2013 Team Refuel Program
Official Application Guidelines
NO PURCHASE IS NECESSARY TO PARTICIPATE.
The Team Refuel Program (the “TR Program”) starts on January 2, 2013 at 12:00 pm Eastern Time (“ET”) and ends on December 31, 2013 at 11:59 am ET (“Team Refuel Program Period”). Participation in the TR Program constitutes your full and unconditional agreement to and acceptance of these official application guidelines (the “Official Application Guidelines”). Winning an award is contingent upon fulfilling, as determined by the Promoter, all requirements set forth herein.
OVERVIEW: During the Team Refuel Program Period, athletes will be able to submit an application which will be voted on by the public. At the end of each Voting Period (as defined below), the two (2) athletes with the highest number of valid votes will receive a TR Sponsorship Package (each, a “Sponsorship Recipient”). If selected as a Sponsorship Recipient, participants will be required to submit two (2) blog posts during in addition to two social media posts during each month.
ELIGIBILITY: The TR Program is open to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older at the time of application.
Employees of National Fluid Milk Processor Promotion Board (“Promoter”), Weber Shandwick, and their respective parents, subsidiaries, affiliates, promotion and advertising agencies, and members of their immediate family (spouse and parent, children and siblings and their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are not eligible to participate or receive a TR Sponsorship Package. Void where prohibited by law. The TR Program is subject to all applicable federal, state and local laws.
Athletes may only receive one (1) TR Sponsorship Package during the entire TR Program.
The TR Program is in no way sponsored, endorsed or administered by, or associated with, YouTube. By participating in the TR Program, you understand you are providing your information to Promoter and not YouTube.
TR PROGRAM STRUCTURE & TIMING DETAILS:
During the Team Refuel Program Period, there will be twelve (12) Individual Application Periods, during which Applications (as defined below) can be submitted (each an “Application Period”). Each Application Period will be followed by a Voting Period, during which ten (10) Applications submitted for the corresponding Application Period will be voted on (each, a “Voting Period”), as set forth in the table below (“Application Entry Table”):
Application Entry Table.
|Application Period||Application Period*||Voting Period|
|1||12:00 p.m. ET on January 2, 2013 - 11:59 a.m. ET on February 6, 2013||5:00 p.m. ET on February 8, 2013 – 11:59 a.m. ET on March 1, 2013|
|2||12:00 p.m. ET on February 6 2013 - 11:59 a.m. ET on March 6, 2013||5:00 p.m. ET on March 8, 2013 – 11:59 a.m. ET on April 5, 2013|
|3||12:00 p.m. ET on March 6, 2013 - 11:59 a.m. ET on April 3, 2013||5:00 p.m. ET on April 5, 2013 – 11:59 a.m. on May 3, 2013|
|4||12:00 p.m. ET on April 3, 2013 - 11:59 a.m. ET on May 1, 2013||5:00 p.m. ET on May 3, 2013 – 11:59 a.m. ET on June 7, 2013|
|5||12:00 p.m. ET on May 1, 2013 - 11:59 a.m. ET on June 5, 2013||5:00 p.m. ET on June 7, 2013 – 11:59 a.m. ET on July 5, 2013|
|6||12:00 p.m. ET on June 5, 2013 - 11:59 a.m. ET on July 3, 2013||5:00 p.m. ET on July 5, 2013 – 11:59 a.m. ET on August 9, 2013|
|7||12:00 p.m. ET on July 3, 2013 - 11:59 a.m. ET on August 7, 2013||5:00 p.m. ET on August 9, 2013 – 11:59 a.m. ET on September 6, 2013|
|8||12:00 p.m. ET on August 7, 2013 - 11:59 a.m. ET on September 4, 2013||5:00 p.m. ET on September 6, 2013 – 11:59 a.m. ET on October 4, 2013|
|9||12:00 p.m. ET on September 4, 2013 - 11:59 a.m. ET on October 2, 2013||5:00 p.m. ET on October 4, 2013 – 11:59 a.m. ET on November 8, 2013|
|10||12:00 p.m. ET on October 2, 2013 – 11:59 a.m. ET on November 6, 2013||5:00 p.m. ET on November 8, 2013 – 11:59 a.m. ET on December 6, 2013|
|11||12:00 p.m. ET on November 6, 2013 – 11:59 a.m. ET on December 4, 2013||5:00 p.m. ET on December 6, 2013 – 11:59 a.m. ET on January 3, 2014|
|12||12:00 p.m. ET on December 4, 2013 – 11:59 a.m. ET on December 31, 2013||5:00 p.m. ET on January 3, 2014 – 11:59 a.m. ET on February 7, 2014|
APPLICATION:: For the opportunity to be awarded a TR Sponsorship Package, there are two (2) ways to participate.
