Deck the Barn

DECK THE BARN PHOTO CONTEST(1)

OFFICIAL RULES

Dairy Farmers of America, Inc.

10220 N. Ambassador Drive

Kansas City, MO  64154

NO PURCHASE NECESSARY TO WIN. 

A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. 

Void where prohibited by law.

You must be 18 years of age or older to enter.

ELIGIBILITY:

The Deck The Barn Photo Contest (the “Contest”) is sponsored by Dairy Farmers of America, Inc. (the “Sponsor”) and is open only to persons who are at least 18 years of age or over at the time of entry and who are legal residents of, and currently living in, one of the states of the United States (excluding Alaska and Hawaii) or the District of Columbia. Individuals living in Puerto Rico, Guam or any other territory or possession of the United States may not enter the Contest.  The Contest is void where prohibited or restricted by law and is subject to all applicable federal, state and local laws and regulations.  Employees of Sponsor who work in or from of the corporate office of Sponsor at the address listed above (“Employees”), their respective Immediate Family Members, as defined in these Official Rules, and those individuals living in the same household as an Employee are not eligible to participate in the Contest.  “Immediate Family Members” means grandparents and step-grandparents; parents and step-parents; spouses; children and stepchildren, including adopted children or step-children; spouses of children and step-children; grandchildren and step-grandchildren and their spouses.  By entering the Contest, you (“You”) agree to accept and be bound by these Official Rules, including all eligibility requirements.  You also agree to accept all decisions of the Sponsor in interpreting these Official Rules which shall be final and non-appealable in all cases.

CONTEST PERIOD:

The contest period begins on December 15, 2014 at 12:01 AM CST and ends on December 21, 2014 at 11:59 PM CST (the “Contest Period”).  All entries (each, an “Entry”) for the Contest must be posted on Facebook, Instagram, or Twitter (each, a “Photo Site”), as more particularly described below, during the Contest Period to be eligible.  Entries posted outside the Contest Period will not be eligible.  You may, but are not required to, post your Entry on more than one of the three Photo Sites.  The time of posting of Your Entry will be deemed to be the earliest time of posting of an Entry that complies with these Official Rules. 


TO ENTER:

Each Entry consists a photograph (each, a “Photo”), which must be posted on at least one of the Photo Sites.  Posting a Photo on more than one Photo Site will not increase or improve Your chances of winning the Contest.  You may submit more than one Entry but each Entry must consist of different Photos, each of which must comply with the rules set out herein.  In addition, each Entry must be posted separately in a separate post and each post must comply with the requirements set forth herein.  No Entrant may win more than one Prize, as defined herein, in the Contest.  If You submit an Entry which is selected as a winning Entry, all other Entries submitted by You will be ineligible to win.

To enter, go to http://www.dfamilk.com/deck-the-barn and read the Official Rules and instructions, including the Sponsor’s Privacy Policy, which appears at http://dfamilk.com/dfa-policies, then submit a Photo via at least one Photo Site, as instructed below. Your Entry constitutes Your acceptance of, and agreement to, the Official Rules.

For Photos submitted on Twitter, You must post the Photo with the #deckthebarn hashtag and mention @dfamilk. 

For Photos submitted on Instagram, You must post the Photo with the #deckthebarn hashtag and mention @dfamilk. 

Sponsor will determine in its sole discretion which Entries are valid Entries and whether the Entries otherwise meet the eligibility requirements set forth in these Official Rules.  All decisions of Sponsor regarding eligibility and the selection of the winners are final. 

PHOTO:

Each Photo must have been taken no earlier than January 1, 2014, and must feature Your Farm and how You have decorated it for the holidays.  “Farm” means real property, on which You or an Immediate Family Member resides, which is part of a dairy production operation, owned, leased or operated by You or an Immediate Family Member.  Each Photo must feature (1) a barn, fields, livestock, tools, or other farm features, and (2) some form of holiday decorations, such as ribbons, lights, artificial trees, wreaths, or other decorations chosen by You. 

