OFFICIAL RULES: “GUESS THE CANDY WEIGHT 2010” CONTEST
posted on Nov 04 2010 2 Comments
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: The “Guess the Candy Weight 2010” Contest is FREE to enter and open only to legal residents of the fifty (50) United States and the District of Columbia,, who are 13 years of age or older. ,(“You”). Employees/Volunteer Supervisors of Operation Gratitude (the “Organizer”), Rogers Family Coffee Company Inc. (“Sponsor”), CafePress (“Sponsor”), Alacer Corp (“Sponsor”), Upper Deck Company (“Sponsor”), collectively referred to as the “Facilitators,” as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. Void outside the 50 United States and D.C. and where prohibited by applicable federal, state, or local laws, rules or regulations. For purposes of this contest, persons currently residing in APO or FPO zipcodes are deemed residing in the United States and are eligible to enter.
2. Agreement to Official Rules: By participating in the Contest, you fully and unconditionally agree to and accept these Official Rules and the decisions of the Contest Organizer, which are final and binding in all matters related to the Contest. Whether or not you receive a Prize is contingent upon fulfilling all requirements set forth in these Official Rules. The Contest is subject to all applicable federal, state, and local laws.
3. Contest Period: The Contest opens November 5, 2010 at 12:01 am Pacific Time and ends December 5, 2010 at 11:59 pm Pacific Time (the “Contest Period”). The Organizer’s computer is the official time-keeping device for the contest.
4. How to Enter: To enter the Contest, go to any or all of the five (5) listed Facebook pages during the Contest Period, “like” the page (if not already liked), click on the “Photos” tab, find the Album titled “Guess the Candy Weight 2010” Album and enter your Candy Weight Guess in pounds and ounces as a “comment.”. Entries that do not include all the required information and adhere to the Official Rules will be considered void. The Contest Facilitators are not responsible for lost, misdirected or incomplete Entries.
Participating Facebook Pages:
5. Prizes: The following five (5) Prizes will be awarded in accordance with the procedure set out in clause 6, below:
a) $1000 donation to a 501c3 non-profit charity or K-12 school of winner’s choice, courtesy of Rogers Family Coffee Company plus a Sony Digital Camera
b) Peyton Manning Autographed Tennessee Volunteers Mini-Helmet with a Certificate of Authenticity from Upper Deck
c) Cafe Press Package of Operation Gratitude logo items, including a Flip Camera.
d) One year supply of Emergen-C® vitamin drink mix and a Minolta Digital Camera
e) Operation Gratitude Military Challenge Coin and a Sony Digital Camera.
6. How to Win: The top five (5) closest guesses without going over the actual total weight of candy received as of December 3, 2010 ay 4:00pm Pacific Time will win the prizes. The closest guess wins First Prize, the next closest guess wins Second Prize, the third closest guess wins Third Prize, the fourth closest guess wins Fourth Prize and the Fifth closest guess wins Fifth Prize. Prizes are personal to you, are non-transferable, and no substitution will be made unless the Organizer, in its sole discretion, determines otherwise. Prize must be accepted as awarded.
7. To Redeem Prize: Except where prohibited, the potential Winners (parent/legal guardian if winner is a minor in his/her state of residence) will be required to execute and return to Organizer, within ten (10) days of the date notice or attempted notice is sent by Facebook message, an Affidavit of Eligibility, Liability & Publicity Release (“Affidavit”) in order to claim his/her prize. If a potential winner cannot be contacted, fails to execute and return the Affidavit within the required time period (if applicable), or prize is returned as undeliverable, potential winner forfeits the prize. Acceptance of any prize shall constitute and signify winner’s agreement and consent that the Contest Facilitators may use the winner’s, name, city, state, likeness, letter and/or prize information in connection with the Contest, worldwide, including the Internet,without limitation and without further payment or consideration, except where prohibited by law. Each Winner (or parent/guardian if winner is a minor) is responsible for all taxes and fees associated with receipt of the Prize.
8. General Conditions:
All Entries submitted become the property of the Organizer. The Organizer reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Organizer’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by the Organizer’s sole discretion.
The Contest Facilitators have the right to verify each Entrant’s eligibility and compliance with these Contest Rules. No Entrant may submit more than one (1) Entry per participating Facebook page. If in the opinion of the Contest Facilitators, you use fraudulent or improper methods to subvert the rules of this Contest, you will be disqualified from participation in the Contest.