2) At an Event: During one of the participating Rock ‘n’ Roll Marathon or Ironman events, visit the video booth equipped with a mini-recording studio during regular operating hours located at the REFUEL | “got chocolate milk?” booth at the race Expos (the “Video Booth”) and follow the instructions of the booth manager and/or provided instructions to fully complete and submit the application form. Once you complete the entry form, follow the instructions of the booth manager and/or provided instructions to use the camera in the booth to create a video of no more than 60 seconds in length, that explains your after workout ritual and why you incorporate lowfat chocolate milk into it and take a headshot. Only one (1) retake will be permitted. You must decide if you will complete a retake within 1 minute of the completion of the previous video. Use of the Video Booth is free. Video Booths will be available on a first come, first serve basis. Promoter does not guarantee the opportunity to create an Application via this method. For a complete list of event locations, visit www.gotchocolatemilk.com/news/events.
General Application Conditions: Limit one (1) Application per participant and per email address, regardless of method of participation. Applications received from any participant or email address in excess of the above stated limitation will be void. All Applications must comply with the “Application & Content Requirements” section below. Failure to comply with these Official Application Guidelines and/or the requirements specified herein will result in disqualification and all associated Applications will be void.
JUDGING: All Applications for each Application Period will be judged by a panel of judges based on the following criteria: expression of enthusiasm for “got chocolate milk?” brand (33.3%); originality and creativity of video (33.3%); video demonstrates the ability to successfully convey positive refuel with chocolate milk message and how it is incorporated into a recovery routine (33.3%). The ten (10) Applications for each Application Period earning the highest scores will be deemed “Finalist”. Promoter reserves the right to choose fewer than ten (10) Finalists for any Application Period if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Applications for any Application Period.
VOTING & SPONSORSHIP RECIPIENT DETERMINATION: During each Voting Period (as set forth in the Application Entry Table above), individuals who are at least 18 years of age will be invited to gotchocolatemilk.com to select which Finalist they think should receive a TR Sponsorship Package based on quality of entry, relevance to theme and creativity. Limit one (1) vote per person per day for each Voting Period. For the purposes of Official Application Guidelines, a “day” shall be defined as the 24-hour period beginning at 12:00 a.m. ET and ending at 11:59 p.m. ET. Votes received from any person in excess of the stated daily limitation for any Voting Period will be void. Applications from one Voting Period will not be included in subsequent Voting Periods. Finalists are prohibited from obtaining votes by any fraudulent or inappropriate means or practices, including, without limitation, offering prizes or other inducements to members of the public, as determined by Promoter in its sole discretion. Subject to verification of eligibility and compliance with these Official Application Guidelines, the two (2) Finalists that receive the highest number of valid votes for the applicable Voting Period, as determined by Promoter, will be deemed potential Sponsorship Recipients. In the event of a tie for any Voting Period, the Applicant whose Application received the highest number of votes first will be deemed the Sponsorship Recipient. Use of script, macro or any automated system or practice to vote or with the intent to impair the integrity of the voting process is prohibited and all such votes will be void. Voting will be monitored by IP address and cookies. Promoter reserves the right to award fewer than the stated number of TR Sponsorship Packages for any Voting Period if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Applications. The potential Sponsorship Package Recipients will be notified per the “Sponsorship Package Notification” section below. Verified Sponsorship Package Recipients will receive an “Official Welcome Letter” and will be required to follow the Sponsorship Recipient Requirements, as outlined below.
APPLICATION & CONTENT REQUIREMENTS: Applications and content may not contain, as determined by the Promoter, in its sole discretion, any content that:
- is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
- promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
- is obscene or offensive; endorses any form of hate or hate group;
- appears to duplicate any other submitted Applications or Content;
- defames, misrepresents or contains disparaging remarks about other people or companies;
- contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission (with the exception of Promoter’s trademarks, logos and/or products);
- contains personal identification that the entrant views as sensitive or confidential, such as license plate numbers, phone numbers, e-mail addresses or street addresses;
- contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission (with the exception of Promoter’s trademarks, logos and/or products);
- contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;
- contains look-alikes of celebrities or other public or private figures, living or dead;
- communicates messages or images inconsistent with the positive images and/or good will to which we wish to associate; and/or violates any law.
Application and content must be the original work of the participant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the Application or content contains any material or elements that are not owned by the participant (with the exception of Promoter’s trademarks, logos and/or products), and/or which are subject to the rights of third parties, the participant is responsible for obtaining, prior to submission of the Application and/or content, any and all releases and consents necessary to permit the use and exhibition of the Application and/or content by Promoter in the manner set forth in these Official Application Guidelines, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Application and/or content. Promoter reserves the right to request proof of these permissions in a form acceptable to Promoter from any participant at any time. Failure to provide such proof may, if requested, render Application and/or content null and void. By submitting an Application and/or content, participant warrants and represents that he/she and any persons appearing or who are identifiable in the Application and/or content consent to the submission and use of the Application and/or content in the TR Program and to its use as otherwise set forth herein.
