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BIRDS EYE VOILA! GREAT PUMPKIN PROMOTION
OFFICIAL RULES SWEEPSTAKES OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA, 18 AND OLDER US LAWS GOVERN THIS SWEEPSTAKES VOID IN APO/FPO ADDRESSES, PUERTO RICO AND WHERE PROHIBITED NO PURCHASE NECESSARY. A purchase will not increase your chances of winning. 1. Sweepstakes Timing/Description: The Birds Eye Voila! Great Pumpkin Promotion (“Sweepstakes”) begins at 12:01 AM ET on 9/2/08 and ends at 11:59:59 PM ET on 12/31/08 (“Promotion Period”). A random drawing will be held weekly, monthly and at the end of the Promotion Period to award the Weekly, Monthly and Grand Prizes. 2. How to Enter: Go to www.birdseyevoila.com at any time during the Promotion Period, and click on the promotion icon. Complete the registration page including your name, address, phone number, date of birth, email address, and password. Once completed, click “submit” and you will automatically receive an entry in the Sweepstakes. Returning players will simply enter their email address and password. Entries must be received by 11:59:59 PM ET on 12/31/08 in order to be eligible. Limit one entry per person/email address per day throughout the Promotion Period. Limit one (1) email address per person. For the purposes of this promotion, a “day” is defined as the 24-hour period beginning at 12:01 AM ET and ending at 11:59:59 PM ET of that same day. Use of any automated entry software is prohibited. Entries submitted with multiple e-mail addresses, under multiple identities or through the use of any agent or other device or artifice to enter multiple times in one day will be deemed invalid. Birds Eye Foods, PO Box 20670, Rochester, NY 14602-0670 (“Sponsor”), and Strobe Promotions, Inc., 535 So. Broadway, Suite 203, Hicksville, NY 11801 (“Promoter”) assume no responsibility for incorrect or inaccurate entry information, human error or technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any computer equipment or software, or any combination thereof, or for lost, stolen, late, illegible or misdirected entries or mail. If a dispute results as to the identity of an online participant, it will be determined that the entry was submitted by the authorized account holder of the email address from which the entry is made. For these purposes, the authorized account holder is the natural person assigned to an e-mail address by an Internet access provider, on-line service provider or other organization responsible for assigning email addresses or the domain associated with the submitted email address. Sponsor will collect information from the entrant solely for the purpose of notifying winner and awarding prize. Sponsor will not share this information with any third parties, including any prize providers, except as necessary for the administration of the Sweepstakes, and the awarding of the prize, and will not otherwise attempt to contact entrant, and will abide by the terms of Sponsor’s privacy policy located at www.birdseye.com. 3. Eligibility: Open to legal residents of the 50 United States and the District of Columbia, 18 years of age or older at time of entry. Employees, directors and officers, and their immediate families (spouse, parents, children, siblings, and their respective spouses), and the respective household members, of Sponsor, its parent company, their respective affiliates, subsidiaries, divisions, agents, individuals engaged in the development, production or distribution of sweepstakes materials, advertising and promotion agencies, and Promoter, are not eligible to participate. Sweepstakes is subject to all federal, state, and local laws. U.S. law governs this Promotion. Sweepstakes void in APO/FPO addresses, Puerto Rico and where prohibited. Sponsor reserves the right to disqualify participants who violate these Official Rules or interfere with this Sweepstakes in any manner. If a participant is disqualified, Sponsor reserves the right to terminate that participant’s eligibility to participate in the Sweepstakes. 4. Prize Drawings: Random drawings will be conducted at the end of each week, month and at the end of the Promotion Period to award the Weekly, Monthly and Grand Prizes. (“Prize Drawings”) Entries are only included in the month in which they are received, and will not be included in subsequent monthly drawings. A participant is automatically entered in the Prize Drawings when they complete and submit the online registration form. Weekly Entry Chart
Monthly Entry Chart
The Grand Prize Drawing will be held on or about 1/15/09, and will be from among all eligible entries received throughout the Promotion Period. All entries become the property of the Sponsor and none will be returned. Winners will be selected in a random drawing by Promoter, an independent judging organization, from among all eligible entries received. Each entry will have an equal chance of winning. Grand Prize winners will be notified by U.S. mail and/or email. Decisions of the judges will be final and binding on all matters relating to this Sweepstakes. 5. Prizes/Odds of Winning: (2) Grand Prize: A 4 day/3 night trip for 4 to ride the Peanuts Great Pumpkin Patch Express. Winner will have the choice of Durango, CO or Asheville, NC. Trip must be taken October 15 – 18, 2009 or October 22 - 25, 2009. Prize includes round trip coach class air transportation from the closest major airport to the winner’s home to the destination city, 3 night’s hotel accommodations (quad occupancy), rental car, $500 spending money and 4 tickets for either the Durango & Silverton Narrow Gauge Railroad or the Great Smoky Mountains Railroad’s Peanuts The Great Pumpkin Patch Express. ARV: $7,500/each. (18) Weekly Prizes: One prize will be awarded each week of the promotion. A Peanuts Prize Pack. Prize includes a Snoopy Sno-Cone machine, 2 DVDs, 1 metal lunch box, stickers, key chain and a t-shirt. ARV: $60/each. (4) Monthly Prizes: One prize will be awarded each month of the promotion. September’s prize is a $250 Restaurant Cash Card. October’s prize is a $250 Gas Cash Card. November’s prize is a $250 Movie Cash Card and December’s prize is $250 Family Fun Night Out. ARV: $250/each. All monthly prizes will be awarded as an American Express Gift Cheque. Odds of winning are dependent on the number of eligible entries received throughout the promotion period. 