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NACP/ FRAPPUCCINO® COFFEE DRINK

The "Who Deserves One the Most" Contest

OFFICIAL RULES

BEFORE YOU ENTER, READ THE OFFICIAL CONTEST RULES BELOW. YOU MUST AGREE TO THESE OFFICIAL RULES BY CLICKING THE CHECKBOX WHERE INDICATED WHEN ENTERING THE CONTEST.

BY ENTERING THIS CONTEST, YOU AGREE TO NORTH AMERICAN COFFEE PARTNERSHIP'S PRIVACY POLICIES, AVAILABLE AT THE CONTEST WEBSITE, AND THAT YOUR ENTRY AND THE PERSONAL INFORMATION COLLECTED FROM YOU IN CONNECTION WITH THIS CONTEST WILL BE SHARED WITH THE SPONSOR, NORTH AMERICAN COFFEE PARTNERSHIP ("SPONSOR").

NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. INTERNET ACCESS AND REGISTRATION REQUIRED. GAME SUBJECT TO THESE OFFICIAL RULES POSTED AT WWW.YOU-DESERVE-ONE.COM. CONTEST OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES OR DISTRICT OF COLUMBIA THROUGHOUT THE PROMOTION PERIOD WHO ARE 18 YEARS OF AGE OR OLDER. CONTEST STARTS 11/19/2009, 3:00:00 P.M. (ET) AND ENDS 1/7/2010, 2:59:59 P.M. (ET). VOID WHERE PROHIBITED. SUBJECT TO AND GOVERNED BY THE LAWS OF THE UNITED STATES.

  1. Promotion Period: The Who Deserves One the Most Contest submissions begin at 3:00:00 p.m. ET on November 19, 2009 and end at 2:59:59 P.M. (ET) on January 5, 2010 ("Contest Period"). Voting for nominations will take place between 3:00:00 p.m. ET on November 19, 2009 and 2:59:59 P.M. (ET) on January 7, 2010, and is referred to as ("Voting Period"). The webmaster is the official time-keeper of the Promotion.

  2. How to Enter: Go to www.you-deserve-one.com during the Promotion Period and follow onscreen instructions to register for the Promotion. Internet access and registration on www.you-deserve-one.com is required. Existing Pepsi registrants must enter their email to enter the promotion, which automatically verifies registration log-in. Persons without an existing Pepsi registration must first register with Frappuccino® coffee drink before entering the Promotion. Once you have a Frappuccino® coffee drink registration and you enter the Promotion, a promotion "Account" will automatically be created under your Frappuccino® coffee drink registration. Limit one (1) registered Account per person, per household and per e-mail address. Before you will be allowed to continue you must AGREE AND CONSENT TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THE www.you-deserve-one.com SITE TERMS OF SERVICE AND PRIVACY POLICY IF YOU DO NOT AGREE TO ANY OF THESE TERMS, PLEASE DO NOT USE THE WEBSITE OR ENTER THE CONTEST. During the Contest Period, users are invited to share their thoughts on who deserves a Frappuccino® coffee drink the most. Submissions should be creative and clearly explain why their nominee is the best qualified candidate. Follow the links and instructions to submit and upload your Nomination by clicking "Nominate a Friend." The term "Nomination" herein shall include any materials or information submitted by you, including without limitation, your name, likeness, photographs, videos, writings, statements, audiovisual materials, music or other audio works, ideas or materials furnished by you to Sponsors. You may submit videos and photo slideshows by uploading them directly from your computer into the Nomination. You may submit no more than three (3) separate nominations throughout the Contest Voting Period. (the "Submission"). Any attempts by any Entrant to obtain more than three (3) Submissions by using multiple, different email addresses, identities, registrations and logins, or any other methods will void the Entrant's Submissions and the Entrant may be disqualified. The person uploading the Submission will be deemed the entrant ("Entrant"). The Entrant is the one (1) person who owns the email address associated with the registration. Entrant may upload files at or under 20MB in one of the following formats: .mov, .avi, .mpg, .mp4, .mpeg4, .wmv, .rm, and.flv. Videos should be no longer than 60 seconds in time length. All Submissions will be reviewed for content before being published; however, such review does not relieve entrant from responsibility for compliance with all of the Terms of Service and these Official Rules. Submissions that do not comply with the Terms of Services or these Official Rules or that otherwise contain prohibited, or inappropriate content as determined by the Sponsor, in its sole discretion, will be disqualified and will not be published or considered.

