National Best Tasting Contest Official Rules

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN, NOR WILL A PURCHASE OR PAYMENT IMPROVE ONE’S CHANCES OF WINNING. 

ENTRANTS MUST HAVE PERMISSION FROM THEIR PARENT OR LEGAL GUARDIAN IN ORDER TO ENTER. PRIZE WILL BE AWARDED IN THE NAME OF ENTRANT’S PARENT OR LEGAL GUARDIAN. MANY WILL ENTER, ONE WILL WIN. VOID WHERE PROHIBITED.

1.  DESCRIPTION: The Lemonade Day® national 2019 Best Tasting Award (the “Contest”) is a competition in which eligible “Entrants” (as defined in Section 2) must submit required information to the local city program director (the “Submission”) to compete for one (1) $300 USD prize as further described below and in accordance with these Official Rules. The host of this Contest is P4L dba Lemonade Day ("Host"), 1800 West Loop South, STE 1875, Houston, TX 77027, whose decisions are final and binding as to all aspects of this contest. The financial sponsor of this Contest is Wyler’s Light ("Sponsor").

The Contest will operate as follows:

  • Submission Period: The Submission Period begins on or about Thursday, April 25, 2019 and ends on Thursday, June 20, 2019 at 11:59:59 p.m. Central Time (“CT”). Entrants from all 2019 local best tasting contests, including those taking place before or after April 25, 2019, are eligible to win.

  • Contest Judging: Concurrent with the Submission Period through June 20, 2019, eligible Submissions will be reviewed and evaluated in accordance with the “Judging Criteria” as described in Section 3 of these Official Rules.

  • Winner Notification: The potential Grand Prize winner will be notified on or about Thursday, June 27, 2019 according to Section 4 of these Official Rules.

2.  ELIGIBILITY: To participate, Entrants must meet the following eligibility criteria:

  • To enter the Contest you must have the permission of your parent or legal guardian (“Parent”) prior to entering and be: (i) between 5 and 17 years of age at the time of entry (each a “Participant”, collectively, the “Participant”, and (ii) who is a legal resident of, and physically resides within the fifty (50) United States or the District of Columbia, Bermuda, South Africa, and Canada (excluding the residents of Quebec). Any individuals (including but not limited to employees, consultants, independent contractors, and interns) who have, within the past six (6) months, performed services for Host, and any organizations responsible for Hosting, fulfilling, administering, advertising or promoting the Contest or supplying the prize, and their respective parent, subsidiary, affiliated and successor companies, immediate family members and household members of such individuals, and any person who, within the past six (6) months, has been awarded a prize in any Contest conducted by Host, are all ineligible to enter or win. "Immediate family members” shall mean parents, step-children, children, step-parents, siblings, step-siblings, or spouses. “Household members” shall mean people who share the same residence at least three (3) months a year.

  • Entrant must NOT be under any contractual obligation that would conflict with this Contest or the Official Rules, including but not limited to obligations under professional guild obligations, talent agent or talent management agreements, or music recording agreements;

  • Entrant must NOT be an employee, officer, director, agent or representative of Host or Sponsor ("Contest Entities"), or their respective parent companies, affiliates, divisions, subsidiaries, representatives or advertising agencies nor can Entrant be an Immediate Family Member and/or Household Member of such persons.

3.  HOW TO PARTICIPATE: The Contest offers eligible Entrants an opportunity to post a Submission, as described below, to progress to the Contest Judging phase.

To become a Eligible Entrant you may enter by (1) receiving the first place prize at your local best tasting contest then (2) providing the local city program director with the information required to advance to the national Contest. You may also review these instructions in Host’s Contest call to action posted by Host on https://lemonadeday.org/contests. Host, at its sole discretion, may accept a mistyped Entry. Host will judge all Entries received to select 1 potential winner by determining: (1) eligibility to enter Contest and (2) rating score of criteria. To view scoring criteria, go to https://Lemonadeday.org/national-best-tasting-contest-scoring-criteria.  It is your sole responsibility to notify the Host in writing if you change your mailing or email address (“Address”). For purposes of these Official Rules (“Rules”), all times and days are Central Time. The awarding of each prize is subject to the eligibility and forfeiture provisions set forth below.

