NO PURCHASE NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING
1). ELIGIBILITY: The Be StrongContest (“Contest”) is open to established cheerleading squads of accredited schools and organized cheerleading gyms (“Squad” or “Entering Squad”) whose members (minimum of 8 members and maximum of 30 members) are legal residents of the fifty (50) United States and the District of Columbia, between the ages of 12 and 18 at the time of entry and whereby the Squad is lead by an academic or athletic leader of the Squad (“Coach”) who is at least 18 years of age or older at time of entry. Employees of Sponsor, DraftFCB, American Cheerleader Media, LLC, and each of their parent companies, agents, affiliates, subsidiaries, milk processors, milk distributors, milk farmers, sales representatives, distributors, retailers, contractors, partners, and each of their respective parent companies, advertising, fulfillment, promotion and interactive agencies, contractors and any others engaged in the development, production or distribution of promotion materials for this Contest, and their immediate families (spouse, parents, siblings and children, and each of their spouses, regardless of residence) and persons residing in the same households of each of these individuals, whether related or not ("Promotion Entities"), are ineligible to enter or win. Void where prohibited by law.
2). ENTRY PERIOD Contest will begin on 8/30/11 at 12:00:00 AM Eastern Time (“ET”) and the period to enter the contest shall end on 10/12/11 at 11:59:59 PM (ET) (“Contest Entry Period”).
3). HOW TO ENTER: As a Coach or a member of the Squad who is age 13 or older (“Representative”), you can visit www.americancheerleader.com/bestrong during the Contest Entry Period and on behalf of your Squad, submit a URL for a video that is 2 minutes or less that you have uploaded to YouTube using a format accepted by YouTube (“Video”) that shows us (1) what makes your squad unique, (2) How is lowfat chocolate milk an important part of your squad’s recovery routine, (3) why do you think your squad is stronger than the rest (“Entry”). You must get written permission of your Squad’s parents or legal guardians (“Parent”) before submitting the Entry. As a Representative, your Squad will receive one (1) Entry into the Contest when, on the behalf of your Squad, you submit the Entry by following the online contest entry instructions. If the Video is more than two minutes in length, only the first two minutes will be judged. Any Video uploaded and submitted as the Entry that does not adhere to the guidelines mentioned in the Official Rules may not be judged at the sole discretion of the judges and/or Sponsor. Your Entry should not contain any music. Any Entry containing music will be ineligible. Limit: One Entry per Squad. Entries generated by script, macro or other automated means will be void. All Entries received in excess of the stated limitation will be void. All Entries become the sole property of the Sponsor and will not be returned.
4). CONTEST ENTRY REQUIREM/ENTS/CLEARANCES:
(a) Content and Originality. Each Entry must be the original work of the Entering Squad, may not have been previously published and may not have won previous awards.
(b) No Names and Likeness Without Permission: The Entries must not use individuals’ names, in whole or in part (except for the Entering Squad members’ first names); refer to public figures; contain materials embodying the names, likenesses, or other identifying elements of any person, living, or dead without permission.
(c) No Illegal, Offensive or Inappropriate Content. The Entries must not, in the sole and unfettered judgment of the Sponsor, contain words, images or statements considered offensive to individuals of any race, ethnicity, religion, sexual orientation, or socioeconomic group nor contain material that is unlawful, sexually explicit, libelous or content that potentially infringes on their party rights. Content must be in keeping with Sponsor’s reputation and image, at Sponsor’s sole discretion.
(All of the above requirements and criteria, collectively named the “Requirements & Clearances”). Any failure to meet the above requirements may result in disqualification.
(d) Entering Squad’s Warranty and Authorization to Sponsor: By submitting an Entry, Entering Squad warrants and represents that the Entry has been created by the Entering Squad as an original work, and all required third party releases (if any) have been obtained in writing and that the Entering Squad consents to the Entry and to its posting on the Internet in connection with the Contest, and that if the Entering Squad is under 18 years of age, s/he has received parental permission to enter this Contest and make this warranty.
