IMAGINATION ENTERPRISES, INC.
“NAME THAT FROG”
OFFICIAL RULES

IMPORTANT:  PLEASE READ THESE OFFICIAL RULES BEFORE ENTERING THE SWEETFROG® NAMES CONTEST (THE “CONTEST”). BY ENTERING THE CONTEST, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
CONTEST OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES (INCLUDING DISTRICT OF COLUMBIA) WHO ARE 18 YEARS OF AGE OR OLDER. VOID WHERE PROHIBITED.

1. CONTEST DESCRIPTION.  The Contest begins February 14, 2012 at 12.00 a.m. (ET) and ends on April 15, 2012 at 11:59 p.m. (ET) (“Contest Period”). Through this Contest, Imagination Enterprises, Inc. (the “Sponsor”) invites you to submit potential names for SweetFrog’s two (2) new frog characters (“Frog Character(s)”).

2. ELIGIBILITY.  The Contest is open to residents of the United States who are at least 18 years of age at the time of entry, but this Contest is void where prohibited by law.  Individuals and entities restricted by applicable export controls and sanctions programs are ineligible to participate in the Contest.  Contest is subject to all applicable federal, state and local laws. To be eligible to compete in the Contest, entries must be received by the Sponsor by 11:59 p.m. April 15, 2012 (“Entry Deadline”) and must meet these eligibility requirements.  Contestants must have the legal right and any and all permissions necessary to submit the Entry Materials (as defined in these Official Rules (“Rules”)).  By participating in the Contest, you agree that you have all rights necessary to enter and participate in this Contest and grant to Sponsor the rights described in these Rules.  Each person who participates in this Contest is a Contestant as that term is used herein.
The following persons are not eligible to enter the Contest:  (a) directors, officers, employees and contractors of the Sponsor, and each of their parents, subsidiaries, affiliates, franchisees, licensees, and service agencies; (b) individuals engaged in the development, production, administration, execution, and distribution of materials for the Contest, and (c) immediate family members of any person in any of the preceding categories, or who reside in the same household as any person in any of the preceding categories.
All communications between Sponsor and Contestants, including but not limited to the Contest website content and email communications, will be in English.

3. HOW TO ENTER.  During the Contest Period, go to www.sweetfrogyogurt.com, complete the entry form in full (“Entry”) and follow the directions to submit the Entry. Where directed in the Entry, submit one (1) name for Sponsor’s “boy” frog and/or one (1) name for Sponsor’s “girl” frog (“Frog Name(s)”). A complete Entry consists of a completed entry form with one or two Frog Names (“Entry Materials”).  There is no limit on the number of entries submitted per Contestant.  All Entries must be complete, including one or two Frog Name(s), and Contestant’s full name, mobile number, residential zip code, and e-mail address, and all Entries must be received by the Entry Deadline.
The Frog Name(s) must be original and Entries may not contain material that violates or infringes any third party’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement. Frog Name(s) must not be confusingly similar to any third party product names, brand names or trademarks. Frog Name(s) must be developed in good taste, and shall not contain content that is obscene or indecent, and shall not include profanity, references to drugs or alcohol, or words that may be offensive to individuals of a specific race, religion, ethnicity, sexual orientation or socioeconomic group, or other content deemed inappropriate by Sponsor. In the event any Entry is deemed inappropriate by Sponsor, which may be determined at Sponsor’s sole discretion, that Entry will be deemed ineligible.  Sponsor is not responsible for late or misdirected entries, or for electronic, network, computer, hardware or software malfunctions, failures or difficulties.

