MEOW MIX GAME SHOW AUDITION
TERMS AND CONDITIONS
Auditioning constitutes your acceptance of these Terms and Conditions.
1. AUDITION DATES:Auditions will be accepted between 9:00 a.m. local time and 6:00 p.m. local time Saturday, June 14, 2008 through Sunday, August 3, 2008, dependent upon the location of the audition. ("Audition Period"). See below for the Audition Schedule.
2. AUDITION MARKETS: Chicago, IL; New York, NY; Tampa, FL; Dallas, TX; Denver, CO; Portland, OR; San Francisco, CA; and Los Angeles, CA (each, a "Market").
3. WHO MAY SUBMIT AN AUDITION: Open to all legal residents of the 50 United States and District of Columbia who are of legal age of majority in their jurisdiction of residence and are the owners of a domestic cat (each, a "Cat-testant"). You cannot be under contract with any company, agency or individual that would prohibit you, or otherwise in any way restrict you, from providing services or making the grant of rights outlined below in connection with this audition if you are selected as a participant. Employees, officers, directors and agents of Del Monte Corporation ("Del Monte"), Game Show Network, LLC;, Grand Central Marketing, Inc., members of the Screen Actors Guild, the American Humane Association, local shelter partners, and their respective parents, affiliates, subsidiaries, and advertising and promotion agencies ("Released Parties"), and their immediate families (spouse, parent, child, sibling and their respective spouses, regardless of where they reside or those living in the same households, whether or not related) are not eligible to audition. Del Monte is seeking only non-professional talent through the auditions, as determined by Del Monte in its sole discretion. In order to be considered, you agree to a background check if you are selected as a potential participant, and understand that no further notice is required to be provided to you by Del Monte. Factors that would result in disqualification as a potential participant include, without limitation, having been charged with or convicted of a felony or misdemeanor, being delinquent on a government ordered payment, such as child support, spousal support, alimony, tax payments, etc. This audition is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law.
4. HOW TO ENTER: To audition, visit the applicable Audition Site (as defined in the chart below) in a Market on the applicable audition dates (see chart below) (each, an "Audition Period"). The audition will consist of three (3) phases (as described more fully below). Each Cat-testant will be required to execute and return a waiver/release of liability and publicity prior to taking part in the audition process, which will be available on-site. Failure to properly execute all required documents required in any phase of the audition process will result in disqualification.
| Date | Market | Audition Site |
|---|---|---|
| June 14 (10am - 4pm) June 15 (12pm - 6pm) |
Chicago, IL | Hotel Allegro 171 West Randolph St. Chicago, IL 60601 |
| June 21 (10am - 4pm) June 22 (12pm - 6pm) |
New York, NY | Helen Mills Theater 137-139 West 26th St. New York, NY 10001 |
| June 28 (10am - 4pm) June 29 (12pm - 6pm) |
Tampa, FL | Grand Hyatt Tampa Bay 2900 Bayport Drive Tampa, FL 33607 |
| July 5 (10am - 4pm) July 6 (12pm - 6pm) |
Dallas, TX | Hotel Palomar 5300 E Mockingbird Lane Dallas, TX 75206 |
| July 12 (10am - 4pm) July 13 (12pm - 6pm) |
Denver, CO | JW Marriott Denver at Cherry Creek 150 Clayton Lane Denver, CO 80206 |
| July 19 (10am - 4pm) July 20 (11am - 5pm) |
Portland, OR | Red Lion Hotel Portland - Convention Center 1021 N.E. Grand Avenue Portland, OR 97232 |
| July 26 (10am - 4pm) July 27 (12pm - 6pm) |
San Francisco, CA | The Prescott Hotel 545 Post Street San Francisco, CA 94102 |
| August 2 (9am - 2pm) August 3 (12pm - 6pm) |
Los Angeles, CA | The Music Box at Fonda 6126 Hollywood Blvd Los Angeles, CA 90028 |
Auditions will be accepted on a first come, first served basis. Dates and times of auditions may be subject to change. Please visit www.MeowMix.com for the confirmed date and time in your market. Del Monte does not guarantee that all individuals who wish to audition will have the opportunity to do so.
Phase 1: Cat-testants will take a written test containing twenty (20) multiple choice questions about general cat knowledge. Eligible tests received for each Market will be graded to determine the number of questions each Cat-testant answered correctly, as determined by Del Monte in its sole discretion.
