Conagra – Reddi-Wip Barista Series Contest Sweepstakes
NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA, 21 OR OVER AS OF DATE OF SUBMISSION.
Contest Period: The Reddi-wip Barista Series Contest (the “Contest”) begins on March 9, 2020 at 11:00 a.m. Eastern Time (“ET”) and ends on March 22, 2020 at 11:59 p.m. ET (the “Contest Period”).
Eligibility: Open to legal residents of the fifty (50) United States and the District of Columbia, who are at least 21 years of age or older as of date of submission. Employees of Conagra Brands, Inc. (“Sponsor” or “Conagra”), Don Jagoda Associates, Inc., and each of their respective affiliates, parents, subsidiaries, divisions, suppliers, distributors and advertising, promotional and judging agencies (collectively “Sponsor and its Administrators”), and each of their respective employees, shareholders, directors, officers, members and agents and their immediate family members spouses, parents, children, and siblings and their spouses) and/or those living in the same household of each are not eligible to participate or win. Void where prohibited by law. Contest is subject to all applicable federal, state and local laws.
How To Enter: During the Contest Period, visit contest.reddiwip.com (the “Site”) and follow the on screen instructions to complete the registration form, including uploading or including a link to a video (60 seconds or less) telling us why you want to become the “Reddi-Wip Everyday Barrista” (as described in the prize description in Rule 6, below) (the “Submission”). The person submitting the Submission will be deemed the “Entrant”. There is a limit of one (1) Submission per Entrant for the entire Contest Period. Submissions must be in English. By entering your Submission for consideration in this Contest, you understand that your Submission in its entirety or portion thereof may (in Sponsor’s sole discretion) be posted on websites, Social Media sites and/or other Sponsor-selected media. Once a Submission is provided to Sponsor and made available as set forth herein for viewing by the general public, any posting of the Submission on websites, Social media sites and/or other Sponsor related media will be deemed made at the direction of the entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act. All Submissions must be completed and submitted by the end of the Contest Period to be eligible for this Contest. Normal phone/Internet access and data/usage charges imposed by Entrants’ online/phone service will apply.IMPORTANT NOTE: Any Entrant who incorporates any intellectual property or material owned by a third party into his or her Submission does so at his or her own risk. If Sponsor is duly notified that any element of an Entrant’s Submission infringes upon the rights of another person and/or receives a legally valid request to remove the affected Submission because of such infringement, such Submission may be removed. Any communication or information transmitted to Sponsor and/or the Site by electronic mail or otherwise is and will be treated as non-confidential and nonproprietary.
Submission Requirements: In order to be entered into the Contest, Entrants must comply with registration instructions when submitting their Submission. The Submission may not contain obscene, profane, lewd, defamatory or inappropriate images or text including no nudity, acts of violence or acts that appear to cause harm or are illegal/dangerous, as determined at Sponsor’s sole discretion. Any Submission or portion thereof that is, in the Sponsor’s sole discretion, obscene, profane, lewd, defamatory, highlights Sponsor or any of its brands in a negative way, contains any third party materials, or otherwise violates or infringes (or may infringe) any copyright, trademark, logo, mark that identifies a brand or other proprietary right 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 and may disqualify the Entrant. Entrants may not copy or otherwise plagiarize the Submission from any source. Entrant must be the only person depicted in the video. Video must not exceed 60 seconds in length, and, if uploaded to the Site, must not exceed 50 MB and be in one of the following formats: ‘mpeg’, ‘mp4’, ‘avi’, ‘mov’ and ‘flv’. The Submission must be the sole, original work of the Entrant. By submitting a Submission, you hereby grant the Sponsor, its affiliates, subsidiaries, assigns, licensees, designees and legal representatives the irrevocable, perpetual, worldwide digital and other rights to use, reproduce, edit, market, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote the Submissions or excerpts of Submissions, including videos (as such may be edited and modified by the Sponsor at its discretion) for editorial, commercial, promotional and all other purposes (including posting on Sponsor-affiliated websites, Social Media sites and/or other Sponsor-selected media). In addition, you hereby assign to the Sponsor all rights, titles, and interests that you may be deemed to have in any reproduction, product, or derivative work using or incorporating the Submission. You further agree to waive any moral rights in and to the Submission. Automated, script, macro or robotic Submissions submitted by individuals or organizations will be disqualified. Any Submission not in compliance with the above and does not meet the Site’s requirements will be disqualified.
