1. HOW TO PLAY: NO PURCHASE NECESSARY; A PURCHASE WILL NOT IMPROVE CHANCES OF WINNING. The Pop Secret "Poptopia" Contest ("Contest") starts at 12:00:01 a.m. Central Time ("CT") on September 3, 2013 and ends at 11:59:59 p.m. CT on September 30, 2013 ("Contest Period"). In order to enter or participate in this Contest, you must meet the eligibility requirements specified herein, have an iPhone, iPod touch (5th generation) or iPad (optimized for iPhone 4S and 5) device utilizing the requisite iOS (optimized for 6+), and you must Second download the free "Poptopia" game application ("Game") by visiting the Apple App Store®. Please review technical mobile device and operating system requirements specified in the App Store to ensure your mobile device meets the minimum technical requirements for the Game. After successfully downloading the Game, you may participate in the Contest by playing the Game. There are two (2) Game-play options: 1) Play for Charity (school) or 2) Play now (play for fun, no school is selected). Furthermore, internet connectivity is required to select the school you choose to play for and for points to be automatically and electronically submitted on behalf of that school.
A consumer that wishes to play the Game for a school will be able to select their school in the Game at the time of entry from among all eligible schools listed on the Game app ("School"), which will be provided by Arrowhead Promotion & Fulfillment Co., Inc. ("Administrator") from Labels for Education. Schools not already registered with Labels for Education by 7/8/2013 will not be eligible to participate in the Contest.
When a consumer selects "Play for Charity," they will play the Game for their selected School to have a chance to win Labels for Education points. The more a consumer scores in the Game, the more points accrued for their selected School. Each time the consumer plays the Game after selecting their School, the points earned will automatically accrue for their selected School. If at the end of the game, the game ends with negative points, that total in-game negative score will not count towards your total school points. Only positive in-game scores will be tallied.
This Contest is in no way sponsored, endorsed, administered by, or associated with, Facebook, Twitter, or Apple. By providing information in this Contest, you are providing information to Sponsor and not to Facebook, Twitter, or Apple.
2. HOW A WINNING SCHOOL IS DETERMINED: The School which accrues the most points during the Contest Period will be deemed the First Prize winning School. The School which receives the second most donated points during the Contest Period will be deemed the Second Prize winning School. And, the School which receives the third most donated points during the Contest Period will be deemed the Third Prize winning School. In the event of a tie, the following procedures will apply:
All other points will be void and will not be donated to the selected School.
3. PRIZES AND APPROXIMATE RETAIL VALUES: One (1) First Prize – The school will receive 2.5 Million Labels for Education bonus points. ARV: $50,000.00 One (1) Second Prize – The school will receive 1.5 Million Labels for Education bonus points. ARV: $30,000.00. One (1) Third Prize – The school will receive 1 Million Labels for Education bonus points. ARV: $20,000.00. Total ARV of all Prizes is $100,000.00. Prizes only consist of those items specifically listed as part of the prize. No other Labels for Education points will be awarded. Prizes are not transferrable or redeemable for cash. Labels for Education points may only be redeemed for merchandise in the 2013-2014 Merchandise Catalog and are subject to all Labels for Education program rules available here. The winning schools are solely responsible for all taxes associated with the prize, if any. No substitution of any prize allowed except at Sponsor’s sole discretion.
4. WINNER NOTIFICATION/PRIZE CLAIMS: The top three schools listed on the leaderboard during or after the end of the Contest (including both the in-app leaderboard and leaderboard featured on PopSecret.com/Poptopia) is not a guarantee those schools are final winners. All potential winning schools will be notified via email and/or telephone. Potential winning schools will be required to respond via email and/or telephone within 10 business days of notification to be verified and be deemed eligible to receive a prize. If any potential winning school does not respond to winner verification within the time allotted herein, or is found to be ineligible or to have tampered with the Game or the Contest or not in compliance with these Official Rules (at Sponsor’s sole discretion), then an alternate winning school will be selected based on the amount of points earned as set forth in Official Rule #2 above. Upon winner verification, potential winning schools will also be required to have an authorized school representative complete, sign and return an Affidavit of Eligibility, a Liability Release, and Publicity Release (where legal) within five (5) business days of date of notification on behalf of the winning school. In the event of non-compliance with this requirement, or if prize/prize notification is returned as non-deliverable, or if winning school is found to be ineligible or not in compliance with these Official Rules, such prize will be forfeited at Sponsor’s discretion and awarded to an alternate school.
