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Lipton® BRISK® Emerging Artist Contest ("Contest")

Official Rules


TO ENTER, YOU MUST READ THE OFFICIAL CONTEST RULES BELOW. YOU MUST AGREE TO THE RULES BY CLICKING THE CHECKBOX WHERE INDICATED WHEN ENTERING THE CONTEST. NO PURCHASE NECESSARY. VOID WHERE PROHIBITED.

  1. CONTEST PERIOD: Lipton® BRISK® Emerging Artist Contest at begins 3:00:01 p.m. ET on March 24, 2010 and ends on 2:59:59 p.m. ET on May 28, 2010 ("Contest Period"). The computer of the Sponsor is the official time-keeping device in the promotion.
  2. SUBMISSION PERIOD: You may create and submit original artwork ("Submission") in the Contest between 3:00:01 p.m. ET on March 24, 2010 and 11:59:59 p.m. ET on April 29, 2010 (the "Submission Period"). The term "Submission" may also include but is not limited to, designs, ideas, concepts and communications in connection with your entry in the Contest.
  3. HOW TO ENTER:
    1. There are two ways to qualify for entry in the Contest:
      • Participating School entrant — recruited on-campus through events/local campus marketing administered by a BRISK® Campus Rep at one of the thirty (30) selected college/university campus in which you are enrolled.
      • Other Campus entrant — artists from any other college/university campus that is not one of the selected thirty (30) college/university campuses.
    2. You must register through a link provided by the Sponsor and upload your submission to Sponsor's website (the "Website"). Follow the directions on the Website to register or update an existing profile. Registration includes having a complete and valid postal mailing address (street/city/state/zip code) and phone number on file at the Website in order to be contacted by mail in the event your Submission is selected as a Semi-Finalist or Finalist in the Contest.
    3. You must be 18 years of age or older (19 in NE and AL) and a legal resident of the United States enrolled for at least one class in one of the thirty (30) listed colleges or universities ("Participating Schools"). If you are not enrolled in one of the Participating Schools, you may still enter in the Other Campus category ("Other Campus").
    4. Visit the Website and use the tools provided on the Website to upload your submission. All Submissions must be uploaded no later than 11:59:59 p.m. ET on April 29, 2010 in order to be eligible for the Contest.
    The maximum image size that can be uploaded is 1200 x 1200 pixels. All individuals who enter a Submission on the Website ("Participants") must strictly comply with these Official Rules as well as the Privacy Policy of the Website. All Submissions must be entered by an individual Participant. No group or collaborative Submissions will be allowed. The Website is governed by the Freedom Zone Privacy Policy.

    Limit of one (1) Submission per person for the duration of the Submission Period. If a Participant submits more than one (1) Submission to this Contest, only his/her first Submission will be entered and any additional Submissions will be void and ineligible for the Contest.

    All Submissions will be reviewed for content before being published or posted for voting; however, such review does not relieve Participant from responsibility for compliance with these Official Rules. Acceptable qualifying Submissions will be posted on www.facebook.com/liptonbrisk via a Facebook application on or about May 3, 2010. Submissions that do not comply with these Official Rules or that otherwise contain prohibited, or inappropriate content as determined by the Sponsor, in its sole discretion, will be disqualified and will not be published or considered. Sponsor makes the final determination as to which Submissions are eligible to take part in this Contest and be considered for inclusion. From time to time during the Submission, Sponsor may, in its sole discretion, choose to feature some recent Submissions on the Website. Being featured on the Website is unrelated to the voting and in no way reflects the possibility of the Submission being considered as a Semi-Finalist or Finalist in the Contest.

