#SIDEOFSUMMER PHOTO CONTEST (THE PROMOTION ) OFFICIAL RULES AND REGULATIONS

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1 #SIDEOFSUMMER PHOTO CONTEST (THE PROMOTION ) OFFICIAL RULES AND REGULATIONS NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. A PUBLIC TWITTER ACCOUNT, INSTAGRAM ACCOUNT, OR AN ACCOUNT AND INTERNET ACCESS ARE REQUIRED FOR ENTRY. BY ENTERING THE CONTEST, YOU ( ENTRANT OR YOU ) MUST AGREE TO THESE OFFICIAL RULES, WHICH CREATE A CONTRACT; READ THEM CAREFULLY BEFORE ENTERING. THESE OFFICIAL RULES ( RULES ) ARE A LEGALLY BINDING AGREEMENT BY AND BETWEEN PARTICIPANT AND SPONSOR (DEFINED BELOW) AND GOVERNS ENTRY IN THE CONTEST. BY PARTICIPATING IN THE CONTEST, PARTICIPANT AGREES TO ABIDE BY THESE RULES AND THE RULES, POLICIES AND PROCEDURES LOCATED ON TWITTER AND INSTAGRAM. FAILURE TO COMPLY WITH THESE RULES AND THE TWITTER AND INSTAGRAM RULES, POLICIES AND PROCEDURES WILL VOID A PARTICIPANT S ENTRY. This contest is in no way sponsored, endorsed, administered by or associated with INSTAGRAM OR TWITTER. ENTRY PERIOD: Del Monte Foods, Inc. #sideofsummer ( Photo Contest ) starts at 3pm PT on June 15, 2016 and ends at 3pm PT on July 15, 2016 (the Entry Period ). The sponsor of the contest is Del Monte ( Sponsor ). The contest is subject to these Rules, and by entering, all participants age 18 and over agree to be bound by these Rules. Certain restrictions may apply. 1. ELIGIBILITY Del Monte Foods Inc. #sideofsummer ( Photo Contest ) is open only to legal residents of the fifty (50) United States and the District of Columbia who have a public Twitter account, public Instagram account and/or account and are over age eighteen (18) years old at the time of entry. Employees of Del Monte Foods Inc. ( Contest Entity ), and any of its parent and affiliate companies, any other company or individual involved with the design, production, execution or distribution of the contest, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations. Void where prohibited. 2. SPONSOR Del Monte Foods, Inc., 3003 Oak Rd. Walnut Creek, Ca AGREEMENT TO OFFICIAL RULES Participation in this Contest constitutes Entrant s full and unconditional agreement to these Official Rules 1

2 and Sponsor s and Administrator s decisions, which are final and binding in all matters related to this Contest. Winning a Prize is contingent upon fulfilling all requirements set forth in these Official Rules. 4. SUBMISSION ENTRY PERIOD Entrants may make submissions via a public Twitter account, public Instagram account, or direct upload via account following guidelines outlined in How to Enter ( Entry ) between the hours of 3pm PT on June 15, 2016 and 3pm PT on July 15, Date and time can change based on Twitter or Instagram status. 5. HOW TO ENTER There are three (3) ways to enter the Contest. All entries must be submitted during the Contest Period between the hours of 3pm PT on June 15, 2016 and 3pm PT on July 15, A. Twitter: During the Contest Period, an eligible entrant may enter the Contest (an Entry ) using Twitter as follows: i. Sign into his/her Twitter account (or create a Twitter account if he/she does not already have one) ii. Become a follower (if not already iii. Compose a new Tweet including a photograph or video of how you include Del Monte canned fruits and/or vegetables in your summer get-togethers with hashtags #sideofsummer and #contest An entrant must have a non-private Twitter account to enter the Contest through this method and must be a follower until July 31, 2016, for winner notification purposes to be eligible to win/claim a prize. If an entrant does not have a non-private Twitter account, he/she can create one at no cost at Please note that an entrant must agree to comply with the Twitter Terms of Service ( and Privacy Policy ( in order to participate through this method. This Contest is in no way sponsored, endorsed or administered by, or associated with Twitter. B. Instagram: During the Contest Period, an eligible entrant may create and submit an Entry using Instagram as follows: i. Sign into his or her Instagram account (or create an account at if he or she does not already have one) ii. Post a photograph or video of how you include Del Monte canned fruits and/or vegetables in your summer get-togethers 2

