LIFE IS SWEET CONTEST
OFFICIAL WEBSITE: SwisherSweetsLifeIsSweet.com
OFFICIAL RULES AND REGULATIONS
NO PURCHASE IS NECESSARY TO ENTER OR WIN.
A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
- Eligibility Requirements: The LIFE IS SWEET Contest (the “Contest”) is open to those who (i) enter according to these official Contest rules (“Official Rules”); (ii) are at least 21 years of age as of the date of posting a submission; and (iii) are legal residents of the fifty (50) United States and District of Columbia at the time of entry. In addition to any other prohibitions stated in these Official Rules, you are not eligible to enter the Contest if: (i) you are currently, or during the six months prior to the Contest Period have been, an employee, agent, or other representative of Swisher International, Inc. (“Sponsor” or “Swisher”) and/or any of its affiliates; (ii) you are a contractor of Sponsor and/or any of its affiliates (including such contractor’s employees, agents, contractors, and representatives) who currently performs, or during the six months prior to the Contest Period has performed, sales or marketing-related services for Sponsor and/or any of its affiliates; (iii) you are any other person or entity who or which is, has been, or may be involved in any aspect of creating, producing, operating, executing, marketing, or fulfilling the Contest; or (iv) you are an immediate family member of, or person living in the same household as (whether or not related), any of the foregoing people. The Contest is subject to all applicable federal, state, and local laws and regulations. This Contest is void where prohibited by law.
- Agreement to Official Rules: By participating, you agree to be fully and unconditionally bound by these Official Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of the Sponsor as final and binding as they relate to the Contest and the interpretation and application of these Official Rules.
- Contest Period: Submissions will be accepted online at com (“Contest Website”), starting on June 1, 2022 at 12:00:00 a.m. Eastern Time (“ET”) and ending on August 21, 2022 at 11:59:59 p.m. ET (“Contest Period”). The Contest Period will be divided into six (6) separate entry periods (each, an “Entry Period”), as outlined further in the chart below. Sponsor’s servers are the official time-keeping devices for the Contest.
Begins at 12:00:00 a.m. ET on:
Ends at 11:59:59 p.m. ET on:
June 1, 2022
June 12, 2022
June 13, 2022
June 26, 2022
June 27, 2022
July 10, 2022
July 11, 2022
July 24, 2022
July 25, 2022
August 7, 2022
August 8, 2022
August 21, 2022
How to Enter:
- Entrants may enter each Entry Period of the Contest by visiting the Contest Website and completing the online entry form (limit of one (1) Submission per calendar day per e-mail address). The same entrant shall not qualify as the winner for more than one (1) Entry Period. For this Contest, entrants will be required to submit a photo or a video that includes a caption (no less than 25 characters and no more than 1,000 characters in length) that describes what Life is Sweet means to the entrant (the “Submission”). Submissions will not rollover to another Entry Period, but will only qualify for the Entry Period in which the Submission was provided. A Submission that includes a video must be in MPG, MPEG, MPEG-2, MP4, WEBM, MOV, or FLV formats and no larger than 50MB in size. A Submission that includes a photo must be in JPEG or PNG formats and no larger than 20MB in size. The Contest Website will contain a description of the Contest, including a description of how to post a Submission to the Contest. As part of the Submission, each entrant may be asked to provide, among other things, his/her full name, email address, and related registration information as prompted. Additional Submission guidelines posted by Sponsor on the Contest Website must be strictly followed or such Submission will be subject to disqualification, in Sponsor’s sole and absolute discretion.
- Normal internet access and usage charges imposed by on-line service companies are out of Sponsor’s control and may apply. Incomplete, corrupted, or untimely submissions are void and will be disqualified. Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, corrupted, stolen or misdirected submissions; lost, interrupted, or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, damage to a user's computer equipment (software or hardware), or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise. If you use fraudulent methods to enter, or otherwise attempt to circumvent the Official Rules as determined by Sponsor, your Submission may be removed from eligibility at the Sponsor’s sole discretion. Regardless of entry method, the entry must fulfill all Contest requirements and abide by all Official Rules, as specified herein, to be eligible to win a Prize. No changes to any entry information will be permitted once submitted. All submissions become the property of Sponsor and will not be acknowledged or returned. Submissions that are not complete or do not adhere to the Official Rules or specifications may be disqualified at the Sponsor’s sole discretion. Submissions the Sponsor receives outside of the Contest Period herein will be discarded and deemed void. Any attempt to deliberately damage any website, or undermine the legitimate operations of the Contest is a violation of criminal and civil laws. Should such an attempt be made or be suspected to have been made, the Sponsor reserves the right to seek criminal prosecution and/or civil damages from any such entrant to the fullest extent permitted by law and to disqualify such entrant from the Contest. In the event the Contest is compromised by virus, bug, unauthorized human intervention, or other causes that corrupt or impair the administration, security, fairness, or proper process of the Contest, Sponsor reserves the right in its sole discretion to suspend or terminate the Contest and award the applicable Prize from among all eligible submissions received prior to cancellation. Proof of submission is not proof of receipt. Submissions cannot be modified in any manner by entrant. In the event of any dispute concerning the identity of any entrant, the Submission will be deemed submitted by the natural person who is the authorized holder of the transmitting user account. By submitting a Submission, each entrant acknowledges and agrees that Sponsor reserves the right to edit or otherwise revise each Submission for any reason, including without limitation, for creative reasons, for technical reasons, etc.