In addition to complying with all rules regarding posts on the Photo Site You choose, each Photo must be original, must have been taken by You, all ownership rights in each Photo You post must be Yours, You must have the written permission of any individuals appearing in each Photo (or the parents or guardians of any minors appearing in such Photo) to use such Photo for this purpose, and for such image(s) to be used in the manner contemplated by Sponsor under the Contest.  By submitting each Photo, You acknowledge and agree to the transfer of ownership rights in the Photo as provided herein.  See OWNERSHIP OF PHOTOS, below.

JUDGING:

The Photos will be judged by a panel, consisting of members of the Sponsor’s Communications Department, based on the following weighted criteria, with each component ranked from 1 to 10, 10 being the highest score:

            40%     Holiday Decorations

            35%     Incorporation of Farm

            25%     Creativity

The Prizes will be awarded to the three Entries with the three highest scores.  In the event of a tie among one or more Entries, the tied Entry with the highest Holiday Decorations score will be the winner.  If a tie continues, the Entry among the remaining tied Entries with the highest score in the Incorporation of Farm category will win.  If a tie still remains, the Entry among the remaining ties with the highest score in the Creativity category will win.  In the event a tie still remains, the Entry with the earliest date and time of posting to the Photo Site will win. In the event of a tie as to such time of posting, the winner shall be determined by resort to the Photo Site used by the tied Entrants, as determined in alphabetical order, i.e., Facebook first, then Instagram, and finally Twitter.  In the event there remains a tie, Kristen Coady, Senior Director, Corporate Communications of Sponsor, or such other person holding such position with Sponsor (the “Final Judge”) will judge the remaining tied Entries according to the weighted criteria listed above (without regard to previous scores) and the Photo with the highest score, as determined solely by the Final Judge, will win.  The decision determined under the foregoing procedure will resolve the tie(s) and will be final. 

PRIZES:

There will be three Prizes awarded in the Contest.  Each Prize will be a gift basket containing assorted cheeses and specialty meats.  The approximate value of each gift basket is $50.00. 

No transfer or substitution of Prizes will be allowed, except by Sponsor in the event an advertised Prize is not available.  In such cases, Sponsor may substitute a Prize of equal or greater value.  All taxes on Prizes are the sole responsibility of the winner.

CONDITIONS OF ENTRY:

Valid Entries must be submitted via the internet by means of the methods described above.  Incomplete Entries are void.  

Entries will be deemed to have been submitted by the Authorized Account Holder of the email address associated with the account on the Photo Site on which the Entry was first (in time) submitted.  “Authorized Account Holder” is defined as the natural person who is assigned  an email address by an internet access provider, online service provider or other organization.

Sponsor, its affiliates, subsidiaries and divisions, and their respective directors, officers, employees and agents, including, without limitation, any advertising and promotion agencies, and telephone network or service providers thereof, are not responsible for the validity or invalidity of any Entry, including, without limitation, any incorrect or inaccurate transcription of entry information, human error, technical malfunction of any computer equipment or software, lost or delayed data transmission, interruption or line failure of any network, inability to access the Sponsor’s web site (“Web Site”) or online service, or any other error or malfunction, or for late, lost, postage due, illegible or misdirected entries.

SPONSOR SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY, INCLUDING ANY IMMEDIATE FAMILY MEMBER, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER RESULTING FROM (I) YOUR ENTERING THE CONTEST, (II) THE AWARDING, RECEIPT, OR USE OR MISUSE OF THE PRIZE, (III) PARTICIPATION IN THE CONTEST OR ANY PRIZE-RELATED ACTIVITIES, OR (IV) ANY AND ALL OTHER DAMAGES, REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, PRIVACY, RIGHT OF PUBLICITY OR OTHERWISE, EVEN IF ANY REPRESENTATIVE OF SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL SPONSOR’S TOTAL LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY ARISING OUT OF OR RELATING TO THE CONTEST EXCEED THE VALUE OF THE PRIZE TO BE AWARDED IN THE CONTEST.