Phase 2:The Cat-Testant will be evaluated to determine his/her camera friendliness by a feline behaviorist and/or experienced trainer.
Phase 3:Each Cat-Testant and his/her cat will take part in a videotaped segment and interview of each Cat-Testant. Cat-Testant's will be asked to talk about their relationship with their cats and answer questions about their cats. Each Cat-Testant will be evaluated primarily on the camera-friendliness of the "pet-parent" and how he/she interacts with his/her cat. Del Monte reserves the right to not determine a Cat-Testant for any market if, in its sole discretion, it determines it has not auditioned a sufficient number of eligible and qualified Cat-testants. Each Semi-Finalist will be judged by a panel of judges selected by Del Monte. Following this interview process, Del Monte will determine in its sole discretion the three (3) Finalists from each market (first choice and two back-ups), who will be deemed the "potential Game Show Contestants" and required to comply with all requirements imposed by Del Monte.
Note: The audition Phases 1-3 will take approximately ten (10) minutes in its entirety for each Cat-Testant. Cat-Testant's will proceed through each of the three (3) phases as time allows in each market. In the event there is a tie upon the final Phase 3, criteria from Phase 1 (written test); Phase 2 (camera friendliness) will be reviewed to break the tie.
Audition must be in keeping with Del Monte's image and not be offensive, obscene or inappropriate, as determined by Del Monte in its sole discretion, nor shall any audition defame or invade the publicity or privacy rights of any person, living or deceased, or otherwise infringe upon any person's personal or property rights or any other third party rights.
Del Monte reserves the right to disqualify any audition for any or no reason, in its sole and absolute discretion at any time.
5. FINALIST NOTIFICATION: Potential Finalists will be notified by mail, telephone and/or email approximately seven (7) days subsequent to the Phase 3 Audition date and will be required to execute and return such documents, releases and agreements as required by Del Monte, including a background check, all of which must be received fully-executed within the time period specified by Del Monte. Del Monte may eliminate any potential Finalist from further consideration for any reason and at any time, as it determines in its sole discretion. A potential Finalist's cat must be alive and in good health in order to be chosen as a Finalist. In the event it is determined that any potential Finalist has not complied with these Terms and Conditions, has failed to execute and return any required documents within the specified time period, has made false statements or a notification is returned as undeliverable or Del Monte is otherwise unable to contact a potential Finalist within a time period as determined by Del Monte, then such potential Finalist will be disqualified and Del Monte will have no further obligation to him/her.
6.Each Finalist and his/her cat may be videotaped in his/her hometown to capture his/her background story and out-takes of how each Finalist and his/her cat are preparing for the Meow Mix Game Show (collectively, "Hometown Footage"). Hometown Footage, if taken, will be owned by Del Monte who has the right to use, edit, adapt, post, stream, copy and exploit such Hometown Footage and all elements embodied therein, including any names and likenesses embodied therein, in any and all media now known or hereafter devised throughout the world, in perpetuity, for advertising, promotional, trade and other purposes. By becoming a Finalist, each Finalist agrees that his/her house and his/her name and likeness, his/her biographical information, his/her cat, and those of any other individuals present during taping may be included in the Hometown Footage, in Del Monte's sole discretion. Each Finalist agrees to help Del Monte obtain necessary releases if requested by Del Monte to do so.
By participating in the audition process, you hereby grant Del Monte and its designees the right to use any materials obtained by Del Monte or submitted by you during the audition process, as well as your name, your cat, your photographs, and other likeness, performance, voice and other rights personal to you which you provided in connection with your audition, for advertising, promotional and other purposes (including in connection with the Meow Mix Game Show) throughout the universe in perpetuity in any and all media now or hereafter known, without your approval or further notice or compensation to you,.
