JUICY JUICE® Happy Artist CONTEST
NO PURCHASE NECESSARY TO ENTER OR WIN.
PARENTS MUST BE LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE OR OLDER. THE CHILD OF A PARENT MUST BE A LEGAL RESIDENT OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO IS 2-10 YEARS OF AGE AT TIME OF ENTRY BY PARENT. INTERNET ACCESS & PRINTER ACCESS REQUIRED. STANDARD DATA CHARGES MAY APPLY.
1. CONTEST PERIOD: The Juicy Juice® Happy Artist Contest (the “Contest”) begins at 12:00 p.m. (noon) Eastern Time (“ET”) on January 06, 2021 and ends 4:59 p.m. ET on February 28, 2021 (the “Contest Period”).
2. ELIGIBILITY: Parents (Entrants) must be legal residents of the 50 United States and the District of Columbia who are 18 years of age or older at time of Entry (defined below); a Legal Guardian of a child also counts as a “Parent.” The Child of Parent must be a legal resident of the 50 United States and the District of Columbia who is 2- 10 years of age at time of Entry by Parent (“Child”).* Employees of Harvest Hill Beverage Company (“Sponsor”), 360 PR, and Advantage Solutions D.B.A. The Sunflower Group and each of their respective affiliated companies, parents, subsidiaries, and advertising agencies, promotional agencies and agencies/parties engaged in the development, production and distribution of Contest materials (collectively, the “Promotion Entities”), and their immediate family members (defined as parents, grandparents, spouses, siblings, children and grandchildren) and those living in the same household (whether related or not) of each are not eligible to participate in the Contest by entering Child/Children. *As used herein, wherever applicable, “Parent” refers to the parent acting on behalf of him/herself AND his/her child.
3. HOW TO ENTER: During the Contest Period, Parents visit www:juicyjuice.com/happyartist (“Website”) and follow the instructions to complete the registration form with all required information (that is, Parent’s name and e-mail address, child’s age, first name of the child) and download and print out the official design template. Using the template, have your child draw what makes them happy (“Drawing”). The Drawing can be made in ink, marker, crayon or any other durable medium; the use of glitter or other physical elements to introduce a tactile aspect to Drawing is NOT permitted. The Drawing must be solely your child’s original work (NEITHER YOU NOR ANYONE ELSE MAY ASSIST YOUR CHILD IN CREATING THE DRAWING) and must contain only images — no names, words or letters. Accordingly, the titles of songs, television programs, movies and the names of cartoon characters are NOT acceptable. The Drawing must not include any personal information regarding Child, Parent or anyone else. The template cannot be modified or altered in any way from its original form; only material inside the designated box will be reviewed. Once your Child has completed his/her Drawing, take a photograph of or scan the Drawing. (When taking a photograph of the Drawing, it is recommended that you do so in a well-lit area using portrait – not landscape -- orientation.) WHEN PHOTOGRAPHING/SCANNING YOUR CHILD’S DRAWING, DO NOT MODIFY THE DRAWING IN ANY WAY, INCLUDING BUT NOT LIMITED TO USING PHOTO-EDITING SOFTWARE; DOING SO WILL RESULT IN AUTOMATIC DISQUALIFICATION. (Photograph must be a “raw capture” of Drawing.) Then, upload your child’s Drawing as directed. Photo/scan of Drawing must be submitted as an attachment concurrently with submission of the completed registration form. The photo/scan of Drawing must comply with the following file requirements: File size: <10MB, File type: JPEG or PNG Only. The photo/ scan must only contain your child’s Drawing. So, please do NOT photograph your Child holding the Drawing (no “selfies”); please do not include any caption or commentary of any kind along with your child’s Drawing. A Parent may enter three (3) Drawings/Entries for each eligible child in their household provided that the same Drawing is not entered more than once. Only one (1) parent of a child should enter such child’s Drawing in the Contest. Promotion Entities (including Sponsor) are not responsible for lost, late, delayed, inaccessible, unviewable, jumbled, corrupted, garbled, misdirected, or incomplete Entries, all of which are void. Proof of submission of Drawing does not constitute proof of receipt of same or proof of entry in the Contest. All Entries