By submitting an Application, participants acknowledges and agrees that Promoter may obtain many Applications and/or content in connection with this TR Program and/or other promotions staged and/or promoted by the Promoter, and that such Applications and/or content may be similar or identical in theme, idea, format or other respects to other Applications and/or content submitted in connection with this TR Program and/or other contests sponsored by the Promoter or submitted for other reasons or other materials developed by the Promoter. Participant waives any and all claims participant may have had, may have, and/or may have in the future, that any Application, content and/or other works accepted, reviewed and/or used by the participant may be similar to his/her Application and/or content, or that any compensation is due to participant in connection with such Application, content or other works used by Promoter.
All Finalist Applications will be reviewed for compliance with these Official Application Guidelines before being posted to gotchocolatemilk.com (the “Web site”) for voting and/or any other purposes as set forth herein; however, such review does not relieve participant from the responsibility for compliance with these Official Application Guidelines. Participants and Applications and content that do not comply with these Official Application Guidelines or that otherwise contain prohibited or inappropriate content as deemed by the Promoter, in its sole and absolute discretion may be disqualified at any time and will not be posted for voting in the applicable Voting Period and will be disqualified. Promoter (and/or its designated agent(s)), in its sole and absolute discretion, makes the final determination as to which Applications are accepted and eligible to take part in this TR Program and be considered as Finalists in the Voting Period each month, judging, posting on the Web site and/or be eligible to receive a TR Sponsorship Package.
By submitting an Application and/or content, participant hereby grants permission for the Application to be posted on the Web site. Participants are encouraged to promote their Application and/or content on other websites, including social media sites. Participant agrees that Released Parties (as defined below) are not responsible for any unauthorized use of Applications and/or content by third parties. Released Parties do not guarantee the posting of any Application and/or content.
SPONSORSHIP PACKAGE NOTIFICATION: All potential Sponsorship Recipients will be notified by telephone, mail and/or email. Potential Sponsorship Recipients will be required to complete an Affidavit of Eligibility, Liability and Publicity Release (unless prohibited by law) and any other documents required by Promoter which must be returned within seven (7) days of date appearing on notification or on the date otherwise specified by Promoter. Return of any notification as undeliverable, failure to sign and return requested documentation within the specified time period, the inability of Promoter to contact a potential Sponsorship Recipient within a reasonable time period, the inability of a potential Sponsorship Recipient to accept a TR Sponsorship Package, or noncompliance with these Official Application Guidelines by any potential Sponsorship Recipient will result in disqualification and, at Promoter’s sole discretion, the TR Sponsorship Package may be provided to runner-up for the Application Period at issue.
SPONSORSHIP RECIPIENT REQUIREMENTS: Participants who participate in the TR Program and also receive a Sponsorship Package, agree to complete and submit the following materials (referred to below as Content) in accordance with the instructions provided by Promoter in the Official Team Refuel Welcome Letter by January 31, 2014:
- Submit at least two (2) blog entries about your training, nutrition or a race/competition experience that discusses the role that lowfat chocolate milk plays in helping you recover after strenuous exercise to TeamRefuel@gotchocolatemilk.com. Blog entries should be in English and can include photos, videos, quotes and links.
- Post on social channels at least once (1) per month. Posts can include photos or videos of you wearing Team REFUEL gear provided as part of the Sponsorship Package, how you refuel with chocolate milk, or by sharing exclusive content from the REFUEL campaign by i) Tag @gotchocolatemilk on Facebook OR tweet it using @gotchocomilk with hashtag #myafter.
- If you are the recipient of a race bib, submit one (1) photo from Finish Line of each race when Team Refuel supplied the free race entry
Blog entries and photos will collectively be referred to as the “Content”. All Content must be received by 11:59 a.m. ET on January 31, 2014. Content generated by script, macro or other automated means or practices or by any means which subvert the participation process are void. Sponsorship Recipients may submit more than two (2) blog entries and/or photos, provided that the blog entries and photos are substantially different from any other blog entry and/or photo submitted by such Sponsorship Recipient. Promoter may publish blog posts at www.gotchocolatemilk.com at its sole discretion. All Content will be reviewed by Promoter prior to posting and must comply with the “Application & Content Requirements” section above. Failure to comply with these Official Application Guidelines and/or the requirements specified herein will result in disqualification and all associated Content will be void.
