Splenda® PHRASE CONTEST
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: Splenda Phrase Contest (“Contest”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least (21) years old at the time of entry. Employees of T.C. Heartland, LLC, and their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules. Heartland’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor/Administrator: T.C. Heartland LLC, 14300 Clay Terrace Boulevard, Carmel, IN 46032 (“Heartland”).
3. Timing: The Contest begins on February 5, 2019 at 9:00 a.m. Eastern Time (“ET”), ends on February 8, 2019 at 11:59 p.m. ET (the “Promotion Period”). Heartland’s computer is the official time-keeping device for the Contest.
4. How to Enter: During the Promotion Period, you must enter a comment on the Splenda Facebook post posted on February 5, 2019 that states the phrase you would like to see on Splenda packets (the “Submission”). Once the Submission is completed, you will automatically receive one (1) entry into the Contest. Limit: You may enter only one (1) time during the Promotion Period. Multiple entrants are not permitted. Any attempt by any entrant to obtain more than one (1) entry by using multiple/different identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the entrant. The “authorized account holder” is the natural person assigned associated with the Facebook account. Each potential winner may be required to show proof of being the authorized account holder.
5. Submission Guidelines: Submissions cannot: (a) be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain or reference nudity or any materially dangerous activity; (b) promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; (c) be obscene or offensive, endorse any form of hate or hate group; (d) contain or reference trademarks, logos (except Sponsor’s) or trade dress owned by others, or advertise or promote any brand or product (except Sponsor’s) of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses; (e) contain copyrighted materials owned by others without permission; and (f) contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission.
By entering the Submission Entrant warrants and represents that: (a) the Submission has not been previously published; (b) the Submission has not received previous awards; (c) the Submission does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (d) the other participants depicted in the Submission, if any, have given written consent to its entry into the Contest and use as contemplated by these Official Rules; and (e) publication of the Submission via various media including Web posting and posting in social media, will not infringe on the rights of any third party. Entrant will indemnify and hold harmless the Released Parties (as defined below) from any claims to the contrary. Any Submission that, in the sole discretion of Sponsor, is deemed to be inappropriate for publication or inclusion in the Contest for any reason will be disqualified from the Contest.
6. Rights to Submissions: In consideration of Entrant’s Submission being reviewed and evaluated for this Contest, each Entrant (and his/her parent/legal guardian if Entrant is a minor) hereby grants to the Heartland a non-exclusive, irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly perform, publish, edit, delete or display such Submission, or any portion thereof, in any media now known or hereafter devised including, but not limited to, all forms of television and all forms of internet and wireless protocol without limitation and without any further right of approval or compensation. Each Entrant authorizes the Heartland and any entities affiliated or in privity with the Heartland, to utilize, for eternity and in any manner they see fit, the Submission submitted to Heartland and to make derivative works from such material. Each Entrant agrees that the results and proceeds of such use shall become the property of Heartland and/or Heartland’s licensees, and shall be freely assignable by Heartland and that the Promotion Parties and their assignees and licensees shall have no obligations whatsoever to Entrant. Heartland is not obligated to use any of the above-mentioned information or materials, but may do so and may edit such information or materials, at Heartland’s sole discretion, without further obligation or compensation. Each Entrant hereby releases Heartland and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”), from any and all claims or liability (now known or hereafter arising), including, but not limited to, any claims for defense and/or indemnity, in connection with the Contest and the use or misuse of any prize. Each Entrant agrees and acknowledges that participation in the Contest, including, without limitation, the Entrant’s decision to provide the Entrant’s Submission to Heartland for purposes of the Contest, shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between the Released Parties and Entrant, 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, and that the only contracts, express or implied, between the Released Parties and Entrant are as set forth in these Official Rules. In addition, by participating in the Contest, each Entrant (and his/her parent/legal guardian if Entrant is a minor) hereby grants permission for the Promotion Parties to use Entrant’s name, likeness, voice, quotes, comments, biographical information, and/or image for the purpose of advertising, trade, or promotion without further notice, permission, compensation or consideration in any and all media now known or hereafter developed throughout the universe, unless prohibited by law.
7. Winner Selection: Heartland will select up fifteen (15) winners. Heartland’s decisions as to the administration and operation of the Contest and the selection of the potential winners are final and binding in all matters related to the Contest. Heartland will select each potential Promotional Period winner from all eligible entries received during the Promotional Period, on or around the dates listed above in Section 3. If a potential winner of any prize cannot be contacted or the prize is returned as undeliverable, the potential winner forfeits the prize. Receiving a prize is contingent upon compliance with these Official Rules. In the event that a potential winner is disqualified for any reason, Heartland will award the prize to an alternate winner by selecting from among all remaining eligible entries.
8. Prizes: Winning Submission may be featured on Splenda packets, at Sponsor’s discretion. No substitutions or transfers of prizes or cash redemptions permitted by winners. Each winner accepts and acknowledges that Heartland shall not be obligated to use the Submission and that Heartland in its sole discretion shall have the right to refrain from using the Submission. Prizes have no value, and winners will receive no compensation or right of approval for use or attribution (if applicable) of their Submissions on Splenda packets. Heartland reserves the right to modify any such Submission in any manner in accordance with all rights granted to Heartland in these Official Rules.
8. Publicity: Except where prohibited, participation in the Contest constitutes the winner’s consent to Heartland’s use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
9. General Conditions: Heartland reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Contest, as determined by Heartland in its sole discretion. In such event, Heartland, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. Heartland reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or disruptive manner. 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, Heartland 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.
10. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing 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 entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; (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. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Contest, if it is possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Heartland reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
11. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and 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 exclusively by the United States District Court for the Southern District of Indiana or the appropriate Indiana State Court located in Hamilton County, Indiana; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Heartland in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Indiana without giving effect to any choice of law or conflict of law rules (whether of the State of Indiana or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Indiana.
All third party trademarks used herein are the property of their respective owners.
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