become the property of the Sponsor and will not be returned. Receipt of Entry will be acknowledged but such acknowledgment does not constitute any representation of eligibility nor is it otherwise binding upon Sponsor. In the event of a dispute as to any Entry, the authorized account holder of the e-mail address indicated on the Entry will be deemed to be the Entrant (that is, the Parent). “Authorized e-mail account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Potential winners (that is, Parents) may be required to show proof of being the authorized account holders associated with the Finalist/winning Entries. Any Entry which does not meet the requirements of these Official Rules will be disqualified. Multiple entrants (that is, Parents) are not permitted to use the same e-mail address. Normal Internet access and usage charges imposed by entrants’ online service may apply. Standard data rates may apply if entering via mobile device. In order to be entered into the Contest, Entrants must comply with above instructions when submitting their Entry. The Entry, must not contain obscene, profane, lewd, defamatory or inappropriate content, or be disparaging to Sponsor (including its Juicy Juice® brand) or its affiliates, as determined in Sponsor’s sole discretion. Entries must be in keeping with Sponsor’s and its affiliates’ images and may not be offensive, as determined by Sponsor in its sole discretion, nor can it defame or invade publicity rights or privacy rights of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary rights. Entrant’s Child may not copy or otherwise plagiarize the Entry from any source. An Entry must be the sole, original work of the Entrant’s Child. Any Entry or portion thereof that is, in the Sponsor’s sole discretion, obscene, profane, lewd, defamatory, inappropriate, disparaging, offensive or contains proprietary rights of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity, or is otherwise objectionable, will not be considered by Sponsor and will be disqualified by the Sponsor in its sole discretion. Entries should not contain any reference to third-party materials other than Sponsor-owned, or otherwise violate or infringe (or possibly infringe) any copyright, trademark, logo, or mark that identifies a brand other than Sponsor’s brand. Entrants and winners (Parents) acknowledge and agree that Sponsor has the right to edit, adapt, modify, reproduce, promote and otherwise use Entries in any way it sees fit. Automated, script, macro or robotic Entries submitted by individuals will be disqualified.
4. WINNER SELECTION: All eligible Entries will be sorted by age group of Child: Age Group #1: 2 – 6 years old; and Age Group #2: 7 – 10 years old. In each Age Group, Entries will be judged by a Sponsor-selected panel of judges on or about March 8, 2021, based on the following judging criteria to determine the top fourteen (14) scored Entries (each such Entry): Design/Technique (30%), Originality (30%), Consistent with Theme/Inspirational (30%) and Photo Quality (10%). There will be four (4) Grand Prize winners: Two (2) winners from the 2–6-year-old age group and two (2) winners from the 7–10 year old age group. There will be ten (10) First Prize winners ages 2-10-year-old age group (with the judging panel taking into account the age of the Child creating the Drawing). In the event of a tie, such tie will be broken based on highest score for Consistent with Theme/Inspirational (for Grand Prize, within the applicable age group). Decisions of Sponsor and judging panel are final with respect to all matters relating to the Contest. Parents of Children with the highest scored Drawings will be notified by phone and/or e-mail on or about March 15, 2021 and will be required to complete and return via e-mail, a Declaration of Eligibility and liability and publicity release, except where prohibited (“Declaration”) within 48- 72 hours of Sponsor’s attempted delivery. Parents of Children with the highest scored Drawings must return their Declaration or the Entry will be disqualified, and an alternate Entrant/Child may be determined, as outlined above, in Sponsor’s sole discretion. Noncompliance within any specified timeframe or return of any notification as undeliverable will result in disqualification without further notice and an alternate Parent/Child may be determined, as outlined above, in Sponsor’s sole discretion.