Normal internet access and usage charges imposed by your online service will apply. Host’s computer is the official timekeeping device for the Contest. It is your sole responsibility to notify the Host if you or your Parent changes your/their Address. To do so, email info@lemonadeday.org. Entries must be received by 11:59:59 p.m. CT on June 20, 2019. Entries in excess of the entry limitations may be disqualified, at the sole discretion of the Contest Entities.

IMPORTANT: Entrant’s Submission may appear in the Host’s and/or Sponsor’s social media stream. If Entrant does not want his or her Submission to be made public, he or she should not enter the Contest. Contest Entities will determine in their sole discretion which Entries have satisfied the eligibility requirements. Host reserves the right to waive the Contest entry requirements set forth herein in its reasonable discretion. Without in any way limiting the effect of the rest of these Official Rules, any Entrant who incorporates any intellectual property owned by a third party into his or her Submission without written permission is solely responsible for any such use of the intellectual property, and such Submission shall be disqualified from the Contest.

4.  WINNER/FINALIST NOTIFICATION: On or about Thursday, June 27, 2019, the potential winner as determined by the judging results will be contacted via email or telephone. The potential winner will be required to respond (as directed by the Administrator and/or Host) to the notification within twenty-four (24) hours (or a shorter time if required by exigencies) of first attempted notification. The failure to timely respond to the notification may result in disqualification, and the Administrator will select an alternate potential winner based on the judging results. The Entrant (or his or her parent or legal guardian if a Minor) who is responsible for posting the Submission will be appointed as the designated contact and will be responsible for fulfilling all Submission requirements as stated herein. The potential winner and each Participant (or each Participant’s parent or legal guardian if a Minor) will be required to complete an affidavit of eligibility, a liability release, and, unless prohibited by law, a publicity release and other legal documents as may be required by Host in its sole discretion (collectively, the "Prize Claim Documents") covering eligibility, liability, advertising, publicity and media appearance issues. Failure by the potential winner or any member of the Group (if applicable) to return the Prize Claim Documents within the specified time period may result in forfeiture of the prize and selection of an alternate winner based on the judging results. Pending the completion and return of the Prize Claim Documents and verification of eligibility and compliance with the Official Rules, the potential winner and Group Participants (if applicable) will be confirmed as the official “Grand Prize Winner(s).” 

5.  FIRST PLACE PRIZE (1 available): The Best Tasting Contest prize will consist of three hundred US Dollars ($300), awarded in the form of a gift card and provided by Sponsor. In the event of a Group winner, the Grand Prize will be equally divided between the confirmed and verified Group Participants.

Winner cannot assign or transfer the prize to another person. ALL FEDERAL, STATE AND LOCAL TAXES, AND ANY OTHER COSTS AND EXPENSES, ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER.

6.  CONDITIONS OF PARTICIPATION/RELEASES: Contest is void where prohibited or restricted by law. All federal, state and local laws and regulations apply. By participating, each Entrant (and his or her parent or legal guardian if a Minor) agrees to be bound by these Official Rules and the decisions of the Host and Administrator, which shall be final in all respects. By participating in this Contest and/or by accepting any prize that he or she may win, each Entrant (or his or her parent or legal guardian if a Minor) agrees to release the Contest Entities, and their respective affiliates, divisions, subsidiaries, successors, assigns, and licensees, and each of their respective employees, shareholders, officers, directors, contractors, advertising and promotion agencies, agents and representatives (collectively, the "Released Parties") from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Contest and/or acceptance or use of any prize. Each Entrant (and, in the case of a minor Entrant, his or her parent or legal guardian on his/her behalf) authorizes the Contest Entities to use his/her name, voice, likeness, biographical data, city and state of residence and entry materials in programming or promotional material, worldwide in perpetuity, or on a winner's list, if applicable, without further compensation unless prohibited by law. Contest Entities are not obligated to use any of the above-mentioned information or materials but may do so and may edit such information or materials, at Contest Entities’ sole discretion, without further obligation or compensation. The Released Parties shall not be liable for: (i) late, lost, delayed, damaged, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible entries, release forms, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any and all losses, damages, rights, claims and actions of any kind in connection with or resulting from participation in the Contest; (v) acceptance, possession, grant, use of or participation in any prize or related prize event, including without limitation, personal injury, death and property damage arising there from; (vi) claims based on publicity rights, defamation or invasion of privacy; or (vii) any printing, typographical, human administrative or technological errors in any materials associated with the Contest. Contest Entities disclaim any liability for damage to any computer system resulting from participating in or accessing or downloading information in connection with this Contest. Host reserves the right, in its sole discretion, to cancel, modify or suspend the Contest (or any portion thereof) should a virus, bug, computer problem, unauthorized intervention or other cause or problem corrupt or inhibit the administration, security or proper play of the Contest and, in such situation, to select the winner(s) from among all eligible non-suspect entries received prior to and/or after such action or in such manner as deemed fair and appropriate by the Host. Host may prohibit you from participating in the Contest or winning a prize if, in its sole discretion, it determines you are attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any other unfair playing practices or intending to annoy, abuse, threaten or harass any other players or Host's representatives. CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE CONTEST. SHOULD SUCH AN ATTEMPT BE MADE, HOST RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

