OCEAN SPRAY® REVL FRUITS™ GROWUPNEVER CONTEST

Official Rules

NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.

BY SUBMITTING A VIDEO IN THIS CONTEST, THE ENTRANT HEREBY ACKNOWLEDGES AND AGREES THAT THE VIDEO MAY APPEAR ON SPONSOR’S WEBSITE, SOCIAL MEDIA CHANNELS, AND/OR BE USED IN ANY FUTURE MARKETING COMMUNICATIONS WITHOUT NOTICE OR COMPENSATION.

BY ENTERING THE CONTEST, EACH ENTRANT AGREES TO THESE OFFICIAL RULES.

  1. Eligibility:  The Ocean Spray® Revl Fruits™ GrowUpNever Contest (the "Contest") is open only to legal residents of the 50 United States and District of Columbia who are 18 years or older (or 19 if resident of AL or NE). Void where prohibited by law. No purchase necessary to enter the Contest.   Employees of Ocean Spray Cranberries, Inc., One Ocean Spray Drive, Lakeville-Middleboro, MA 02349 (the "Sponsor"), Brandmovers, Inc., 1519 Carroll Dr. NW, Atlanta, GA 30318 ("Administrator”) (collectively with Sponsor the "Released Parties”), and any of their respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Contest and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members of each such employee are not eligible to enter or win.  The Contest is subject to all applicable federal, state and local laws and regulations.  Participation constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to the Contest.  Winning a prize is contingent upon fulfilling all requirements set forth herein.
  2. Contest Periods:  The Contest consists of the following two (2) time periods and deadlines:
    • a) The entry period begins on July 31, 2024 at 12:00:01 AM Eastern Time (“ET”) and ends August 14, 2024, at 11:59:59 PM ET (the “Contest Entry Period”).
    • b)The judging period will occur from August 15, 2024 through August 30, 2024 (“Judging Period”).
  3. How to Enter.   To enter the Contest, during the Contest Entry Period (defined in Official Rule #2(a) above) visit www.growupnever.com (“Website”) post a video telling/showing why you are an adult that’s never grown up and why you would not take the job seriously (“Submission”) to automatically receive one (1) entry into the Contest. Or, to enter without posting the Submission directly to the Website, you may post the Submission on your TikTok or Instagram page using the hashtags #GrowUpNeverContest and tagging @RevlFruits to automatically receive one (1) entry into the Contest. LIMIT ONE (1) ENTRY PER PERSON DURING THE ENTIRE CONTEST PERIOD, regardless of the method of entry. The Submission cannot exceed sixty seconds (:60). All Submissions must be received by 11:59:59 PM ET on August 14, 2024, to be eligible for the Contest. Sponsor is not responsible for any technical issue relating to the Submission, including any issues with uploading the Submission. Limit one (1) entry per person during the entire Contest Entry Period. All submissions must comply with the Submission Entry Requirements listed below.

    This Contest is not sponsored, endorsed, administered by or associated with TikTok or Instagram. By entering, you are providing your information to Sponsor and not to TikTok or Instagram.

