OFFICIAL RULES
The following rules and requirements (the "Official Rules") govern the Wave of Blue Retailer promotion contest (the "Contest"). Please read these rules before entering the Contest. By submitting an entry, you acknowledge that you have read and agree to be bound by these Official Rules and the decisions of Gaspari Nutrition. This Contest is intended to award those retailers who design the best display for Gaspari Nutrition products.
THIS CONTEST IS OPEN TO ALL CONTESTANTS IN THE UNITED STATES AND CANADA WHO MEET THE ELEGIBILITY REQUIREMENTS EXCEPT THE CONTEST IS VOID IN PUERTO RICO AND ALL OTHER STATES WHERE PROHIBITED BY LAW.
1. SPONSORS:
The Contest is sponsored by Gaspari Nutrition, Inc., a New Jersey corporation (the "Sponsor") with its headquarters located at 575 Prospect St. Suite 230, Lakewood, NJ 08701.
2. ELIGIBILITY:
A. The Contest is open to companies and/or individuals (the “Contestant”) who are Gaspari Nutrition vendors and who sell and distribute via a retail establishment GASPARI NUTRITION products. Any Contestant that is a corporation, partnership, limited liability company or other entity licensed by a United States or Canadian authority must be in good standing and satisfy all other eligibility requirements contained herein or applicable by law.
B. Employees, officers, directors, agents or independent contractors of Sponsor as well as any immediate family member of, or individual residing in the same household as, any person rendered ineligible by the terms of this paragraph is not eligible.
3. CONTEST DATES:
The Contest shall begin at 9:00 a.m. Eastern Standard Time on January 1, 2012 and end at midnight Eastern Standard Time on December 31, 2011. During the Contest period there shall be twelve (12) "Overall Monthly Winners” with a prize package awarded each month during the Contest period to an Overall Monthly Winner. In addition to the twelve (12) Monthly Prize package winners there shall also be an Overall Grand Prize Winner who shall be selected from the twelve (12) Overall Monthly prize package Winners.
4. HOW TO ENTER:
A. Each month Contestants shall create a retail display in their retail store promoting Gaspari Nutrition Products. The display shall contain only Gaspari Nutrition Products and each display must have no less than six (6) different types of Gaspari Nutrition Products in the display and must remain in the retail store for a minimum of 30 days.
B. The display shall be digitally photographed in JPEG format (resolution 655 X 655) and sent electronically attached to the electronic entry form contained at www.waveofblue.com. In addition the entry form will require Contestant to enter Contestant’s store(s) name, Contestant owner’s name(s), the store manager(s) name, the store(s) address, telephone number and e-mail address where the Contestant can be reached, as well as any other entry information requested on the Contest entry form.
C. All entries must be submitted and received prior to the 27th day of the month, for each month of the Contest (“Entry Phase”), in which the Contestant wishes to be eligible. Any entries received after the "Entry Phase" shall be rejected and shall not be eligible.
D. Each Contestant may only submit one entry per retail location per month. In the event that the Contestant does not win for the month its entry was submitted it may either re-submit the entry in the following month (if the display is still displayed in the retail store) or submit a new entry in the following month.
E. During each month of the Contest, Gaspari Nutrition shall select the top 10 entries and publish the photographs of the top 10 entries on www.waveofblue.com. All other Entries will not be acknowledged.
F. All entries must be the original creation of Contestants. By submitting an Entry, each Contestant represents and warrants that the Entry is their original creation; has not been copied, in whole or in part, from any other work; has not previously been published; does not violate or infringe any copyright, trademark, privacy or publicity right, or other proprietary or intellectual property right of any person or entity; is not defamatory, libelous, obscene, or otherwise illegal; and is the sole and exclusive property of the Contestant. Contestant further represents and warrants that they have all right, title and interest in the Entry and the photograph of the Entry and has not previously entered into any prior agreement that would restrict the rights to the Entry. Gaspari Nutrition may disqualify any Contestant whose entry Gaspari Nutrition deems, in its sole discretion, at any time not to comply with the foregoing representations and warranties. By submitting an entry, each Contestant grants Gaspari Nutrition exclusive worldwide rights to display the entry and to use the photograph of the entry on any website, any advertisement, marketing or other material created, published or distributed by Gaspari Nutrition.
G. By submitting an entry, (a) Contestant agrees to be bound by these rules without modification, and; (b) represents and warrants that Contestant is and will remain in compliance with all Official Rules.
5. WINNER SELECTION:
A. The Contest will have one (1) Overall Monthly Winner, selected each month, during the duration of the contest for a total of twelve (12) Overall Monthly Winners. The Contest will also have one (1) Overall Grand Prize Winner.
B. The Monthly Winners will be judged by a panel of executives from Gaspari Nutrition who will choose up to the Top 10 Entries. The winners will be chosen based on such elements as creativity, location and volume of display and conveying enthusiastic support for Gaspari Nutrition products.
C. The Top 10 Monthly Winners will be published on the “List of Entries” page at www.waveofblue.com, during the first week immediately following the end of the previous months’ Contest Entry Phase. In the event that the Winners are then or later determined not to be in full compliance with all Official Rules, a substitute Winner will be selected by the Sponsor from all originally eligible entries.