4. SPONSOR’S USE OF FROG NAMES, ENTRIES AND RELATED MATERIALS.  By submitting an Entry, each Contestant agrees to and irrevocably assigns and transfers to Sponsor any and all right, title and interest, including but not limited to all trademark, copyright, and any other intellectual property rights throughout the world, that the Contestant has or may have in the Entry and all other related materials provided to Sponsor or otherwise prepared in connection with the Contest (collectively, “Entry Materials”) in any way, including, but not limited to, the Frog Name(s) and the Contestant’s name, voice, image, photograph, likeness, city and state of residence. The Entry Materials will not be returned. Sponsor’s rights with respect to the Entry Materials include, but are not limited to:  (a) the exclusive right to use, publish, display or reproduce the Frog Name(s) on products, packaging, advertising for purposes of trade and any other lawful purpose; (b) the exclusive right to alter, revise or change the Entry Materials in any way; (c) the exclusive right to secure trademark and copyright registrations and other rights in the Entry Materials, including the Frog Name(s), anywhere throughout the world; and (d) the exclusive right to license, exploit, sell, assign, or otherwise dispose of the Entry Materials, including the Frog Name(s), or any of the said rights included therein for any purpose which Sponsor may see fit. Each Contestant acknowledges and agrees that Sponsor shall have the right, but not the obligation, to use, modify, reproduce, publish, perform, display, distribute, make derivative works of, trademark or otherwise register, and otherwise commercially and non-commercially exploit the Entry Materials, including, but not limited to, the Frog Name(s), in perpetuity and at any location, in any manner or medium now existing or hereafter developed, without separate compensation to any Contestant or any other person or entity or prior approval by Contestant or any other person or entity. Each Contestant agrees to take, at Sponsor’s expense, any further action (including without limitation, execution of affidavits and other documents) reasonably requested by Sponsor to effect, perfect or confirm Sponsor’s rights as set forth in this Paragraph 4.

5. WINNER SELECTION.  On or about April 16, 2012, ten (10) finalists’ Frog Names (individually a “Finalist Name” and collectively “Finalist Names”), five (5) for each Frog Character, will be announced. Selection of the Finalists Names will be made by a panel of judges (collectively, “Judges”) selected by Sponsor in its sole and absolute discretion and will be based upon the following criteria: 
• Creativity (1/3)
• Originality (1/3)
• Best reflects the image of SweetFrog® (1/3).
The Finalists Names will also be legally cleared through a comprehensive legal clearance process, including but not limited to trademark and copyright clearances. If a Frog Name cannot be legally cleared through this clearance process, it will be deemed ineligible to proceed and an alternate Finalist Name will be selected, at Sponsor’s discretion. On or about April 16, 2012, the Sponsor will select two Frog Names that are the most appropriate names for Sponsor’s Frog Characters (the “Winning Names”). The Winners are subject to verification of their eligibility and compliance with the Official Rules. In the event of a dispute regarding prize claims or entries received from multiple Contestants using the same e-mail account, the person who was the authorized account subscriber of the e-mail account at the time that the subject Entry Materials were submitted will be deemed to be the Contestant and must comply with these Official Rules. Authorized account subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning e-mail addresses. In the event more than one Contestant submits the same Frog Name(s), the Contestant who was first in time to submit the Frog Name(s) will be eligible to be the Winner (based upon date and time received by Sponsor). Sponsor reserves the right to reject any and all entries in this Contest and to select its own name(s) for the Frog Characters; Sponsor is not obligated to use any Winning Names, in whole or part, and Sponsor reserves the right to select and use, in its sole discretion, any name, whether submitted via the Contest or not, for its Frog Character(s). If Sponsor rejects all entries and chooses its own name for the Frog Character(s), the prizes will not be awarded.

6. WARRANTY AND INDEMNITY. Each Contestant certifies that his/her submission is original and that he/she is the sole and exclusive owner and right holder of the submission and that he/she has the right to enter the Contest.
To the maximum extent permitted by law, each Contestant indemnifies and agrees to keep indemnified Sponsor at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Contestant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, each Contestant agrees to defend, indemnify and hold harmless Sponsor from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including attorney’s fees) arising out of or accruing from (a) any entry provided by the Contestant that, with or without the Contestant’s knowledge, infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy; (b) any intentional or negligent misrepresentation made by the Contestant in connection with the Contest; (c) any intentional or negligent non-compliance by the Contestant with these Rules; (d) claims brought by persons or entities other than the parties to these Rules arising from or related to the Contestant's involvement with the Contest; (e) intentional or negligent acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in this Contest; (f) any malfunction or other problem with the Contest Site; (g) any intentional or negligent error in the collection, processing, or retention of entry information; or (h) any intentional or negligent typographical or other error in the printing, offering or announcement of any prize or winners.