Sponsorship Package (24) (2 per Application Period): One (1) TR Sponsorship Package, consisting of $500 (to be awarded in the form of a check) and one (1) Sport-specific Gear package in the form of a $315 voucher, which can be used to purchase sport-specific gear at the Refuel got chocolate milk? online store at http://champ-sys.com/carts/refuel. Vouchers are subject to certain terms and conditions specified by issuer and expire within one (1) month of date of issuance, except where prohibited by law, in which event they shall expire as provided under applicable law. Approximate Retail Value (“ARV”) is $815.00 each. Total ARV of all TR Sponsorship Packages: $19,560.
General TR Sponsorship Package Conditions: TR Sponsorship Packages are awarded “as is” with no warranty or guarantee, either express or implied by Promoter. Sponsorship Recipients may not substitute, assign or transfer TR Sponsorship Packages, or redeem TR Sponsorship Packages for cash, but Promoter reserves the right, at its sole discretion, to substitute TR Sponsorship Package (or portion(s) thereof) with an item of comparable or greater value. Sponsorship Recipients are responsible for all applicable federal, state and local taxes, if any, as well as any other costs and expenses associated with TR Sponsorship Package acceptance and use not specified herein as being provided. All TR Sponsorship Package details are at Promoter’s sole discretion.
GENERAL CONDITIONS: By participating, each participant agrees: (a) to abide by these Official Application Guidelines and decisions of Promoter and judges, which shall be final and binding in all respects relating to this TR Program; (b) to release, discharge and hold harmless Promoter, Weber Shandwick, YouTube, and their respective parents, affiliates, subsidiaries, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from participant’s participation in the TR Program or any TR Program-related activity, or the acceptance, possession, use or misuse of any awarded TR Sponsorship Package and (c) to the use of his/her name, voice, performance, photograph, image and/or likeness for programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Promoter and its designees, without compensation (unless prohibited by law) or additional notification, permission or consents from participant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so.
USE OF APPLICATIONS & CONTENT: In submitting an Application and/or Content, you grant the Promoter and its designees a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable, transferable right to exploit the copyright and other intellectual property rights you have in the Applications and/or Content, and any ancillary and subsidiary rights therein in any media now or hereafter known, with respect to the Applications, including without limitation the right to edit, publish, use, adapt, exploit, modify, copy, disseminate or dispose of any Applications and/or Content, the concepts embodied therein or any elements thereof (including the names and likenesses of any individuals and any property embodied therein), online, in print, film, television, or in any other media now known or hereafter devised, worldwide in perpetuity, for programming, advertising, publicity, promotional and any other purposes without compensation or notification to you of any kind, except as prohibited by law.
MISCELLANEOUS: Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, illegible, stolen, delayed, misdirected, undelivered, or garbled Applications, Content, videos, links, quotes or photos; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the TR Program, including, without limitation, errors or difficulties which may occur in connection with the administration of the TR Program, the failure or malfunction of any Video Booth, the cancellation or postponement of any participating event, the processing of Applications, the judging of Content, the tabulation of votes, the announcement of the TR Sponsorship Package Recipients, the incorrect uploading of the photo, quote, link, or video or in any TR Program-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the TR Program (including the Video Booths). Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in this TR Program or downloading materials from or use of any website. Persons who tamper with or abuse any aspect of the TR Program or website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Application Guidelines, as solely determined by Promoter, will be disqualified and all associated Applications and/or Content will be void. Should any portion of the TR Program be, in Promoter’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Promoter, corrupt or impair the administration, security, fairness or proper play, or submission of Applications and/or Content, Promoter reserves the right at its sole discretion to suspend, modify or terminate the TR Program and, if terminated, at its discretion, select the potential Sponsorship Recipients for the applicable Application Period(s) from all eligible, non-suspect Applications and/or Content received prior to action taken using the Sponsorship Recipient determination procedures outlined above (as applicable). CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE TR PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, PROMOTER RESERVES THE RIGHT TO SEEK ANY AND ALL REMEDIES AVAILABLE (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
ARBITRATION: Except where prohibited by law, as a condition of participating in this TR Program, participant agrees that (1) any and all disputes and causes of action arising out of or connected with this TR Program, or any awards provided, 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 participant; (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 participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs associated with participating in this TR Program), and participant further waives all rights to have damages multiplied or increased.
CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant and Promoter in connection with the TR Program, shall be governed by, and construed in accordance with, the substantive laws of the District of Columbia, USA.
REQUEST FOR SPONSORSHIP AND AWARD RECIPIENT LIST: For a list of Sponsorship Recipients (available after February 1, 2014), send a self-addressed, stamped, envelope by February 15, 2014 to: 2013 Team Refuel Program; Recipient List Request, 875 N Michigan Avenue, Suite 2400, Chicago, IL 60611.
PROMOTER: National Fluid Milk Processor Promotion Board, 1250 H Street NW, Suite 950, Washington, DC 20005