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BIRDS EYE VOILA! #voilaisdelicious Sweepstakes Rules

BIRDS EYE VOILA! “#voilaisdelicious” SWEEPSTAKES

OFFICIAL RULES
NO PURCHASE NECESSARY.
OPEN TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE OF THE AGE OF MAJORITY IN THEIR PLACE OF RESIDENCE AT TIME OF ENTRY AND AT LEAST 18 YEARS OF AGE AND WHO ARE PHYSICALLY LOCATED AND RESIDE IN THE UNITED STATES OR DISTRICT OF COLUMBIA. 

VOID IN PUERTO RICO AND WHERE PROHIBITED.

 

1.  NO PURCHASE NECESSARY.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. 

2.  ELIGIBILITY: Birds Eye Voila! “#voilaisdelicious!” Sweepstakes (the “Sweepstakes”) is open to legal residents of the fifty (50) United States and the District of Columbia who are of the age of majority in their place of residence at time of entry and at least 18 years of age, and who are physically located and reside in the United States or District of Columbia at the time of entry ("Eligible Participant").  Void in Puerto Rico and where prohibited.  Employees, directors and officers, and their immediate families (spouse, parents, children, siblings, and their respective spouses), and their respective household members, of Pinnacle Food Groups, its affiliates, subsidiaries, and divisions, advertising and promotion agencies, and Tenthwave Digital LLC and all others associated with the design, execution, production, development, and promotion of this Sweepstakes or are connected to this Sweepstakes in any way are not eligible to enter.  Sweepstakes is subject to all federal, state and local laws. U.S. law governs this Sweepstakes. The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram or Twitter. By entering, you understand that you are providing your information to the Sponsor and not to Instagram or Twitter. The information you provide will only be used for administration of the Sweepstakes.

3. SWEEPSTAKES TIMING/DESCRIPTION: The Sweepstakes begins on 4/26/13 and ends on 10/28/13 (the "Promotion Period"). The Birds Eye Voila! Food Truck will be present at local events taking place in the following cities throughout the Promotion Period: San Diego, Los Angeles, Las Vegas, Seattle, Phoenix, Denver, Washington DC, Baltimore and New York.  There will be nine (9) random drawings, one (1) conducted for each city.  Ten (1o) prizes will be awarded for each random drawing for a total of ninety (90) prizes awarded during the Promotion Period.    

4. HOW TO ENTER:  There will be local events (the “events”) taking place in the following cities in the U.S. throughout the Promotion Period:  San Diego from 4/26/13 - 5/12/13; Los Angeles from 5/15/13 – 6/9/13; Las Vegas from 6/12/13 – 6/23/13; Seattle from 6/29/13 – 7/11/13; Phoenix from 7/18/13 – 7/22/13; Denver from 7/31/13 – 8/4/13; Washington DC from 9/4/13 – 9/15/13; Baltimore from 9/18/13 – 9/29/13; and New York from 10/3/13 – 10/28/13.  The Birds Eye Voila! Food Truck will be present at these events.  Consumers will be encouraged to share their experiences at the Birds Eye Voila! Food Truck via Instagram or Twitter in order to be entered in the Sweepstakes.   

There are three (3) ways to enter the Sweepstakes:  Instagram, Twitter and via U.S. Mail.

Instagram:  To enter the Sweepstakes via Instagram, you must have downloaded the Instagram application on your mobile device and you must be a registered user of Instagram and have an established Instagram username and follow the @VoilaFoodTruck feed in order to enter. Before entering the Sweepstakes, the “Photos Are Private” option in the account settings on your Instagram account must be set to “OFF”.  During the Promotion Period, take a photograph of your experience at the Birds Eye Voila! Food Truck at one of the events and upload your original photograph through the Instagram application, including the hashtag #voilaisdelicious.   No additional statements or content may be submitted as part of any entry.  All photos must comply with the Photo Upload Terms described below.  There is a limit of five (5) entries submitted per person per Instagram account per city.  Subsequent entries submitted by the same person or Instagram account per city are void.   Each Entry must be unique in content.   All entries must be received by dates/times stated in the Entry Chart below in order to be eligible for a random drawing.  An Instagram account can be opened for free at www.instagram.com or by downloading the free app.  Instagram accounts from which Entries are made must not be private, and must be viewable to the public.  Entries must be submitted in the format(s) accepted on Instagram and must be created solely by the Eligible Participant. In addition, Entries must comply with Instagram’s terms of use and these Official Rules. Entries that do not comply with Instagram’s terms of use or these Official Rules may be disqualified in Sponsor’s sole discretion. Entries will be deemed to have been submitted by the registered account holder of the Instagram account that submitted the entry. Eligible Participants using more than one (1) Instagram account to enter the Sweepstakes will be disqualified.  If you choose to enter via Twitter or Instagram using your mobile phone, standard data fees may apply.  See your wireless provider for pricing plan details. 

