Nestle Wonka Arte “Day of the Dead” Contest Rules
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NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. NESTLE WONKA ARTE “DAY OF THE DEAD” CONTEST (“CONTEST”) IS OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA, BETWEEN THE AGES OF 13 AND 18, AND SHALL BE CONSTRUCTED AND EVALUATED ACCORDING TO U.S. LAW. DO NOT ENTER THIS CONTEST IF YOU ARE NOT LOCATED IN THE 50 UNITED STATES OR DISTRICT OF COLUMBIA.

Sponsored By Nestle, USA. Inc. (hereinafter “Sponsor”). No purchase necessary.

How to enter: There are two ways to enter:
1) Online: Log on to holamun2.com/wonka between 12:01 a.m. ET 08/22/08 and 11:59 p.m. ET 09/30/08 (“Contest Period”) to register on holamun2.com (“Website”). Enter your name, mailing address, phone number, email address, date of birth, and parental contact information in the form on the Website entry page (hereinafter “Entry Information”). Once registered (registration is free), submit your photograph or video of your creative expression/art form that answers the question “What does Dia de los Muertos mean to you?” and that incorporates the Wonka brand, logo, candy, wrappers, or brand characters (i.e., Oompas, Willy Wonka, etc.) within the Photograph or Video (hereinafter, collectively, “Submission”). Entry Information and Submission constitute entry to the Contest (hereinafter “Entry”).

2) WONKA Arte Day of the Dead Workshops: Attendees of the WONKA Arte Day of the Dead workshops (“Workshop”) to be held at two locations are invited to enter: 1) on 9/13/08 (12:00 PM – 4:00 PM), 9/17/08 (10:00 AM – 12:00 PM), and 9/25/08 (10:00 AM – 12:00 PM) at Plaza de la Raza, 3540 N. Mission, Los Angeles, CA 90031; and 2) on 9/8/08 (4:30 PM – 8:00 PM) and 9/20/08 (12:00 PM – 4:00 PM) at MECA, 1900 Kane Street, Houston, TX 77007. Dates and times are subject to change; contact 713-802-9370 ext. 19 for an updated list of workshops at MECA and contact 323-223-2475 for an updated list of workshops at Plaza de la Raza. Each entrant at the workshop must create a Submission for the Contest during the hours of the Workshop. After entrant has completed their creative expression/art form, a photo(s) or video will be taken of entry by a representative at the Workshop. The entrant will be required to register on the Website and submit their Entry using the provided computer kiosks at the Workshop. Entrants will be required to provide their parent or legal guardian’s name and email address for contact purposes in the event entrant is chosen as a Finalist.

Limit one (1) entry per person during the Contest Period, regardless of method of entry. Video Submission is limited to one (1) video entry. Photo Submission is limited to three (3) photographs of entrant’s creative expression/art form – photos must be of the same entry. Only entrant, and no other living person, may be featured in Submission. Contest ends and entries must be received by 11:59 p.m. ET 09/30/08.

Submission must meet all of the following requirements or it may be disqualified, at Sponsor’s sole discretion:
Nestlé reserves the right to prescreen, monitor, and remove postings, all at its sole discretion.