7. ELIMINATION. A Contestant may be prohibited from participating in this Contest if, in Sponsor’s sole discretion, it reasonably believes that the Contestant has undermined the legitimate operation of the Contest by:
a. Providing false information concerning his/her identity, postal address, mail address or telephone number;
b. Breaching any of the provisions set forth in these Terms;
c. Threatening, harassing or interfering with the ability of other Contestants to effectively participate in the Contest;
d. Threatening, harassing or interfering with Sponsor administrators or other employees; or
e.  Refusing to comply with these Terms.
Sponsor further reserves the right to disqualify any submission that it believes in its sole and unfettered discretion infringes upon or violates the rights of any third party or otherwise does not comply with these Rules.

8. INTERNET. Sponsor is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, or delay in operations or transmission. Sponsor is not responsible for theft or destruction or unauthorized access to or alterations of submission materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind. Sponsor is not responsible for inaccurate transmissions of or Sponsor's failure to receive Contestant's output information on account of technical problems or traffic congestion on the Internet or at any Web site or any combination thereof, except to the extent that any death or personal injury is caused by the negligence of Sponsor. If for any reason a portion of the Contest website is not capable of running as planned, including 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 this Contest, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest. Sponsor reserves the right to select winners from eligible submissions received as of the termination date. Sponsor further reserves the right to disqualify any individual who tampers with the submission process.

9. PRIZE.  The Winners will each receive the following prize (“Prize”): a check in the amount of five thousand United States dollars ($5,000.00).  In the event that the same Contestant submits both Winning Names, that Winner will receive a check for ten thousand United States dollars ($10,000.00). 
Prizes are not transferable and must be accepted as awarded, with no substitutions of any kind, except by the Sponsor, which reserves the right to substitute any prize (or portion thereof), with one of comparable or greater value, at its sole discretion. Winners are solely responsible for any and all expenses, and applicable federal, state and local taxes associated with claiming or using the prize. ALL FEDERAL, STATE, LOCAL, AND FOREIGN (INCLUDING PROVINCIAL) TAXES, AND OTHER CHARGES, IF ANY, ARE THE WINNER’S SOLE RESPONSIBILITY. 
EACH CONTESTANT RELEASES SPONSOR FROM ANY LIABILITY OR INJURIES INCURRED IN CONNECTION WITH PARTICIPATION IN THIS CONTEST OR ACCEPTANCE OR USE OF ANY PRIZE.

10. TAXES.  PAYMENTS TO POTENTIAL WINNERS ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO SPONSOR ALL DOCUMENTATION REQUESTED BY SPONSOR TO PERMIT IT TO COMPLY WITH ALL APPLICABLE STATE, FEDERAL, LOCAL AND FOREIGN (INCLUDING PROVINCIAL) TAX REPORTING AND WITHHOLDING REQUIREMENTS. ALL PRIZES WILL BE NET OF ANY TAXES SPONSOR IS REQUIRED BY LAW TO WITHHOLD. ALL TAXES IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNERS. In order to receive a prize, potential winners must submit the tax documentation within 7 days of request by Sponsor or otherwise required by applicable law, to Sponsor or the relevant tax authority, all as determined by applicable law, including, where relevant, the law of the potential winner's country of residence. The potential winner is responsible for ensuring that (s)he complies with all the applicable tax laws and filing requirements. If a potential winner fails to provide such documentation or comply with such laws, the prize may be forfeited and Sponsor may, in its sole discretion, select an alternative potential winner.

11. WINNER NOTIFICATION.  If you are selected as a Winner, you will be notified via email or phone call within 30 days after the end of the Contest Period. You will be sent, via overnight mail or email, an Affidavit of Eligibility/Release of Liability Form, and, where legal, a Publicity Release. You must execute and return any required Affidavit of Eligibility/Release of Liability Form, and, where legal, a Publicity Release, within fourteen (14) days of receipt. Non-compliance within this time period or return of Affidavit of Eligibility/Release of Liability Form as undeliverable may result in disqualification, and an alternate winner may be selected, at Sponsor’s sole discretion, from the remaining eligible entry forms. Tennessee residents need not sign the Publicity Release.

12. PUBLICITY.  By entering the Contest, you grant to Sponsor the right, except where prohibited by law, to use your name, likeness, picture, address (city and state), email address, voice, biographical information, and written and oral statements, for advertising and promotional purposes in promoting or publicizing Sponsor and its products and services, without compensation unless required by law. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of your name, picture, likeness, address (city and state), email address, biographical information, or entry. The rights granted under this paragraph shall extend to all Entry Materials related to the Contest, including entry forms and Frog Names submitted by non-winners and winners.