5. ELIGIBILITY: Anyone who is at least thirteen (13) years of age or older and is a legal resident of the 50 United States and District of Columbia may download and play the Game and donate the points earned by playing the Game for Your School. The Contest is open and offered only to eligible schools located within the 50 United States and District of Columbia who have successfully registered with Labels for Education by July 8, 2013. Employees, officers and directors of Diamond Foods, Inc. ("Sponsor"), Campbell Soup Company, Administrator, and their and/or Sponsor’s respective parent, subsidiaries and affiliated companies, advertising, Contest or production agencies (collectively including Sponsor, "Contest Entities"), and their immediate family members (spouse, and parent, child, or sibling and their respective spouses, regardless of where they reside) and individuals residing in their same household, whether or not related, are not eligible to participate or enter. Void where prohibited.
6. GENERAL RULES. Points generated by a script, macro, bot or any other automated means will be deemed void. Sponsor shall not be responsible for awarding more than the stated number of prizes as specifically listed in these Official Rules. Sponsor is not responsible for malfunctions of electronic equipment, computer hardware, software, malfunctions of the participant’s email provider, lost, late, incomplete "Donate for Charity" or Your School registrations, earning points in connection with the Game, or earning points after the end date and time set forth in these Official Rules. Sponsor’s computer is the official time keeper for this Contest. Any attempted form of entry other than described herein is void. Contest Entities are not responsible for problems downloading the Game, or playing the Game, or for any other technical problems related to the Game or earning points for Your School. Normal Internet access and usage charges imposed by your online service will apply. Standard data charges apply for use of your mobile device to play the Game. Simply by entering this Contest, all eligible schools hereby agree that if they are selected as a winning school in this Contest, the Sponsor has the right to announce, without prior approval or further compensation (where legal), such winning schools name and address in any manner and in any medium at Sponsor’s sole discretion. The Sponsor will make best efforts to finalize eligibility, via the method described in Section 5 above, all such winning schools prior to such announcement, but if for any reason any winning school is not able to be finalized prior to such announcement, the Sponsor may still make such announcement, but will indicate the respective winning school’s status as a "potential" winning school.
7. DISPUTES: THIS CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF ("JAMS RULES"). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN CALIFORNIA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY IN CALIFORNIA. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
8. GENERAL: By participating, participants (or participants parent/legal guardian if participant is deemed a minor in the state of his/her residence) and winning Schools agree: (1) to release and hold harmless the Contest Entities and their agents from any and all alleged or actual claims, actions, injury, liability, loss or damage of any kind, including but not limited to, personal injury, bodily injury, or death, resulting from participating in this Contest, playing the Game, or from the acceptance, possession, or use or misuse of any prize awarded or participation in any prize-related activity; (2) to be bound by these Official Rules; (3) that the decision of the Sponsor is final and binding on all matters relating to the Contest; and (4) to the use of the School’s name and address in any and all media now known or hereinafter developed, worldwide without additional compensation, except where prohibited by law. Decisions of Sponsor are final and binding on all matters relating to this Contest. Contest Entities are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications, whether caused by the sender or by any of the equipment or programming associated with or utilized in this Contest which may limit the ability to participate or play the Game. Contest Entities are not responsible for any human or technical error, which may occur in the processing of the points in this Contest. Persons found tampering with or abusing any aspect of this Contest or attempting to achieve an unfair advantage or otherwise violate these terms and conditions, as solely determined by Sponsor, will be disqualified and may be subject to prosecution. If in the judgment of Sponsor, the Contest is compromised by virus, bugs, non-authorized human intervention, administration issues, or other causes beyond the control of Sponsor, which corrupts the administration, security or fairness of the Contest, Sponsor reserves the right, in its sole discretion, to discontinue, modify, suspend or terminate the Contest. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE GAME OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right to modify these Official Rules for clarification purposes, or other purposes, without materially affecting the terms and conditions of the Contest, in the sole discretion of Sponsor so long as equitable. UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANTS HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, AND CONSEQUENTIAL OR ANY OTHER DAMAGES WHATSOEVER. IN NO EVENT SHALL SPONSOR BE LIABLE TO ANY PARTICIPANT OR WINNING SCHOOL FOR DAMAGES THAT EXCEED THE VALUE OF THE PRIZE TO BE AWARDED TO THE INDIVIDUAL ENTRANT OR ELIGIBLE SCHOOL IN THIS CONTEST. SPONSOR’S FAILURE TO ENFORCE ANY PROVISION IN THESE OFFICIAL RULES WILL NOT BE DEEMED A WAIVER OF SUCH.
9. WINNERS LIST/OFFICIAL RULES: For names of the winning Schools, available after November 15, 2013, visit the website at PopSecret.com/Poptopia. For official rules, see the links available through the Game, or http://PopSecret.com/Poptopia during the Contest Period.
10. SPONSOR: Diamond Foods, Inc 600 Montgomery Street, 13th Floor, San Francisco, CA 94111. Campbell Soup Company and Labels for Education do not sponsor this sweepstakes.
11. CUSTOMER SERVICE: For questions or help, call toll-free (855) 814-5050 between 9/3/13 and 12/3/13.