Parents/guardians of Participants in the Contest assume all risk of loss, damage, destruction, delay or misdirection of materials/mail/email submitted to Organizer. As between Entrants and Contest Facilitators, the Contest Rules shall not be construed to constitute the parties as partners, joint venturers, principal and agent, employer and employee, co-owners or allow any party to create or assume any obligation on behalf of the other party.
9. Liability Provisions: Contest Facilitators are not responsible for human error, theft, destruction, or damage to any Entry, or for other factors beyond the reasonable control of the Contest Facilitators that make the continuation of the Contest or the application of the Contest to any Entry impractical.
Each Entrant assumes all risk of loss or liability whatsoever arising from or connected to their Entry. The Contest Facilitators makes no warranty, representation or guarantee, express or implied, in connection with its ability to in any way enable, develop or market the idea set forth in an Entry.
By entering the Contest, each Entrant agrees to release, hold harmless and indemnify the Contest Facilitators and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and each of their respective parent companies and each such company’s officers, directors, employees and agents (individually or collectively, the “Released Parties”) from and against any claim, loss or liability including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or, if applicable, receipt or use or misuse of any Prize (individually or collectively, “Losses”).
No Contest Facilitator shall be liable to a winner of a Prize or any other person acting on behalf of the winner of the Prize for failure to supply the Prize or any part thereof, by reason of the Prize becoming for reasons beyond the reasonable control of the Contest Facilitators unavailable or impracticable to award, or for any “force majeure” event such as technical or equipment failure, terrorist acts, labor dispute, or act/omission of any kind (whether legal or illegal), transportation interruption, civil disturbance, or any other cause similar or dissimilar beyond any Contest Facilitator’s reasonable control.
You acknowledge and agree that the Released Parties shall not be responsible for any of the following: delayed, failed, partial or garbled computer transmissions; technical failures of any kind, including, but not limited to, lost, interrupted or unavailable network, server, Internet Service Provider (ISP), the Site or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines or technical failures or difficulties; the incorrect or inaccurate capture or failure to capture information whether caused by Site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest, Entry, or other information; the failure to capture any such information; or errors of any kind whether human, mechanical, electronic, network or otherwise arising out of or relating to the Contest, theft, loss, destruction or damage to the Entries, in whole or in part, or other factors beyond their reasonable control. The Released Parties are not responsible for injury or damage to your or to any other person’s computer related to or resulting from participating in the Contest or downloading materials from or use of the Site.
CAUTION: ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE THE SITES OR FACEBOOK PAGES OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF APPLICABLE CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, YOU ACKNOWLEDGE AND AGREE THAT EACH CONTEST FACILITATOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW AND TO DISQUALIFY YOU FROM THE CONTEST.
LIMITATIONS OF LIABILITY AND RELEASE: BY ENTERING, YOU AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE RELEASED AND HELD HARMLESS BY YOU AND YOUR HEIRS, EXECUTORS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS FOR ANY CLAIMS, LIABILITIES, OR CAUSES OF ACTION OF ANY KIND OR NATURE FOR ANY INJURY, LOSS OR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES TO PERSONS, INCLUDING, WITHOUT LIMITATION, DISABILITY OR DEATH, AND DAMAGE TO PROPERTY, DUE IN WHOLE OR IN PART, ARISING DIRECTLY OR INDIRECTLY, NOW OR IN THE FUTURE FROM THE DELIVERY, ACCEPTANCE, USE OR MISUSE OF THE PRIZE, ANY AND ALL USE AS PROVIDED HEREIN OF YOUR ENTRY, OR PARTICIPATION IN THIS CONTEST AND/OR ANY RELATED ACTIVITY. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE SUCH LIMITATION OR EXCLUSION SHALL APPLY ONLY TO THE EXTENT PERMITTED BY THE LAW IN THE RELEVANT JURISDICTION.
10. Choice of Law: These Contest Rules shall be governed by and construed in accordance with the laws of the State of California and the United States, as applicable herein, without reference to its conflicts of laws principles. Any and all disputes, claims, and causes of action with the Sponsor arising out of or connected with this Contest, other than the determination or validity of claims, shall be resolved individually, and exclusively by arbitration under the American Arbitration Association, in accordance with its rules, as amended from time to time.
12. Organizer: Operation Gratitude Inc., 16444 Refugio Rd. Encino, CA 91436