    If you enter a Submission through one of the Participating Schools, you may be invited to participate in a "Gallery" event at the Participating School (if enrolled in a Participating School) where your concept will be showcased at the event. Gallery events are tentatively scheduled to be held between April and May 2010. The Gallery schedule for each Participating School will be posted on the Website no later than 3 weeks prior to the Gallery event. Sponsor reserves the right to cancel, postpone or reschedule any Gallery event in its sole discretion.
  4. PARTICIPATING SCHOOLS:
    Boston University Loyola Marymount Syracuse University
    Buffalo State (SUNY) Oregon State University Temple University
    CalPoly - Pomona Penn State University University of California, Riverside
    California State University, Chico Rutgers University University of Maryland
    California State University, Fresno Salem State College University of Michigan
    Cornell University San Jose State University University of Oregon
    Duquesne University Seattle Pacific University University of Pittsburgh
    Erie Community College Siena College University of Rhode Island
    Humboldt State University Sonoma State University University of Southern Maine
    Johnson & Wales University Stony Brook University (SUNY) Willamette University
  5. ELIGIBILITY:
    All entrants must be 18 years of age or older (19 in AL or NE) as of March 24, 2010 and a legal resident of the United States and enrolled for at least one class in an accredited college or university. Potential Semi-Finalists and Finalists may be required to provide proof of legal U.S. residency and proof of enrollment if requested by Sponsor to determine eligibility. Employees of PepsiCo, Inc., Unilever United States, Inc., the Pepsi/Lipton Tea Partnership and its bottlers, and each of their respective parent companies, subsidiaries, affiliates, divisions, distributors, suppliers, printers, distributors and advertising and judging agencies and the immediate family members (parent, child, sibling, spouse) and persons living in the same household as such employees (whether related or not) are not eligible to participate or win.
  6. CONSUMER VOTING:
    1. Campus Voting Period: Between 3:00:01 p.m. ET on May 3, 2010 and 2:59:59 p.m. ET on May 14, 2010 (the "Campus Voting Period") consumers will be allowed to vote on their favorite Submission for each Participating School and the Other Campus.

      Once the Campus Voting Period has ended, the Sponsor will tally the number of votes for each of the Submissions. The Submission at each Participating School and from the Other Campus with the greatest number of votes will be deemed a Semi-Finalist. If there is a tie among the Submissions after the Campus Voting Period has ended, the Sponsor will review the tied Submissions and will break the tie based on Judging Criteria as stated below.
    2. Semi-Finalist Voting Period: Between 3:00:01 p.m. ET on May 17, 2010 and 2:59:59 p.m. ET on May 28, 2010 (the "Semi-Finalist Voting Period") consumers will be allowed to vote on their favorite Semi-Finalist Submission from each Participating School and the Other Campus category.

      Once the Semi-Finalist Voting Period has ended, the Sponsor will tally the number of votes for each of the Semi-Finalist Submissions. The ten (10) Semi-Finalist Submission with the greatest number of votes will be deemed a Finalist. If there is a tie among the Semi-Finalist Submissions after the Semi-Finalist Voting Period has ended, the Sponsor will review the tied Semi-Finalist Submissions and will break the tie based on Judging Criteria as stated below.

      Voting is open to consumers who are 18 years of age or older at the time of voting. There is a limit of five (5) votes per day per registered and valid e-mail address. For purposes of these rules, a day is defined as 3:00:01 p.m. ET to 2:59:59 p.m. ET. The computer clock of Sponsor's webmaster is the official timekeeping device of the Contest.
  7. FINALIST JUDGING CRITERIA:
    One the ten (10) Finalists have been chosen, a panel consisting of individuals from the Lipton® BRISK® brand team and its advertising agencies (the "Judges") shall select three (3) winning Submissions based on the criteria below:

    Originality 33%
    Creativity 33%
    Relevant BRISK® branding     34%

    Potential winning Submissions will be those Submissions that the Judges, in their sole and absolute discretion, deem to best meet the Judging Criteria and the spirit of the Contest. Each Submission will be judged based on attributes deemed to be relevant by the Judges. The decisions of the Judges shall be final and binding in all respects.
  8. FINAL DESIGN:
    Once the winning Submissions have been chosen by the Judges indicating the Participant ("Artist") they would like to work with to create a final design ("Final Design"), the Artists will be contacted via email address provided on or before June 10, 2010. Each Artist will be required to sign and return a Design Agreement (sent to the postal address provided at registration) assigning all rights, title, interest and goodwill in the Final Design to the Sponsor and Unilever United States, Inc. (in addition to an Affidavit of Eligibility Liability release) within ten (10) days of notification and will be awarded the Grand Prize of a $10,000 Scholarship upon delivery of their Final Design. In the event the Artist does not return the Agreement within the stated time frame, they will be disqualified and an alternate Artist will be selected by the Judges based on the Judging Criteria as outlined above.

