Cuties

Official Rules

NO PURCHASE NECESSARY. YOU MUST BE 18 YEARS OF AGE OR OLDER AND A CURRENT LEGAL RESIDENT OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA (EXCLUDING RESIDENTS OF NEW YORK, RHODE ISLAND, FLORIDA, PUERTO RICO, U.S. VIRGIN ISLANDS AND GUAM). VOID WHERE PROHIBITED BY LAW.

A.Contest Description

The Cuties® “Ultimate Soccer Mom Search” (the “Contest”) is a nationwide contest search conducted by Paramount Citrus Association (“Sponsor”) to find the ultimate soccer mom. The “Ultimate Soccer Mom” is a mom, dad, grandparent, legal guardian or any other parental figure (“Contestants”) that may show the following attributes, including, but not limited to:

1. Super snack set-ups for the team;
2. “Over the top” attire supporting the team colors;
3. Demonstration of team spirit (i.e., use of team signs, verbal support, face paint, pom-poms, decorated car, etc.); and
4. Reported incidents of sportsmanlike conduct.

B. No Purchase Necessary:

No purchase is necessary to enter or win the Contest. Entry into this Contest constitutes your acceptance of these Official Contest Rules.

C. Eligibility Requirements:

1. Contestants must be a legal resident of the United States and the District of Columbia (excluding residents of New York, Rhode Island, Florida, Puerto Rico, U.S. Virgin Islands and Guam).
2. Contestants must be at least 18 years old.
3. Employees of Sponsor and its parents, affiliates, subsidiaries and advertising and promotion agencies, and such employees’ immediate family members (parent, spouse, sibling, child, and their respective spouses, regardless of where they reside) and those living in their same households, whether or not related, are not eligible to enter or win.
4. Participation constitutes Contestant’s full and unconditional agreement to these Official Contest Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest.
5. Winning a prize is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right to verify eligibility qualifications of the winners.
6. A Contestant’s participation in the Contest is further conditioned upon the Contestant’s availability for the Contest or participation in the Grand Prize and for any promotional appearances (if required by Sponsor). Contestants may be subject to additional conditions as determined in Sponsor’s sole discretion.
7. Contest is subject to all applicable federal, state and local laws.

D. The Prizes:

• One (1) Grand Prize:
  
  The Contest Winner (as defined below) will receive:
  
  $5,000 Cash Prize
  
  A four (4) hour soccer clinic for the team with Joy Fawcett at a time and place to be mutually determined by Sponsor, Joy Fawcett and the Grand Prize Winner. The format of the soccer clinic shall be determined by Joy Fawcett and Sponsor at their sole discretion.
  
  Approximate Retail Value: $1000
  
  
• One (1) Event Prize:
  
  The Nomination Winner (as defined below) will receive:  
  
  A $25 gift card to a local grocery store
  
  Approximate Retail Value: $25
  
  One (1) Cuties-branded bag filled with Cuties premium items (to be determined by Sponsor)
  
  Approximate Retail Value: $25
  
  
• Each Nominated Contestant (as defined below) will receive while supplies last:
  
  An “Ultimate Soccer Mom” contest button
  
  A magnetic window sticker for the car
  
  Each Spotted Contestant (as defined below) will receive while supplies last:
  
  An “Ultimate Soccer Mom” contest button

All Nominated Contestants and Spotted Contestant shall be automatically entered into the Ultimate Soccer Mom Contest for a chance to win the Grand Prize.

1. The Contest Winner and each Nomination Winner shall be personally responsible for the payment of all city, state and federal taxes that may be payable with respect to any prize, and Sponsor shall have the right to withhold appropriate amounts from a prize to make such payments as may be required pursuant to applicable tax and other laws. The $5,000 cash prize may in the form of a check or money order. The Contest Winner and each Nomination Winner agrees to indemnify and hold Sponsor harmless from any and all damages, loses, and penalties that Sponsor may incur in the event such person fails to pay all taxes that may be due with respect to a prize awarded. If the Contest Winner and each Nomination Winner elects not to accept a prize, or fails to complete the documents provided by Sponsor with respect to a prize, such winner shall forfeit the prize (even if already awarded).
   