Twitter:  You may enter the Sweepstakes via the Twitter platform.  To enter, you must have or create a non-private Twitter account (“Twitter account”).  If you already have a Twitter account, submit your email address and password and sign in.  If you are not an existing member of Twitter, you will be required to follow the directions and join Twitter.  When you join Twitter, you are indicating that you have read and agree to accept the Twitter Terms of Service and Privacy Policy.  Membership to Twitter.com is free. To enter the Sweepstakes via Twitter, sign in at Twitter.com, go to twitter.com/voilafoodtruck and click “Follow”.  Submit an original photograph of your experience at the Birds Eye Voila! Food Truck at one of the events or tweet about your experience at the Birds Eye Voila! Food Truck at one of the events via @reply to @VoilaFoodTruck including the hashtag #voilaisdelicious.   Photograph must be in either JPG or GIF or PNG electronic formats and not exceed 1 MB in size.  No additional statements or content may be submitted as part of any entry.   All photos must comply with the Photo Upload Terms described below.  There is a limit of five (5) entries submitted per person per Twitter account per city.

 Subsequent entries submitted by the same person or Twitter account per city are void.   Each Entry must be unique in content.   All entries must be received by dates/times stated in the Entry Chart below in order to be eligible for a random drawing.  Entries will be deemed to have been submitted by the authorized account holder associated with the username used to enter via Twitter. The authorized account holder is defined as the natural person who is assigned to a username by twitter.com.  You must enter using only a twitter.com account subscribed to and registered in your name.  Entries will be deemed to have been submitted by the person subscribed and registered to the username from which entries are received.  A potential winner may be required to provide Sponsor with proof that he/she is the authorized account holder of the user name/Twitter Account associated with the winning entry.

By Mail:  To enter the Sweepstakes by U. S. Mail, hand print your name, address, city, state, ZIP code, date of birth, email address (optional) and daytime telephone number on a 3” X 5” card, and mail it, in an envelope with postage affixed, to:  Birds Eye Voila! “#voilaisdelicious” Sweepstakes, P.O. Box 923, Plainview, NY  11803-0923.  Mail-in entries must be postmarked and received by dates stated in the Entry Chart below in order to be eligible for a random drawing.  Limit one entry per outer envelope.    

General Entry Terms and Conditions:  Entries that have been generated by a script, macro, bot or any other automated means will be deemed void.  Entries that are mechanically reproduced, copied, illegible, incomplete, postage due, late or inaccurate are void.  Incomplete entries or entries not complying with these Official Rules are subject to disqualification, at the Sponsor’s sole discretion.  Proof of mailing does not constitute proof of delivery.    Entries become the property of the Sponsor and will not be acknowledged or returned. Sponsor’s decisions are final on all matters relating to this Sweepstakes.   The promotional Website’s database clock will be the official timekeeping device for the Sweepstakes.     

SPONSOR RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO DISQUALIFY ANY ENTRY THAT THE SPONSOR FEELS IS INAPPROPRIATE, OBJECTIONABLE AND/OR INCONSISTENT WITH THE POSITIVE IMAGE AND/OR GOOD WILL IT WISHES TO PROMOTE IN THIS SWEEPSTAKES.

ALL ENTRANTS ACKNOWLEDGE AND AGREE THAT ALL ENTRY MATERIALS SUBMITTED IN CONNECTION WITH THIS SWEEPSTAKES ARE SUBMITTED ON A NON-CONFIDENTIAL AND NON-PROPRIETARY BASIS AND MAY BE USED BY SPONSOR, ITS AGENTS AND SUBSIDIARIES, FOR ADVERTISING AND PROMOTIONAL PURPOSES.