7.  INDEMNITY: Winner (and, in the case of a minor, his or her parent or legal guardian on his/her behalf) shall indemnify, defend and hold harmless the Released Parties from and against any and all claims, damages, actions, liability, loss, injury or expense, including reasonable attorneys’ fees and costs, arising out of or in connection with: (a) participation in the Contest; (b) a breach or allegation which if true would constitute a breach, of any of winner’s representations, warranties or obligations herein; and (c) acceptance, possession, grant, participation in, or use of any prize, including without limitation, personal injury, death and property damage arising therefrom.

8.  SUBMISSION REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each Entrant (in the case of a minor Entrant, such minor winner’s parent/legal guardian on his/her behalf) represents and warrants as follows: (i) the Submission is the entrant’s own original work. Each Entrant (and, in the case of a minor winner, such Minor winner’s parent/legal guardian on his/her behalf) 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 or agreements of Entrant hereunder.

9.  GRANT OF RIGHTS: Each Entrant (and, in the case of a Minor, such Minor’s parent/legal guardian on his/her behalf) into the Contest hereby irrevocably grants to Host, its designees, affiliates, successors and assigns, the non-exclusive, irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display the Submission in any media now known or hereafter devised including, but not limited to all forms of electronic media, print media and all forms of internet and wireless protocol in perpetuity and throughout the universe for advertising, marketing, publicity and promotional purposes in connection with the Contest and other promotions. Host shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission for any purpose which Host deems necessary or desirable, and each Entrant irrevocably waives any and all so-called moral rights they may have therein.

10.  ARBITRATION AND GOVERNING LAW: Any controversy or claim arising out of or relating to the Contest shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the comprehensive arbitration rules and procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Texas law consistent with the federal arbitration act and applicable statutes of limitations and shall honor claims of privilege recognized at law. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by 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, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Host shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty (60) days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. The arbitration of disputes pursuant to this paragraph shall be in the Entrant’s individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

This Contest is governed by US law and is subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules, or the rights and obligations of Entrant and the Contest Entities in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to the conflict of laws rules thereof, and each Entrant agrees that any matters or proceedings which are not subject to arbitration as set forth above and/or for entering any judgment on an arbitration award, shall be subject to the jurisdiction and venue of Harris County, Texas.

11.  PRIVACY POLICY: Any personal information supplied by you to Host will be subject to Host's privacy policy posted at https://lemonadeday.org/terms-and-privacy. By entering the Contest, you grant Host permission to share your email address and any other personal information with the other Contest Entities for the purpose of administration and prize fulfillment.

12.  WINNER LIST: To obtain a copy of the Winner list, send your request, specifying that you are requesting the results of the “National Best Tasting Contest,” along with a stamped, self-addressed envelope to the. Lemonade Day Contest, P.O. Box 925873 Houston, TX 77292. Requests for the names of the winners must be received no later than September 21, 2019.

@LemonadeDayNational