- Submission Deadline: Submissions must be received by the deadlines specified in the chart above in Section 3 in order to be eligible for the applicable Entry Period.
Content Guidelines: Submissions that do not abide by the content guidelines below are subject to disqualification and/or removal from the Contest at Sponsor’s sole and absolute discretion:
- Nothing contained in any Submission shall infringe on the copyright, trademark, privacy, publicity or other intellectual property rights of any person or entity. Submissions that Sponsor identifies as containing third party materials and/or intellectual property are subject to disqualification. Except for materials in the public domain, all Submissions must be the original and creative work of the entrant and not previously created by any person or entity unless entrant has properly acquired rights to use those materials and/or intellectual property for his or her Submission and has documentation to prove those rights.
- Submissions must be in the English language.
- Submissions must comply with these Official Rules and meet all specifications or requirements called for in these Official Rules.
- Submissions must not include material that: (a) is sexually explicit, indecent, obscene, violent, hateful, tortious, defamatory, slanderous or libelous, (b) is derogatory or promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (c) invades the privacy or publicity rights of any person, living or deceased, (d) is unlawful, (e) is harmful to other users of the Contest Website such as viruses, Trojan horses or other technologies that could adversely impact the Contest, (f) depicts in any way any individual under 21 years of age, and/or (g) is disparaging to Sponsor or is inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate (at Sponsor’s sole and absolute discretion).
- Submissions should not reveal any personal information about another individual, including another person’s address, phone number, email address, credit card number or any information that may be used to track, contact or impersonate that individual.
- Entrants must only submit a Submission that if selected can be assigned to Sponsor as contemplated below.
- By submitting your Submission to the Contest, you hereby irrevocably grant to Sponsor, and each of its licensees, successors and assigns, all right, title and interest in and to the Submission as the exclusive and perpetual owner of the Submission throughout the universe, including without limitation, all copyrights and trademarks therein and thereto (including any and all extensions and renewals thereof) as "works made for hire" for Sponsor. In the event the Submission is deemed not to be "works made for hire" for Sponsor, you shall and do hereby grant to Sponsor the entire universe-wide rights, title and interests therein and thereto, including, without limitation, the copyright and trademark rights in and to such Submission (including any and all renewals and extensions thereof). Upon Sponsor’s request, you shall execute and deliver to Sponsor any assignment(s) (including all renewals and extensions thereof) in and to the Submission as Sponsor may deem necessary, and you hereby irrevocably appoint Sponsor your attorney-in-fact for purposes of executing such assignment(s), such power of attorney being coupled with an interest. Sponsor shall have the broadest rights available to use and exploit the Submission, including but not limited to, the right to use and otherwise exploit the Submission, and all images, text and materials included or depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised, throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, recreate, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, and adapt the same, to combine it with other material and otherwise use and exploit it without having to give any compensation or attribution to you or any third party, except for the awarding of the applicable Prize to the Winner in this Contest as specified hereunder. You agree that during the Contest Period, you shall not make, and shall not permit, any other public use, display or distribution of your Submission, and you shall maintain all rights without encumbrances so that, if Sponsor desires, you can assign all rights in and to the Submission if selected as the Winner. Without limiting the forgoing, Sponsor will have the right to use the Submissions submitted as part of the Contest, and all images, text and materials included or depicted therein (if any), in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. You hereby forever waive and relinquish all so-called “moral rights (droit moral)” now or hereafter recognized in connection with Submissions submitted as part of the Contest. You acknowledge that as a condition of participating in the Contest and/or being selected as the Winner, Sponsor may request that your Submission, and any rights therein, be assigned to Sponsor or you will otherwise be disqualified from receiving the Prize(s). You agree that neither Sponsor, nor its agents, shall be responsible for return or preservation of the Submissions submitted.
