 Pretzelmaker’sCHEER WITH A TWIST VIDEO CONTEST OFFICIAL RULES NO PURCHASE IS NECESSARY TO ENTER OR WIN. 1. Contest Period/Sponsor: The "Cheer with a Twist" Video Contest ("Contest") will begin at 12:00 AM Eastern Time ("ET") on January 7, 2011 and end at 11:59 PM ET on March 31, 2011 ("Contest Period"). Contest is sponsored by PM Brand and Marketing Fund, LLC and PT Brand and Marketing Fund, LLC (collectively, the "Sponsor"). 2. Eligibility: The Contest is intended for viewing and participation in the 50 United States and the District of Columbia ("U.S.") only and shall only be construed and evaluated according to U.S. law. All members of a Cheer Squad must be legal U.S. residents of the 50 United States or the District of Columbia age 16 or older. Any member of a Cheer Squad who has not reached the age of majority must obtain permission from his/her parent or legal guardian prior to participating in this Contest. To participate in the Contest, the Entry Spokesperson must have Internet access. Employees, officers, directors, manager and members of Sponsor, GFG Management, LLC, and the respective parent company, affiliates and subsidiaries, advertising and promotion agencies and anyone working on the implementation of the Contest or fulfillment of any prizes, ("Contest Entities"), as well as the immediate family members (parents, children, siblings, spouses) and/or persons living in the same household (whether related or not) of each are not eligible to participate in any Video entered into the Contest. All federal, state and local laws and regulations apply. Void where prohibited by law. 3. How to Enter: To enter the Contest, visit www.Facebook.com/pretzelmaker ("Contest Page"), complete the Contest registration form, include your birthdate and upload a video of your Cheer Squad executing an original cheer ("Cheer") incorporating Sponsor's brand name, "Pretzelmaker®," and a "Twist" (the "Theme"). The Video submitted should be submitted by one entrant ("Entry Spokesperson") who will submit the Video on behalf of the entire Cheer Squad performing on the video ("Video"). The Contest registration form and Video are collectively an "Entry". The Video will be uploaded using YouTube® functionality. Videos must comply with YouTube's "YouTube Community Guidelines" set forth at www.youtube.com/t/community_guidelines as well as the Posting Requirements below. Final determination of eligibility of any Video will be made by the Sponsor in its sole right and discretion. The maximum length of the Video is two (2) minutes with a maximum size of 100 MB. The Contest registration form requires the first name, last name, date of birth, email address of the Entry Spokesperson, and the names of all the persons on the Cheer Squad who are depicted in the Video (collectively, the "Cheer Squad"). All Entries must be received during the Contest Period and no later than 11:59 PM ET on March 3, 2011. The Cheer Squad and Entry Spokesperson are responsible for all costs associated with the production, conversion and uploading of the Video. Limit one Entry per Cheer Squad. Sponsor reserves the right to disqualify any Entry Spokesperson (or e-mail address) that submits more than one Video and the same Video, or a substantially similar Video or Cheer should not be submitted by more than one Entry Spokesperson. Videos of the same or substantially similar Cheer Squad or Cheer or those that are submitted in duplicate will not be considered. Cheers that do not pertain to the Theme will not be considered and will be removed. The Sponsor and Released Parties are not responsible for lost, late, misdirected or incomplete Entries. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. BY SUBMITTING AN ENTRY, ENTRY SPOKESPERSON ACKNOWLEDGES ON BEHALF OF THE CHEER SQUAD THAT THE ENTRY SUBMITTED MAY BE POSTED ON SPONSOR'S WEBSITE, SPONSOR'S YOUTUBE® CHANNEL OR ON SPONSOR'S FACEBOOK PAGE IN SPONSOR'S RIGHT AND DISCRETION AND THAT VIEWERS WILL BE INVITED TO COMMENT ON THE POSTED VIDEOS. COMMENTS WILL HAVE NO BEARING ON WHETHER AN ENTRY WILL BE DETERMINED THE WINNER OF ANY PRIZE. In the event of a dispute regarding the identity of an Entry Spokesperson who actually submitted an Entry, the rights to any performance depicted within the Video, or any potential violation of third party rights, the Entry will be disqualified. 4. REQUIREMENTS FOR ENTRY: The Entry Spokesperson must obtain permission to submit the Video prior to submitting the Video in this Contest. The Entry Spokesperson represents and warrants: (i) that the Video, and all elements thereof, including the Cheer, are the original creation of the Cheer Squad and do not incorporate materials not owned or created by the Cheer Squad, is not copied from any other work and does not infringe upon the rights of any third party and the Cheer Squad owns all right, title and interest to the Cheer and Video except to the extent any elements of the Video are in the public domain or to the extent any elements of the Video are owned or were created by a third party ("Third Party Participant(s)") or any person is depicted in the Video ("Identifiable Person(s)"), in which case the Entry Spokesperson has obtained permission from said Third Party Participants or Identifiable Persons (which include all individuals who are part of the Cheer Squad) to grant the rights granted herein ("Clearances") (ii) that the Video, or any elements