    The Artists will be briefed by the Lipton® BRISK® design team and the Lipton® BRISK® brand team on June 14, 2010 and asked to create label art for BRISK® Iced Tea packaging. They will have approximately four (4) weeks (July 16) to deliver two (2) design options that will be reviewed by the brand team, design team, legal and trademark. One (1) design will be chosen and the Artist will be given instructions indicating any necessary adjustments to be made by the Artist. The final design will be submitted no later than July 16, 2010.

    If, for whatever reason, the Judges deem that none of the Final Designs are capable of being replicated on BRISK® Iced Tea packaging or find that none of the Final Designs are up to the high standards for BRISK® Iced Tea packaging, the Judges and Sponsor may either reject all Final Designs or may in their sole discretion, modify, alter or in some other way change the Final Design so that it is acceptable to the Judges and Sponsor.
  9. PRIZES:
    Three (3) Grand Prizes will be awarded. Each Grand Prize consists of a $10,000 scholarship, issued directly to the school they are enrolled in or in the form of a check made payable to the winner. Depending on the nature of the Final Design, the Winner may need to re-create the design in high resolution or another format as required by Sponsor. One (1) of the Final Designs may also be featured on BRISK® Iced Tea packaging for release in 2011.

    Grand Prize winners are solely responsible for paying all applicable federal, state and local taxes on the Grand Prize and may receive an IRS Form 1099 for the actual value of the prize. Grand Prize recipients should consult their own tax advisors regarding any tax liability. No substitution of prize is offered, no transfer of prize to a third party is permitted, except as determined by the Sponsor in its sole discretion.
  10. CONTEST TERMS OF SUBMISSION:
    As conditions of entry into this Contest and by uploading a Submission, each Participant represents and warrants that:
    1. their entire Submission: (i) is wholly original; (ii) has been legally obtained or created; (iii) does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party or violate applicable laws, regulations or network standards; (iv) has not been entered into a previous contest or has received any awards; (v) has not been published previously in any medium; (vi) the Participant has not granted or transferred any rights in or to the Submission to any third party prior to the date of Submission; and (vii) Participant has not done anything which has impaired and will not do anything to impair the rights granted to Sponsor in any way.
    2. if their Submission is selected to be one of the Finalists they will complete, sign and return within three (3) days the Release Form in which the Finalist will acknowledge that the Submission is a "work for hire" and will irrevocably assign and transfer to the Sponsor any and all rights, title, goodwill and interest in and to the Submission, including without limitation, all copyrights, trademarks and waive all moral rights in such Submission.
    3. if their Submission is selected to be one of the three (3) winning Final Designs they will execute and return within ten (10) the Design Agreement in which the Artist will acknowledge certain representations and warrantees in connection with the Final Design and will irrevocably assign and transfer to the Sponsor any and all rights, title, goodwill and interest in and to the Final Design, including without limitation, all copyrights, trademarks and waive all moral rights in such Final Design.
    4. by entering a Submission, Participant agrees to indemnify and hold harmless, PepsiCo, Inc., Unilever United States, Inc., the Pepsi/Lipton Tea Partnership, Facebook, Inc., and its bottlers and each of their respective parent companies, and its and their subsidiaries, affiliates, successors, licensees, and assigns, and each of their directors, officers, agents, equity holders and employees, from and against any and all claims, losses, costs, damages, liabilities and costs and expenses (including reasonable attorneys' fees costs) which arise out of any breach of any of their Submission, covenants, agreements, obligations, representations or warranties set forth herein.
  11. LIMITATIONS ON LIABILITIES; REMEDIES: By submitting a Submission, Participant agrees that:
    1. any and all disputes, claims and causes of action arising out of or connected with their Submission will be resolved individually, without resort to any form of class action;
    2. any and all claims, judgments and awards will be limited to actual third-party, out-of-pocket costs incurred, but in no event will attorneys' fees be awarded or recoverable;
    3. under no circumstances will Participant be permitted to obtain any award for, and Participant knowingly and expressly waives all rights to seek, punitive, incidental, consequential or special damages, lost profits and/or any other damages;
    4. they irrevocably waive any right to seek injunctive or equitable relief; and
    5. they release and indemnify and hold harmless Sponsor and the Judges from any and all claims that any commercial, advertising, presentation, web content or any other material subsequently produced, presented, and/or prepared by or on behalf of Sponsor infringes on the rights of Participant's work as contained in any Submission.
  12. GENERAL CONDITIONS:
