NATURESWEET® MVP PROMOTION OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THE NATURESWEET® MVP PROMOTION IS OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES OF AMERICA OR DISTRICT OF COLUMBIA (“D.C.”), 18 YEARS OF AGE OR OLDER AS OF DATE OF ENTRY. VOID WHERE PROHIBITED BY LAW.
The NatureSweet® MVP Promotion (“Promotion”) is sponsored by NatureSweet®, LTD (“Sponsor”). Promotion begins at 12:00:00 AM Central Standard Time (“CST”) on January 7, 2013 and ends on 11:59:59 PM CST on February 3, 2013 (“Promotion Period”). Sponsor’s computer is the official timekeeping device for this Promotion.
1. HOW TO ENTER: There are two (2) ways to enter. During the Promotion Period, you may enter for a chance to win an Instant-Win Prize in one of the following methods: (a) By Text: Use your Short Message Service (“SMS”) enabled mobile phone to text “SUNBURSTSMVP” to shortcode “66937” for a chance to win an Instant-Win Prize (a “Play”). Participants must have a mobile phone with two-way text messaging capabilities to enter by text message. Message and data rates may apply to each text message sent and received. Check your phone capabilities for specific text messaging instructions. Check with your wireless service provider for details on these and other applicable charges. Text messaging is not available in all areas. By entering via SMS text you grant Sponsor your consent to reply to your device should you be selected a winner. You will receive reply messages if you’ve won a prize. Participants are solely responsible for any such wireless charges. Not all wireless carriers participate. Text message entries will be deemed to have been submitted by the registered owner of the wireless number used to enter. Proof of text message does not constitute proof of delivery or entry. (b) To play for free: Visit www.sunburstsmvp.com (“Website”) and follow the on-screen instructions to enter to find out if you’re a winner of an Instant-Win Prize (also a “Play”).
Randomly selected times, during the Promotion Period, will be chosen by the Sponsor, and the first participant who completes a Play (whose Play is properly received and recorded by Sponsor’s computer) on or immediately after a randomly-selected time during the Promotion Period will win an Instant-Win Prize. If you receive a message stating you are a winner, then you win the prize stated (subject to verification). Non-winners will receive a message to come back and enter for another chance to win. If you win an Instant-Win Prize, you will be notified instantly on-line, or via a reply text message (See rule #4 for details on how to claim prize). For each Play, you will also receive one (1) entry into the random drawing for the Grand Prize. See Rule #3 for Grand Prize Drawing details. All Plays must be received by 11:59:59 PM CST on February 3, 2013 to be eligible to win, regardless of entry method. Limit one (1) entry per person, per mobile number, per day, regardless of entry method. A “day” is defined as the twenty-four (24) hours between 12:00:00 AM CST and the following 11:59:59 PM CST. If more than one (1) entry is received from one (1) persons mobile number per day, only the first entry submitted will be considered valid. Any attempt to defraud or misrepresent the age, name, or address of an entrant may be prosecuted to the fullest extent permitted by law. Sponsor assumes no responsibility for (a) lost, late, misdirected, damaged, garbled or illegible entries (all of which are void); (b) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any Website or any combination thereof; or (c) any damage to any participant’s computer system/software related to or resulting from participation or downloading any materials in this Promotion. Sponsor assumes no responsibility for undeliverable emails resulting from any form of active or passive email filtering by a user’s Internet service provider and/or email client or for insufficient space in user’s email account to receive email. Proof of submitting entries will not be proof of receipt by Sponsor. It is the sole responsibility of the entrant to notify the Sponsor in writing if the entrant changes his/her phone number, email address or postal address prior to the selection of a winner. Online entrants are subject to all online notices including, but not limited to, Sponsor’s Privacy Policies.