13. RELEASE.  By entering the Contest, you agree to release and hold harmless Sponsor, its affiliates, parents, subsidiaries, licensees, successors, assigns, advertising/promotion agencies, prize suppliers, and those acting with its permission or under its authority, and each of their respective parent companies and each such company’s officers, directors, employees, members, shareholders, and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.

14. LIMITATIONS OF LIABILITY.  The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by you, printing errors or by any of the equipment or programming associated with or used in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, by your participation in the Contest or receipt or use or misuse of any prize. No more than the stated number of prizes will be awarded.

15. TERMINATION.  Sponsor reserves the right to terminate, cancel, suspend and/or modify the Contest, or any part of it, for any or no reason. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. If for any reason this Contest is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other reasons which, in the sole and absolute opinion of Sponsor, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right to cancel, terminate, modify or suspend the Contest, and award the Prizes from among the eligible Entries received before such action to the extent feasible. Any attempt by any person to deliberately damage any Web site related to this Contest or to undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

16. DISPUTES.  To the extent permitted by law, the rights to litigate, to seek injunctive relief or to make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Contest are hereby excluded, and any Contestant expressly waives any and all such rights. If such exclusion or waiver is not permitted by law, the Contestant agrees to submit to the exclusive jurisdiction of the state courts located within the city of Richmond, Virginia to resolve any legal matter arising from the dispute or claims. Contestants agree that these Rules are governed by the laws of the Commonwealth of Virginia, USA. Contestants further agree that Sponsor will not be liable for any errors, ambiguities or other inaccuracies caused by Sponsor in the design, execution, judging or other aspects of the Contest.

17. INVALIDITY. If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.

18. DATA PRIVACY. Contestants agree that personal data provided in the Entry Materials, including name, mailing address, phone number, and email address may be processed, stored, and otherwise used for the purposes and within the context of the Contest and all Contestants addresses and emails will be automatically subscribed to Sponsor’s email notifications which provide information and notices about Sponsor’s (including its affiliates’ and Licensees’) sales, special offers, and new products arrivals. Contestants further agree to permit Sponsor to share with others any personal data that Contestants provide to Sponsor through their Entry Materials.  However, Contestants may unsubscribe from Sponsor’s email notifications by sending an email to sam76@sweetfrogyogurt.com from the email address to be unsubscribed with “UNSUBSCRIBE” in the subject line of the email.
Contestants also understand and agree that this data may be used by Sponsor to verify a Contestant's identity, postal address and telephone number in the event a Contestant qualifies for a prize. Contestants have the right to access, review, rectify or cancel any personal data held by Sponsor in connection with the Contest by writing to Sponsor at the address listed below. If a Contestant does not provide the data required for each Entry Material, that Contestant's entry will be ineligible. Otherwise, all personal information that is collected from the Contestant shall be used solely for the purposes of this Contest and as permitted by these Rules.
By accepting a prize, Contestant agrees and consents to Sponsor’s use of Contestant's name and/or likeness to name the Contestant for no less than 60 days and no more than 24 months after completion of the Contest in promotional and advertising material of Sponsor (or its agents) as a winner of the Contest without additional compensation, unless prohibited by law.

19. NOT AN OFFER OR CONTRACT OF EMPLOYMENT. Under no circumstances shall the submission of an entry into the Contest, the awarding of a prize, or anything in these Rules be construed as an offer or contract of employment with Sponsor. You acknowledge that you have submitted your entry voluntarily and not in confidence or in trust. You acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between you and Sponsor and that no such relationship is established by your submission of an entry under these Terms.

20. Winners’ List.  Winners’ List requests will only be accepted after the end of the Contest Period and no later than April 15, 2012. For the Winners’ List, send a self-addressed stamped envelope to “SWEETFROG® NAMES CONTEST” Winners’ List Request, Imagination Enterprises, Inc. d/b/a SweetFrog®, 730 C Research Road, Richmond, Virginia 23236.

21. Sponsor.  This Contest is sponsored by Imagination Enterprises, Inc. d/b/a SweetFrog, 730 C Research Road, Richmond, Virginia 23236.