thereof, has not been previously published, has not won previous awards and was created in a legal and safe manner, (iii) that the Video is free and clear of any liens, conflicting contractual rights or other claims with respect to the use of the Video in the manner authorized herein, (including, but not limited to the right to record and/or publish the Video); (iii) that use by the Sponsor of the Video as granted herein will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights or interests of any third party, or give rise to any claims for any payment whatsoever, including but not limited to claims for re-use fees or residuals, and (iv) that the Video is not and will not be defamatory, trade libelous, pornographic or obscene. In the event that any member of the Cheer Squad, any Third Party Participant or Identifiable Person has not reached the age of Majority in the state in which they reside ("Minor"), the Clearance must be signed by a parent or legal guardian. All Identifiable Persons, including each member of the Cheer Squad, must be over the age of 16 and anyone who is a Minor (under the age of 18, or, under the age of 21 if resident of Mississippi or under the age of 19 if a resident of Alabama or Nebraska), who participates in this Video must obtain permission from his/her parent or legal guardian. NO BACKGROUND MUSIC IS PERMITTED. NO SHOOL UNIFORMS CONTAINING SCHOOL NAMES OR LOGOS CAN BE USED WITHOUT OBTAINING THE SCHOOL'S PERMISSION. Video and Entry must conform to the following Posting Requirements to be eligible:
Entries which do not conform to these Posting Requirements will be disqualified. Sponsor further reserves the right, in its sole and unfettered right and discretion, to verify at any time during the Contest that all necessary Clearances have been obtained and to disqualify and remove any Entry if it believes that the necessary Clearances have not been obtained. Should any Clearance received not be in an acceptable format, the Sponsor may elect to provide a release form, which must be completed and returned prior to the Sponsor's requested date. Sponsor also reserves the right to disqualify any Entry submitted by an Entry Spokesperson who is not in compliance with these Official Rules or who acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person, as determined in Sponsor's sole right and discretion. Once an Entry is received it cannot be modified or edited. 5. Prizes: One (1) Grand Prize of up to $5,000, and two (2) Runner Up Prizes of up to $2,500 each (for a total cash prize of up to $10,000) will be awarded. The Grand Prize will be awarded in the form of either a maximum of $500 to each member of the Cheer Squad depicted in the Grand Prize winning Video or if there are more than 10 individual members of the Cheer Squad depicted in the Video, then $5,000 divided equally among all members of the Cheer Squad (collectively, "Award Recipients"). The Runner Up Prizes will be awarded in the form of either a maximum of $250 to each individual member of the Cheer Squad depicted in the Runner Up winning Video or if there are more than 10 individual members of the Cheer Squad depicted in the Video, then $2,500 divided equally among all members of the applicable Cheer Squad (collectively, "Award Recipients"). All local, state and federal taxes are the sole responsibility of Award Recipients.. Prizes are not exchangeable or transferable. All decisions by Sponsor as to Award Recipients and prizes, as well as all aspects of the Contest, are final and binding. 6. Award Recipients Determination: The Grand Prize and Runner Up winning Videos will be determined from among all Videos received during the Contest Period by a panel of judges selected by Sponsor based upon the following criteria: Appropriateness to Theme-30%, Original and Creative aspects of the Cheer such as twists, spins or stunts-30%, Suitability for Trade and Advertising Usage-30%, and Production Quality-10% ("Judging Criteria"). In the event of a tie the tying Entries will be determined based upon the highest score for Appropriateness to Theme. In the event of a second tie, the tying Entries will be re-judged based upon all the Judging Criteria. All Award Recipients may be subject to verification, including without limitation, verification of eligibility, compliance with these Official Rules and completion of Clearances or other evidence of compliance with these Official Rules. 7. Award Recipient Notification: The potential Award Recipients will be contacted through the Entry Spokesperson by email and/or telephone or USPS mail in the form acceptable to Sponsor in its sole right and discretion. Each Award Recipient will be required to sign an Affidavit of Eligibility and Liability/Publicity Release ("Release"), and return it within 14 days of written notification. If an Award Recipient is a Minor the Release must be signed by that Minor's parent or legal guardian. If a prize or prize notification is returned as unclaimed or as undeliverable to the Entry Spokesperson, if Entry Spokesperson cannot be reached within three (3) calendar days from the first notification attempt or after 3 email attempts an email comes back as undeliverable, or if Entry Spokesperson fails to return any requisite document within the specified time period, or if a potential Entry Spokesperson or Cheer Squad is not in compliance with these Official Rules, then the entire Entry and Cheer Squad may be disqualified and, at Sponsor's sole right and discretion, the next Runner Up will be notified. Entry into the Contest constitutes permission (except where prohibited) for the Sponsor to use said Entry Spokesperson's and Cheer Squad individuals' names, photographs, likenesses, statements, biographical information, voices and addresses (city and state), in all forms of media, in perpetuity, without notice or further compensation. 