   
2. The Grand Prize Winner will be required to sign certain waivers and releases required by Sponsor including, without limitation, an Affidavit of Eligibility and Liability/Publicity Release.
   
   
3. Prizes are non-transferable. Prizes are also subject to change at any time for any reason at any Sponsor’s sole discretion. Any details of any prize shall be determined by Sponsor in its sole discretion.
   
   
4. Prizes are awarded “as is” with no warranty or guarantee, either express or implied. Gift certificates and any other services are subject to terms and conditions specified by issuers. The Contest Winner and each Nomination Winner shall be personally responsible for all costs and expenses associated with acceptance and use of a prize not specified herein as being provided.
   
   
5. Contestants are not permitted to share any prizes with each other. Contestants may not make plans or agreements, whether in writing or orally, to do so. Any Contestant found improperly conspiring or colluding with another Contestant may be removed from the competition, disqualified from winning a prize (even if already awarded), and may be subject to prosecution (all subject to Sponsor’s sole discretion).
   
   
6. Award of any prize may, in Sponsor’s sole discretion, be contingent upon the satisfaction of the eligibility requirements, and other restrictions and conditions.

E. Nominations:

1. Nominations may be submitted at select soccer events (each, an “Event”) to be determined by Sponsor in its sole discretion. Contestants may be nominated by: (a) any person, other than the Contestants themselves, at a Sponsor tent at each Event, or (b) by a field staff during an Event. Each nomination must include:
   
   
   1. A completed and signed entry card, which shall include: name of Contestant, relationship of person to Contestant (friend, son, husband, mother, etc.), short description of why the Contestant deserves the “Ultimate Soccer Mom” title, and contact information (phone, address, e-mail) of the individual being nominated (“Entry Card”); an
   2. A photograph of Contestant which will be taken at a Sponsor tent at each Event, and which Contestant grants Sponsor permission to post such photograph on Sponsor’s website located at: www.cutiescitrus.com (“Photo”);
      
      
2. Nominated Contestants: At each Event, players, coaches, parents and spectators will be encouraged by the field staff to nominate a Contestant whom they feel best fits the definition of the “Ultimate Soccer Mom” (each, a “Nominated Contestant”). Nominations can be made at a Sponsor tent at each Event by submitting: (a) a signed Entry Card; and (b) a Photo. Each Nominated Contestant will be entered into a random drawing for a chance to win the Event Prize.
   
   
3. Spotted Contestants: At each Event, the field staff will spot up to five (5) Contestants who demonstrate the definition of an “Ultimate Soccer Mom” (each, a “Spotted Contestant”). To complete the nomination, each Spotted Contestant must go to a Sponsor tent at each Event and submit: (a) a signed Entry Card; and (b) a Photo. Spotted Contestant will be entered into a random drawing for a chance to win the Event Prize.
   
   All Nominated Contestants and Spotted Contestants must be present at the time of nomination and drawing to be eligible for the Event Prize.
   
   
4. Nomination Winner Determination: Sponsor will conduct four (4) random drawings at two (2) hour intervals during each Event. All eligible Nominated Contestants and Spotted Contestants will be included in one (1) pool for the applicable drawing for the Event Prize.
   
   Contest Winner Determination: All eligible Nominated Contestants and Spotted Contestants will be automatically entered for a chance to win the Grand Prize. A panel of judges shall review each eligible Entry Card and select a Grand Prize winner based on attributes such as (but not limited to) enthusiasm, creativity, team spirit and attire. Sponsor shall select the Grand Prize Winner on or about April 1, 2010 (“Contest Winner”). The potential Contest winner will be contacted by Sponsor within three (3) days of the Grand Prize drawing by phone, mail and/or e-mail. If Sponsor is unable to contact a potential Contest Winner within a reasonable period of time or a potential Contest Winner is not in compliance with these Official Contest Rules, the Grand Prize will be forfeited and, at Sponsor’s discretion and time permitting, an alternate Contest Winner will be selected.
   