5.  PHOTO UPLOAD TERMS:  By submitting photos through Instagram and Twitter, you:

  • Represent that you own or have the unrestricted right to submit the photo;
  • Represent that the photo is original, has not been previously published or entered into any other sweepstakes, contest, or other promotion, and has not previously won any prize or award;
  • Represent that the photo does not infringe upon any third party's intellectual property, privacy, proprietary or other rights, does not depict or reference any individual other than you or infringe upon any third party's intellectual property, privacy, proprietary or other rights, and do not contain any virus, bug or technical defect that would corrupt or otherwise affect the security, integrity or operation of the website;
  • Represent that the photo does not contain commercial/corporate advertising, including but not limited to corporate logos, brand names, and slogans, other than those relating to Birds Eye brand products;
  • Represent that the photo does not contain any defamatory, obscene, lewd, pornographic, offensive, hateful, discriminatory, or otherwise inappropriate or unlawful content;
  • Grant to Sponsor and its affiliates, agents, and representatives a  perpetual, worldwide, non-exclusive, royalty-free, irrevocable, assignable, and sublicensable license to use your photo for any commercial or non-commercial purpose and in any media now known or later invented, including, without limitation, the rights to copy, distribute, transmit, display, reproduce, edit, translate, reformat, and prepare derivative works based upon your photo; and to publish your name and biographical information in connection with your photo, without further notice to, approval by, or payment to you; and
  • Agree that Sponsor reserves the right, in its absolute discretion, to reject photos that violate these Official Rules.

6.  DETERMINATION OF WINNERS: Ten (10) potential winners will be selected in a random drawing for each city (as described above) on or about dates stated in the Entry Chart below from among all eligible Twitter and Instagram entries received and all eligible mail-in entries postmarked and received on dates stated in the Entry Chart below.  The random drawings will be conducted by Tenthwave Digital LLC, an independent judging organization.  Judges’/Sponsor’s decisions are final on matters relating to this Sweepstakes.  Potential winners will be notified by electronic mail and/or overnight or U.S. mail and/or mobile phone, depending upon method of entry, on or about dates stated in the Entry Chart below. 

ENTRY CHART:

City

Twitter & Instagram entry rec’d between:

Mail-in entry postmarked between:

Mail-in entry received by:

Drawing Date:

Winners notified on or about:

San Diego

4/26/13 – 5/12/13

4/26/13 – 5/13/13

5/20/13

5/21/13

5/21/13

Los Angeles

5/15/13 – 6/9/13

5/15/13 – 6/10/13

6/17/13

6/18/13

6/18/13

Las Vegas

6/12/13 – 6/23/13

6/12/13 – 6/24/13

7/1/13

7/2/13

7/2/13

Seattle

6/29/13 – 7/11/13

6/29/13 – 7/11/13

7/18/13

7/19/13

7/19/13

Phoenix

7/18/13 – 7/22/13

7/18/13 – 7/22/13

7/30/13

7/31/13

7/31/13

Denver

7/31/13 – 8/4/13

7/31/13 – 8/5/13

8/12/13

8/13/13

8/13/13

Washington DC

9/4/13 – 9/15/13

9/4/13 – 9/16/13

9/23/13

9/24/13

9/24/13

Baltimore

9/18/13 – 9/29/13

9/13/13 – 9/30/13

10/7/13

10/8/13

10/8/13

New York

10/3/13 – 10/28/13

10/3/13 – 10/28/13

11/4/13

11/5/13

11/5/13


Potential winners will be required to verify their eligibility and mailing address and, if requested, return any affidavits, releases, and other documents, where legal, properly executed, within 7 days of issuance of notification. Non-compliance within this time frame or with the Official Rules, or if prize or prize notification is returned as undeliverable, or Sponsor ‘s inability to contact a potential winner within a reasonable time frame will result in the entrant being disqualified, and the prize will be awarded to a potential alternate winner. Allow 6-8 weeks for delivery of a prize.  Odds of winning a prize in each random drawing depend upon the number of eligible Twitter and Instagram entries received and eligible mail-in entries postmarked and received for each random drawing.  Non-winning entries will not be eligible for any drawings other than the one it was originally entered. Limit one prize per person.  All claimed prizes will be awarded.       

7. PRIZES: Ninety (90) Birds Eye Voila! Prize Packs will be awarded (ten (10) prizes awarded in each of the nine city random drawings):  Each Prize Pack will contain the following: a Birds Eye Voila! Branded potholder - $4.98 value; one (1) $200 Visa Gift Card; and twenty (20) Birds Eye coupons – valued up to $7.99/each.  Approximate Retail Value (ARV):  $364.78/each.  Total ARV of all prizes:  $32,830.20.   Terms and conditions related to Visa Gift Card and Bird’s Eye coupons apply.  Limit one (1) prize per person, e-mail address, and household for the entire Sweepstakes, regardless of the method of entry.

All taxes and any other costs not specifically stated within these Official Rules are the sole responsibility of the winners.    Prizes may not be transferred, substituted or redeemed for cash, except at the Sponsor’s sole discretion.  Sponsor reserves the right to substitute a prize of equal or greater value if advertised prize is unavailable at the time the prize is awarded.  All prizes will be awarded, providing there are a sufficient number of eligible entries received. 