5. PRIZES AND APPROXIMATE RETAIL VALUES (“ARV”): Four (4) Grand Prizes, awarded to Parents on behalf of winning Children – Two (2) winners from the 2-6 year old age group and Two (2) winners from the 7-10 year old age group. Grand prize winner may see their Child’s artwork (Drawing) featured on Juicy Juice® product packaging** as well as a $500 Sponsor-selected gift card for art supplies. ARV $500 per prize. Ten (10) First Prizes, awarded to Parents on behalf of winning Children – A $200 Sponsor-selected gift card for art supplies. ARV $200 per prize. Limit one (1) Prize per Child. If a given Child has more than one (1) Entry/Drawing ranked in the top fourteen (14) Entries, a prize will only be awarded for the higher/highest ranked of such Child’s Entries/Drawings (and the remaining Entries/Drawings by that Child will not result in receipt of a Prize). Gift cards subject to restrictions/expiration dates may apply. Potential Grand and First Prize winners (that is, Parents of Children with the highest scored Drawings) will be required to execute and return within three (3) days, via e-mail, a Prize Acceptance Form in order to receive the Prize and agree to acceptance of tax liability on prize. Return of the Prize Acceptance Form as undeliverable or if winner does not return the Prize Acceptance Form in the time specified, winner may be disqualified and an alternate Grand or First Prize winner may be determined, as outlined above, in Sponsor’s sole discretion. Potential Grand Prize winners understand and agree that, as a condition of being considered a winner the winning Entrant (i.e., the Parent) may be subject to a background check, at the sole discretion of Sponsor. At the discretion of the Sponsor, the potential Grand Prize winners may be disqualified if the background check indicates that he/she: (a) has been charged with or convicted of a felony; (b) charged with or convicted of a misdemeanor involving moral turpitude or other conduct that Sponsor in its discretion determines may reflect unfavorably on the Contest or Sponsor; or (c) has been personally involved in interaction deemed by the Sponsor as negative. In such event, the Grand Prize will be forfeited without compensation of any kind and an alternate potential Grand Prize winner will be determined, as outlined above. Prizes are nontransferable, non-negotiable, non-refundable and must be accepted as awarded. No cash or other substitutions may be made, except by Sponsor in the event that a prize cannot be awarded for any reason, in which case, Sponsor will award a prize of equal or greater value. The prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. All prize details are at Sponsor’s sole discretion. Prize awards are subject to verification of eligibility and compliance with these Official Rules. Winners are solely responsible for all applicable federal, state and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein. **Should Sponsor elect to do so, inclusion of winning Child’s Drawing on Juicy Juice® packaging is subject to the following conditions: as between Sponsor and Parent of winning Child, Sponsor shall have complete creative control as to same, including but not limited to the specific type of product packaging on which the winning Child’s Drawing appears; Such use of the winning Child’s Drawing will not be subject to review or approval by Parent or winning Child; Parent/winning Child will not receive any royalty or other compensation other than the $500 gift card element of Grand Prize in conjunction with such use of winning Child’s Drawing and Sponsor will determine the attribution (if any) of Drawing to winning Child.
