OFFICIAL RULES
2010 SNAPPLE "REAL FACTS WRITER" CONTEST

Contest: 2010 Snapple "Real Facts Writer" Contest
Sponsor: Snapple Beverage Corp., 5301 Legacy Drive, Plano, TX 75024
Judges: LEVELTWO, 3100 Main Street, #466, Dallas, TX 75226
Administrator: LEVELTWO, 3100 Main Street, #466, Dallas, TX 75226
Minimum Age: 18
Eligible States: The 48 contiguous United States of America and the District of Columbia
   
DATES:  
Start Date: 8:00:01am Central Time ("CT") March 1, 2010
End Date: 8:00:01am CT April 28, 2010
Entry Receipt Deadline: 8:00:01am CT April 28, 2010
Judging Date: May 3, 2010
Voting Period: 8:00:01am CT May 3, 2010 through 8:00:01am CT May 17, 2010
Winner's List Request Deadline: July 31, 2010
One (1) Grand Prize: One (1) Year's Supply of Snapple (366 bottles) awarded as 61 free (up to $6.99) 6-pack coupons (ARV $426.39) and for the opportunity to write an original Real Fact that may appear under the cap of Snapple
   
ADDRESSES:  
Online Address: www.snapple.com
Winner's List Address: "Real Facts Writer" Winners List, 3100 Main Street, #466, Dallas, TX 75226

Contest starts on or about the Start Date and ends on the End Date. Entries must be received by the Entry Receipt Deadline above.

HOW TO ENTER:
Log on to the Website and follow the onscreen instructions. You will need to provide your actual name and residential address (as they appear on your driver’s license or government identification), phone number, birth date, an original Real Fact submission ("Submission") no longer than 106 characters including spaces. Entry forms must be completed in full. Upon clicking the submit button, accept the Terms & Conditions and you will be automatically entered in the Contest. Limit one Submission per person. One person may not upload the same Submission more than once. Submissions from the same person or email address in excess of the stated limit will be disqualified. Limit one email address per person. Any person who attempts to participate with multiple e-mail and/or street addresses, under multiple identities or uses any device or artifice to enter multiple times in violation of applicable entry limitations may be disqualified.

No Automated Entries.You must fill out your own entry form without the use of any automated sweepstakes entry filling services or form filling services. The use of any automated, programmed, robotic or similar system to enter is prohibited and will result in disqualification. Entries filled out by anyone other than you will be disqualified. Auto entries prohibited.

Submissions:
Administrator's clock is the official clock for the Contest. Administrator and its designated representatives reserve the right to remove any Submission that does not conform to these Official Rules or the Site Usage Agreement as determined by Administrator in its sole discretion. Administrator will not notify Entrant whether the Submission has been removed. Retain a copy of your Submission in its original format after uploading it to the Site. If you are a winner, you will need to provide Sponsor with your Submission in its original format. Failure to do so may result in disqualification, and the selection of an alternate winner. By entering the Contest, Entrants understand that all Submissions may be posted on the Site for viewing by the general public and possible voting by the general public if selected as a Semi-Finalist and otherwise used by Sponsor and its designees as otherwise set forth herein. Sponsor does not guarantee the posting of any Submission and reserves the right not to post a Submission for any or no reason.

Submissions must be:

  1. in English
  2. submitted during the Contest Period along with the online entry form
  3. no longer than 106 characters
  4. a verifiably true fact
  5. an original fact not currently or previously used by Sponsor
  6. able to demonstrate a chance discovery and momentary amusement
  7. written by the entrant
  8. an original work not copied or plagiarized from any other published document

Submissions must not:

  1. defame or invade publicity rights or privacy of any person, living or deceased
  2. use or infringe upon any personal or proprietary rights, including trademarks or copyrights
  3. be lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous
  4. contain inappropriate or unsuitable content
  5. depict or incorporate unsafe behavior or situations
  6. contain objectionable material

Sponsor reserves the right in its sole discretion to disqualify any Submission that it believes violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these Official Rules. The decisions of Sponsor on this and all matters pertaining to the Contest shall be final and binding. Entrants unconditionally assign and transfer to Sponsor all rights, title, interest and claim, which now or hereafter may exist, including, without limitation, any copyright therein. Sponsor shall have right to use, alter, adapt, assign, publish or dispose of such Submissions in any way in any media now known or hereinafter developed, without territory, time or other limitation, however it sees fit, including without limitation for advertising, publicity and promotion purposes, without compensation or approval of Entrants.