    If a Submission is approved, a link to the Submission will be emailed to the Nominee for final approval. If the Nominee approves the Submission, the Entrant will receive an email informing the Entrant that the Submission was approved and added to the Gallery.

  3. Contest Submission Guidelines: By uploading your Submission, you are bound by these Submission Guidelines and agree to the Terms and Conditions appearing on the website granting the Sponsor a non-exclusive, worldwide, perpetual, irrevocable, transferable license to host, copy, distribute, display, transfer to third parties the right to use, publicly perform and otherwise exploit your Submission (and/or any portion thereof) in all media formats in connection with the "Who Deserves One the Most" Contest, without payment to you by Sponsor. Entrant irrevocably grants Sponsor the right to use their name, voice, likeness and biographical material in or related to the Submission. Entrant agrees not to issue any publicity on behalf of or in the connection with Sponsor, their Submission and/or their participating in the Contest. You grant the rights hereunder whether or not your nominated Submission or any part thereof is actually used by Sponsors. Your nominated Submission may not be acknowledged and will not be returned. People in the Submission: If any group elects to collaborate on a Submission, they are required to designate one (1) person as the agent of the group to enter the Contest, agree to these rules and accept the assignment on behalf of the group. If you include pictures or video of anyone in with your Submission, you must have their written permission to include their image in or with the nominated Submission. If you submit an image of someone who is under 18 years of age who is not your child, you must have the written permission of that child's parent or legal guardian. Neither Sponsor nor any of the Contest Parties (as hereinafter defined) are liable for any disputes between collaborators arising under or related to the Contest. You further represent and warrant that anyone who was engaged by you or who appears in the nominated Submission has no claims for payment of any kind, including, without limitations, for royalties or residual arising of our any use, exhibition or other exploitation of the nominated Submission; was not engaged by you or anyone associated with the nominated Submission under any union or guild agreement that results in any ongoing obligations resulting from the use, exhibition or other exploitation of the nominated Submission. Originality; Rights: Each Submission must be the original work of the Entrant produced for this Contest; it may not have been entered in or won previous contests or awards; it may not have been published previously in any medium; it must not infringe any party's intellectual property or other rights; it must not be obscene or indecent, including but not limited to nudity or profanity; it must not contain obscene or pornographic material, and it must not contain defamatory statements (including but not limited to words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group). Each Submission must not feature or refer to any food or beverage products other than Starbucks® or Frappuccino® coffee drink; it must not feature or reference any other third party trademarks, and it must not feature or reference any names or third party logos (other than the Starbucks® or Frappuccino® coffee drink brand logo). Each Submission must not contain any copyrighted works (other than as owned by the Entrant). Use of any unauthorized music may result in disqualification of Submission, in Sponsor's sole discretion. Upon request, you will provide Sponsor with signed appearance releases, location agreements, and other releases and consents as Sponsors may deem necessary in their sole discretion. Indemnification and Release of Claims: by entering a Submission, Entrant agrees to indemnify and hold harmless, Sponsor and the Contest Parties and each of their respective parent companies, subsidiaries, affiliates, successors, licensees, and assigns, and the directors, officers, agents, equity holders and employees, from and against any and all claims, losses, costs, damages, liabilities and costs and expenses (including reasonable attorneys' fees costs) which arise out of any breach of any of their Submission, covenants, agreements, obligations, representations or warranties set forth herein.

