Nutritious Meets Delicious SWEEPSTAKES RULES
WINNING. VOID WHERE PROHIBITED, SOME RESTRICTIONS APPLY.
2. Sponsor; Administrator: The Sponsor of this Sweepstakes is Dean East, LLC and Dean East II, LLC and the
Independent Sweepstakes Administrators is Rinck Advertising and dLoad. The decisions of the Sponsor and
Independent Sweepstakes Administrator will be considered final in all matters related to the Sweepstakes.
3. Dates of the Sweepstakes:
“Nutritious Meets Delicious Sweepstakes” (the “Sweepstakes”) takes place from December 27, 2010 to February 28, 2011 (the “Sweepstakes Period”). All text message and email entries must be received by 11:59:59 p.m. EST on February 28, 2011.
4. Acceptance of Official Rules: By entering, you agree to be bound by these official Sweepstakes rules (these “Official Rules”).
5. Eligibility: All participants must be residents of Florida, North Carolina, South Carolina, Tennessee, Alabama, Kentucky, Indiana, Ohio, Mississippi, Virginia, Georgia, Illinois, Missouri, who are at least sixteen (16) years of age. All participants under the age of 18 will require parental/guardian approval to enter these Sweepstakes, and Sponsor reserves the right to confirm that such approval was granted before awarding any of the prizes set forth hereunder. Employees and their immediate family members living in the same household of Sponsor, its subsidiaries or affiliated companies, or the agencies of any of them are not eligible to enter the Sweepstakes or to win any prize.
6. How to Enter: There are two (2) ways to enter the Sweepstakes: i) via text message; or ii) online.
(i) Use your text message enabled cell phone to text the letters “XBOX” to 80672 in order to enter the Sweepstakes. Once you send the text message, you will be entered automatically into the Sweepstakes. You will be charged for all text messages sent and received by your mobile phone according to the terms in your individual calling plan. Please consult your wireless service provider regarding its pricing plans and capabilities. By entering this Sweepstakes, you are agreeing to receive a wireless message from dLoad relating to this Sweepstakes. After completing your Sweepstakes entry via SMS, you will receive a second text from Administrator offering you an opportunity to receive future texts from the Sponsor with respect to these Sweepstakes as well as other offerings, products and new releases. If you choose to receive future messages, you will receive a text message from Administrator confirming your request. For users under the age of 18, parental / guardian consent shall likewise be required before requesting future messages. Please use caution and do not drive while texting an entry to the Sweepstakes. (ii) Enter online by visiting www.Milksweeps.com and completing the online entry form.
Entries are void if they are in whole or in part illegible or incomplete. No responsibility is assumed for late, lost, incomplete, illegible or misdirected entries.
All text messages and online entries will be pooled and will automatically be entered into the Sweepstakes. Once registration is complete by text message, participant will receive one (1) automatic entry into the drawing. Limit of one (1) entry per person, via text-based entry. Limit one (1) entry per person, per day via online entry. Submission of entries from one person, email address or mobile telephone number in excess of the stated limitation may result in disqualification of all such entries.
7. Prizes: 75 winners shall receive the Grand Prize of a XBOX 360 game system for the amount of $400 for a Total Retail Value (TRV) at $30,000. Winners will be selected on or about March 15, 2011. All prize winners are solely responsible for all applicable federal, state and local taxes. In the event that there is an insufficient number of eligible entries, Sponsor reserves the right not to award the prizes. Estimated retail values: $400. No substitutions, transfers, or assignments of prizes allowed. In the event of unavailability, Sponsor may substitute a prize of equal or greater value.
8. How Prize is Awarded: The Prize Winners will be notified by Sponsor within one week from the random drawing, and their eligibility will be verified by either: (i) calling each winner at the mobile numbers that were provided at the time of entry, or (ii) by sending an email to the applicable winner’s email address provided during online registration, depending upon the method of entry. Each form of notification will advise the individual that he/she is a winner and Sponsor will provide information on how to collect the prize. Each Prize Winner must respond within seven (7) days, or will forfeit the prize and another prize winner will be selected. In the event that a prize winner cannot be contacted, another prize winner may be chosen. The return of any prize notification or prize as undeliverable or any other noncompliance with these Official Rules may result in forfeiture of the prize.
Prize Winners may be required to execute an Affidavit of Eligibility and Release (“Affidavit”) and if so, the Affidavit must be completed and returned within fourteen (14) days of notification or another prize winner will be selected. Should the estimated retail value of the prize equal or exceed $600, prize winner shall be required to provide a Social Security Number to Taxpayer Identification Number to Sponsor for issuance of a 1099 Form.
As provided above, Sponsor reserves the right to confirm that parental / guardian approvals were given to enter the sweepstakes.
9. Odds of Winning: The odds of winning depend upon the number of eligible entries received during the Sweepstakes Period.