Judging: All Submissions will be judged by Sponsor-selected judges (“Judges”) on or about March 24, 2020 based on the following judging criteria (“Judging Criteria”): 40% Originality/Creativity; 40% Enthusiasm and Marketability; and 20% Brand Appropriateness, to determine one (1) Grand Prize winner, subject to compliance with these Official Rules. In the event of a tie score, the tied Entries will be re-judged and ranked based solely on Originality/Creativity. Judges’ decisions are final with respect to all matters relating to the Contest and not subject to appeal. By participating, Entrants agree to the Official Rules and the decisions of Sponsor and the Judges, which shall be final and binding in all respects.
Grand Prize and Approximate Retail Value (“ARV”): Grand Prize (1): A three (3) day / two (2) night trip for the winner and one (1) guest to New York, NY (the “Trip”) plus $15,000 (awarded to the Winner in the form of a check) and a $250 Amex gift card awarded to the Winner only to use for incidental expenses. Trip must be completed by March 31, 2021. During the Trip, Sponsor will take the WINNER ONLY (guest will not accompany Winner on this portion of the trip) to visit a few different spots across the city (for up to 8 hours), where Winner will get to play the role of a friendly barista swooshing Reddi-wip Sweet Foam Coffee Topper and Nitro Coffee Creamer into groggy peoples’ cups (the “Reddi-wip Everyday Barista Event”). Grand Prize Trip includes round trip economy class air transportation from the airport nearest the Grand Prize winner’s home to New York, NY and two (2) nights’ hotel accommodations (based on double occupancy). The ARV of the entire Grand Prize is: $18,400. Gift Card is subject to the terms printed thereon and imposed by issuer. There is no retail value associated with the Reddi-Wip Everyday Barista Event portion of Grand Prize. Exact duration and details surrounding Reddi-Wip Everyday Barista Event are at the sole discretion of the Sponsor; however, food/beverage may be provided to Winner (not guest) during the Reddi-Wip Everyday Barista Event in Sponsor’s sole discretion. Grand Prize winner may be required to participate in specified media interviews and/or photo/video opportunities as part of the Reddi-Wip Everyday Barista Event, to be used for public display, in Sponsor’s sole discretion (the “Grand Prize footage”). Sponsor may use that Grand Prize footage or excerpts of that Grand Prize footage in any way it sees fit.WINNER AND GUEST UNDERSTAND THAT THERE ARE INHERENT RISKS AND DANGERS ASSOCIATED WITH TRAVEL, INCLUDING DEATH AND/OR PERSONAL INJURY, AND EACH UNDERTAKES THOSE RISKS AND DANGERS, INCLUDING THOSE ASSOCIATED WITH TRANSPORTATION, ILLNESS OR CRIMINAL ACTIONS OF OTHERS.IF FOR ANY REASON SPONSOR DETERMINES IN ITS SOLE DISCRETION THAT THE TRIP AND/OR THE REDDI-WIP EVERYDAY BARISTA EVENT WOULD BE ILL-ADVISED OR WOULD NOT BE SUCCESSFUL, SPONSOR MAY POSTPONE OR CANCEL THE TRIP AND/OR REDDI-WIP EVERYDAY BARISTA EVENT IN WHOLE OR IN PART, IN SPONSOR’S SOLE DISCRETION. IN THE EVENT THAT SPONSOR POSTPONES THE TRIP AND/OR REDDI-WIP EVERYDAY BARISTA EVENT IN WHOLE OR IN PART, THE WINNER MUST BE ABLE TO RESCHEDULE THE TRIP AND/OR REDDI-WIP EVERYDAY BARISTA EVENT BASED ON THE NEWLY SCHEDULED DATES PROVIDED BY SPONSOR, OR THE GRAND PRIZE WILL BE FORFEITED IN ITS ENTIRETY. IN THE EVENT THAT SPONSOR CANCELS THE TRIP AND REDDI-WIP EVERYDAY BARISTA EVENT AND DOES NOT RESCHEDULE IT, THEN THE TRIP AND REDDI-WIP EVERYDAY BARISTA EVENT PORTION OF THE PRIZE PACKAGE WILL BE FORFEITED AND NOTHING WILL BE AWARDED IN LIEU THEROF, BUT THE REMAINING PORTIONS OF THE GRAND PRIZE PACKAGE (I.E., THE $15,000 AND $250 AMEX CARD) WILL STILL BE AWARDED. BY ENTERING INTO THE CONTEST, ENTRANTS UNDERSTAND AND AGREE TO THESE TERMS AND AGREE TO THE DECISIONS OF THE JUDGES WITH RESPECT THERETO AND WILL NOT OBJECT TO, PUBLICLY COMLAIN ABOUT, OR APPEAL SUCH DECISIONS.PRIZE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. GRAND PRIZE WINNER IS RESPONSIBLE FOR REPORTING AND PAYING ANY INCOME TAXES OR OTHER TAXES THAT MAY APPLY TO ACCEPTINGTHE PRIZE; SPONSOR IS NOT RESPONSIBLE FOR AND WILL NOT PAY ANY SUCH TAXES.