  4. Eligibility: Open only to individual legal residents of the 50 United States and the District of Columbia who are 18 years of age or older at time of participation. Potential winner(s) may be required to provide proof of legal U.S. residency if requested by Sponsor to determine eligibility. Employees of the Sponsor, the Contest Parties and each of their respective parent, subsidiary and affiliated companies, distributors, web design, advertising, fulfillment, judging and Contest agencies involved in the administration, development, fulfillment and execution of this Contest and the immediate family members (spouse, parent, child, sibling and spouse or "step" of each) and those living in the same households as such employees (whether related or not) are not eligible to enter or win.

  5. Consumer Voting: Between 3:00:00 p.m. ET on November 19, 2009 and 2:59:59 P.M. (ET) on January 7, 2010, consumers will be allowed to vote on their favorite Submission. The Voting portion of this Contest is open to any legal resident of the 50 United States or the District of Columbia, at least 18 years of age with a valid email address registered with this site can endorse a Nomination and vote for the winning Nomination. There is a limit of one (1) vote per day per Submission/ Nomination. Consumers are encouraged to base their vote on the following criteria: (#1) Originality and creativity - 50%; and (#2) Overall Appeal -50%. Once the Consumer Voting Period has ended, the Sponsor will tally up the number of votes for each of the Submissions. The Submission with the greatest number of votes will be deemed the potential Grand Prize Winner. The Grand Prize winner will be notified by mail or email within five (5) days the decision. If there is a tie among the Submissions after the Consumer Voting Period has ended, the Sponsor will review the tied Submissions and will break the tie based on its sole discretion. The Submissions with the second through sixth-most votes will be declared potential Secondary Winners. In its sole discretion, Sponsor reserves the right to select an alternate Grand or First Prize winner should the voting appear to have been tampered with or manipulated in any way.

  6. Prizing: Grand Prize (1): Grand Prize includes a trip for two at W South Beach. Trip package includes roundtrip, coach-class air transportation for two (2) from a major airport in the continental United States near winner's home (determined by Sponsor in its sole discretion), two (2) nights hotel accommodations, two half days of spa treatments at Bliss Spa and $150 spending money. Trip must be booked at least 21 days prior to departure. Trip prize is subject to availability and blackout dates. Travel must be roundtrip and is valid between April 1, 2010 and April 1, 2011. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in this Promotion, and those set forth by the Sponsor's airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation, meals, incidentals, passenger tariffs or duties, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. Winner and travel companion must travel on same itinerary and at the same time as the winner. Unless a child of winner, travel companion must be eighteen (18) years of age or older as of the date of departure. If winner is a minor in his/her state of residence, winner's travel companion must be his/her parent/legal guardian. Each travel companion must execute liability/publicity releases prior to issuance of travel documents. Travel restrictions, conditions and limitations may apply. If, in the judgment of Sponsor, air travel is not required due to winner's proximity to prize location, then ground transportation will be substituted for roundtrip air travel at Sponsor's sole discretion. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Approximate Retail Value: $4000. Secondary Prizes (5): $200 Bliss gift cards valid at Bliss Spas and or online at http://blissworld.com.

  7. Limitations on Liabilities and Release: No liability or responsibility is assumed by Sponsor or Contest Parties resulting from any user's participation in or attempt to participate in the Contest or ability or inability to upload or download any information in connection with participating in the Contest. No responsibility or liability is assumed by Sponsor or Contest Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Contest: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the Website in whole or in part for any reason; traffic congestion on the Internet or the Website; unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Contest. Sponsor and Contest Parties are not responsible for any typographical errors in the announcement of Finalists or these Official Rules, or any inaccurate or incorrect data contained on the Website. Use of Web Site is at user's own risk. Sponsor and the Contest Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment resulting from participation in the Contest, use of the Website or the download of any information from the Website. By participating in the Contest, the Entrant releases Sponsor and Contest Parties from any and all claims, damages or liabilities arising from or relating to such Entrant's participation in the Contest.