7. FINALIST TRIP DETAILS: Each Finalist will be flown to Los Angeles for the taping of the game show. on Saturday, August 23, 2008. Trip to Los Angeles includes: roundtrip coach class air transportation form a major U.S. gateway airport nearest Finalist's residence for Finalist and his/her cat, standard hotel accommodations at a cat-friendly hotel for four (4) nights (one (1) room, double occupancy), transportation for the Finalist and his/her cat to/from airport and hotel and to/from the taping; breakfast and lunch, including food for the cat; and a $50 per diem per day which will be awarded as an American Express Gift Card and may be used towards dinner. If a Finalist resides within a 100-mile radius of destination, Del Monte reserves the right to provide ground transportation in lieu of air transportation. Travel will be made through Del Monte's agent, on a carrier of Del Monte's choice. Finalists must comply with all taping rules. Failure to do so may result in disqualification. Finalists must be available to travel between August 23, 2008 though August 27, 2008.travel on dates specified by Del Monte or they will be disqualified and Del Monte will have no further obligation to such Finalists. All costs and expenses associated with trip not specified herein as being provided, including additional transportation, meals and gratuities are the sole responsibility of each Finalist. All details are at Del Monte's sole discretion.
8. GAME SHOW PARTICIPATION DETAILS: Exact details for Meow Mix Game Show participation will be provided at time of potential Game Show Contestant notification. Del Monte is under no obligation to produce or broadcast Meow Mix Game Show or other materials featuring potential Game Show Contestant, or to use any Game Show Contestant in the Meow Mix Game Show or in any other manner Game Show Contestants and his/her cat must be available at times and places for the production of Meow Mix Game Show and other materials as designated by Del Monte, and if Game Show Contestant and/or his/her cat is unavailable, he or she will be disqualified. Del Monte shall have no obligation to reschedule any events to accommodate a Game Show Contestant's availability. All federal, state and local taxes as well as any other costs and expenses associated with appearance and use not specified herein as being provided are the sole responsibility of Game Show Contestants. All details are at Del Monte's sole discretion. Nothing in these Terms and Conditions or any other agreement with participants shall be deemed to create an employment or agency relationship between any of the Released Parties and a Game Show Contestant. Game Show Contestants agree they shall not look to the Released Parties for any compensation, employment and other benefits, except as specifically set forth herein.
9. ADDITIONAL CONDITIONS: Travel, accommodations, meals and tips for each Finalist and/or Game Show Contestant and his/her cat will only be paid for and/or furnished by Del Monte, in its sole discretion. Each cat will attend taping and/or participate in the Meow Mix Game Show (if applicable) as determined by Del Monte. Each Finalist and/or Game Show Contestant (if applicable) may be asked to yield handling duties of his/her cat to a cat handler appointed by Del Monte at the taping and/or the Meow Mix Game Show, in the sole discretion of Del Monte. Some grooming of each cat (in the sole discretion of and paid for by Del Monte) may be required in connection with each cat's participation in the Meow Mix Game Show. Finalists and/or Game Show Contestants must be dressed and groomed appropriately for the taping and/or the Meow Mix Game Show, as determined by Del Monte in its sole discretion. Each cat's photographs and/or likenesses may or may not appear in future Del Monte's marketing communication materials or products as defined by Del Monte in its sole discretion. Cat must be transported in a carrier and attended to by Finalist and/or Game Show Contestant, as applicable at all times while traveling. Cat must also be transported in a carrier and attended to by Finalist and/or Game Show Contestant, as applicable during the Meow Mix game Show and attended to by Finalist and/or Game Show Contestant unless otherwise expressly instructed by Del Monte. Finalist and/or Game Show Contestant may be required to present certificate(s) of cat's good health as determined by Del Monte in its sole discretion. Del Monte reserves the right to cancel the Meow Mix Game Show or disqualify any Game Show Contestant at any time: (a) if a cat dies or suffers any disability or illness, (b) if a Game Show Contestant disparages Del Monte or any of its products in any manner or (c) if Del Monte determines Game Show contestant has not complied with these Terms and Conditions or any agreements entered into by Game Show Contestant. Game Show Contestants may not be spokespersons for, or own, train or handle a cat that is providing promotional services to, a competitor of Del Monte, as determined by Del Monte.
Each Finalist and/or Game Show Contestant is responsible for ensuring the safe travel of his/her cat and for the conduct of his/her cat (including, without limitation, ensuring his/her cat does not bite or otherwise injure any person or animal or otherwise do harm to any property). Finalists and/or Game Show Contestants will be legally responsible for all damages caused by Finalist and/or Game Show Contestant while attending taping and/or the Meow Mix Game Show and traveling to/from taping and/or the Meow Mix Game Show, or due to the breach by Finalist and/or Game Show Contestant of these Terms and Conditions.