• If entering a video, one (1) video will be accepted and video Submission must not exceed sixty (60) seconds in length.
• If entering a photo(s), up to three (3) photos will be accepted (of the same art form entry) and photo Submission must not exceed a total file size larger than 30 MB.
• Submission must be in one of the following formats: .mov, .avi, .wmv, or .mpg, .jpg or .png and must not exceed a file size larger than 30 MB.
• Submissions must incorporate either WONKA® candy, WONKA® wrappers, or incorporate the name(s) and/or logo(s) and/or color of any or all of the WONKA® brands (NERDS®, RUNTS®, LIK M AID® FUN DIP, GOBSTOPPERS®, LAFFY TAFFY®, WONKA® SweeTARTS® SHOCKERS, NERDS® ROPE or PIXY STIX®). A creative toolbox of all such Wonka artwork will be available to all entrants on the Website, for downloading.
• Submissions must reflect the Dia de los Muertos tradition of honoring a deceased being. Acceptable subjects include: loved ones and pets.
• Submission must be original, sole property of submitter and unpublished (i.e., not previously submitted to any other contest or on any other website such as YouTube).
• Submissions created at the Workshop may only be created with the materials provided at a workshop.
• Stock photos/video footage may not be incorporated into the Submission.
• Submissions may contain original music only, and may not include stock music or music owned by any third party.
• Other than entrant, no other living person may appear or be featured in the Submission. Submission may include likeness of a deceased person.
• Submission must not include unsuitable content, including but not limited to materials that are lewd or profane; gratuitous violence; disparagement of any product or person; dangerous stunts; real weapons of any kind; drug use; material that is hateful or defamatory; material that promotes bigotry, racism, or harm against a group or individual or promotes discrimination; or material that is unlawful or in violation of or contrary to the laws or regulations in any state, or otherwise objectionable. Submissions including such content will be disqualified, as determined solely by Sponsor.
• Submission must not violate third party rights, including, but not limited to: copyrights, trademark, and right of publicity or privacy (as determined by Sponsor). Submission must not incorporate/display or refer to 3rd party trademarks, company names, products or logos except for Wonka® and its brands, and must not use imitations of people (famous or not) or characters from movie/shows, etc (as determined by Sponsor).

By entering the Contest, entrant grants Sponsor and Mun2 the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the Submission and to incorporate them in other works in any and all markets and media worldwide in perpetuity both for commercial and non-commercial reasons without further consent or notification to entrant. Entrants warrant that they have the sole and exclusive right to grant such rights to Sponsor and Mun2 and that the Sponsor's and/or Mun2’s reproduction, publishing, displaying, and/or other use of the Submission will not infringe on any rights of third parties, including, without limitation, copyright, trademark, defamation, privacy, or publicity, or create claims for false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. Any Submission containing material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or that does not meet Sponsor’s standards for any reason, as determined by Sponsor in its sole discretion, may be rejected as ineligible for consideration. Entries must comply with all applicable laws, rules, and regulations. Entrant also warrants that he/she has obtained written permission when photographing or videotaping on private property not owned or controlled by entrant, where such permission is required. Upon request, you must provide Sponsor with signed releases of the owners of any private property where you photographed or videotaped. If the entrant appearing in the Photo or Video is a minor, entrant warrants that he/she has obtained written permission from his or her parent or legal guardian to include such minor in the Photo or Video. Upon request, entrant must provide Sponsor with signed releases from the parents or legal guardians of all such minors. Sponsor shall have no obligation to copy, publish, display, or otherwise exploit the Photo or Video.

Each entrant grants Sponsor and Mun2 the perpetual, unlimited and irrevocable right to use the Submission either commercial or non-commercially, and to post, publish, adapt, make derivative works of, edit and/or otherwise use the Submission in any manner, including copyright, and in any medium now known or hereafter developed. Additionally you agree that Sponsor and Mun2 may post your Submission (including your first name and last initial) on their website(s), their web pages on or on 3rd party websites. All Submissions become the property of Sponsor and Mun2 upon submitting the Submission, and may be used without compensation, notice or approval.
Submissions that do not meet the criteria set forth above may be disqualified, at Sponsor’s sole discretion.
Entrants will be required to provide their parent/legal guardian’s name, email address and phone number upon submitting their Submission for contact purposes in the event an entrant is determined to be a potential Finalist.

Eligibility: Contest open to legal residents of the 50 United States & D.C., between the ages of 13 and 18 with parental permission.

Officers, directors, and employees of Contest Entities, members of these persons’ immediate families (spouses and/or parents, children, and siblings, and their spouses), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter the Contest. Contest Entities, as referenced herein, shall include Sponsor, Mun2, Television Communications Group, and their respective parent, subsidiary, and affiliate companies and administrative, advertising, and promotion agencies and any other entity involved in the development, administration, promotion, or implementation of the Contest.