Grand Prize Rules: The Grand Prize winner must accept and participate in the entire Grand Prize, including the Trip and Reddi-Wip Everyday Barista Event. The monetary and gift card portions of the Grand Prize package will not be awarded until the Winner arrives in New York City. The Grand Prize winner’s travel companion must be twenty one (21) years of age or older. Airline carrier’s regulations and conditions apply. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. Grand Prize winner and travel companion must possess valid travel documents (i.e., valid government issued photo ID) in order to travel. Seat selection and timing of trip subject to availability and confirmation of reservations. Certain restrictions apply. Grand Prize trip must be taken on dates specified by Sponsor or Grand Prize will be forfeited, unless trip dates are postponed by Sponsor as noted herein. Travel must be round trip. In the event the winner lives within a 150-mile radius of New York, NY, round-trip ground transportation will be provided in lieu of air transportation and no additional compensation will be provided for air transportation portion of Grand Prize. Sponsor will not replace any lost, mutilated, or stolen travel vouchers or certificates. No refunds or credit for changes are allowed. All other expenses and costs, not expressly listed above, including, but not limited to, taxes, tips, meals, ground transportation, incidentals, passenger tariffs or duties, airline fees, surcharges, airport fees, service charges, personal charges at lodging, security fees, entertainment and transfers, are Grand Prize winner’s sole responsibility. Sponsor reserves the right to conduct a background check on the Grand Prize winner and reserves the right in its sole discretion to disqualify the Grand Prize winner based on the results of such background check, if Sponsor determines in its sole discretion that awarding the prize to such Entrant might reflect negatively on Sponsor. No substitution or transfer of prize permitted except at the sole discretion of the Sponsor who reserves the right to substitute prize (or portion of prize) of equal or greater value in the event the prize is unavailable or cancelled for reasons out of Sponsor’s control. Grand Prize winner will be responsible for any other costs or expenses associated with the Grand Prize not detailed as being part of the prize package, including payment of applicable taxes. Grand Prize winner may be required to provide a valid credit card upon check in at hotel to cover costs for any incidentals or damages. Travel companion must execute liability/publicity releases prior to issuance of travel documents.
General Rules: The Grand Prize winner will be notified on or about March 26, 2020 and will be required to sign and return an Affidavit of Eligibility and Liability Release, tax documents, and except where prohibited, publicity release and assignment of rights in the Submission (“Affidavit”) within forty-eight (48) hours of notification in order to be confirmed the Grand Prize winner. If potential Grand Prize winner fails to return the completed Affidavit (as applicable) within forty-eight (48) hours or if Affidavit is returned as undeliverable, Entrant shall be deemed to be ineligible and disqualified, the Grand Prize will be forfeited and an alternate potential Grand Prize winner will be determined, time permitting. Affidavit will be sent to the potential Grand Prize winner via email at email address provided in original entry. Return of prize notification as undeliverable may result in disqualification and alternate winner determination, time permitting. Grand Prize winner and all Entrants, as a condition of entry into the Contest, agree to release Sponsor and its Administrators, each of their respective agencies, parents, subsidiaries, affiliated companies and each of their respective officers, directors, shareholders, members, employees, agents, assigns, and all others associated with the development and execution of this 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 creation of or submitting a Submission 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 the prize. Acceptance of prize constitutes permission to use Grand Prize winner’s name, likeness and Submission, and Grand Prize footage (as applicable), for advertising, promotional and trade purposes (including any possible public relations opportunities) without further compensation except where prohibited by law. By participating in the Contest, Entrants/Grand Prize winner agree to be bound by the Official Rules and the decisions of the Judges, which are final and binding. The Sponsor and its agencies are not responsible for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in the Contest or by any human error which may occur in the processing of the Submissions in the Contest or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with the Contest. The Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Contest; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any 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 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. In the event of a dispute as to the identify of an online Entrant, the dispute will be resolved in the favor of the person identified as the entrant in the online entry form, unless it can be proven that said person is not the author of the Submission, in which case the entry will be disqualified. If, for any reason, the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, then the Sponsor reserves the right at its sole discretion to cancel the Contest and determine the Grand Prize winner from among all eligible Submissions received prior to cancellation, based on the judging criteria listed above. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. You hereby represent and warrant that you have read these Official Rules and are fully familiar with its contents. Submissions generated by script or bot are not eligible. As a condition of entering the Contest, Entrant/Grand Prize winner agree that: 1) under no circumstance will Entrant/winner be permitted to obtain awards for, and participant hereby waives all rights to claim punitive, incidental, consequential or any other damages, other than for out-of-pocket expenses; 2) all causes of action arising out of or connected with this Contest, or any prize 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, but in no event attorneys’ fees.