In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the authorized account holder of the e-mail account of the email address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
2. ELIGIBILITY: Entrants must be eighteen (18) years of age or older at the time of entry. Open to legal residents of the fifty (50) United States of America and D.C. Void where prohibited by law. Employees of the Sponsor and its respective affiliates, printers, advertising and promotion agencies, wholesalers, distributors, or retailers and members of their families or households are not eligible to enter or win under any circumstances. Subject to all federal, state, and local laws and regulations. Winners agree to release Sponsor and its respective employees, officers, directors, agents, representatives, parent companies, affiliates, suppliers, distributors, advertisers, promotional, and judging agencies (“Released Parties”) from any and all liabilities, claims, or actions of any kind whatsoever for injuries, damages or losses to persons or property which may be sustained in connections with participating in this Promotion or receipt, ownership or use of any prize. By participating in the Promotion, you (a) agree to be bound by these official rules, including all eligibility requirements, and (b) agree to be bound by the decisions of Sponsor, which are final and binding in all matters relating to the Promotion. Failure to comply with these official rules may result in disqualification from the Promotion at the sole discretion of Sponsor.3. PRIZE DETAILS: One (1) Grand Prize winner and three (3) guests will receive a trip to attend the 2014 Big Game scheduled to take place in East Rutherford, NJ. Grand Prize includes: round-trip coach air transportation (from major airport near winner’s home within the U.S.) for winner and his/her three (3) guests, two (2) double-occupancy rooms for winner and three (3) guests for three (3) nights; four (4) tickets to the 2014 Big Game and a $500 cash stipend made payable to the winner. If Grand Prize winner’s residence is located within 250 miles of East Rutherford, NJ, ground transportation will be provided for the winner and his/her three (3) guests, at the sole discretion of the Sponsor. Winner and guests must travel on the same flight itinerary and comply with all security requirements. Winner and guests must have all necessary identification and/or travel documents (e.g. a valid U.S. driver’s license) required for travel within the United States within seven (7) days of travel. Any minor guests (under age 19 in NE or AL, 18 in all other states) on trip must be accompanied by minor’s parent or legal guardian who must be the winner. In lieu of the trip prize, Sponsor will offer Grand Prize winner a one-time cash payment in the amount of $9,000 cash. Approximate Retail Value (“ARV”) $12,000.
Ten (10) First Prize winners will each receive two (2) tickets to a 2014 regular season football game. ARV: $400 each prize.
For Grand Prize only: Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged. Winner and guests must travel between February 1, 2014 and February 4, 2014; no alternate travel dates are available. Winner must accept prize as stated or prize may be forfeited in its entirety and may be awarded to an alternate winner. Selection of airport, airline and travel dates are at Sponsor’s sole discretion. All travel and accommodations are subject to availability, change and restrictions. Actual value of prize depends on city, day, and time of departure. The difference between stated value and actual value will not be awarded to winner. If a prize offered becomes unavailable for any reason, Sponsor reserves the right to provide an alternate prize of equal or greater value. Guests accompanying winner must sign and return release of liability/publicity prior to booking travel. Ground transportation during the trip, meals, gratuities, luggage fees, incidental hotel charges, and all other expenses not specified herein are solely the winner’s responsibility. All prize details not specified in the official rules will be determined in Sponsor’s sole and absolute discretion. Once the travel guests are selected, they may not be substituted, except in Sponsor’s sole and absolute discretion. Winner and guests are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance.
Instant Win Prizes (2,800 total; 100 per day): Each Instant Prize winner will receive one (1) free coupon good for a package of NatureSweet® SunBursts™. ARV: up to $3.99 each. Instant Prize winner has ten (10) days to claim their free coupon. Coupon expires thirty (30) days from the day the coupon was printed and are subject to the terms and conditions listed thereon.
Total ARV of all prizes: $27,172.00. Prizes are not redeemable for cash and are non-transferable. Sponsor reserves the right to substitute a prize of equal or greater value. All federal, state, and local taxes on the prize are winner’s sole responsibility. Grand Prize Winner will be required to furnish his/her Social Security Number for the sole purpose of preparation of any tax forms. By accepting a prize, winner waives the right to assert as a cost of winning said prize any and all costs of redemption or travel to redeem said prize and any and all liability that might arise from redeeming or seeking said prize. Limit one (1) Instant Prize per person per mobile number/email address. Limit one (1) Grand Prize or First Prize per person/household. Except where prohibited, acceptance of any prize constitutes winner’s consent to use his/her name, likeness and biographical data for advertising and promotional purposes without additional compensation, unless prohibited by law.
4. RANDOM DRAWING/WINNER NOTIFICATION: Potential winners of Instant-Win prizes will be notified instantly on-line or via a reply text message at the mobile number provided at the time of playing. If a potential instant win prize winner participated via text message method of Play, he/she will receive a text message with instructions on how to claim his/her prize. Potential instant win prize winners who participated via text message method of Play must provide their email address within seventy-two (72) hours to claim prize or prize may be forfeited. Potential instant win prize winners who participated online will be required to provide complete email address and mobile number for fulfillment of prize. Failure to comply with on-screen instructions may result in prize forfeiture.
The Grand and First Prize winners will be determined in a random drawing from among all eligible entries received throughout the entire Promotion Period on or about February 11, 2013. Random drawing will be conducted by an independent organization (“Administrator”) whose decisions will be final in all matters relating to this Promotion. The Grand and First Prize winners will be notified by phone, text message and/or email and will be required to respond to the notification within forty-eight (48) hours to indicate whether he/she can accept the prize. If no response is received within the time allotted, prize may be forfeited. Sponsor is not responsible for suspended or disconnected Internet or wireless service which may result in potential winner not receiving initial prize notification. The Grand Prize winner will be required to sign an affidavit of eligibility and liability release within seven (7) days of notification or the prize may be forfeited. If a winner cannot be located or does not respond within seven (7) days, the prize may be forfeited. Instant Prize winner has ten (10) days to claim their free coupon. Coupon expires thirty (30) days from the day the coupon was printed. Odds of winning a Grand Prize and First Prize will be determined by the total number of entries received. Odds of winning an Instant Win Prize depend on the number of eligible Plays received and the order in which such Plays are received.