10. GENERAL CONDITIONS: Submitting to an audition constitutes permission (except where prohibited by law) to use each your name, your cat, any videos, hometown, likeness, voice, biographical information and photograph and any materials obtained during audition process (whether provided by you or produced by Del Monte) (all at Del Monte's discretion) for future advertising, publicity or otherwise in any and all media now or hereafter devised throughout the world in perpetuity, without additional compensation, notification or permission, except as specifically set forth herein. Released Parties are not responsible for any other errors or malfunctions of any kind, whether network, printing, typographical, human or otherwise relating to or in connection with the auditions, including, without limitation, errors, malfunctions or force majeure events which may occur in connection with the administration of the auditions, the cancellation or postponement of any audition or in any audition-related materials. Del Monte reserves the right to modify, suspend or terminate any audition in any Market at any time. CAUTION: Any attempt to deliberately damage or undermine the legitimate operations of the auditions is a violation of criminal and civil laws. Should such an attempt be made, the Del Monte reserves the right to seek damages and other remedies to the fullest extent permitted by law and to disqualify such person from the applicable audition.
11. ASSIGNMENT OF RIGHTS: In submitting an audition and/or participating in the Meow Mix Game Show, you hereby acknowledge that audition, Meow Mix Game Show and all other materials of every kind whatsoever created by you relating to any audition (collectively, the "Work") are a "work made for hire" (as that term is used in the United States Copyright Act for Del Monte, and Del Monte is the sole and exclusive owner and author of the Work, in perpetuity and throughout the universe, of all right, title and interest in and to the Work, including without limitation all copyrights in and to the Work (and all renewals and extensions thereof now or hereafter provided by law) and all the rights therein and thereto, and may exploit the Work (and all rights therein) in any manner throughout the world without restriction. Without limiting the binding effect of any of the foregoing provisions, in the event that any part of the Work is not deemed to be a "work made for hire" for Del Monte, then you hereby irrevocably and exclusively grant and assign to Del Monte (or, if any applicable law prohibits or restricts such assignment, you hereby grant to Del Monte an irrevocable, exclusive, perpetual, royalty-free, transferable license of) limited right, title and interest in and to such Work, including, without limitation, all rights of every kind and nature (whether now known or hereafter devised, including all copyrights therein and thereto and all renewals and extensions thereof), throughout the universe, in perpetuity, for all purposes, in any and all media, whether now known or hereafter devised.
By submitting an audition, you agree to (i) be bound by the decisions of Del Monte and its agents, which are final and binding in all matters relating to these auditions and (ii) release and hold harmless the Released Parties from all claims, liability or damage caused or claimed to be caused, in whole or in part, directly or indirectly, in connection with participation in these auditions or the Game Show and any travel or activity related thereto (including, without limitation, any physical injury or other harm to you or your cat which may occur during any of the foregoing).
12. ARBITRATION AND CHOICE OF LAW: Except where prohibited by law, as a condition of participating in any audition, you agree that (1) any and all disputes and causes of action arising out of or connected with these auditions, or the meeting appearance, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association ("AAA") and held at the AAA regional office nearest the principal business office of Del Monte; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than your actual out-of-pocket expenses (i.e., costs associated with participating in these auditions), and you further waive all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of you and others who submit to an audition and Del Monte in connection with these auditions, shall be governed by, and construed in accordance with, the substantive laws of the State of New York USA without regard to New York choice of law rules.
MEOW MIX GAME SHOW
OFFICIAL TERMS AND CONDITIONS
No purchase necessary to enter or win.
1. GAME SHOW DATE: The Meow Mix Game Show ("Game Show") recording will take place in Los Angeles, CA on August 25, 2008 and August 26, 2008 between approximately 12:00 PM Pacific Time ("PT") and 8:00 PM PT pm on August 25 and between approximately 8:00 AM PT and 6:00 PM PT on August 26 (the "Game Show Period"). The dates of the recording of the Meow Mix Game Show may be subject to change. Potential Game Show Contestants from the Audition process must be available to travel on August 23, 2008 through August 27, 2008 in order to participate. The show will be broadcast at a later date, at the sole discretion of Del Monte Corporation ("Sponsor").