SEMI-FINALISTS SELECTION:A panel of judges will select ten (10) Submissions (the "Semi-Finalists") by the Judging Date. The Semi-Finalists will then be posted on the Site during the Voting Period for the public to vote on their favorite Semi-Finalist. If, in the sole discretion of the judges, fewer than ten Submissions are of sufficient merit as to qualify as Semi-Finalists, fewer than ten may be selected.

SELECTION OF WINNER: During the Voting Period, the public may vote for the Submission of their choice. Voters may vote once person, per day. The Semi-Finalist with the most votes will be named the Winner. The Winner will be notified by email, phone and/or mail within 10 days of the Voting Period. If after a reasonable number of attempts during a day (as determined by Sponsor or Administrator in its sole discretion) contact is not made with winner, prize will be forfeited and an alternate winner selected. Winner may be required to sign an affidavit of eligibility and release of publicity/liability ("Affidavit") within the time period specified by Sponsor or Administrator in the letter accompanying the Affidavit ("Prize Letter") or prize will be forfeited. If mail is returned as undeliverable without a forwarding address, then prize may be forfeited. An alternate winner for forfeited prizes may be selected at Sponsor’s sole discretion. Prize will be awarded upon receipt of Affidavit, and verification of prize winner. Any required Affidavits or other documents must be signed by parent/legal guardian of a minor in his/her state of residence.

LIMIT ON ENTRIES: Limit of One (1) entry per person.

LIMIT ON PRIZES: Limit of One (1) prize (valued at $600 or more) allowed per person/household per 12 consecutive month period in any promotion sponsored by Sponsor or any of its affiliated companies.

THE FOLLOWING TERMS AND CONDITIONS APPLY TO THE CONTEST AND ARE PART OF THE FULL OFFICIAL RULES.

NO PURCHASE NECESSARY. VOID IN PUERTO RICO AND OUTSIDE ELIGIBLE STATES. PURCHASE DOES NOT IMPROVE CHANCE OF WINNING. SWEEPSTAKES GOVERNED BY THE LAWS OF TEXAS. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY.

ELIGIBILITY: To enter you must be a legal resident of the one of the Eligible States and at least the Minimum Age,. You are also not eligible if you or any member of your immediate family or household (whether or not related) is (A) an employee, officer or director of (1) Sponsor, its bottlers or distributors, Account, Administrator, their respective parent, affiliated and subsidiary companies (collectively, the "Contest Parties"), (2) any of the Contest Parties' other promotional partners, advertising or promotions agencies, suppliers of Contest materials, internet promotion developers, judging or administration organizations, or auditing or legal firms and other parties engaged in the production, promotion, administration or execution of the Contest ("Contest Providers"), or (B) an owner/operator or person responsible for purchasing or promotion decisions at retailers that sell Sponsor products. “Immediate family” means parents, children, stepparents, stepchildren, siblings, stepsiblings and spouses, whether or not living at the same residence.

GENERAL CONDITIONS: By participating, you accept and agree to abide by the Official Rules and all decisions of Sponsor and its judging and administration organizations, which are final and legally binding in all respects. No substitution or transfer to a third party of all or any part of prize permitted. If, for any reason, a prize cannot be awarded or winner is not capable of redeeming a prize, Sponsor is not obligated to award it and Sponsor reserves the right, in its sole discretion, whether or not to substitute the prize (or portion of prize) with a prize of comparable or greater value or cash value. If, for any reason, more prizes are available or claimed than the stated number, Sponsor reserves the right to randomly draw winners from eligible prize claimants in such prize category. Winners are solely responsible for all federal, state and local taxes, if any, on prizes and any expenses not specifically awarded in the Official Rules. Non-compliance with these Official Rules may result in disqualification. You are not a winner unless and until (A) you have fully complied with the Official Rules and (B) all verification and award processes have been completed. Acceptance of prize constitutes permission for Sponsor and its designees to use winner’s name and/or likeness for purposes of advertising and promotion in any medium, without further compensation, except as prohibited by law.