  8. General Conditions/ Winner Notification: All Entrants must be registered on the Website. The name of the individual uploading the Submission must be the name of the person who registered on the Website with such email address, and the authorized account holder of such email address, otherwise, Submission may be deemed void. Sponsor reserves the right to reject any and all Submissions which it believe may infringe on the rights of any third parties or do not comply with these Official Rules, in its sole discretion. In the event of dispute over the identity of an Entrant, a Submission will be declared made by the authorized registered user of the Website through which the Submission was entered and potential winner(s) may be required to provide identification sufficient to show that he/she is the authorized account holder of such account. It is the sole responsibility of the entrant to notify the Sponsor in writing if the entrant changes his or her e-mail or postal address during the Contest Period. By participating, Entrants agree to these Official Rules and the Terms of Service which are final and binding in all respects. Potential Grand Prize or Secondary Prize Winners will be notified by mail, email, express delivery or phone (whichever is appropriate), on or about 01/12/2010. The potential Grand Prize or First Prize winners (or parent/legal guardian if the winners have not reached the age of majority in his/her state of residence), will be required to execute and return to Administrator, within seven (7) days of its receipt an Affidavit of Eligibility/Liability Release, in which the Entrant will irrevocably assign and transfer to the Sponsor any and all rights, title and interest in the Submission, including, without limitation, all copyrights, and waive all moral rights in that Submission. Failure to return any required documents within said seven (7) days will result in prize forfeiture. Entrants are solely responsible for any taxes and will receive an IRS Form 1099. Winner(s) should consult their own tax advisors with regard to any potential tax liability. If for any reason the Contest is not capable of running as planned, including without limitation, 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 the Contest, Sponsor reserves the right, at its sole discretion to cancel, modify or terminate the Contest. All federal, state and local laws and regulations apply. Further, Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Contest or any Sponsor website; (b) violating the Official Rules; (c) violating the Terms of Service, conditions of use and/or general rules or guidelines of any property or service, or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Sponsor reserves the right to require a potential Finalist to submit to a confidential background check to confirm eligibility and help ensure that the use of any such person in advertising or publicity for the Contest will not bring the Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Contest as determined by Sponsor in its sole discretion. This Contest is offered only in the United States and is governed by the laws of the state of New York. Prizes will only be delivered to addresses within the United States.

  9. Miscellaneous: These Official Rules and their performance will be binding on Entrants and their heirs, administrators, executor, successors and assigns. The construction, validity, interpretation and enforceability of the Official Rules will be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice of law or conflict of law rules. Notwithstanding the foregoing, Entrant acknowledges that Sponsor may nonetheless (1) seek to obtain injunctive or other equitable relief from a court to enforce the provisions of these Official Rules and/or; (2) bring an action in court to protect or interpret any of Sponsor's purported intellectual property rights. Entrant will execute any documents (after being afforded a reasonable opportunity to review and/or confirm the same) and do any other acts as may be reasonably required by Sponsor to further evidence or effectuate Sponsor's rights as set forth in these Official Rules and Entrant appoints Sponsor as their attorney-in-fact (which appointment is irrevocable and coupled with an interest), with full power of substitution and delegation, but only to execute any and all such documents, or perform such acts, which Entrant fails to execute (after being afforded a reasonable opportunity to review and/or confirm the same).

  10. Sponsor: NORTH AMERICAN COFFEE PARTNERSHIP, 700 Anderson Hill Road, Purchase, NY 10541

BY COMPLETING SUBMISSION PROCESS, I REPRESENT THAT I HAVE READ AND AGREE TO BE BOUND BY THE OFFICIAL RULES FOR THIS CONTEST AS WELL AS BY THE DECISIONS OF THE SPONSOR AND/OR JUDGES.