2. ELIGIBILITY: This Game Show is open exclusively to the eight (8) individuals and their cats selected through the Meow Mix Game Show Audition process (each owner to be referred to as a "Cat-testant"), conducted by the Sponsor between 06/14/08 and 08/03/08 (Meow Mix Game Show Audition Terms and Conditions are incorporated herein by reference), and who have signed (and agreed to) the Depiction Release and all other documentation provided and/or requested by Sponsor, as applicable, including proof in a form satisfactory to Sponsor that each Cat-testant's cat is up to date with all required vaccines. Each Cat-testant's cat may be required to undergo a vet check-up at his/her own expense prior to being declared a Cat-testant. If required by the Sponsor, the cat must be deemed by vet to be fit to participate in Game Show. In the event a vet check is required, the vet will be chosen by Sponsor, in its sole discretion. The cat must be the same cat each Cat-testant presented during the audition process referred to above. Cat-testants and/or their cats cannot be under contract with any company, agency or individual that would prohibit them, or otherwise in any way restrict them, in Sponsor's sole determination from providing services or making the grant of rights outlined below in connection with this Game Show. The Cat-testants may not be spokespersons for, or own, train or handle a cat that is providing promotional or similar services to, a competitor of Sponsor, as determined by Sponsor in its sole discretion. This Game Show is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law.
3. REQUIREMENTS FOR PARTICIPATION IN THE GAME SHOW IN LOS ANGELES, CA: The following guidelines set by the Sponsor should be followed at all times by each Cat-testant throughout the entire Game Show process occurring on August 25, 2008 and August 26, 2008, regardless of whether they are selected to be a Game Show Cat-testant (as defined below):
Cat-testants who, in the sole discretion of the Sponsor, do not comply with all the above requirements at all times will be disqualified.
Cat-testants and their cats must be available at all times during the Game Show recording and any pre-production requirements (8:00 AM-8:00 PM August 23, 2008 - 8:00 AM - 8:00 PM August 27, 2008) and must comply with all taping rules and regulations. If any Cat-testant or cat is unavailable during this time or he/she does not comply with taping rules, Cat-testant may be disqualified. Cat-testants may be required to yield handling duties of their cats to a cat handler appointed by Sponsor at any time during the Game Show production/recording, in the sole discretion of Sponsor. Some grooming of the cats (in the sole discretion of and paid for by Sponsor) may be required in connection with the cats' participation in the Game Show production/recording. Cat-testants must be dressed and groomed appropriately for the taping and/or Game Show, as determined by Sponsor in its sole discretion. Cats must be brought in a cat carrier and attended to by Cat-testants at all times while traveling to and from location of Game Show production/recording as well as during the production/recording of the Game Show, and must also be leashed when requested and appropriate.
Each Cat-testant is responsible for ensuring the safe travel of his/her cat and for the conduct of his/her cat (including, without limitation, ensuring his/her cat does not bite or otherwise injure any person or animal or otherwise do harm to any property). Cat-testants will be legally responsible for all damages caused by them or their cat while attending and/or traveling to and from the taping and/or Game Show production/recording.
All Game Show details are at Sponsor's sole discretion and are subject to change at Sponsor's sole discretion. Nothing in these Official Terms and Conditions or any other agreement with Cat-testants shall be deemed to create an employment or agency relationship between any of the Released Parties (as referenced in the Audition Terms & Conditions paragraph #3) and a Cat-testant.
4. GAME SHOW STRUCTURE: The Game Show will be divided into four (4) rounds as outlined below. Each Cat-testant and his/her cat (each a "Team") will compete against other Teams in order to move on to subsequent rounds, with the ultimate goal of winning a prize (as described below).The rounds as described below are subject to change In Sponsor's sole discretion.
Round 1: Qualifying Challenge/Lightning Round
A branded bowl filled with a small amount of Wholesome Goodness™ cat food will be placed in front of each of the eight (8) cats; the first three (3) cats to finish eating the entire contents of their bowl, as determined by the Sponsor in its sole discretion, will advance to Round 2 along with the respective Cat-testants, who will be deemed "Game Show Contestants." In the event none of the cats finish the entire contents of their bowl of Wholesome Goodness dry cat food, as outlined above, the three (3) to go forward will be assessed based upon the largest amount of food consumed within the allowed time frame, as determined by Sponsor in its sole discretion. In the event of a tie, Sponsor will determine, in its sole discretion, which Teams will advance to Round 2.