10. Conditions of participation: By participating in the Sweepstakes, you agree to be bound by the decisions of the Sponsor which shall be final and binding in all cases. Persons who are found and/or determined to violate any term of these Official Rules, gain unfair advantage in participating in the Sweepstakes, or obtain winner status using fraudulent means will be immediately disqualified. Unsportsmanlike, illegal, disruptive, annoying, harassing or threatening behavior is prohibited and will also result in immediate disqualification. The Sponsor will interpret these Official Rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Sweepstakes and the Sponsor’s decisions concerning such disputes shall be final. If for any reason the Sweepstakes is not capable of being conducted as described in these Official Rules, Sponsor shall have the right to cancel, terminate, modify or suspend the Sweepstakes. In the event of a dispute over the identity of a text message or email entrant, entry will be deemed submitted by the authorized holder of the wireless or email account. All decisions will be made by the Sponsor and are final in all respects. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. The Sponsor reserves the right, at its sole discretion, to disqualify any individual who violates these Official Rules or applicable law, tampers with the entry process or the operation of the Sweepstakes, engages in any conduct detrimental to Sponsor, Administrator, the Sweepstakes or any other entrant (in each case as determined in Sponsor’s sole discretion), to lock out any individual whose eligibility is in question, and to cancel, terminate, modify or suspend these Sweepstakes at any time. WARNING: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK FROM ANY SUCH PERSON DAMAGES AND ANY OTHER REMEDIES AVAILABLE TO THE SPONSOR TO THE FULLEST EXTENT PERMITTED BY LAW.
11. Release: Unless expressly prohibited by law, acceptance of any prize offered constitutes permission for Sponsor and Administrator to use the name, voice, and/or likeness (photo, videotape or film) and basic personal information of any and all Prize Winners in any media now known or hereafter developed, for purposes of advertising and promotion, including posting on Sponsor’s and author’s website, worldwide and in perpetuity, without further compensation to the participants.
12. Release: Unless prohibited by law, each participant hereby releases the Sponsor, Administrator and their respective parents, affiliates, subsidiaries, advertising and promotion agencies and their respective directors, officers, employees, representatives, and agent from any and all liability for any injuries, loss, harm, damage of any kind to person or property, including death, cost or expense, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a prize, participation in the Sweepstakes and any participation in any activity relating to the Sweepstakes. Sponsor and its parent, subsidiaries or affiliated companies are not responsible for lost, late, incomplete, inaccurate, stolen, damaged, delayed, misdirected, undelivered or garbled entries or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the Prize Winners prize or in any Sweepstakes-related materials. Upon the occurrence of any of the foregoing, Sponsor reserves the right to rescind, revoke or terminate these Sweepstakes without liability or recourse at its sole discretion. All federal, state, and local laws apply.
13. L13. Limitation of Liability: THIS PROMOTIONAL EVENT IS THE SOLE VENTURE OF DEAN FOODS AND IS NOT SPONSORED BY, ENDORSED BY, OR OTHERWISE AFFILIATED WITH XBOX®. XBOX® IS A REGISTERED TRADEMARK OF MICROSOFT CORPORATION. SPONSOR, DEAN FOODS, AND PRIZE SUPPLIERS ARE NOT RESPONSIBLE FOR PRINTING OR TYPOGRAPHICAL ERRORS IN ANY GIVEAWAY-RELATED MATERIALS; STOLEN, LOST, LATE, MISDIRECTED, DAMAGED, INCOMPLETE, ILLEGIBLE OR POSTAGE-DUE MAIL. IN NO EVENT WILL THE SPONSOR, ADMINISTRATOR, THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, RELATED COMPANIES, THEIR RESPECTIVE ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR ACCESS AND SUBMISSION TO, AND USE OF THE SWEEPSTAKES AND/OR THE PRIZES THAT ARE AWARDED UNDER THESE SWEEPSTAKES. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES. IN THOSE JURISDICTIONS, THESE PROVISIONS SHALL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
14. Disclaimer of Warranties: THE SWEEPSTAKES AND THE PRIZES ARE 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 OR NON-INFRINGEMENT. ,
15. Taxes: Any valuation of the prize stated above is based on available information provided by or to the Sponsor, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Each winner is solely responsible for reporting and paying any and all applicable federal, state and local taxes related to the prize(s) and paying any expenses associated with any prizes which are not specifically provided for in the Official Rules. Prizes are not transferable, redeemable for cash or exchangeable for any other prize, unless specifically permitted under these Official Rules. Any person winning over $600 in prizes will receive an IRS form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS.
16. Governing Law and Jurisdiction: This promotion is governed by U.S. law and is subject to all applicable federal, state and local laws and regulations. Void where prohibited. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant in connection with this Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to the conflict of laws rules thereof. Any dispute arising in connection with these Sweepstakes shall be adjudicated solely in the courts situated in the County of Androscoggin, in the State of Maine.
17. Winners’ List: All prize winner names will be made available by mail upon written request to Administrator at the address below. Please include a stamped, self-addressed return envelope and mail your request by February 28, 2011.
Nutritious Meets Delicious SWEEPSTAKES Administrator: Rinck Advertising, 2 Great Falls Plaza, Auburn, Maine, 04210