3 iii. In the post, use both hashtags #sideofsummer and #contest To participate using Instagram, an entrant must download the Instagram application onto a mobile device capable of taking a photo and accessing the Instagram service. Use of Instagram will be subject to that service provider s privacy policy and terms of use. The Instagram privacy policy is available at Due to the way Instagram operate its services, entrants must have an unprotected Instagram account to enter the Contest. Contest entries submitted by Instagram users with protected updates (i.e., an entrant has set his or her account so that only people the entrant has approved can view his or her updates) may not be received. By entering the Contest and using the hashtags #sideofsummer and #contest, each entrant hereby agrees to be bound by the terms and conditions of these Official Rules. B. Direct Upload: During the Contest Period, an eligible entrant may create and submit an Entry using direct upload as follows: i. Vist ii. Click the direct upload link and submit a photograph or video of how you include Del Monte canned fruits and/or vegetables in your summer get-togethers NOTE: An entrant is not required to have a wireless plan to receive an entry into the Contest. If an entrant participates from his or her wireless phone, the entrant s wireless service provider may charge the entrant. Entrants should consult their wireless-service providers regarding their pricing plans. Message and data rates may apply. Entrant hereby grants Sponsor and its agents an unlimited, worldwide, perpetual, license and right to publish, use, publicly display the entry in any way, in any and all media, without limitation, and without further consideration. This includes a license to any copyright, trademark, or any other right you have in the content and entry. This license grants Sponsor the right to post, publish, adapt, edit and/or otherwise use the entry in any manner, including but not limited to, adding a cape to the minor appearing in the image, in any media now known or hereafter developed, without any credit, compensation or accounting to entrant. Entrant hereby acknowledges that, by submitting an entry, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than entrant. Sponsor is not responsible for the content of the entry. Entrant is solely responsible for the content of the entry. BY POSTING/TWEETING/UPLOADING AN ENTRY, ENTRANT HEREBY 3

4 AGREES THAT HIS/HER ENTRY, INCLUDING HIS/HER INSTAGRAM IDENTIFICATION OR TWITTER HANDLE, WILL BE VISIBLE ON THE WEBSITE, PAGE, FEED, OR ANY OTHER SPONSOR-RELATED WEBSITE, AND MAY BE USED FOR SUCH OTHER PURPOSES AS SPONSOR ELECTS IN ITS SOLE DISCRETION. Once an entry is submitted in the Contest it may be made available on Sponsor s social media accounts or other websites for viewing by the general public and any such posting will be deemed made at the direction of the entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act. All entries must be received during the Contest Period and must comply with these Official Rules, including, but not limited to the entry requirements set forth below. Entry Requirements: All entries must comply with the following restrictions: Entry must be an original work; Entry must comply with respective social media platform s terms of use (i.e., Instagram policies located at: and/or Twitter terms of use located at: Photographs must be in one of the following file formats:.jpg,.jpeg, or.gif; and must not exceed 3MB in size; Photograph must be submitted by the parent/legal guardian of any children in the photograph. Entry cannot have been published previously by any party other than the entrant; Entry must be suitable for publication (i.e., may not be obscene or indecent); Entry cannot contain trademarks, logos or trade dress owned by any third party, or advertise or promote any brand or product of any kind, other than the Sponsor s; Entry cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images); Entry cannot include the name, likeness, photograph, or other indicia identifying any person, living or dead, without written permission from that person; Entry cannot be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group; Entry cannot promote illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; Entry cannot describe or depict any illegal activity or violation of any state or federal law; Entries must not include any personally identifiable information (full name, address, telephone number, etc.); 4

5 Entries must not contain, facilitate, reference or use material that contains prohibited content which shall include, but is not limited to content that promotes, suggests, or encourages: gambling, including without limitation, any content related to online casinos, sports books, bingo or poker; the use of prostitution, pornography, nudity, profanity or other adult content, or violence; the taking up of arms against any person, government or entity or otherwise challenge or seek to overthrow any government; Entry must not contain any viruses, spyware, malware, or other malicious components that are designed to harm the functionality of a computer in any way. If any entry fails to comply with any of these entry requirements or any other provisions of these Official Rules, at the Sponsor s sole discretion, Sponsor reserves the right to disqualify the entrant. IMPORTANT NOTE: Any entrant who incorporates any intellectual property owned by a third party into his or her entry does so at his or her own risk. Without in any way limiting, expanding or amending the terms and conditions residing on the Website (defined below), which terms and conditions shall remain in full force and effect, if Sponsor is duly notified that any element of an entrant s entry infringes upon the rights of another person and/or receives a legally valid request to remove the affected entry from the Website because of such infringement, such entry may be disqualified from the Contest, as Sponsor may determine in its sole discretion. Further, no entrant will be eligible to receive a prize unless Sponsor determines, in its sole and absolute discretion, that such entrant s entry has been or can be sufficiently cleared for legal purposes and such entrant eligibility is verified. Each person who enters this Contest represents and warrants as follows: (i) the entry is the entrant s own original, previously unpublished, and previously unproduced work; (ii) the entry does not contain any computer virus (as applicable), is otherwise uncorrupted, is wholly original with entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the entry does not and will not violate or infringe upon the intellectual property rights or other rights of any third party; and (iv) the entry does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each entrant hereby agrees to indemnify and hold the Contest Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder. The Contest Entities are not responsible for lost, late, stolen, damaged, incomplete, invalid, unintelligible, garbled, delayed or misdirected entries all of which will be void. Sponsor reserves the right to disqualify any entrant and/or entry in its sole and absolute discretion. 5