Round 2: Are You Smarter Than A Cat?
Game Show Contestants face off in question and answer rounds based on general cat knowledge. To start the round, one of the Game Show Contestants will be chosen randomly to choose the first question from his/her preferred category. There will be six (6) categories containing five (5) questions each. For each category, the first question is worth ten (10) points; second question is worth twenty (20) points; third question is worth thirty (30) points; fourth question is worth forty (40) points and the fifth question is worth fifty (50) points. Each Game Show Contestant will earn the designated number of points for each question answered correctly, as determined by Sponsor in its sole discretion. The designated number of points for a question will be deducted if that question is answered incorrectly. The first Game Show Contestant to answer a question correctly will be the winner of that question and will earn the appropriate number of points for that question. The two (2) Game Show Contestants with the highest score at the end of Round 2 will advance, along with their cats, to Round 3. In the event of a tie, an additional tie-breaking question will be asked to the tied Game Show Contestants. The Game Show Contestant who answers the question correctly, as determined by Sponsor in its sole discretion, will advance to Round 3 with his/her cat. In the event of a further tie, this process will continue until the tie is broken.
Round 3: Think Like A Cat
The two (2) remaining Game Show Contestants will be challenged to think like their cat by predicting their cat's actions. This Round will include the following game:
The Team with the highest score at the end of this Round, as determined by Sponsor, in its sole discretion, will move on to the Grand Prize Round. Scores from Round 3 will not carry forward into Round 4. In the event of a tie, a tie-breaker question will be asked to the Game Show Contestants. The Game Show Contestant who answers the question correctly, as determined by Sponsor in its sole discretion, will advance to the Grand Prize Round with his/her cat. In the event of a further tie, this process will continue until the tie is broken.
Round 4: Grand Prize Round - Meow Mix Million Dollar Challenge
Ten (10) sealed bags of Wholesome Goodness™ cat food will be displayed throughout the set. Each bag will be placed in the center of a ring. Each bag will contain an icon representing one of the proteins found in Meow Mix or Wholesome Goodness products (e.g., shrimp, chicken, salmon, etc.). Eight of the icons will be unique and each will represent a different protein, while only the two remaining icons (the "Matching Icons") will both represent a ninth protein. The Game Show Contestant will be asked to make his/her choice of the first of the two (2) matching bags. Once the Game Show Contestant has chosen the first bag, they will then be asked to place their cat down in the center of the set and his/her cat will each then be asked to choose one of the ten bags by walking up to a specific bag. If the cat does not move towards a bag, and instead either runs under an object on the set or does not move towards any specific bag, the Game Show Contestant will have the opportunity to retrieve his/her cat and place the cat in the center of the set for a second chance to choose one of the ten bags. In the event the cat does not choose one of the ten bags by placing his/her paw in the ring or on the line outlining the ring encircling a specific bag, the Game Show Contestant will then have the opportunity to pick up his/her cat and choose the second matching bag by placing his/her cat inside the ring encircling the chosen bag. If the icons contained in the two chosen bags are the Matching Icons, the Game Show Contestant will win the Million Dollar Grand Prize (see Rule #5 below for details), subject to compliance with these Official Terms and Conditions. If the icons are not the Matching Icons, the Game Show Contestant will receive the First Prize, subject to compliance with these Official Terms and Conditions. Sponsor may alter elements of Game Show as it determines in its sole discretion.
By participating, each Cat-testant consents to the use of his/her name, his/her cat's name, address (cities and states of residence), voice, and statements relating to the Game Show or Sponsor, and image, photographs or other likenesses, and performance in the production/taping of the Game Show, without further compensation, notification or permission, in the production, broadcast, distribution, exhibition, advertising, marketing and promotion of the Game Show and merchandising related thereto, and in any publicity or advertising carried out by Sponsor or its designees, in any and all media now known or hereafter developed without territorial or time limitation, except where prohibited by law.
Sponsor does not have the obligation to broadcast the Game Show at any time or make use of any of the rights granted herein.
