
PACIFIC NORTHWEST CANNED PEARS SERVICE, AND ITS PARENT, SUBSIDIARIES,
AFFILIATES, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, ADVERTISING
AND PROMOTION AGENCIES INVOLVED IN THIS CONTEST SHALL HAVE NO LIABILITY
AND SHALL BE HELD HARMLESS BY ENTRANT FOR ANY DAMAGE, LOSS OR LIABILITY
TO PERSON OR PROPERTY, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY,
BY REASON OF ENTERING THE CONTEST, THE ACCEPTANCE, POSSESSION, USE OR
MISUSE OF ANY PRIZE, OR WHILE PREPARING FOR, PARTICIPATING IN, OR
TRAVELING TO AND FROM ANY PRIZE-RELATED ACTIVITY.
TRAINA PUBLIC RELATIONS, AND ITS PARENT, SUBSIDIARIES, AFFILIATES,
DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, ADVERTISING AND PROMOTION
AGENCIES INVOLVED IN THIS CONTEST SHALL HAVE NO LIABILITY AND SHALL BE
HELD HARMLESS BY ENTRANT FOR ANY DAMAGE, LOSS OR LIABILITY TO PERSON OR
PROPERTY, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, BY REASON OF
ENTERING THE CONTEST, THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY
PRIZE, OR WHILE PREPARING FOR, PARTICIPATING IN, OR TRAVELING TO AND
FROM ANY PRIZE-RELATED ACTIVITY.
SmileMakers®, AND ITS PARENT, SUBSIDIARIES, AFFILIATES, DIRECTORS,
OFFICERS, SHAREHOLDERS, EMPLOYEES, ADVERTISING AND PROMOTION AGENCIES
INVOLVED IN THIS CONTEST SHALL HAVE NO LIABILITY AND SHALL BE HELD
HARMLESS BY ENTRANT FOR ANY DAMAGE, LOSS OR LIABILITY TO PERSON OR
PROPERTY, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, BY REASON OF
ENTERING THE CONTEST, THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY
PRIZE, OR WHILE PREPARING FOR, PARTICIPATING IN, OR TRAVELING TO AND
FROM ANY PRIZE-RELATED ACTIVITY.
(f) Pacific Northwest Canned Pears Service, SmileMakers® Inc. and
its promotion and advertising agencies not responsible for: (1) any
incorrect or inaccurate information, whether caused by entrant,
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, 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
Contest 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 Contest Entries, the announcement of the prizes or in any
Contest-related materials; (5) late, lost, undeliverable, damaged or
stolen mail; or (6) 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 (including any travel/activity related thereto). Released
Parties are not responsible for misdirected or undeliverable Contest
Entries or for any technical problems, malfunctions of computer
systems, servers, providers, hardware/software, lost or unavailable
network connections or failed, incomplete, garbled or delayed computer
transmission or any combination thereof. Released Parties are not
responsible for any unauthorized third party use of any Contest Entry.
Miscellaneous. The Contest and these Official Rules will be governed,
construed and interpreted under the laws of Washington. Sponsor
reserves the right, in its sole discretion, to suspend, cancel,
postpone or extend the Contest or any entrant's participation in the
Contest should viruses, bugs, unauthorized human intervention or other
causes beyond Sponsor's control affect the administration, security or
proper play of the Contest or Sponsor otherwise becomes (as determined
in its sole discretion) incapable of running the Contest as planned. If
terminated, Sponsor may, in its sole discretion, determine the winners
from among all eligible Contest Entries received up to time of such
action using the judging procedure outlined herein. Entrants who
violate these Official Rules, violate any law, rule or regulation in
connection with participation in the Contest, tamper with the operation
of the Contest, or engage in any conduct that is detrimental or unfair
to Sponsor, the Contest or any other entrant (in each case as
determined in Sponsor's sole discretion), are subject to
disqualification from entry into the Contest. Sponsor reserves the
right to lock out persons whose eligibility is in question or who have
been disqualified or are otherwise ineligible to enter the Contest.