- You acknowledge that Submissions are not being submitted in confidence or in trust to Sponsor and that no confidential or fiduciary relationship is intended or created. Nothing herein shall create an implied or express contract to compensate you for your Submission(s) and there is no obligation for Sponsor to pay or otherwise compensate you for any of your ideas or materials in any communications with Sponsor, whatsoever. Submissions are not confidential and the Sponsor’s only obligations to you regarding Submissions are as specifically set forth in these Official Rules. Sponsor reserves the right to request from you at any time proof that you maintain all necessary rights in your Submission in order to grant Sponsor the rights required herein in a form acceptable to Sponsor. Failure to provide such proof may lead to, among other things, disqualification from the Contest.
- Selection of Winners by Sponsor. After the conclusion of each Entry Period, each Submission will be reviewed by Sponsor’s panel of judges (the “Submission Review Panel”), who will review and judge all eligible Submissions based on the following judging criteria, weighted as indicated (collectively, the “Judging Criteria”):
- Entrant’s creativity in responding to question provided - 40%
- Originality and uniqueness of Submission - 20%
- Ingenuity of Submission -15%
- Ability to execute within Contest parameters - 25%
One (1) Submission from each Entry Period will ultimately be selected by the Submission Review Panel as a First Prize (as defined below) winner, based on the total score the Submission Review Panel assigns taking into account the Judging Criteria above. Each winner of a First Prize and the Grand Prize shall be considered the potential “Winner,” subject to confirmation that each potential Winner has met the eligibility requirements and complied with these Official Rules. The one (1) confirmed First Prize Winner with the highest total score amongst all six (6) confirmed First Prize Winners will also be deemed the Grand Prize (as defined below) Winner. In the event of a tie during the judging process, the Sponsor will solicit another judge not a part of the initial Submission Review Panel to apply the same Judging Criteria to determine the Winner. The decision of the Sponsor and the Submission Review Panel are final and binding in all matters relating to this Contest, including interpretation and application of the Judging Criteria and these Official Rules. Sponsor’s sole obligation under these Official Rules shall be to award the Prizes to the Winners.
- a. Grand Prize (1): A total of one (1) Grand Prize will be awarded. The Grand Prize Winner will receive a check from Sponsor in the amount of $100,000.00, which may be used by Winner to make their life sweeter as described in their Submission. Sponsor will not assist in any way in the fulfillment or accomplishment of the event or thing listed in the Grand Prize Winner’s Submission. As a condition to accepting the Grand Prize, the Grand Prize Winner will also take part in (and must be available) at no additional cost or fee to Sponsor for one (1) day to record audiovisual content to be released by Sponsor at a date, time and location mutually agreed upon by Grand Prize Winner and Sponsor in the 2022 calendar year (the “Grand Prize”). ARV of the Grand Prize: $100,000.00.
- b. First Prizes (6): (One (1) awarded per Entry Period). Each First Prize Winner will receive a $2,500 check (each, a “First Prize”). ARV of each First Prize package: $2,500.00. Each First Prize shall be awarded to a different person (i.e. the same person shall not qualify to win more than one (1) First Prize).
The Grand Prize and First Prizes may individually be referred to as a “Prize” and collectively referred to as the “Prizes,” unless otherwise specified. The Prizes are not redeemable for cash or transferable. Exact determination of check value awarded to Grand Prize Winner based on description of Grand Prize Winner’s Submission to be determined by Sponsor, in its sole and absolute discretion. The Prizes cannot be used in conjunction with any other promotion or offer. As a condition of accepting the applicable Prize, Grand Prize Winner and First Prize Winners will be required to execute an affidavit of eligibility and liability/publicity release.