Sponsor is not responsible for suspended or discontinued wireless or on-line service which may result in a potential winner not receiving initial prize notification. If winner notification or prize is returned as undeliverable without a forwarding address or if winner is found to be ineligible or otherwise not in compliance with these Official Rules, prize may be forfeited and an alternate winner may be selected.
6. CONDITIONS: All participants, as a condition of participating in the Promotion, agree to release Sponsor and Promotion Parties from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses of any kind to persons, including death, or property which may be sustained directly or indirectly with the receipt, ownership, use or misuse of any prize awarded, or while preparing for, participating in or traveling to or from any prize-related activity or for any typographical or other error in these Official Rules or the announcement of offering of any prize. The winners shall bear all risk of loss or damage to their prize after it has been delivered. Sponsor makes no representations or warranties of any kind concerning the appearance, safety or performance of any prize. Except where prohibited by law, winners grant to Sponsor the right to print, publish, broadcast and use worldwide in any media now known or hereinafter known the winner’s name, address, voice, statement, picture or other likeness, without additional review, notification or compensation, for public relations, advertising and promotional purposes as may be determined by Sponsor. No more than the stated number of prizes will be awarded. In the event that a programming, production, seeding, printing or any other reasons cause more than stated number of prizes, set forth in these Official Rules, to be available and/or claimed in any prize category, Sponsor reserves right to conduct a random drawing to award only the stated number of prizes. Liability for a defective Play is limited to replacement with another during the Promotion Period. All participants agree to be bound by the terms and conditions of these Official Rules and by the decisions of Sponsor which are final and binding on all matters pertaining to the Promotion.
7. LIMITATIONS OF LIABILITY: Sponsor assumes no responsibility for (a) lost, illegible, late, misdirected, incomplete, mutilated, or non-delivered mail, Plays/entries or email; or for interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), Web site, telephone or other connections, availability or accessibility, or miscommunications, or failed computer, satellite, telephone or cable transmissions, or lines, or technical failure or jumbled, garbled, corrupted, scrambled, delayed, or misdirected transmissions, or computer hardware or software or telephone malfunctions, failures, or technical errors or difficulties, or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of Play/entry or other information or the failure to capture, or loss of, any such information; (b) any incorrect or inaccurate information, whether caused by Web site users, or by any equipment or programming associated with or utilized in this Promotion; any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of the Web site; and (c) any other unforeseeable events. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with Play/entry process or operation of Promotion or Web site, to be acting in violation of the terms of the Web site or to be acting in a non-sportsmanlike or disruptive manner, or with intent to threaten, abuse or harass any other person. Sponsor is not responsible for injury or damage to participant’s or any other person’s computer or mobile phone related to or resulting from participating in this Promotion or downloading or copying materials from or use of mobile phone or Web site. If, for any reason, Promotion, in the sole opinion of Sponsor, is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures or any other causes which, in sole opinion of the Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend Promotion, and randomly determine winners from all eligible, non-suspect Plays/entries received prior to action taken, or as otherwise deemed fair and equitable by Sponsor. In case of dispute, authorized account subscriber of e-mail account or mobile phone number used to enter at actual time of participating will be deemed to be the participant, and must comply with these Official Rules. The authorized account subscriber is deemed to be natural person who is assigned an e-mail address or mobile phone number by an Internet Access Provider, wireless service carrier, on-line service provider, or other organization that is responsible for assigning e-mail addresses or mobile phone numbers. It is solely the responsibility of the participant to notify Sponsor in writing if the participant changes his or her e-mail address or mobile phone number during the Promotion Period.
CAUTION: ANY ATTEMPT BY A USER OR PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS 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.
8. BINDING ARBITRATION: Any controversy or claim arising out of or relating to this Promotion shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE PARTICIPANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS PROMOTION IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THIS PROMOTION, EACH PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY PARTICIPANT.
9. GOVERNING LAW & JURISDICTION: These Official Rules and the Promotion are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Promotion Official Rules, or the rights and obligations of participant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 8 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in Bexar County, Texas.
10. WINNERS’ NAMES: To receive a copy of the Official Winners list, send a self-addressed, stamped envelope to: NatureSweet® MVP Promotion Winner’s List, PO Box 3000, Dept. 939-700, Young America, MN 55558. All requests for the winners’ names must be received by March 3, 2013.
SPONSOR: NatureSweet® LTD., 2338 N Loop 1604 W, Suite 200, San Antonio, TX 78248.Administrator: Young America, 717 Faxon Road Young America, MN 55397