Contest Entities and their affiliated companies, representatives, agents or employees are not responsible for, and shall be indemnified by the prize winner (or winner’s parent/legal guardian if winner is deemed a minor in the state of his/her residence) against, any claims, injuries, losses or damages of any kind resulting from acceptance, use, misuse, possession, or loss of the prize. Void where prohibited or restricted by law. Subject to all federal, state and local laws.

Winner Selection, Judging and Notification: On or about 10/01/08, a panel of independent judges will select fifteen (15) finalists (“Finalist(s)”) from all eligible Submissions received. Submissions will be judged on the following judging points and criteria on a 90 point scale: (1) Incorporating Wonka into the Creative Expression - 30 points; (2) Overall Creativity - 30 points; and (3) Incorporating ‘Dia de los Muertos’ (“Day of the Dead”) Elements - 30 points. The Finalists selected will be those with the greatest amount of points. In the event of a tie among Submissions, the Submission with the highest score in the Overall Creativity category will become a Finalist.

Finalists (and/or parent or legal guardian if Finalist is a minor in his/her state of residence) will be notified via email and/or phone on or about 10/1/08.

Sponsor will make two (2) attempts to notify Finalists at the phone number and/or email address submitted at the time of entry. The Finalists (or, if a Finalist is a minor, his/her parent or legal guardian) will be required to execute and return an affidavit of eligibility, consent, release of liability, and, except where prohibited, publicity release (collectively, “Contest Documents”) within 7 days of such notification. Noncompliance within this time period will result in disqualification, and an alternate Finalist may be selected from the remaining eligible entries. All forms must be returned in a timely manner before a Submission is deemed an actual Finalist and his/her Submission is eligible for the Public Voting Period . Additional releases, including but not limited to those from the heirs of deceased persons may be required, at Sponsor’s sole discretion. If potential Finalist (and/or parent/legal guardian) is unreachable, if he/she is found to be ineligible, if he/she cannot or does not comply with these Official Rules, or does not make direct contact with Sponsor or fails to submit the required forms by the date specified in the notification, the Submission will be disqualified and an alternate Finalist may be chosen, at Sponsor’s sole discretion.

Contest Entities reserve the right to select fewer than fifteen (15), or no, Finalists and/or to extend the Contest Period or cancel the Contest, if an insufficient number of eligible, complete, tasteful, appropriate, or generally qualified entries are received.

The Finalists’ will be featured on the Website between 12:01 am ET 10/11/08 and 11:59 p.m. ET 10/22/08 during which time Website registered members may vote for their favorite Submission (“Public Voting Period”). All voters must be registered members of the Website to vote. Limit one (1) vote per member per day for entire Public Voting Period. The Finalist that receives the highest number of votes by 11:59 p.m. ET on 10/22/08 will be determined the Grand Prize Winner, and the Finalist that receives the next highest number of votes will be determined the First Prize Winner, subject to verification and meeting the Submission and eligibility requirements set forth herein. Winners will be notified on or about 10/23/08. In the event of a tie, judges will determine the winners based on the original judging criteria.

Prizes/Approximate Retail Values (“ARV’s”): There will be a Grand Prize and First Prize awarded (“Prizes”), each consisting of the following:
Grand Prize: One (1) Grand Prize winner will receive one (1) 15-inch Apple® macBook®, one Apple® iPod® 4GB Nano, one (1) $150.00 Apple® iTunes® gift card, one (1) Apple® iWork® ’08 ; Winner’s Submission will be featured at holamun2.com; and one (1) WONKA gift basket which will include items to be selected by Sponsor in their sole and absolute discretion. Grand Prize ARV: $2,227.99. (No value is associated with featuring the Finalist on a website.)
First Prize: One (1) First Prize winner will receive one (1) 15-inch Apple® macBook® Pro, one Apple® iPod® 4GB Nano , one (1) $50.00 Apple® iTunes® gift card , and one (1) Apple® iWork® ’08 . First Prize ARV: $1,998.99.
Total ARV for all prizes is up to $4,226.98.