    All Participants must be registered on the Website. The name of the individual submitting the Submission must be the name of the person who registered on the Website with such email address, and the authorized account holder of such email address, otherwise, Submission may be deemed void. Sponsor reserves the right to reject any and all Submissions which it believe may infringe on the rights of any third parties or do not comply with these Official Rules, in its sole discretion. In the event of dispute over the identity of a Participant, a Submission will be declared made by the authorized registered user of the Web Site through which the Submission was entered and potential Semi-Finalist or Finalist may be required to provide identification sufficient to show that he/she is the authorized account holder of such account. It is the sole responsibility of the entrant to notify the Sponsor in writing if the entrant changes his or her e-mail or postal address during the Contest Period. To do so, go to the Website, click on "Update Profile" and follow the instructions on how to update your profile. By participating, Participants agree to these Official Rules and the Web Site Privacy Policy which are final and binding in all respects. Upon completion of the Contest, the winners will be notified by e-mail, phone and/or mail at the e-mail address, phone number and/or address provided on their registration and will be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release as well as a Design Agreement within ten (10) days of its receipt or Grand Prize will be forfeited. If any of the required documents are returned as undeliverable without a forwarding address, then the Participant will forfeit their winner position. If for any reason the Contest is not capable of running as planned, 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 the Contest, Sponsor reserves the right, at its sole discretion to cancel, modify or terminate the Contest. Further, Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Contest or any Sponsor website; (b) violating the Official Rules; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any property or service, or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Sponsor reserves the right to require a potential Semi-Finalist Finalist or to submit to a confidential background check to confirm eligibility and help ensure that the use of any such person in advertising or publicity for the Contest will not bring the Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Contest as determined by Sponsor in its sole discretion. This Contest is offered only in the United States and is governed by the laws of the state of New York.
  13. MISCELLANEOUS:
    These Official Rules and their performance will be binding on Participant and their heirs, administrators, executor, successors and assigns. The construction, validity, interpretation and enforceability of the Official Rules will be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice of law or conflict of law rules. Notwithstanding the foregoing, Participant acknowledges that Sponsor may nonetheless (1) seek to obtain injunctive or other equitable relief from a court to enforce the provisions of these Official Rules and/or; (2) bring an action in court to protect or interpret any of Sponsor's purported intellectual property rights. These Official Rules will not be assignable by Participant. Sponsor, its bottlers and their respective parents, successors and assigns, will have the unlimited right to assign these Official Rules and the rights granted at any time, in whole or in part, to any party. Participant will execute any documents (after being afforded a reasonable opportunity to review and/or confirm the same) and do any other acts as may be reasonably required by Sponsor to further evidence or effectuate Sponsor's rights as set forth in these Official Rules and Participant appoints Sponsor as their attorney-in-fact (which appointment is irrevocable and coupled with an interest), with full power of substitution and delegation, but only to execute any and all such documents, or perform such acts, which Participant fails to execute (after being afforded a reasonable opportunity to review and/or confirm the same). Facebook is not affiliated or the sponsor of the contest.
  14. RELEASE OF LIABILITY
    All entrants, as a condition of participation, and all winners, by acceptance of a prize, agree to release Facebook, Inc., Unilever United States, Inc., PepsiCo, Inc., Pepsi-Cola Company, The Pepsi/Lipton Tea Partnership, its bottlers, each of their respective parents, subsidiaries, divisions, affiliates, suppliers, divisions, distributors and advertising, promotional agencies from any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses to persons and property which may be sustained in connection with the receipt, ownership or use of the prize or while preparing for, participating in, and/or traveling to and from any prize-related activity or any typographical or other error in the printing of these Official Rules or the offering or announcement of any prize. Sponsor makes no representations or warranties of any kind concerning the appearance, performance or safety of any prize awarded. Winners must consent (and confirm such consent in writing) to the use of their name, artwork, picture or other likeness without compensation for promotional purposes as determined by the Sponsor, except for residents of TN and where prohibited by law.
  15. SPONSOR: The Pepsi/Lipton Tea Partnership, 700 Anderson Hill Road, Purchase, NY 10577