OWNERSHIP OF PHOTOS:

All Entries will become the property of the Sponsor and will not be returned.  You acknowledge such Photo(s) may be posted on Sponsor’s website, may be retweeted, may be shared on Facebook, may be posted on Sponsor’s Instagram, and may be used in one or more of Sponsor’s DFALeader.com blog articles or newsletters.  By submitting an Entry, You grant the Sponsor the sole and exclusive right (except as provided herein) title and interest in and to the Photo submitted with the Entry, including, without limitation, all copyrights, trademarks, trade dress, good will, depictions, designs, exploitive rights, creative works, concepts, plans, titles, ideas and the like therein, in perpetuity and throughout the universe, and in all media and forms of expression and communication now known or hereafter developed, including, by way of example and not by way of limitation, television, print, magazine, newsletters, blogs, social media, tweets, Facebook pages, Instagram sites, Sponsor promotional pieces, collateral media and all others.  The Photos have been specially ordered and therefore are deemed under US law to be “work made for hire” (in the US under section 101 of the Copyright Act of 1976, as amended from time to time); but if in whole or in part not “work for hire”, You shall and hereby do irrevocably assign, convey and transfer to Sponsor all right, title and interest throughout the universe in perpetuity in and to such Photo, without any obligation to pay additional consideration for the use, alteration, modification or exploitation thereof.  You waive all moral rights, droit moral, and any other theories in any Photo provided by You or warrant that any moral rights applicable to such Photo have been waived.  For example, moral rights may include the right that a work not be mutilated or distorted without the author’s permission or the right to decide when a work will be presented to the public.  You hereby grant to Sponsor a worldwide, perpetual, irrevocable, exclusive (except as herein provided), royalty-free, sublicensable right and license to use, copy, manufacture, distribute, translate, perform, modify, display, transmit, create derivative works of, make, have made, offer to sell, sell, import, and otherwise exploit any such intellectual property related to the Photo, including the Photo.  You will take any and all necessary further actions to effectuate the intent of these Official Rules You hereby represent and warrant that You have sufficient rights, whether by implication, estoppel or otherwise, to grant Sponsor the rights discussed in this Section.  You further represent and warrant that Your Entry:  (a) is Your original work; (b) has not been previously published; (c) has not won previous awards; (d) does not infringe upon the copyrights, trademarks rights of privacy, publicity or other intellectual property or other rights of any person or entity; (e) that You have obtained written permission from any person whose name or likeness is used in the Entry (or from the parents or guardians of any minors appearing in the Photo); and (f) that publication of the Entry via various social media, including posting on the Web Site, will not infringe on the rights of any third parties.

Sponsor hereby grants to You a limited, revocable, non-exclusive, non-commercial, non-assignable license to use the Photo in Your Entry for the sole and exclusive purpose of reproduction of the Photo in reasonable numbers for distribution to your Immediate Family Members only, and not for any commercial purposes.  Specifically, by way of example, and not by way of limitation, You may not post the Photo in any social media platform after entering the Contest, sell it, publish it, exploit it, exhibit it, or use it any other way without Sponsor’s prior written permission which may be withheld in its sole discretion.

WINNERS:

The winners, determined as provided in these Official Rules, will be announced on January 2, 2015, or as soon thereafter as reasonably practical, by posts on Sponsor’s Web Site and on Sponsor’s Facebook, Twitter and Instagram accounts.  The winners will also be notified via private message via the Photo Site on which the winners posted their respective earliest (in time) Entries.  Sponsor is not responsible for unsuccessful efforts to notify a winner, including, without limitation, by reason of any inaccurate information or transmission failure that results in the failure to identify or contact a winner.  If You are a winner and You refuse to accept the Prize or follow the procedures relating to acceptance of a Prize as solely determined by Sponsor, Sponsor reserves the right to disqualify You from the Contest and award the Prize to the Entry with the next highest score.  Return of any Prize or Prize notification as undeliverable may result in disqualification or forfeiture of the Prize and selection of an alternate winner.  Winners must respond with a valid mailing address within 7 days of request by Sponsor; otherwise Sponsor may award the Prize to the Entry with the next highest score. 