Prizes won by minors will be awarded in the name of their parent or legal guardian. Specifics of Prize will be determined by Sponsor in its sole discretion. No cash substitutions for prizes, prizes are non-refundable and non-transferable, except at the sole discretion of Sponsor. Sponsor reserves the right to substitute prize of equal or greater value. Federal, state and local taxes are the sole responsibility of the winners. A social security number will be required to accept these prizes for IRS reporting purposes.

If Prize is unclaimed, it will be forfeited, and an alternate Winner may be selected from the remaining eligible entries. If a Prize element is not available for any reason, the remaining elements of Prize shall constitute full satisfaction of Sponsor's Prize obligation to Winner, and no additional compensation will be awarded.

General: Sponsor is not responsible for lost, late, illegible, incomplete, invalid, or misdirected entries, which will be disqualified. Only fully completed Entries are eligible. By entering the Contest, entrants (or entrant’s parent/legal guardian if entrant is deemed a minor in the state of his/her residence) accept and agree to these rules and the decision of the judges, which shall be final. Grand Prize Winner and First Prize Winner (or Winner’s parent/legal guardian if Winner is deemed a minor in the state of his/her residence) will be required to sign a Winner’s Agreement and Release and return it by date specified in notification letter or prize will be forfeited in its entirety and another winner may be selected at Sponsor’s sole discretion. All entries and all rights of ownership and publication of same will become the property of Sponsor and will not be returned. In the event of inconsistency between these Rules and any advertising, publicity, or communication of this contest, these Rules shall control.

By entering the Contest, each entrant further agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless Contest Entities and their respective officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the Contest and/or his/her acceptance, possession, use, or misuse of Prize or any portion thereof; (b) to indemnify Released Parties from any and all liability resulting or arising from the Contest and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to Prize, including express warranties provided exclusively by Prize supplier that are sent along with Prize; (c) if selected as a Winner, to the posting of such entrant’s name on www.holamun2.com and the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes without additional compensation, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Contest itself, and to be bound by all decisions of the Sponsors, which are binding and final. Failure to comply with these conditions may result in disqualification from the Contest.

Other Conditions: Contest Entities assume no responsibility for computer system, phone line, hardware, software or program malfunctions or other errors, failures of any kinds, delayed computer transmissions or network connections that are human or technical in nature. Sponsor reserves the right in its sole discretion to cancel or suspend this Contest, in its entirety or in part should virus, bug, tampering, unauthorized intervention, fraud, technical failures, or other causes beyond Sponsor’s control corrupt the administration, security, fairness, integrity or proper play of the Contest. Contest Entities are not responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Contest by any technical or human errors which may occur in the processing of the entries in the Contest. Sponsor reserves the right to withdraw the transmission of this Contest at any time and award the Prize from among eligible entries received prior to the date of the withdrawal. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the game or website or to be acting in violation of the Rules.

Privacy: Contest entry requires registration on the Website, which will be collecting personally identifiable information, such as name, email address, and phone number. By entering the Contest, you (or your parent/legal guardian if you are deemed a minor in the state of your residence) agree to the Privacy Policy, located at: www.holamun2.com. Entrant registration information will be shared with Sponsor and its Contest administrator for the purpose of administering this Contest and potential posting of entries at Nestle website(s) and web pages at 3rd party sites.

DISPUTES: The contest is governed by, and will be construed in accordance with, the laws of the State of NEW YORK, and the forum and venue for any dispute shall be in NEW YORK. If THE controversy or claim is not otherwise resolved through direct discussions or mediation, it shall THEN be resolved by FINAL AND binding arbitration administered by JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof (“JAMS Rules”). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in NEW YORK. All proceedings brought pursuant to this paragraph will be conducted in the County of NEW YORK. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.

Winner's information: For a list of the winners go to the Website on/about 11/2/08.

Sponsored by Nestlé USA, 800 North Brand Boulevard, Glendale, CA 91203.

Apple is not a participant or sponsor of this Sweepstakes. Apple and iPod are trademarks of Apple Inc., registered in the U.S. and other countries.