iMix America Contest Rules and Regulations
1. Contest application is open to United States residents (including Guam and Puerto Rico) only between 13 and 19 years of age. Identification must be produced upon request. Employees of Kahala Corp and its subsidiaries and affiliates (“Kahala”), employees of Cold Stone Creamery franchises, contest sponsors, advertising and promotional agencies and their respective affiliates and associates and such employees' immediate family members and persons with whom such employees are domiciled are excluded from this contest.
2. There is NO PURCHASE REQUIRED to apply to be a contestant or to be a contestant. HOWEVER, ONLY ONE CONTEST APPLICATION ENTRY MAY BE SUBMITTED PER PERSON.
3. All contest applicants must apply via the iMix America web site (www.imixamerica.com). Contest applications by any other means will not be accepted under any condition.
4. Contest applicants are required to provide truthful, current, complete information in all contest application entries and Kahala will disqualify any entry that Kahala believes, in its sole discretion, to be false or fraudulent. Kahala will also disqualify and destroy any entry received from persons under the age of 13 in compliance with the Children’s Online Privacy Protection Act.
5. All contest applications must be received by midnight June 12, 2008.
6. The contest is divided into four (4) progressive competitive brackets. The initial set of first bracket contestants will be selected by the judges based on responses provided by contest applicants to the Contest Application Questionnaire found at www.imixamerica.com.
7. Decisions of the contest judges are final.
8. The first bracket will include up to 1,350 initial contestants; the second bracket will include 125 winners from the first bracket; the third bracket will include 20 winners from the second bracket; the grand prize and runner-up winners will be selected from the winners from the third bracket.
9. Each initial first bracket contestant will be required to create their own “signature” ice cream creation (the “Creation”) with the assistance of a local Cold Stone store.
10. Bracket winners will be determined based on the total number of votes cast by purchasers of a contestant’s Creation during that respective bracket competition period.
11. Bracket competition periods are as follows:
- First Bracket (“Like It”) – August 11, 2008 through September 30, 2008
- Second Bracket (“Love It”) – October 1, 2008 through November 15, 2008
- Third Bracket (“Gotta Have It”) – November 16, 2008 through December 31, 2008
12. Kahala reserves the right to modify the bracket competition periods without prior notice.
13. Prize values are as follows:
- Second Bracket Winners - $50 Cold Stone Creamery gift card
- Third Bracket Winners - $250 music download gift card
- Grand Prize Runner-Up Winner - $4,000 value pack (cellular, computer and/or travel related)
- Grand Prize Winner - $30,000 value pack (automotive, cellular, computer and/or travel related)
14. By participating in the contest and/or claiming a prize, a winner authorizes the use of, without additional compensation, his or her name and/or likeness and/or voice/photograph and municipality of residence for promotion and/or advertising purposes in any manner and in any medium (including without limitation, radio broadcasts, newspapers, and other publications and in television or film releases, slides, videotape, distribution over the internet and picture) which Kahala may deem appropriate.
15. In accepting a prize, the winner acknowledges that Kahala may not be held liable for any loss, damages or injury associated with accepting or using the prize(s).
16. Winners must sign a release form as prepared and accepted by Kahala acknowledging their acceptance and understanding of the complete contest rules.
17. All expenses not specified in these rules as being part of the Grand Prize, including, without limitation, all applicable Federal and state taxes (including, without limitation, sales and income taxes), insurance, title, registration, license fees, costs of maintenance and repair, and any other incidental or personal expenses, are solely Grand Prize Winner’s responsibility and will not be paid for, or reimbursed by, Kahala. Kahala retains the rights, in its absolute and sole discretion, to make substitutions of equivalent kind or approximate value in the event of the unavailability of any prize or component of the prize for any reason whatsoever.
18. This contest is subject to all federal, state and municipal laws and is therefore void where prohibited.
19. Kahala reserves the right to withdraw or terminate this contest at any time without prior notice.
20. The iMix America Contest is governed by the laws of the State of Arizona without regard to its conflict of laws principles, with venue in Maricopa County, Arizona and all claims must be resolved in the state or federal courts of Maricopa County, Arizona.
21. Where permitted by law, Applicants release and hold harmless Kahala, Cold Stone Creamery, and their subsidiaries, affiliates, parents, directors, officers, agents or employees from any claims, actions, injury, loss or damage of any kind, including but not limited to, personal injury or death, resulting from participating in this Promotion or from the acceptance, possession, or use or misuse of any prize awarded. This limitation of liability is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect, or consequential damages; loss of data, income or profit; loss of damage to property; and claims of third parties.
22. Only the intended number of prizes as outlined in these Official Rules will be awarded. If, for any reason, more prize claims are received than the number of prizes offered at any level as set forth in these Official Rules, Kahala reserves the right to award the intended number of prizes through a random drawing from among all eligible prize claims received for the prize level at issue.
23. SPONSOR: This Contest is sponsored by Kahala Franchise Corp., 9311 E. Via de Ventura, Scottsdale, Arizona 85258
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