8. Ownership Of Video: The Entry Spokesperson and Cheer Squad retain ownership of the Video (and the Cheer depicted therein) submitted, but by entering they collectively waive all moral rights in the Video and Cheer, and, on behalf of the Cheer Squad and any Third Party Participants or Identifiable Persons, Entry Spokesperson hereby grants Contest Entities the perpetual, fully-paid, irrevocable, non-exclusive license to reproduce, prepare derivate works of, distribute, display, exhibit, transmit, digitize, otherwise use, and permit others to use and perform throughout the world the Video or Cheer in any manner, form, or format now or hereinafter created, including on the internet, and for any purpose, including, but not limited to, advertising or promotion of Contest Entities and Contest Entities' goods and/or services, all without further consent from or payment to Entry Spokesperson, members of the Cheer Squad, Identifiable Persons, Third Party Participants or any other third parties. Sponsor reserves the right to post the Videos on the Sponsor’s websites but Sponsor has no obligation to post or publish a Video and any such publication or postings will be in Sponsor’s sole right and discretion. In addition, by submitting a Video, Entry Spokesperson and the Cheer Squad acknowledge that, by acceptance of an Entry, Contest Entities, do not waive any rights to use similar or related ideas that might be contained in a Video which were previously known to Sponsor, or developed by the respective employees, or obtained from sources other than the Entry Spokesperson, or rights to use similar or related ideas without any restriction whatsoever, or further obligation to the Entry Spokesperson, the Cheer Squad, or any Third Party Participants, Identifiable Persons or other third party. In the event of any dispute or potential dispute regarding the Entry, Video or Cheer, or the composition of the Cheer Squad, or Third Party Participants, Identifiable Persons or any third party, or if Sponsor has reasonable grounds for suspecting any breach or abuse of these Official Rules or any third party rights by any person involved in an Entry, the Entry may be disqualified in Sponsor’s sole right discretion. Once a Video is selected as a potential Prize winner the potential Award Recipients agree to irrevocably assign, convey and otherwise transfer to Sponsor, and the successors and assigns, any and all right, title, and interest in perpetuity throughout the world in and to their Video and Cheer, including, without limitation, any and all copyrights, trademarks, contract and licensing rights, moral rights or "droit moral," and other intellectual property and proprietary rights in the Video and Cheer, and the exclusive right to edit, change, revise, reproduce, display, perform, publish, distribute, license, sublicense, and sell the Video or Cheer, in whole or in part, and to prepare, use, and exploit derivative works or improvements thereof, in all forms and media now or hereafter known, including material in digital and electronic media, computer, audio and audiovisual versions, and translations and adaptations, all in any language throughout the world and in Sponsor's sole discretion in perpetuity. Without limiting the foregoing, Entry Spokesperson, on behalf of the Cheer Squad, hereby waives and releases Sponsor, from any and all claims that any said persons may now or hereafter have in any jurisdiction based on such "moral rights" or "droit moral" or unfair competition with respect to Sponsor's exploitation of the Video or Cheer without further compensation of any kind to any member of the Cheer Squad, Third Party Participants or Identifiable Persons, or any third party. Award Recipients shall execute and deliver such documents, at Sponsor's expense, as requested by Sponsor or as may be necessary to vest in Sponsor the rights and waivers provided herein. Award Recipients agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Contest Entities, or any other person, on the grounds that any use of the Video, or any derivative works, infringe or violate any of their rights therein. Entry Spokesperson, on behalf of the Cheer Squads' members,'grants the Contest Entities the right to associate the Video with the Cheer Squads' members' name, image, likeness, hometown, and biographical information, without limitation and without compensation. Neither the Entry Spokesperson nor the Cheer Squad shall receive any compensation or credit for Sponsor's use of the Videos or Entries, other than that disclosed in these Official Rules. 