RELEASE OF LIABILITY: BY ENTERING THE CONTEST, YOU HEREBY AGREE THAT IN NO EVENT WILL SPONSOR OR ANY OTHER RELEASEE BE RESPONSIBLE OR LIABLE FOR, AND YOU HEREBY RELEASE THEM FROM, ANY AND ALL CLAIMS, ACTIONS, DAMAGES, LOSSES, COSTS, EXPENSE OR LIABILITY OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, PERSONAL INJURIES AND/OR DEATH, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, AND COUNSEL FEES AND COURT COSTS) ARISING OR RESULTING FROM ANYTHING RELATING TO:

  • THE PRODUCTION, PROMOTION, ADMINISTRATION OR EXECUTION OF THE CONTEST (OR YOUR PARTICIPATION IN IT);
  • CANCELLATION, MODIFICATION OR RESCHEDULING OF ANY ASPECT OF THE CONTEST;
  • USE OF ANY WEB SITE(S) RELATED TO THE CONTEST OR MATERIALS ON THE WEB SITE;
  • ACCEPTANCE, POSSESSION, USE, MISUSE, OR NONUSE OF THE PRIZE; OR
  • PARTICIPATING IN OR TRAVELING TO ANY CONTEST-RELATED ACTIVITY.

"RELEASEES" MEANS SPONSOR, ALL CONTEST PARTIES, CONTEST PROVIDERS AND ALL OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, DIRECTORS AND AGENTS.

LIMITATIONS: Neither Sponsor nor any other Releasee is responsible for:

  • lost, late, damaged, incomplete, illegible, stolen, misdirected, or postage due mail, shipping or email;
  • any website, computer, telephone, satellite, cable, network, Internet or other equipment, electronics, software, service, transmission, connection, processing or other errors, failures, congestion, accessibility or availability issues;
  • unauthorized access, tampering, hacking, theft or destruction; or
  • other technical or human error in the receipt or processing of entries, game piece requests or other submissions (whether to or from) or otherwise related to the production, promotion, administration or execution of the Contest.

TAMPERING/VIOLATIONS/DISRUPTION: Sponsor may, in its sole determination, disqualify any person it believes may be tampering with the entry or other operation of the Contest or acting in violation of the Official Rules, in a non-sportsmanlike or disruptive manner or with intent to annoy, abuse, threaten or harass any other person.

CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW.

CANCELLATION/MODIFICATION: Sponsor may, in its sole discretion, cancel, terminate, modify or suspend the Contest or modify the Contest or Official Rules if the Contest is not capable of running as Sponsor planned for any reason (including, but not limited to, due to tampering, unauthorized intervention, computer virus, fraud, technical or human error or any other causes which Sponsor, in its sole opinion, deems could corrupt or affect the administration, security, fairness, integrity or intended conduct of this Contest or amendment and/or adoption of new or existing laws and/or regulations regarding the administration, operation or any other aspect of the Contest in any jurisdiction).

EMAIL ACCOUNT HOLDER: If the holder of an email account is disputed, entry will be deemed made by the natural person who is assigned to the e-mail address by the internet access provider, online service provider or other organization (e.g., business, school, etc.) that assigns e-mail addresses for the domain associated with the e-mail address.

NO PRIZE WARRANTY: WITHOUT LIMITING THE FOREGOING, ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR OF IMPLIED WARRANTIES. CHECK YOUR LOCAL LAWS. SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.

DISPUTES: CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF TEXAS. IF NOT RESOLVED THROUGH DIRECT DISCUSSIONS, ANY CLAIM SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION WITH AN EXPERIENCED ARBITRATOR LICENSED TO PRACTICE LAW IN TEXAS. FORUM AND VENUE FOR ANY ARBITRATION PROCEEDINGS WILL BE IN COLLIN COUNTY, TEXAS. THE REMEDY FOR ANY CLAIM SHALL BE SUBJECT TO ALL LIMITATIONS AND RELEASES SET FORTH IN THESE RULES, BE LIMITED TO ACTUAL OUT OF POCKET DAMAGES, AND SHALL NOT, IN ANY EVENT, INCLUDE ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES, ATTORNEY'S FEES OR COSTS OF BRINGING A CLAIM, OR ANY INJUNCTIVE OR OTHER EQUITABLE RELIEF.

CONTEST ADMINISTRATION: Administrator is responsible for the collection, submission and processing of entries and the overall administration and execution of the Contest. Entrants should look solely to Administrator at its above address with any questions, comments or problems related to the Contest.

WINNER'S LIST: For a Winner's List, mail a self-addressed stamped envelope to Winner’s List Address above. Mail must be received by the Winner's List Request Deadline. List will be sent once all prizes have been awarded.