6 Limit: Regardless of the method of entry, there is a limit of one (1) entry per person per day per social media platform during the Contest Period. A day starts at 12:00 AM ET and ends at 11:59:59 PM ET. If more than one (1) entry is received from the same person and/or Twitter/Instagram account in a single day, only the first entry received may be considered valid. 6. PRIZING One winner will be selected and awarded one American Express gift card ($500 ARV), one casserole dish ($35 ARV), one serving spoon ($5 ARV), and Del Monte Products (up to $10 ARV). a. All Prizes are non-transferable, with no cash redemptions, equivalents or substitutions except as outlined here or at Sponsor s sole and absolute discretion. All Prize details not specified in these Official Rules will be determined in Sponsor s sole and absolute discretion. Prize details and availability are subject to change, and in the event that Sponsor is unable to provide a Winner with their Prize, the Sponsor may elect to provide such Winner with the approximate value of such item in cash or award an alternate prize of comparable or greater value. b. JUDGING: Prizes will be awarded by discretion of Sponsor. Winners must meet submission rules. The winner(s) will be selected by a panel of judges on July 20, 2016 from among all eligible entries received, of an anticipated 100+ entries, and will be judged based on overall creativity, and quality of image/video submitted. Judges will select the most creative and quality submission that incorporates Del Monte. Winner will be notified via a reply to the entry on Twitter/Instagram or via a reply to their entry of their winnings and will have 48 hours to respond with their physical mailing address and contact information. If response not received within in 48 hours winner will forfeit prize. c. Prizes will be shipped directly from Sponsor. d. Winners will be responsible for all taxes associated with prize receipt. e. Upon request to delmontebrand@gmail.com, a list of the winner, prize, and winning entry will be provided along with the percentage of winners. 7. LIABILITY By taking part in the Contest, the participant accepts that unforeseen technical problems linked to the use of computer networks may arise, including problems when connecting to the Internet. Sponsor cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any participant entering the competition. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer wi-fi systems, servers, or providers, platforms and/or platform operators, computer equipment, software failure of any or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any web site, or any combination thereof, including any injury or damage to participant s or any other person s computer or other mobile device related to or resulting from participation or downloading any materials in the 6

7 Competition. Sponsor gives no warranty or guarantee in relation to the Prize and accepts no responsibility or liability for elements of the Prize being amended. To the fullest extent permissible by law, Sponsor excludes liability for all loss, damage or claim arising as a result of the Participant s entry into the Contest or use of the Prize. 8. DATA PROTECTION AND PUBLICITY Sponsor reserves the right and the participant expressly agrees that Sponsor may use the name and/or pseudonym of the Winner and/or all photographs at whatever location such visual material may be produced. Use may include the Internet, such as Sponsor s website, its social network pages including Facebook, Twitter, Instagram, YouTube etc. and all photograph, publicity, magazines, catalogues or the likes. Subject to the foregoing, by participating in this competition, the participant will only be providing information to Sponsor. Sponsor will store participants entry details in connection with this competition solely for the purpose of competition administration, unless participants have given permission for additional use. CANCELLATION Sponsor reserves the right to cancel the Competition and/or to amend the Rules or change the Prize at any time and without prior notice. Any changes will be posted on the official Pinterest page of Sponsor. The Sponsor reserves the right to: (i) permanently disqualify from the Contest any person it believes has intentionally violated these Official Rules; and (ii) cancel, suspend and/or modify the Contest without any liability if any fraud, virus or other factor beyond Sponsor s reasonable control impairs the administration, functioning or proper play of the Contest, as determined by Sponsor in its sole discretion, and withdraw the online method of entry if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Contest), and to select winner from among all eligible entries received prior to withdrawal. Inclusion in such drawing shall be each entrant s sole and exclusive remedy under such circumstances. In the event of any dispute regarding the Rules, conduct, results and all other matters relating to the Competition, Sponsor s decision shall be final and no correspondence or discussion shall be entered into. CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. 7

8 American Express is not a sponsor or a participant in the Contest and makes no endorsement of the Contest. 8