   Nominations are limited to one (1) nomination per person per Entry Card, and must be submitted by a third party. Contestants may not submit nominations on their own behalf. All Nominations not submitted in accordance to these Official Contest Rules will be void. Notwithstanding the foregoing, Sponsor reserves the right to modify the limits on nominations set forth herein, including, without limitation, the number of random drawings for each nomination period, the duration of the nomination period for each nomination method, the nomination methods themselves and the judging criteria. Sponsor may, in its sole discretion, discontinue one, some, or all of the nomination methods set forth herein and may replace such methods with alternative nomination procedures or may determine that Contestants will be eliminated and/or the winner selected by different means than those set forth herein (e.g., by random drawings rather than a panel of judges). Sponsor reserves the right to provide further details concerning the nomination process at a later date and to amend the rules for and system of nomination at any time and for any reason.
   
   
5. Payment or other consideration in exchange for nominations is prohibited and all such nominations may be void. The engagement of any third party to solicit nominations is prohibited and all such nominations may be void. Sponsor reserves the right, in its sole discretion, to invalidate or otherwise disqualify any nominations which Sponsor determines to be invalid. Without limiting the foregoing or any other provisions of these Official Contest Rules, Sponsor reserves the right in its sole discretion to invalidate any and all nominations of Contestants who Sponsor believes in its sole discretion have attempted to tamper with or impair the nomination process, and the right to cancel, terminate or suspend the nomination process should non-authorized human intervention or other causes corrupt or impair (or in the Sponsor’s sole opinion may threaten to corrupt or impair) the administration, security, fairness or proper administration of the nomination process. The Sponsor’s decision with respect to the reviewing of nominations, and the invalidation or disqualification of any suspected nominations, shall be final.

F. Technical and Other Difficulties:

All decisions regarding technical difficulties, human error or mechanical failures in connection with the Contest (including any such difficulties or failures with any of the nomination methods) will be determined by the Sponsor in its sole discretion and shall be final and binding on all Contestants and shall be non-appealable. If a technical difficulty, mechanical failure, human error or other possible irregularity affecting the nomination process occurs, the Sponsor will review the situation on a case-by-case basis and take appropriate action to preserve the fairness of the competition and the integrity of the Contest. If the Sponsor, in its sole discretion, determines that technical difficulty, mechanical failure or human error has corrupted any nomination, the Sponsor may take any remedial or reparative step and/or any other measure the Sponsor, in its sole discretion, deem necessary and/or appropriate, or may, in its sole discretion, take no action.

G. General Conditions:

1. Winning constitutes permission (except where prohibited by law) for Sponsor and its designees to use winner’s name, Entry Card, hometown, likeness, prize won, and photo and video (all at Sponsor’s discretion) for future advertising, publicity in any and all media now or hereafter devised throughout the world in perpetuity, without additional compensation, notification or permission. Contest parties and their respective officers, directors, agents, representatives and employees (collectively, "Released Parties") are not responsible for lost, late, misdirected, damaged, stolen, altered, garbled, incorrect, incomplete or delayed nominations; all of which will be void.
   
   
2. Released Parties are not responsible for any other errors or malfunctions of any kind, whether network, printing, typographical, human or otherwise relating to or in connection with the Contest, including, without limitation, errors or malfunctions which may occur in connection with the administration of the Contest, the processing or judging of entries, the submitting or tabulating of nominations, the announcement of the prizes or in any Contest-related materials.
   
   
3. All decisions regarding the Contest, including but not limited to rules, implementation and interpretation of rules, changes to rules, eligibility, Contestant selection and screening, medical and/or other test results, Contest administration, competitive events, nomination methods and drawing results, disqualification of Contestants, and the awarding of prizes, are at the Sponsor’s sole and exclusive discretion and shall be final, binding and not subject to challenge or appeal.
   
   
4. The Sponsor may at any time and in its sole discretion reinstate into the competition a Contestant who had previously been eliminated pursuant to these Official Contest Rules or otherwise. The determination of which Contestant, if any, will be reinstated may be made by the Sponsor or by such other means as the Sponsor may determine in its sole discretion.
   