5. PRIZES: Potential Finalists will be notified by mail, telephone and/or email approximately seven (7) days subsequent to the Phase 3 Audition date and will be required to execute and return such documents, releases and agreements as required by Del Monte, including a background check, all of which must be received fully-executed within the time period specified by Del Monte. Del Monte may eliminate any potential Finalist from further consideration for any reason and at any time, as it determines in its sole discretion. A potential Finalist's cat must be alive and in good health in order to be chosen as a Finalist. In the event it is determined that any potential Finalist has not complied with these Terms and Conditions, has failed to execute and return any required documents within the specified time period, has made false statements or a notification is returned as undeliverable or Del Monte is otherwise unable to contact a potential Finalist within a time period as determined by Del Monte, then such potential Finalist will be disqualified and Del Monte will have no further obligation to him/her.
One (1) Million Dollar Grand Prize: If Grand Prize is awarded, Grand Prize will consist of $1,000,000.00 for the winner and $100,000.00 donated to his/her local feline-related charity (exact charity will be determined by Sponsor in its sole discretion). The prize, if awarded, will be awarded in the form of two checks (one for the winner and one for the charity). Approximate Retail Value ("ARV"): $1,100,000.
One (1) First Prize (Note: The First Prize will only to be awarded if the Grand Prize is not awarded): The First Prize, if awarded, will consist of $25,000.00, a year's supply of Wholesome Goodness™ cat food awarded as 764 coupons valued at $1500; and $2,500.00 donated to the First Prize winner's local feline-related charity (exact charity will be determined by Sponsor in its sole discretion). The cash portion of prize, if awarded, will be awarded in the form of two checks (one for the First Prize winner and one for the charity). ARV: $29,000.
One (1) Second Prize: The Second Prize (to be awarded to the Game Show Cat-testant who was eliminated in Round 3) will consist of $15,000.00, a year's supply of Wholesome Goodness™ cat food awarded as 764 coupons valued at $1500, and $1,500.00 donated to the Second Prize winner's local feline-related charity (exact charity will be determined by Sponsor in its sole discretion). The cash prize will be awarded in the form of two checks (one for the Second Prize winner and one for the charity). ARV: $18,000
One (1) Third Prize: The Third Prize (to be awarded to the Game Show Cat-testant who was eliminated in Round 2) will consist of $10,000.00, a year's supply of Wholesome Goodness™ cat food awarded as 764 coupons valued at $1500, and $1,000.00 for the Third Prize winner's local feline-related charity (exact charity will be determined by Sponsor in its sole discretion). The cash prize will be awarded in the form of two checks (one for the Third Prize winner and one for the charity). ARV: $12,500.
Five (5) Cat-testant Prizes: Each Cat-testant Prize (to be awarded to the Cat-testants who were eliminated in Round 1) will consist of $1,000.00 and a year's supply of Wholesome Goodness™ cat food awarded as 764 coupons valued at $1500. The cash prize will be awarded in the form of a check. ARV: $2,500/each,
Maximum ARV of all prizes available to be awarded: $1,143.000.00.
For the purpose of these Official Terms and Conditions, each Cat-testant and Game Show Contestant that receives a prize may be referred to as a "winner." Prizes are not transferable and must be accepted as awarded, with no substitutions or cash redemptions (for non-cash portions of prizes) of any kind, except by the Sponsor, who reserves the right to substitute a prize (or portion thereof) with one of comparable or greater value, at its sole discretion. All federal, state and local taxes, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided are each winner's responsibility. Cash prizes will be subject to federal. State and local tax withholding as required by law. Prizes are awarded "as is" with no warranty or guarantee, either express or implied by Sponsor. All prize details are at the Sponsor's sole discretion. Released Parties shall not be held responsible for any delays in awarding any prize for any reason. Prize(s) will only be awarded to a verified official winner.
6. PRIZE AWARD: Each potential winner will become an official winner upon verification of his/her compliance with these Official Terms and Conditions, as described below. If a potential winner is found to be ineligible or declines to accept a prize, the prize will be forfeited and Sponsor will have no further obligation to such winner. Potential winners may be required to execute and return additional documents, if so required by Sponsor. If all required documentation is not completed within ten (10) business days of date of issuance, the prize may be forfeited and Sponsor will have no further obligation to such winner. Verified winners will receive his/her prize subsequent to the airing of the Meow Mix Game Show, which is scheduled to be aired on or about November 15, 2008. Noncompliance with these Official Terms and Conditions will result in forfeiture of the prize and Sponsor will have no further obligation to such winner. All verified Meow Mix game Show winners are not eligible to win a sweepstakes prize in the Meow Mix Think Like a Cat Sweepstakes, running July 20, 2008 through November 30, 2008.