Sponsor's failure to enforce any term of these Official Rules shall not
constitute a waiver of that provision. If you have any questions about
these Official Rules or the Contest, please e-mail them to
playwithyourpears@gmail.com.
6. Contest Conditions (a) No substitutions, transfers or cash
equivalent for a prize (or portion thereof) is allowed, except by
Sponsor in its sole discretion due to prize (or portion thereof)
unavailability and then for a prize (or applicable portion thereof) of
equal or greater value.
(b) Sponsor is not responsible for failure of the Internet or the Web
site during the promotional period, for any problems or technical
malfunction of any telephone network or lines, computer on-line
systems, servers, access providers, computer equipment, software,
failure of any email or traffic congestion on the Internet or at any
Web site, or any combination thereof including any injury or damage to
an entrant's or any other person's computer related to or resulting
from participation in this Contest.
(c) Sponsor reserves the right to cancel or suspend the Internet
portion of this contest should a virus, bug or other cause beyond their
reasonable control corrupt the security or proper administration of the
contest. Any attempt to deliberately damage any Web site or to
undermine the legitimate operation of this promotion is a violation of
criminal and civil laws. Should such an attempt be made, contest
sponsor(s) reserve(s) the right to seek remedies and damages to the
fullest extent permitted by law, including criminal prosecution.
(d) Sponsor is not responsible for lost, late, incomplete, damaged,
stolen, misdirected, illegible, or inaccurate entries or for failures
of video or sound recording or video or sound listening equipment or
for incorrect or inaccurate entry information, or any other technical,
human or other problems or errors that may occur in connection with
this Contest.
(e) Sponsor shall have the right, at its discretion, to disqualify any
entries that they deem to be obscene, defamatory or otherwise
unsuitable or not in good taste. By entering, each entrant warrants and
represents that his or her entry is original and has not been
previously published or submitted in any other competition, does not
defame or otherwise violate the rights of any third party, does not
contain any footage, music or other material from any third party
(unless licensing rights have been secured and proof is provided to
Sponsor) and does not violate any federal, state or local laws or
ordinances. Modification of an existing work does not qualify as
original. Entrant further warrants and represents that he or she has
secured the requisite consent from all individuals appearing in any
entry and will be able to provide that to Sponsor in a form acceptable
to Sponsor. Entrant further warrants and represents that Sponsor and
its designees use of entry submitted hereunder will not give rise to
any residual or other payment obligations under any collective
bargaining agreement or otherwise.
(f) Each entrant agrees that Sponsor shall own the entry (and all
material embodied therein including but not limited to the video
submitted by Entrant) and shall have the perpetual, worldwide right and
permission (unless prohibited by law) to edit, publish, exploit and use
the entry (and all material embodied therein including but not limited
to the video submitted by Entrant) in any way and in any media for
trade, advertising, promotional and/or other purposes as Sponsor may
determine without further consideration to, compensation or approval
from entrant or any third party. Sponsor and its affiliates,
advertising and promotion agencies shall have no liability and will be
held harmless by entrant for any claim, action, liability, loss, injury
or damage to entrant or any other person or entity, including personal
injury or death to winner or any other person or damage to personal or
real property, due in whole or in part, directly or indirectly, by
reason of entrant's participation in this Contest, or the acceptance,
possession, use or misuse of a prize (including any travel or related
activity) or Sponsor's or its designees' use of any entry submitted in
this Contest. All entries shall become the property of the Sponsor and
will not be acknowledged or returned.
(g) Contestants will be deemed to have received and understood the
rules by participating in the contest.
7. Winners List: For the names of the Grand Prize Winners or for a copy
of these Official Rules (please specify), send a stamped,
self-addressed envelope for receipt by December 31, 2011 to Pearcasso
Kids' Art Contest, c/o Flett, 652 Stanyan #303, San Francisco.
8. Sponsor: PACIFIC NORTHWEST CANNED PEARS SERVICE
105 South 18th Street Suite #205
Yakima, WA 98901-2145
Phone: 509.453.4837
Fax: 509.453.4880
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