  4. Submission Entry Requirements:   Entrants agree to and understand that Submissions will be made available to the public, including without limitation, posting on the Internet and may appear in Sponsor’s advertising and marketing materials. Whether or not Submissions are published on the Internet, Sponsor does not covenant or guarantee any confidentiality with respect to any Submissions.
    • a)  The Submission must not have been submitted previously in any Contest of any kind or exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends and family) through any means previously.
    • b)  Each Submission must be an original creation of the submitting entrant which is under no restriction, contractual or otherwise, that will prevent Sponsor's use of the Submission and each Submission must be free of any and all liens, encumbrances and claims of third parties. ​​Entrant acknowledges, agrees and warrants that, nothing in the Submission infringes on any copyrights, confidential information, trade secrets or trademarks belonging to any person or entity other than the Submission absent a suitable license, clearance or permission agreement (proof of which is required upon submission), or violates any person's rights of privacy or publicity and that all necessary releases and permissions have been secured.  Entrant agrees to indemnify and hold harmless each of the Released Parties and their respective parent, subsidiaries, and affiliates and each of their respective officers, directors and employees, from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by entrant of these Official Rules or the warranties and representations made by entrant in this paragraph.  Modifying, enhancing or altering a third party's pre-existing work does not qualify as the entrant's original creation.  
    • c)  By uploading the Submission, the entrant agrees, for zero (0) compensation, monetary or otherwise, to automatically grant upon submission to Sponsor all intellectual property rights in the Submission and each of its constituent parts, which rights include, without limitation, the Sponsor's right to publish, make available to the public and/or reproduce the Submission through any media available at any time during or after the Contest Period on any related websites and social media pages, in any promotional materials, whether related or unrelated to the Contest, and at any other location, whether physical or online, that Sponsor, in its sole discretion, deems appropriate and necessary for the operation and promotion of this Contest. In addition, entrant warrants that any so called "moral rights'' in the Submission have been waived and entrant acknowledges and agrees that Sponsor may use any ideas from any Submission or other submitted materials, whether or not entrant has been awarded a prize in connection with any such Submission or other materials.  Entrant hereby agrees to release, defend, indemnify and hold harmless each of Released Parties, and each of their parent, subsidiaries, and affiliates and each of their respective owners, employees, directors, officers, agents, and subcontractors from all claims, demands, and causes of action of any nature whatsoever which entrant or entrant's heirs, representatives, executors, administrators, or any other persons acting on entrant’s behalf or on behalf of entrant’s estate, have or may have by reason of: (i) Sponsor's exercise of any rights granted by entrant in this paragraph; (ii) claims based on violation of any right of publicity or rights of personality, infringement of copyright or trademark, libel, slander, defamation, invasion of privacy, loss of earnings or potential earnings in connection with Sponsor's use of the Submission entry and any portion thereof, or the likeness of any natural person therein.
    • d)   Entrants are responsible for securing necessary permissions, talent and location releases, and licenses for any visual material contained in the Submissions.

    Submission Content Restrictions

    Submissions must not contain material that:

    • a)  Contains or depicts someone smoking, drinking alcohol, or intoxicated;
    • b)  Violates or infringes another's rights, including without limitation, privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
    • c)  Contains material that 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;
    • d)  Contains any unacceptable clothing or adornments, or displays any commercial/corporate advertising other than that of Sponsor (including but not limited to corporate logos, brand names, trademarks, slogans, political, personal and religious statements);
    • e) Contains indecent or unsafe behavior or situations, profanities or obscenities, including but not limited to nudity, or pornography, or is otherwise inappropriate, indecent, profane, obscene, hateful, tortuous, slanderous or libelous;
    • f)  ​​​References persons without their written permission;
    • g)  Disparages any persons or organizations;
    • h)  Includes threats to any person, place, business, or group;
    • i)  Is unlawful, in violation of or contrary to all applicable federal, state, or local laws and regulations.

    Failure of any Submission to comply with the above “Submission Guidelines,” "Submission Requirements," and "Submission Content Restrictions," as determined by Sponsor and Administrator, in their sole discretion, may result in disqualification of the Submission. Without limitation, Sponsor reserves the right in its sole discretion to disqualify any Submission that, in its sole opinion, refers, depicts or in any way reflects negatively upon the Sponsor, its products or services, the Contest or any other person or entity, does not comply with these Official Rules or if Sponsor or Administrator receive a notification about any potential infringements or breaches of law or any other reason set forth herein. All Submissions shall become the exclusive property of Sponsor and will not be returned. Submissions must be suitable for presentation in a public forum, in sole determination of Sponsor. 