5). JUDGING TO SELECT CONTEST WINNERS: A panel of judges selected by the Sponsor (“Judges”) will select the top 20 semi-finalist squads (“Semi-Finalist Squads”) from all eligible Entries based on the following equally weighed criteria: on-air presence, delivery of milk message; creativity and originality; and incorporation of cheerleading elements (stunts, signs, pom pons, etc). The Representatives of each of the 20 semi-finalists will be notified about their Contest Entry’s selection on or before November 3, 2011. The 20 Semi-Finalist videos (“Semi-Finalists Videos”) will be posted on www.americancheerleader.com/bestrong for the public to vote (“Vote”) on their favorite videos between November 4, 2011 and December 2, 2011 (the “Voting Period”). Limit: one (1) Vote per Semi-Finalist Video per day per voter. After the Voting Period is over, the Entering Squad with the highest number of Votes will be the potential grand prize winning Squad (“Potential Winning Squad”) who will be announced on or about December 5, 2011. In the event of a tie, tied Entries will be re-judged by Sponsor on the criteria listed above. On or about December 12, 2011, the Potential Winning Squad will be asked to complete and return documents including but not limited to, [a] Prize Acceptance Conditions (that outlines their responsibilities should they be chosen as the Grand Prize Winning Squad) and [b] an Affidavit of Eligibility/Release of Liability, [c] Sponsor Model Release Form, and [d] agree to a background check and sign a background check authorization. All required documents must be completed and returned by December 19, 2011.
6). PRIZES AND APPROXIMATE RETAIL VALUES ("ARV"): The Grand Prize winning squad (“Winning Squad”) receives the following:  $5,000 awarded to the Winning Squad (not to any individual member, but to the squad entity itself) to be used for any purposes deemed for the good of the Winning Squad (this money will be awarded as a check and reportable/taxable as required by IRS statutes), and  the opportunity for the Winning Squad members to attend a photo shoot together (“Shoot”) and the selected photo(s) from the Shoot (at Sponsor’s sole discretion) will appear in a Milk Mustache ad (“Ad”) in a 2012 issue of American Cheerleader Magazine (“Prize”). The Squad Coach will not appear in the Ad. The Shoot will take place in the Winning Squad’s home town in which case each member of the Winning Squad and its Representative will be responsible for getting to location of the Shoot with their Representative (with their Parent’s or Legal Guardian’s written permission) or a Parent of Legal Guardian. If for some reason, the Shoot takes place in a location different from the Winning Squad’s hometown, the Winning Squad will receive a trip to the location of the shoot (“City”). If the Shoot takes place in the Winning Squad’s hometown then the Prize has no monetary value. If the Shoot takes place anywhere other than the Winning Squad’s hometown then the Sponsor will award a Trip to the location of the Shoot.
The following will only apply if the Shoot takes place in a location other than the Winning Squad’s hometown:
Travel to the alternate location (the “Trip”) will include hotel accommodations (one standard room/quad occupancy, including room tax) for two (2) nights; hotel/Shoot transfers; if the Winning Squad’s hometown is located more than two hundred fifty (250) miles from the City, round-trip coach air transportation on a Sponsor-selected carrier between a Sponsor-selected major metropolitan airport near Winning Squad’s hometown (“airport of origin”) and International Airport closest to the City; or if Winning Squad’s hometown is located less than two hundred fifty (250) miles from the City, round-trip ground transportation via a Sponsor-selected method between Winning Squad’s hometown and the hotel. If the Sponsor has to award a trip, the ARV of each member of the Winning Squad’s trip would be $1,500 per member and the total ARV would be $45,000. In the event that the trip is taken to attend the Shoot, each member of the Squad (or his or her parent or legal guardian if the member is a minor) will be responsible for the taxes associated with his/her trip. Each member or his/her parent or legal guardian will receive a 1099 MISC form by the Administrator in the value that will be equivalent to the cost of his/her trip if the cost is $600 or more. All expenses not specifically mentioned herein are not included and are