- Winner Notification: The First Prize Winner of Entry Period 1 will be selected on or around June 14, 2022. The First Prize Winner of Entry Period 2 will be selected on or around June 28, 2022. The First Prize Winner of Entry Period 3 will be selected on or around July 12, 2022. The First Prize Winner of Entry Period 4 will be selected on or around July 26, 2022. The First Prize Winner of Entry Period 5 will be selected on or around August 9, 2022. The First Prize Winner of Entry Period 6 will be selected on or around August 23, 2022. The Grand Prize Winner will be notified on or around August 28, 2022 via email to the email address that the Grand Prize Winner provided when entering the Contest. Each First Prize Winner will be notified within two (2) business days of the applicable Entry Period selection date via email to the email address that the First Prize Winner provided when entering the Contest OR by phone via the phone number that the First Prize Winner provided when entering the Contest, and the First Prize will be delivered to the applicable First Prize Winner within fourteen (14) calendar days thereof. The Sponsor shall have no liability for a Winner’s failure to receive notices due to mail or email service error, Winner’s spam, junk e-mail, or other security settings, or Winner’s provision of incorrect or otherwise non-functioning contact information. At the sole discretion of the Sponsor, disqualification and the selection of an alternate First Prize Winner for the applicable Entry Period and/or Grand Prize Winner may result from any of the following, without limitation: (i) a Winner’s failure to respond to claim the applicable Prize within 48 hours of notification; (ii) the return of an email notification as undeliverable after two (2) attempts; (iii) a Winner’s failure to provide Sponsor with satisfactory proof of eligibility and/or any requested releases; (iv) a Winner’s failure to execute and return by overnight delivery service any Sponsor-requested documents or Grand Prize Winner’s failure to agree to a date and time for the specified audiovisual content requirement; or (v) any other non-compliance with these Official Rules. In the event of a disqualification or forfeiture of Winner, Sponsor will make reasonable efforts to select an alternate Winner; provided, however, such decision shall be in Sponsor’s sole and absolute discretion and subject to the circumstances and contingencies of the Contest. The Winners will be responsible for all federal, state and local taxes associated with the claiming of the Winner’s Prize, including without limitation, providing any and all tax documents (such as an IRS Form W-9) and will receive an IRS Form 1099 reflecting the consideration received herein. Sponsor shall not be responsible for any typographical or other errors in the administration of the Contest. You shall not have the right, and waive any and all rights, to challenge the results of the Contest. Sponsor’s determination of the Winner of the Contest shall be final and binding. Winner’s receipt of Winner’s Prize offered in this Contest is conditioned upon compliance with any and all federal and state laws and regulations. AT SPONSOR’S SOLE DISCRETION, ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER MAY RESULT IN SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE CONTEST AND IMMEDIATE TERMINATION OF ALL PRIVILEGES AS WINNER.
- Grand Prize Conditions: The depiction of the Grand Prize in any advertising or promotional materials may not reflect the actual prize value to be delivered to the Grand Prize Winner. Grand Prize Winner will not be permitted to make any changes or upgrades to the Grand Prize. Sponsor shall not have any responsibility or liability whatsoever for any property loss, damage, personal injury, or death resulting from Winner’s use of the Grand Prize, or otherwise in connection with the Grand Prize pursuant to the Contest and/or any person’s participation in the Contest. Grand Prize is non-transferable and no substitution or cash equivalent is allowed except as provided herein at the sole discretion of Sponsor.
- Rights Granted by You: By entering this Contest and provided you opt-in on the Contest entry form, you understand and permit that the Sponsor, its subsidiaries and other affiliated entities, employees, agents, licensees, successors, assigns, and anyone else acting by, through, or on behalf of the Sponsor will have the right, where permitted by law, without any further notice, review, or consent to use the information provided on your Submission for marketing and other valid business purposes. To opt-in to granting this right, you must check the opt-in box on the online entry form, or mail a written request, including the name and address used to enter, to: Swisher International, Inc. 459 East 16th Street, Jacksonville, Florida 32206, U.S.A. Provided you opt-in on the Contest entry form, you agree to receive marketing emails and/or mail periodically from Sponsor and its subsidiaries and other affiliated entities, employees, agents, licensees, successors, assigns, and anyone acting by, through, or on their behalf. You can opt-out of receiving this communication at any time by clicking the unsubscribe link in the email or calling the telephone number on the mailing. Opting out of granting this right will have no impact on your chances of winning the Contest.
- Terms: Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. The Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Contest should a virus, technical issue, non-authorized human intervention, fraud, act of God, act of terrorism, epidemics, pandemics (including, but not limited to (a) COVID-19 (a/k/a coronavirus) and/or (b) any communicable disease or threat thereof as such terms are defined in the 2019 Florida Statutes, Title XXIX, Chapter 381.003(1)), or other causes beyond Sponsor’s control that corrupt or affect the administration, security, fairness, or proper conduct of the Contest. In such case, the Sponsor may, in its sole discretion, select a winner from all eligible submissions received prior to and/or after (if appropriate) the action taken by the Sponsor to address the intervening event, and the Sponsor may also cancel the Contest entirely. The Sponsor has the right, in its sole discretion, to maintain the integrity of the Contest. This includes, without limitation, the rights to (i) void submissions for any reason, including but not limited to multiple submissions from the same user from different IP addresses, multiple submissions from the same computer in excess of that allowed by the Official Rules, or entering the Contest by the use of bots, macros, scripts, or other technical means; and (ii) disqualify and/or pursue any legal action against any individual who tampers or attempts to tamper with the entry process, the operation of the Contest or its website, or otherwise violates these Official Rules.