6. GENERAL RULES: By participating in the Contest, Parents agree to be bound by these Official Rules and the decisions of the Sponsor. Judges’ decisions are final on all matters relating to the Contest. Parent of winning Child as a condition of Entry into the Contest and/or acceptance of prize on behalf of Child, agrees to release and hold harmless. Promotion Entities and each of their respective officers, directors, shareholders, members, employees, agents, assigns, and all others associated with the development and execution of the Contest (collectively the “Released Parties”) from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with submitting an Entry or otherwise participating in any aspect of the Contest, the receipt, ownership or use of prize awarded, or any typographical or other error in these Official Rules or the announcement or offering of any prize. Parents assume all liability for any injury or damage caused, or claimed to be caused by participation in the Contest or use or redemption of any prize. Acceptance of a prize constitutes permission by Parent to use his/her and his/her Child’s s name, likeness and/or the Child’s Entry for advertising/trade/promotional purposes (including any possible public relations opportunities and in Sponsor’s social media posts) without further compensation except where prohibited by law. Sponsor reserves the right in its sole discretion to disqualify any Entry if the corresponding Parent or Child tampers or attempts to tamper with the entry process or the operation of the Contest; violates the Official Rules; gains unauthorized access to accounts; acts in an unsportsmanlike or disruptive manner; or acts with intent to annoy, abuse, threaten or harass any other person. The Released Parties are not responsible for technical, hardware or software malfunctions, for errors that may occur in promotion/ad materials, telephone failures of any kind, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications, whether caused by the sender, by any of the equipment or programming associated with or utilized in the Contest which may limit the ability to participate, or by any human error which may occur in the processing of the Entries in the Contest. Entries generated by script or bot are not eligible. Sponsor reserves the right to cancel or terminate the Contest if it cannot be completed as planned for any reason, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, technical failures or corruption of any sort. In the event of cancellation, the prizes will be awarded in accordance with these Official Rules from among all eligible Entries received prior to cancellation Notice of such action will be posted on the Contest Website. Void where prohibited by law and subject to all federal, state and local laws. As a condition of entering the Contest and/or winning a prize, Parent agrees that: (1) under no circumstance will Parent (on behalf of him/herself or his/her Child) be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for out-of-pocket expenses (if any); (2) all causes of action arising out of or connected with the Contest, or prizes awarded, shall be resolved individually, without resort to any form of class action; and 3) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred (if any), but in no event will Parent be entitled to receive attorneys’ fees or other legal costs.
7. LICENSE/USE OF ENTRIES: By entering the Contest, each Parent understands that the Sponsor is not acquiring Parent’s/Child’s copyright in and to the Entry, but Sponsor is being granted a perpetual, worldwide, fully paid-up and royalty free right and license to use, edit and share the Entry, in whole or part, in any media, including all Sponsor affiliated digital and social media channels, now or hereafter known. Parent agrees, upon Sponsor’s request and without compensation to complete, sign and return any documents provided by Sponsor so as to record, perfect or confirm such grant of rights in Entry.
8. ARBITRATION: Any dispute, controversy or claim arising out of or relating to this Contest or the Official Rules, or whether the claims asserted are arbitrable, shall be referred to and finally determined by binding arbitration conducted by JAMS in accordance with its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”), and to the extent applicable, the United States Federal Arbitration Act. The venue for all arbitration commenced hereunder shall be located in the State of Connecticut. Judgment upon any award rendered may be entered in any court having jurisdiction thereof. The Parent hereby waives the right, if any, to obtain any award for exemplary, consequential or punitive damages or any other amount for the purpose of imposing a penalty from any other party in any arbitration or judicial proceeding or other adjudication arising out of or with respect to the Contest or these Official Rules, or any breach hereof, including any claim that such Contest or these Official Rules, or any part thereof, is invalid, illegal or otherwise voidable or void. No arbitration commenced pursuant to these Official Rules may be consolidated with the arbitration of any other dispute and the arbitrator(s) appointed hereunder shall not have the power to hear any arbitration as part of a class action notwithstanding, in either case, the existence of common issues of law and/or fact, or the possibility of conflicting rulings by more than one arbitrator. The Parent expressly waives the right, if any, to consolidated and/or class arbitration under this section and these Official Rules. Each party shall bear its own costs relating to such arbitration, except that the parties will equally share the arbitrator’s fees. The Parent shall not be entitled to recover attorney’s fees expended in the course of such arbitration or enforcement of any award rendered thereunder. The decision of the arbitrator(s) shall be final and binding on all parties. The parties agree that all arbitration proceedings relating to any matter referred to in this Section shall be exclusively governed by and determined in accordance with the laws of Connecticut (without reference to its law of conflict of laws), and the arbitrator shall not have the power to award punitive damages.
9. WINNERS LIST: For a list of the winners’ names (that is, the names of Parents), available between March 29, 2021 – April 28, 2021, visit www.juicyjuice.com/happyartist
11. SPONSOR: Harvest Hill Beverage Company, 1 High Ridge Park, Stamford, CT 06905.