solely the responsibility of the member of the Winning Squad who incurred the expense, including but not limited to: round trip transportation between the winner’s residence and any airport of origin, alcoholic beverages, fax, food, gratuities and tips, insurance, laundry service, merchandise, parking, room service, service charges, airline luggage fee charges, souvenirs and telephone calls. Travel and accommodations are subject to availability, certain restrictions, blackout dates and Sponsor’s approval. Airline carrier and hotel regulations and conditions apply. Winning Squad must travel on dates specified by Sponsor. Any member of the Winning Squad that is not available to travel on the dates specified by Sponsor will forfeit all rights to his/her portion of the Grand Prize and his/her portion of the Prize is not transferable or substitutable. Travel must be made through Sponsor’s agent and Sponsor shall determine airline and flight itinerary in its sole discretion. Releasees are not responsible for cancellation or postponement of Shoot, and if such occurs the prize will be awarded without that element, without further compensation or reimbursement. Releasees are not responsible for airline cancellations and delays. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. ARV will vary depending upon points of departure and destination and seasonal fluctuation of hotel rates and airfares. If the actual value of a Grand Prize is less than the stated ARV, the difference will not be awarded. Airline tickets issued in conjunction with the Grand Prize are not eligible for frequent flyer miles, and no code share flights may be used. Grand Prize cannot be used in conjunction with any other promotion or offer. Each member of the Winning Squad and Representative are solely responsible for obtaining all necessary travel documents (i.e. valid photo I.D., etc.) before departure. The Coach must chaperone his/her Squad with each member’s parent or legal guardian’s written permission. The parents and/or legal guardians of each member of the Squad must execute a release/permission form to allow his/her child to travel with their child’s Squad Coach. All legal responsibilities of each member of the Winning Squad under these Official Rules will be assumed by a Parent; and their portion of the Prize will be awarded in the name of the Parent for the benefit of the Minor. At the sole discretion of the Administrator, disqualification, forfeiture and the selection of an alternate Winning Squad may result from any of the following:  potential Winning Squad Representative’s failure to respond to notification within 2 business days after transmission;  the return of an email notification as undeliverable after three (3) attempts;  the return of any other notice or a prize as undeliverable;  potential Winning Squad members’ failure to provide Administrator with satisfactory proof of age, identity and residency;  potential Winning Squad Representative’s failure to provide Administrator with satisfactory proof that he/she (or Parent) is the authorized account holder of the Address associated with the winning Entry;  potential Winning Squad members’ or its Representative’s failure to provide required additional information upon Administrator’s request;  potential Winning Squad Representative’s failure to execute and return an Affidavit of Eligibility/Liability/Publicity Release or any other documentation mentioned herein within five (5) business days after its mailing;  potential Winning Squad member(s)’ and/or Representative’s failure to be available to make the Trip on Sponsor-selected dates  potential Winning Squad’s failure to claim any prize within four (4) business days after it is sent;  any other non-compliance with Rules.
Contest prize elements may not be separated. Sponsor reserves right to substitute the Prize (or components of the Prize) for prize of equal or greater value. No other substitutions or transfers of Prize permitted. If the Squad has to take a trip to attend the Shoot, then each member of the Winning Squad will be responsible for the taxes on their actual cost of their trip. If the members are minors, his/her Parent or legal guardian is responsible for the taxes. By accepting Prize, each member of the Winning Squad grants Sponsor the right to use his/her names, hometowns, likenesses, and/or prize information for promotional purposes in any medium without additional compensation to the extent permitted by law.