Winners may be required to sign and return certain documents before receipt of a Prize, including but not limited to, an Affidavit of Eligibility, a Liability Release and, where legally permissible, a Publicity Release.  Failure to sign any such document upon the request of Sponsor may result in forfeiture of the Prize and selection of an alternate winner.

PUBLICITY:

Except where prohibited by law, winner’s acceptance of a Prize will constitute permission for Sponsor, its affiliated companies, sponsors and Prize donors to use the winner’s name, likeness and statements for promotional purposes in reference to the Contest in any media without geographic or time limitation, without additional compensation, consideration or consent and without further notice to the winner.

RELEASE AND DISCLAIMER OF WARRANTIES:

By entering this Contest and/or accepting the Prize, You agree to, and hereby do, release Sponsor, its subsidiaries, affiliates and divisions, and their respective directors, employees, officers and agents, including, without limitation, any advertising and promotion agencies and telephone network or service providers thereof, from any and all liability, loss or damage arising from or in connection with participation or attempt to participate in the Contest and/or the awarding, receipt, use or misuse of the Prize or participation in any Prize related activities, and from claims based on publicity rights, defamation or invasion of privacy.

Sponsor and its parent companies, subsidiaries, affiliates and divisions, and their respective directors, officers, employees, attorneys, representatives and agents make no warranties, and hereby disclaim all warranties, express or implied, concerning any Prize furnished or awarded in connection with the Contest. 

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NONINFRINGEMENT.

REMOVAL AND DISQUALIFICATION:

During the Contest Period, Sponsor may eliminate any Photos and request that the Photo Site on which such Photos are posted remove the Photo, at its sole discretion.  For example, Photos containing offensive, obscene, or copyrighted content may be removed by Sponsor.  Entries or votes using macro, robotic, script or other forms of automatic entry will be disqualified.  No mechanically reproduced entries are permitted.  Sponsor further reserves the right to disqualify any individual who tampers with the entry process.  Sponsor may prohibit You from participating in the Contest if it determines that You are attempting to undermine the legitimate operation of the Contest in any manner, including without limitation by cheating, hacking, deception or other unfair practices or if You abuse, threaten or harass other entrants.

INTERNET:

Sponsor is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission of any Entry, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure of Sponsor to receive any Entry on account of technical problems or traffic congestion on the Internet or at any Website or any combination thereof.  If for any reason the Website is not capable of running as planned by Sponsor, including without limitation infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest.  Caution: Any attempt to deliberately damage the Website or undermine the legitimate operation of the Contest may be a violation of criminal and civil laws and Sponsor reserves the right to seek damages from any such participant to the fullest extent of the law.

AGREEMENT TO OFFICIAL RULES AND DISPUTES:

By entering into and participating in this Contest, each entrant also agrees that:  (i) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any Prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Western District of Missouri or the appropriate Missouri State Court located in Platte County, Missouri ; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (iii) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental and consequential damages and any other damage, 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.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Missouri, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the State of Missouri.

 

(1) This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook.  You understand that you are providing Your information to Dairy Farmers of America, Inc. and not to Facebook.  This Contest is in no way sponsored or associated with Twitter.  You should use Your existing Twitter account to enter this Contest or create one Twitter account if You do not already have one.  You should not create an additional Twitter account just for the purpose of entering this Contest.  If you use multiple Twitter accounts to enter, You will be ineligible to win the Contest.  This Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram.  If you post on Instagram as part of this Contest, You completely release Instagram from any claims regarding the Contest.  You must comply with all requirements of Instagram, including but not limited to, its Terms of Use and its Community Guidelines.  Refer to https://instagram.com/about/legal/terms/.