  5. Judging Criteria: During the Judging Period, all eligible Submissions received during the Contest Entry Period in each Theme will be judged by an ​​independent judging panel using the following judging criteria and percentages: (a) Appropriateness to the Theme (50%); (b) Personality (20%); (c) Creativity in the video (30%). The highest scoring Submissions using the preceding Judging Criteria will be deemed the Grand Prize winner. In the event of a tie, the Submission with the highest score in the appropriateness to the Theme criteria will be deemed the Winner from among all tying Submissions. The winner be notified by Sponsor or Administrator via a Direct Message on TikTok or Instagram, as applicable, on or about September 2, 2024.
  6. Prize and Approximate Retail Value (“ARV”) – One (1) Grand Prize -   A one-time payment of $50,000.00 awarded in the form of a check made out to Grand Prize winner; and a lifetime supply of Revl Fruits™ Juice which equates to one (1) carton of 32 oz Revl Fruits™ juice per week for the winner’s lifetime or until $11,000.00 USD in Revl Fruits™ juice products or equivalent 32 oz. juice products have been awarded to the winner, whichever occurs sooner, in the form of manufacturer coupons to be mailed to the Grand Prize winner’s address. ARV: Up to $61,000.00. Grand Prize Winner is responsible for all federal, state and local taxes, as well as any costs, taxes, and expenses associated with the Grand Prize. All Grand Prize details are at Sponsor’s sole discretion. Grand Prize is not transferable, not substitutable and supply of Revl Fruits is not redeemable for cash; except that Sponsor may substitute the Grand Prize, or portion thereof, for one of equal or greater value for any reason.
  7. Participation Conditions/Release/Consent to use Likeness:   By participating, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor which are binding and final in all matters relating to this Contest; (b) release and hold harmless the Released Parties from and against any and all claims, expenses, and liability, including, but not limited to, negligence and damages of any kind to persons and property, including, but not limited to, invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant's participation in this Contest, and acceptance or use or misuse of prize; (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorney’s fees) arising out of or relating to an entrant's participation in the Contest and/or entrant's acceptance, use or misuse of prize; and (d) allow Sponsor’s use for promotional purposes of his/her likeness, voice and/or address (city/state) without any additional compensation.
  8. General Conditions:   Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, for any reason whatsoever, including, without limitation, fire, flood, natural or man-made pandemic or epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction or if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the participation process or the operation of the Contest or to be acting in violation of these Official Rules or any other Contest or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Only the type and quantity of prize described in these Official Rules will be awarded.  The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision.  In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
  9. Limitations of Liability:   he Released Parties as set forth above are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited, to malfunctions, interruptions or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the participation process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of phone calls; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Contest or receipt or use or misuse of any Prize.
  10. Privacy Policies and Data Collections:   Information provided by you for this Contest on the entry form, including is subject to Administrator’s Privacy Policy: http://www.brandmovers.com/legal/privacy; or Sponsor’s privacy policy: https://revlfruits.com/policies/privacy-policy as applicable. By entering this Contest, each entrant agrees that the Sponsor and/or Administrator has the right to contact the entrant by phone, direct message, or email accounts provided on the Entry Form to administer and fulfill this Contest.
  11. Disputes/Governing Law:   Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest, other than those concerning the administration of the Contest or the determination of Winners or for any disputes arising from the loss or injury from the participation in a Prize, shall be resolved individually, without resort to any form of class action; (ii) any disputes arising out of these Official Rules (except for any disputes arising from the loss or injury from the use of Prizes) shall be submitted to final, binding arbitration conducted in Massachusetts under the Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Services Inc. before a single, neutral arbitrator who is a former or retired Massachusetts state or federal court judge with experience in entertainment matters who shall follow Massachusetts law and the Federal Rules of Evidence and have no authority to award punitive damages. Either party may enforce a final arbitration award in any court of competent jurisdiction in Massachusetts, including an award of costs, fees and expenses incurred in enforcing the award. Notwithstanding the foregoing, Released Parties shall be entitled to seek injunctive relief (unless otherwise precluded by any other provision of these Official Rules) in the state and federal courts of Massachusetts. Any dispute or portion thereof, or any claim for a particular form of relief (not otherwise precluded by any other provision of these Official Rules), that may not be arbitrated pursuant to applicable state or federal law may be heard only in a court of competent jurisdiction in Massachusetts; (iii) 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 (iv) 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 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. 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 Massachusetts, without giving effect to any choice of law or conflict of law rules (whether of the State of Massachusetts or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Massachusetts.
  12. Official Rules: For a copy of these Official Rules see the Website.
  13. Sponsor:  Ocean Spray Cranberries, Inc., One Ocean Spray Drive, Lakeville-Middleboro, MA 02349.

    Administrator:   Brandmovers, Inc., 519 Carroll Drive NW Atlanta, GA 30318.