D. The Overall Monthly Winner will be notified by telephone call and/or e-mail sent by the Sponsor to the telephone number an/or e-mail address provided by the Winner in the Winners' Contest entry form (the "Winning Notification"). In the event that the Sponsor for any reason is unable to contact a Winner, then such Winner shall forfeit entry into and all prizes of the Contest, and a substitute Winner will be selected by the Sponsor from all originally eligible entries.
6. PRIZES:
A. Subject to compliance with all Official Rules, the Winners will be awarded the following prizes (the "Prizes"):
i. The top 10 published entries for each month will receive a Gaspari Dragon Slayer hoodie ($49.95 retail value). Contestants are eligible to win only one Gaspari Dragon Slayer hoodie during the Contest period.
ii. Each of the twelve (12) Overall Monthly Winners will also receive: (1) Exclusive Wave of Blue Retailer of The Month 3’x2’ Banner (No cash value); (2) A rep/athlete from Team Gaspari in store for a personal demo appearance (Subject to schedule and availability), [$500 Approximate Value] (3) $500 worth of Gaspari Nutrition products (Value calculation based on 25% off wholesale); (4) Free case of shaker bottles (72 count - $212 Approximate Value); (5) Free Gaspari Nutrition t-shirts (36 count - $358 Approximate Value); (6) Free samples of Gaspari Nutrition products for Contestant’s customers ($500 Approximate Value); (7) Eligibility to be selected for the Overall Grand Prize, a VIP Trip for 2 to the 2011 Arnold Sports Festival.
iii. The Grand Prize Winner, selected from the twelve (12) Monthly Winners as having the Best Overall Display of the Year, will receive a one date meet and greet with the CEO of Gaspari Nutrition, Rich Gaspari and MMA fighter Brian Stann.
B. The Prizes are not transferable, and no substitute Prizes, whether cash value or otherwise, shall be awarded.
C. Payment of any and all costs, expenses and taxes associated with the Prizes (other than the Prizes themselves) shall be the sole responsibilities of the Winners.
D. Odds of winning will depend on the number of eligible entries received during the Contest.
E. Winner's failure to satisfy any deadline set forth herein, or failure to comply with any Official Rule, shall result in the Winner(s) forfeiture of entry and of all prizes relating to the Contest, and a substitute Winner(s) will be selected by the Sponsor from all originally eligible entries.
7. TERMS:
A. To the maximum extent allowed by law, each Contestant (whether or not eligible to win a Prize) by entering the Contest grants the Sponsor the right to print or otherwise use their names, photographs, images, voice recordings and likenesses without further consent and without compensation in connection with Sponsors promotion of and publicity relating to the Contest during or after the Contest Period, in any and all media, worldwide. The foregoing includes without limitation an agreement by Winner that Sponsors may post the names, images and/or likenesses of Winner at any of Sponsors websites, including without limitation at GASPARI NUTRITION's website at www.gasparinutrition.com and www.waveofblue.com and in the GASPARI NUTRITION Science & Muscle Catalogue and/or GASPARI NUTRITION Athletes User Guide.
B. All decisions of the Sponsor relating to this Contest shall be final, binding and conclusive on all matters relating thereto.
C. Sponsor shall not be liable for, and each Contest entrant and/or Winner shall bear all risk with respect to, any delays or errors arising in the course of mail delivery or electronic communication.
D. Each Contest entrant (whether or not eligible to win a Prize), by entering the Contest, releases, holds harmless, covenants not to sue and forever discharges the Sponsor and the Sponsors employees, officers, agents, affiliates, assigns and successors-in-interest from, against and as to any and all claims, actions, damages, losses, liabilities, costs, expenses, injuries or causes of action of any kind that in any way now or hereinafter may arise from or relate to acts or omissions arising from or relating to (a) the entrant's breach of any representation or warranty made in connection with the Contest; and (b) the entrant's award, acceptance or use of any Prize.
E. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or any rights and obligations of the entrants and Sponsors relating to the Contest, shall be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any choice of law or conflict of law rules. Any and all applicable federal, state and/or local laws and regulations are further incorporated herein.
F. By entering the Contest, each entrant agrees that any and all disputes, claims and causes of action arising out of or in any way related to the Contest shall be resolved individually, without resort to any form of class action, and exclusively by a court having competent jurisdiction located in the State of New Jersey. Without limiting the scope of any legal release provided herein, under no circumstance shall any entrant be permitted to seek or obtain and, by entering the Contest, each entrant waives all rights to claim, punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
G. The Sponsor reserves the right to modify or discontinue the Contest in whole or part for any reason including without limitation to preserve the integrity of the Contest, or to disqualify entrants residing in any affected geographic areas in the event that the Contest is challenged by any legal or regulatory authority. In any such event, neither the Sponsor nor any of the Sponsor's affiliates, employees, officers, directors or agents shall be liable to any company/person disqualified, damaged or affected by such an action.
8. WINNER IDENTIFICATION:
To request the name of the Winner, send a self-addressed, stamped envelope after January 15th, 2012 to GASPARI NUTRITION, Inc., 575 Prospect St. Suite 230, Lakewood, NJ 08701, Attention: "WAVE OF BLUE Contest - Winner Identification Request." (Vermont and Washington residents, and residents of any other state where the requirement to include a stamped envelope is proscribed by law, may omit a stamp on the self-addressed envelope).