Conditions of Entry:
7. By participating, Cat-testants (i) acknowledge compliance with these Official Terms and Conditions including all eligibility requirements, (ii) agree to be bound by the decisions of the Sponsor and judges, made in their sole discretion, which shall be final and binding in all matters relating to this Game Show, and (iii) release and hold harmless the Released Parties from all claims, liability or damage caused or claimed to be caused, in whole or in part, directly or indirectly, in connection with participation in this Game Show, any travel or activity related thereto (including, without limitation, any physical injury or other harm to you or your cat which may occur during any of the foregoing) and acceptance, use or misuse of a prize. Cat-testants who have not complied with these Official Terms and Conditions are subject to disqualification
8. Sponsor reserves the right to disqualify any Cat-testant's entitlement to a prize if, in the sole discretion of the Sponsor, it determines or suspects that a Cat-testant has attempted to undermine the legitimate operation of the Game Show by cheating, deception, or other fraudulent, deceptive or unfair playing practices.
9. Except where prohibited by law, as a condition of participating in this Game Show, Cat-testants agree that (1) any and all disputes and causes of action arising out of or connected with this Game Show shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the Sponsor; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; (3) judgment upon such arbitration award may be entered in any court having jurisdiction, and (4) they are not eligible to receive any type of award (i.e. royalty payment) in the event the Meow Mix game Show runs in syndication. Under no circumstances will Cat-testants be permitted to obtain awards for, and Cat-testants hereby waive all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than Cat-testants' actual out-of-pocket expenses (i.e., costs associated with participating in this Game Show), and Cat-testants further waive all rights to have damages multiplied or increased.
Disclosures:
10. Released Parties are not responsible for any errors or malfunctions of any kind, whether network, printing, typographical, human or otherwise relating to or in connection with the Game Show, including, without limitation, errors, malfunctions or force majeure events which may occur in connection with the administration of the Game Show, the conducting of the various rounds, the determination of answers and winners, the cancellation or postponement of the Game Show or its broadcast, the announcement of the winner, the tabulation and/or awarding of points or in any Game Show-related materials. Sponsor reserves the right to cancel the Meow Mix Game Show or disqualify any Team at any time in its sole discretion: (a) if a cat dies or suffers any disability or illness, (b) if a Cat-testant disparages Sponsor or any of its products in any manner or (c) if Sponsor determines the Cat-testant has not complied with these Official Terms and Conditions or any agreements entered into by the Cat-testant or (d) in the event Game Show is technically or otherwise impaired or if tampering, unauthorized intervention, fraud, technical failures or other causes corrupt the administration, security, fairness, integrity or proper play of the Game Show.
11. CAUTION: Any attempt to deliberately damage or undermine the legitimate operation of this Game Show is a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys' fees) to the fullest extent permitted by law.
12. In the event of any conflict with any Game Show details contained in these Official Terms and Conditions and Game Show details contained in Game Show materials (including but not limited to point of sale, television, and print advertising, promotional packaging, and other promotion media), the details of the Game Show as set forth in these Official Terms and Conditions shall prevail.
13. If a dispute arises relating to a prize won, the resolution of the dispute shall remain within the sole discretion of Sponsor.
14. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Terms and Conditions, or the rights and obligations of Cat-testant and Sponsor in connection with the Game Show, shall be governed by, and construed in accordance with, the substantive laws of the State of California without regard to California conflicts of law principles. All Cat-testants consent to the jurisdiction and venue of the State of California.
15. The invalidity or unenforceability of any provision of these Official Terms and Conditions 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 Official Terms and Conditions 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. In particular, Sponsor's employees are not authorized to waive, modify or amend any provision or provisions of these Official Terms and Conditions in any manner whatsoever.
16. This Game Show is solely sponsored by Del Monte Corporation, One Market @ The Landmark, San Francisco, CA 94105.
17. For a list of winners (available after November 15, 2008), go to www.meowmix.com for the list of winners. This list will be available through February 28, 2009