- Release, Indemnification, and Limitation of Liability: By posting a Submission to the Contest, you agree to fully, completely, and forever release, indemnify, and hold harmless Sponsor, and any and all of its parents, subsidiaries, affiliates, and all other related entities, general and limited partners, joint venturers, successors, assigns, beneficiaries, attorneys, insurers, subrogees, advertising and promotional agencies, representatives, agents, principals, employees, officers, directors, and anyone else acting by, for, or through Swisher or Sponsor, from and against any and all claims, demands, actions, cause of action, damages, suits at law, suits in equity, liabilities, illnesses, injuries, death, and any other losses, suffered, incurred, claimed, or brought by you (including any of your beneficiaries, successors, assigns, and anyone acting on your behalf), whether known or unknown, that currently exist or that may arise or occur, directly or indirectly, whether caused by negligence or not, in connection with your attempted submission, or participation in the Contest. This includes, but is not limited to, (i) your acceptance, possession, use, or misuse of any Prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware, or software; (iii) the unavailability or inaccessibility of any transmissions, or of telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Contest; and (v) electronic or human error which may occur in the administration of the Contest or the processing of submissions.
- Any dispute or claim between you, on the one hand, and Sponsor, its parents, subsidiaries, affiliates, agents, employees, and assigns, on the other hand (“Claims”) will be resolved exclusively by binding arbitration, rather than in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. Further, you will not have the right to participate as a representative or a member of a class of claimants. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages).
- Claims include, without limitation, (a) Claims related to or arising out of any aspect of any relationship between you and Sponsor; and (b) Claims relating to the construction, scope, applicability, or enforceability of this arbitration agreement. Claim has the broadest possible meaning and includes disputes based on contract, tort, consumer rights, fraud or other intentional torts, statutes, regulations, common law, or equity. Notwithstanding the foregoing, “Claim” does not include an action to enjoin infringement or other misuse of intellectual property rights, which you or Sponsor may file in court.
- You and Sponsor each agree to notify the other in writing of any Claim and will attempt in good faith to resolve the dispute before beginning an arbitration proceeding. Notice to Sponsor shall be sent to Swisher International, Inc., attn: VP Consumer Marketing, 459 E. 16th St., Jacksonville, FL 32206. If you and Sponsor cannot resolve the dispute between yourselves within 30 days of you or Sponsor providing written notice, either party may initiate an arbitration.
- You and Sponsor agree that the arbitration will be administered by JAMS. The JAMS arbitration rules can be obtained at www.jamsadr.com or 1-800-352-5267. The arbitration will be decided by a single arbitrator selected in accordance with JAMS rules. The arbitrator will take reasonable steps to protect proprietary and confidential information. At your or Sponsor’s request, the arbitrator will issue a reasoned written decision explaining the basis for the award.
- You and Sponsor agree that no class action, private attorney general, or other representative claims may be pursued in arbitration. Unless you and Sponsor agree, Claims of two or more people cannot be joined or consolidated in the same arbitration.
- You and Sponsor agree that this Contest involves interstate commerce and that these Official Rules and any arbitration proceedings are governed by the Federal Arbitration Act. Any Claim or other dispute between the parties will be governed by these Official Rules and the laws of the state of Florida and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
- Modification of Contest Timeline: Sponsor cannot accurately predict the number of entrants who will participate in the Contest. As a result, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest.
- Winners List: To request the name(s) of the Contest Winner(s), or a copy of these Official Rules, please mail your request along with a stamped, self-addressed envelope to: 459 East 16th Street, Jacksonville, Florida 32206, U.S.A. All such requests must be received no later than 5:00PM ET on October 31, 2022.
- Sponsor: The Sponsor of the Contest is: Swisher International, Inc., 459 East 16th Street, Jacksonville, Florida 32206, U.S.A.
- Severability: If any provision of these Official Rules shall be held void, voidable, invalid or inoperative, no other provisions of these Official Rules shall be affected as a result thereof, and, accordingly, the remaining provisions of these Official Rules shall remain in full force and effect as though such void, voidable, invalid or inoperative provisions had not been contained herein.