   
5. Sponsor reserves the right to at any time replace a Contestant with an alternate, in Sponsor’s sole discretion, and the Sponsor’s decision to do so shall be final, binding and not subject to appeal.
   
   
6. In the event that all or any part of the Contest is cancelled, delayed, preempted or postponed for any reason (whether nationally, regionally or locally), Sponsor reserves the right to take any action, or no action, within its sole discretion, that they deem best in keeping with the fairness and integrity of the competition, consistent with the production and creative needs of the Contest. Such action may include, but shall not be limited to, postponing the Contest, determining that there shall not be an elimination round, eliminating Contestants, selecting the winner by different means than those set forth herein (e.g., by random drawing rather than by a panel of judges), canceling the Contest, or not awarding any prize.
   
   
7. The Contest is void where prohibited. By entering the Contest, each Contestant accepts and agrees to be bound by these Official Contest Rules and by the decisions of Sponsor, which decisions shall be final and binding on all matters relating to the Contest and all aspects of the competition. THESE OFFICIAL CONTEST RULES AND ANY OTHER RULES OF THE COMPETITION THAT MAY BE PROMULGATED BY THE SPONSOR ARE SUBJECT TO CHANGE AT ANY TIME FOR ANY REASON (INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, DUE TO CREATIVE DETERMINATIONS, AND/OR TIME CONSTRAINTS), WITH OR WITHOUT NOTICE, IN THE SPONSOR’S SOLE DISCRETION, AND SUCH CHANGES SHALL NOT BE SUBJECT TO CHALLENGE OR APPEAL.
   
   
8. Any failure or refusal to sign any changes to or subsequent versions of these Official Contest Rules shall not in any way affect the validity of any such changes or subsequent versions, or their applicability to all Contestants.
   
   
9. Failure by a Contestant to comply with these Official Contest Rules or any other rules of the Contest or any instructions of Sponsor may result in disqualification from the competition in Sponsor’s sole discretion (without limitation to any other remedies Sponsor may have). Without limiting the Sponsor’s unfettered right to disqualify a Contestant for any reason at any time, the Sponsor reserves the right to disqualify any Contestant at any time if in its sole discretion the Contestant violated the Official Contest Rules; withheld or failed to disclose any information to Sponsor or provided any false or misleading information to Sponsor; acted in an intimidating or harassing manner; violated any agreement with Sponsor; disrupted, interfered with or impeded the implementation of the Contest; violated any local, city, state, or federal law; failed to follow the instructions of Sponsor or participate in required events for the Contest; attempted to cheat, rig or otherwise falsely or illegally influence or alter the outcome of the competition; and/or if the Contestant’s continued participation in the Contest could be disruptive and/or pose a danger or threat to themselves or others or any property.
   
   
10. Nothing contained in these Official Contest Rules shall in any way be construed to limit any provision of any agreement regarding the Contest, and by participating in the competition, each Contestant reaffirms and accepts all of the terms and conditions of these Official Contest Rules.

H. Releases:

By entering the Contest, Contestants agree to release and hold harmless Released Parties from all claims, liability or damage caused or claimed to be caused, in whole or in part, directly or indirectly, in connection with participation in this Contest, or acceptance or use of the prize, the substitution of a prize in accordance with these Official Contest Rules, the administration of the Contest, the operation of the Contest or Released Parties’ use of any of the rights granted herein. Released Parties assume no responsibility for the conduct of any Contestant or the responses of anyone present or participating in the Contest.

I. Arbitration and Choice of Law:

Except where prohibited by law, as a condition of participating in this Contest, Contestant agrees that (1) any and all disputes 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 final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the Contestant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will Contestant be permitted to obtain awards for, and Contestant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than Contestant's actual out-of-pocket expenses (i.e., costs associated with entering this Contest), and Contestant further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Contest Rules, or the rights and obligations of contestants and Sponsor in connection with this Contest, shall be governed by, and construed in accordance with, the substantive laws of the State of California, USA without regard to California choice of law rules.