Conditions: Grand Prize winner (“Winner”) acknowledges and agrees that Sponsor has the right to edit, adapt, modify, reproduce, promote and otherwise use Submissions/Grand Prize footage in any way it sees fit in connection with advertising or promoting Conagra brands and products in any medium, throughout the world, in perpetuity. Entrant/winner shall have no right to review or approve edits, alterations or modifications, and the Entrant/Grand Prize winner waive the benefit of any provision of law known as “moral rights.” No information regarding Submissions or judging will be disclosed to any third party not involved in the conduct of the Contest. By submitting a Submission, you represent: (a) that the Submission is your own original work that has not previously been published or publicly shown or won a prize or award; and (b) any and all rights to the Submission belong to you and the Submission does not infringe, misappropriate or violate the rights of any third party. Further, any Submissions that Sponsor, in its sole discretion, deems to be inappropriate for publication will not be considered.
Representations and Warranties/Indemnification: Each person who enters this Contest represents and warrants as follows: (i) the Submission does not contain any computer virus (as applicable) and is otherwise uncorrupted,(ii) the Submission is not the subject of any actual or threatened litigation or claim; (iii) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any third party; and (iv) the Submission does not and will not violate any applicable laws. Each Entrant hereby agrees to indemnify and hold the Released Parties harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations, covenants, obligations or agreements of Entrant hereunder.
Nature of Relationship/Waiver of Equitable Relief: Each Entrant hereby acknowledges and agrees that the relationship between the Entrant and the Released Parties is not a confidential, fiduciary, employment, or other special relationship, and that the Entrant’s decision to provide the Submission does not place the Released Parties in a position that is any different from the position held by members of the general public with regard to elements of the Entrant’s Submission. Each Entrant understands and acknowledges that the Released Parties have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each Entrant also acknowledges that many ideas or designs may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of any Released Party’s use of any such similar or identical material. Each Entrant acknowledges and agrees that the Released Parties do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of a Released Party’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest or otherwise, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief, and Entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
No Obligation to Use: Sponsor shall have no obligation (express or implied) to use any Submission or to otherwise exploit any Submission, or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the Submission for any reason, with or without legal justification or excuse, and Participants shall not be entitled to any damages or other relief by reason thereof.
Further Documentation: If Sponsor shall desire to secure additional assignments, certificates of engagement for the Submission or other documents as Sponsor may reasonably require in order to evidence or effectuate the rights granted in these Official Rules, then each Entrant agrees to sign, authenticate and deliver the same upon Sponsor’s request therefor.
Governing Law/Jurisdiction: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE TERMS AND CONDITIONS OR THE RIGHTS AND OBLIGATIONS OF PARTICIPANTS OR SPONSOR IN CONNECTION WITH THE ACTIVATION SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES OF AMERICA AND THE INTERNAL LAWS OF THE UNITED STATES, STATE OF ILLINOIS WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
Arbitration Provision: By participating in this Contest, each Entrant agrees: (i) that any and all disputes the Entrant may have with, or claims Entrant may have against, the Released Parties relating to, arising out of or connected in any way with (a) the Contest, and/or (b) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in Illinois; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Terms and Conditions and any of the other agreements referenced herein that the applicable Participant may have entered into in connection with the Activation; (v) the arbitrator shall apply Illinois law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only Entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the Entrant or Sponsor; (viii) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD, and Entrant is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on Entrant’s behalf, subject to ultimate allocation by the arbitrator; (ix) if the Entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of Entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (x) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither Participant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at jamsadr.com.
Winner: For the name of the Grand Prize winner, available after March 30, 2020, send a stamped, self-addressed envelope by April 14, 2020, to: Reddi-wip Barista Series Contest Winner, 100 Marcus Drive (Dept. NR), Melville, NY 11747.
Sponsor/Administrator: The Sponsor of the Contest is Conagra Brands, Inc., 222 Merchandise Mart Plaza, Suite 1300, Chicago, IL 60654. The Administrator of the Contest is Don Jagoda Associates, Inc., 100 Marcus Drive, Melville, NY 11747.