9. Release And Governing Law: By participating, Entry Spokespersons, on behalf of the Cheer Squad (and the parents or legal guardians of each individual Cheer Squad member if any are Minors) (a) agree to be bound by these Official Rules and the decisions of the Sponsor and the judges which shall be final in all respects, (b) agree that they are bound by Sponsor’s Terms of Use, Privacy Policy, and other site policies and requirements regarding the uploading and posting of their Video, (c) agree that any dispute arising under this Contest will be governed by, and construed in accordance with, the laws of the State of Georgia, United States of America, without giving effect to any choice of law or conflict of law rules, (d) consent to the jurisdiction and venue of the federal, state, and local courts located in Fulton County, Georgia, and (e) hereby agrees on his/her behalf, and on behalf of his/her respective heirs, executors, administrators, legal representatives, successors and assigns (collectively, the "Releasing Parties") to release, defend, and hold harmless Contest Entities, and the respective officers, directors, agents, representatives and employees; and those individuals' respective successors, representatives and assigns (collectively, the "Released Parties") from any and all actions, causes of actions, suits, or liability whatsoever for loss, harm, damage, injury, lost profits, indirect or direct damages, consequential damages, incidental damages, punitive or exemplary damages, judgments, costs or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with participation in the Contest and/or acceptance or use or misuse of any awarded prize, known or unknown and waives all rights and benefits which they now have or in the future may have under and by virtue of the terms of certain state laws, which laws may generally provide that a general release does not extend to claims which the releasing party does not know or suspect to exist in its favor at the time of executing the release, which if known by him may have materially affected his decision to grant such a release. Entry Spokespersons agree to indemnify and hold the Released Parties harmless from and against any claims arising out of a breach by Entry Spokesperson or any individual member of the Cheer Squad of any of the representation and warranties contained in these Official Rules. 10. Limitation Of Liability: The Released Parties shall not be liable for: (i) late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, garbled or unintelligible entries, communications or documents, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays, inability to upload or download or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused by any prize or resulting from the acceptance, possession or use or misuse of such prize, or from participation in the Contest; or (v) any printing, human typographical, administrative or technological errors in any materials associated with the Contest. Sponsor disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Contest, and reserves the right, in its sole discretion, to cancel, modify or suspend the Contest should a virus, bug, computer problem, unauthorized intervention, human error or other error, corrupt the administration or security of the Contest. Sponsor shall not be responsible if the Contest cannot be implemented or if a prize cannot be awarded due to delays or interruptions due to acts of God, acts of war, strikes, governmental action, natural disasters, weather or acts of terrorism or otherwise. Sponsor makes no representation or guarantee, expressed or implied, in fact or in law, with respect to any prize and specifically disclaims all such warranties, including, without limitation, any warranty of merchantability or fitness for a particular purpose. Any and all disputes, claims, and causes of action arising out of or in connection with this Contest, shall be resolved individually, without resort to any form of class action. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS CONTEST. ENTRY SPOKESPERSON, ON BEHALF OF THE CHEER SQUAD (AND THE PARENTS OR LEGAL GUARDIANS OF ANY SUCH INDIVIDUAL WHO IS A MINOR) HEREBY WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEY/LEGAL FEES, PENALTIES, LOST OR DAMAGED DATA, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF THE ENTRY SPOKESPERSON, INDIVIDUALS ON THE CHEER SQUAD, IDENTIFIABLE PERSONS, THIRD PARTY PARTICIPANTS, OR OTHER THIRD PARTIES, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE CONTEST PAGE OR SPONSOR'S WEBSITES OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE CONTEST. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY/LEGAL FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. 11. Privacy: Any personally identifiable information collected during any person's or Cheer Squad's participation in this Contest will be collected by Sponsor and used by Contest Entities for purposes of the proper administration and fulfillment of the Contest as described in these Official Rules and as set forth in Sponsor's published privacy policy (www.pretzelmaker.com/privacy). 12. Award Recipients List: To request a copy of the Award Recipient list, please send a self-addressed, stamped business size envelope, by May 30, 2011, to: "Cheer with a Twist " Video Contest Award Recipient List, c/o GFG Management, LLC 1346 Oakbrook Dr, Suite 170, Norcross, GA 30093 13. Sponsor: PM Brand and Marketing Fund, LLC and PT Brand and Marketing Fund, LLC, c/o GFG Management, LLC, 1346 Oakbrook Dr., Suite 170, Norcross, GA 30093. Sponsor and Released Parties are not affiliated with www.facebook.com or www.youtube.com or the YouTube® or Facebook® sites. YouTube® and Facebook® are not sponsors of this Contest.
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