8. CONDITIONS OF PARTICIPATION: By entering, entrants agree to be bound by these Official Rules including all eligibility requirements.  Sponsor will collect information from the entrant solely for the purpose of administering the Sweepstakes and to notify a winner.  Sponsor will not share this information with any third parties, except as necessary for the administration of the Sweepstakes.  Sponsor’s use of information submitted by entrants in connection with this Sweepstakes will be subject to the terms and conditions stated in these Official Rules as well as to the Sponsor’s Privacy Policy available at birdseye.com/privacy-policy. All materials submitted in connection with the Sweepstakes become the property of Sponsor and will not be returned. By accepting a prize, a winner consents to the use of his/her name, image, likeness, photograph, voice and biographical material and entry submission for advertising, publicity and promotional purposes by Sponsor, or a party designated by Sponsor, in any and all media now or hereafter known including but not limited to, any online announcements, or for sharing this information with the press for viewing, whether TV or print, throughout the world in perpetuity, without additional compensation, notification or permission, except where prohibited by law.  Entrants agree to abide by the terms of these Official Rules and the decisions of the judges and Sponsor, which are final, and waive any right to claim ambiguity in these Official Rules.  Entrants agree that any and all disputes shall be governed by the laws of the State of New Jersey.

9.  INDEMNIFICATION; LIMITATIONS OF LIABILITY: ENTRANTS HEREBY AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR, AND TENTHWAVE DIGITAL LLC, THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, DIVISIONS, ADVERTISING AND PROMOTION AGENCIES AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES AND SHAREHOLDERS (COLLECTIVELY, THE “RELEASEES”) FROM ANY CLAIMS, ACTIONS, INJURY, LOSS OR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH, RESULTING FROM PARTICIPATING IN THE SWEEPSTAKES OR FROM THE ACCEPTANCE, POSSESSION, OR USE OR MISUSE OF ANY PRIZE AWARDED OR PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY.  THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OR DAMAGE TO PROPERTY; AND CLAIMS OF THIRD PARTIES.  ELIGIBLE PARTICIPANTS AGREE THAT RELEASEES HAVE NOT MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, STATUTORY, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE), IN FACT OR IN LAW, RELATIVE TO THE SWEEPSTAKES OR THE PRIZE AWARDED.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RELEASEES DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY PROMOTIONAL WEB SITE AND RELEASEES SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATED THERETO. Releasees are not responsible for lost, late, incomplete, illegible, inaccurate, delayed, garbled, damaged, stolen or misdirected submissions, or problems of any kind, whether mechanical, human or electronic.  Releasees are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, inability to access a website, inability to submit an entry, or fraud, incomplete, garbled, or delayed computer transmissions or inaccurate transcription of entry information, whether caused by Sponsor, users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the processing of submissions which may damage a user’s system or limit an Eligible Participant’s ability to participate in the Sweepstakes. Releases are not responsible for late, lost, incomplete, illegible, damaged, postage-due or misdirected entries or mail.   Entry materials that have been tampered with or altered are void.  Should any portion of the Sweepstakes be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness, integrity or proper play, or submission of entries, or should the Sweepstakes be unable to run as planned for any other reason, Sponsor reserves the right at its sole discretion to terminate the Sweepstakes and, if terminated, at its discretion, select the potential winner[s] in a random drawing from among all eligible, non-suspect entries received prior to action taken.  CAUTION:  ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR ANY ONLINE SERVICE RELATED TO THE SWEEPSTAKES OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.  Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of such term or any other provision.  Sponsor reserves the right to disqualify any entrant who violates the rules or interferes with the Sweepstakes in any manner.  If an entrant is disqualified, Sponsor reserves the right to terminate such entrant’s eligibility to participate in the Sweepstakes.  Any attempt by an individual to access any website associated with the Sweepstakes via a bot script or other brute force attack or any other unauthorized means will result in that individual’s IP address becoming ineligible.  Use of automated entry devices or programs is prohibited.

10. DISPUTES:  Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Eligible Participant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New Jersey, without giving effect to any choice of law or conflict of law rules (whether of the State of New Jersey, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New Jersey. 

11. WINNERS’ LIST: For the names of the winners, available after 11/30/13, mail a self-addressed, stamped envelope by 11/30/13 to: Birds Eye Food Truck Sweepstakes Winners, P. O. Box 997, Plainview, NY  11803-0997. 

12. SPONSOR & ADMINISTRATOR:  The Sponsor of this Sweepstakes is Pinnacle Food Groups, PO Box 3900, Peoria IL 61612.  Administrator:  Tenthwave Digital LLC, 35 Pinelawn Road, Suite 207W, Melville, NY  11747.

©Copyright 2013  Tenthwave Digital LLC.  All rights reserved.  Entrants may copy these Official Rules for the sole purpose of personal use and not for any commercial purpose whatsoever.