7). GENERAL RULES: By entering the Contest, Entering Squads release and hold harmless the Sponsor, Draftfcb, Ventura Associates International LLC., American Cheerleader Media, LLC, participating prize providers, and any of their respective parent companies, subsidiaries, affiliates, directors, officers, employees and agencies (collectively, the "Promotion Entities") against any and all claims and liability arising out of participation in the Contest or any Contest-related activity, including from Winner's use or misuse of the Prize. Each member of an Winning Squad assume all liability for any injury or damage caused, or claimed to be caused, by participation in this Contest or use/redemption of Prize. Each member of an Entering Squads agree to be bound by these Official Rules and the decisions of the Judges and Administrator which are final and binding on all matters relating to this Contest. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the Prize. Neither Sponsor nor any of the Promotion Entities is responsible for any electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission of Entries, theft or destruction or unauthorized access to or alterations of Entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind. If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, then Sponsor shall have the right to modify, suspend, or terminate the Contest. In the event of termination, a notice will be posted online and all eligible Entries received prior to termination will be judged or drawn from, per these Official Rules. Any use of robotic, automatic, programmed or similar methods of participation will void all such Entries by such methods. SPONSOR RESERVES THE RIGHT IN ITS SOLE AND UNFETTERED DISCRETION TO DISQUALIFY ANY ENTERING SQUAD OR ITS MEMBER THEROF OR ITS REPRESENTATIVE WHO TAMPERS OR IS SUSPECTED OF TAMPERING WITH THE ENTRY. CAUTION: ANY ATTEMPT BY AN ENTERING SQUAD TO DELIBERATELY DAMAGE ANY WEBSITE, INCLUDING BUT NOT LIMITED TO, THE WEBSITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OR OTHER RELIEF FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW.
8). ARBITRATION: This Contest shall be governed by and interpreted under the laws of the State of New York, U.S.A. without regard to its conflicts of laws provisions. Entering Squads hereby agree that any and all disputes, claims, causes of action, or controversies (“Claims”) arising out of or in connection with this Contest shall be resolved, upon the election by Entering Squad or Sponsor, by arbitration pursuant to this provision and the code of procedures of either the National Arbitration Forum (“NAF”) or the American Arbitration Association (“AAA”), as selected by the Entering Squad. IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, NEITHER SPONSOR NOR ENTERING SQUAD WILL HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT ENTERING SQUAD WOULD HAVE IF ENTERING SQUAD WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS CONTEST. ENTERING SQUAD HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTERING SQUAD, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. The arbitrator’s authority to resolve Claims is limited to Claims between Sponsor and Entering Squad alone, and the arbitrator’s authority to make awards is limited to awards to Sponsor and Entering Squad alone. Furthermore, claims brought by either party against the other may not be joined or consolidated in arbitration with Claims brought by or against any third party, unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in this Agreement and without waiving either party’s right to appeal such decision, should any portion of this provision be deemed invalid or unenforceable, then the entire provision (other than this sentence) shall not apply.
9). BACKGROUND CHECK: Sponsor has the right to conduct a background check ("Check") of any and all records of all members of the Semi-finalist Squads, Winning Squad and their Representatives at its own discretion, including without limitation, civil and criminal court records and police reports, which he/she, to the extent necessary under law, shall authorize; Sponsor may take all steps necessary to corroborate any information provided to Sponsor by any member of an Entering Squad and/or its Representative and he/she will be obligated to provide necessary contacts and information for the Check; if a felony conviction is found, Sponsor has the right, in its sole discretion, to disqualify the felon from the Contest and the felon will forfeit all rights to his/her portion of the Prize.
10). GRANT OF RIGHTS: Each member of an Entering Squad submitting an Entry into the Contest irrevocably assigns and transfers all rights, title and interest in the Entry to Sponsor, including, without limitation, all copyrights. Each member of the Entering Squad irrevocably waives any and all so-called moral rights they may have herein, including without implying limitation any and all attribution and integrity rights.
11). SPONSOR: The National Fluid Milk Processor Promotion Board, 1250 H. Street NW, Suite 900, Washington, DC 20005. ("Sponsor").
12). ADMINISTRATOR: Ventura Associates International LLC, 1040 Sixth Avenue, New York, NY 10018 (“Administrator”).
13). WINNERS’ LIST: For list of winners, to be received by 12/31/11, send a self-addressed, stamped envelope to: Be Strong Contest, P.O. Box 9302, Medford, NY 11763-9302.