6. Prize Restrictions: All prizes will be awarded within 4-6 weeks after the Promotion Period. (Subject to Sponsor’s verification of eligibility.) Prizes are non-transferable; no substitutions allowed except by Sponsor due to unavailability, in which case substitution will be of equal or greater value. All applicable taxes and any other costs not specifically stated herein are responsibility of the winner. Any and all guarantees and warranties of merchandise prizes are subject to the manufacturers’ terms and conditions, and winners agree to look solely to such manufacturers for any such warranty or guarantee claim. If winner is unable to travel on October 15 – 18, 2009, or October 22 – 25, 2009, prize will be forfeited and an alternate winner selected, providing sufficient time is available. Actual ARV of trip prize may vary based on winner’s point of departure and existing rates at time of travel. Final travel arrangements and choice of hotels to be determined by Sponsor in its sole discretion. Guests who are minors must be accompanied by parent/legal guardian. Winners and guests or parent or legal guardian of minor guest must sign a travel release prior to traveling. Travel subject to availability and confirmation of reservations, certain travel restrictions and blackout dates may apply. The trip may not be combined with any other offer. Winners and guests must travel on the same itinerary at the same time. All airline tickets issued in conjunction with prize are not eligible for frequent flyer miles, and no code-share flights may be used. Prize components cannot be used in conjunction with any other promotion or offer, and no portion may be separated except at Sponsor's sole discretion. If the Grand Prize Winners lives within 100 miles of prize destination city, the air transportation portion of the prize will not be awarded and ground transportation will be substituted and no additional compensation will be provided. Winners and guests must possess a valid ID in order to travel. Winners and guests are responsible for obtaining travel insurance (and all other forms of insurance) where applicable, at their option, and hereby acknowledge that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. If any part of the trip’s itinerary is unable to take place as planned, for any reason, beyond the control of the Sponsor, including but not limited to, cancellation, scheduling conflicts, political conflicts or war or an event of force majeure, the remaining components of the prize will be awarded and Sponsor’s obligation to the winner will be fulfilled, and no other additional compensation will be provided. Grand Prize Winner must confirm available travel dates and flight times selected by the Sponsor at least two (2) weeks prior to travel dates. No extension or change of trip dates permitted. Sponsor will not replace any lost or stolen tickets, travel vouchers, certificates or similar items once they are in the Grand Prize Winner’s possession, or in the possession of Grand Prize Winner’s guests. Tickets awarded as part of a prize are subject to terms and conditions stated on such tickets. 7. Grand Prize Notification: Potential Grand Prize winners will be contacted via email and/or mail on or about 1/20/09. Winner confirmation is subject to verification and compliance with these Official Rules. Potential winners of Grand Prize will be required to sign and execute an affidavit of eligibility and liability release and where legal, a publicity release and federal and state tax release, and return same, properly executed, within 14 days of issuance of notification. Failure to return any or all documents as specified, a prize or prize notification being returned as undeliverable, or potential winner not complying with any term of these Official Rules will result in the participant being disqualified and the prize may be awarded to a potential alternate winner. 8. Conditions of Participation: By entering, entrants agree to be bound by these Official Rules and the decisions of the judges, which are final. All materials submitted in connection with the Sweepstakes become the property of the Sponsor and will not be returned. By entering, every winner consents to the use of his/her name, image, likeness, photograph, voice and biographical material for advertising, publicity and promotional purposes by Sponsor, or a party designated by the Sponsor, in any and all media now or hereafter known including but not limited to, any online announcements, or for sharing this information with the press for viewing, whether TV, print, or internet throughout the world in perpetuity, without additional compensation, notification or permission, except where prohibited by law. Entrants agree to release and hold harmless Sponsor, its parent company, all prize providers, their respective affiliates, agencies, Promoter and their employees, officers, directors and shareholders, and United Feature Syndicate, Inc. and Charles M. Schulz Creative Associates and their respective parent companies, affiliates, employees, officers, directors and shareholders (“Releasees”) from any claims, actions, injury, loss or damage of any kind, including but not limited to, personal injury or death, resulting from participating in this Sweepstakes or from the acceptance, possession, or use or misuse of any prize awarded or participation in any prize-related activity. 9. Internet: If for any reason this Sweepstakes is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to void any entries at issue, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award the prize using all non-suspect eligible entries received as of this termination date. Releasees assume no responsibility for incorrect or inaccurate transcription of entry information, or for any human or printing error, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, delay in operation or transmission, line failures of any kind including computer equipment, software, inability to access any online service or web site, inability to submit the online registration form, or any other error or malfunction, or for destruction or unauthorized access to, or alteration of, entries, or for late, lost, stolen, illegible or misdirected entries. Sweepstakes materials that have been tampered with or altered are void. Releasees are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. Sponsor reserves the right to disqualify entrants who violate the rules or interfere with this Sweepstakes in any manner. If an entrant is disqualified, Sponsor reserves the right to terminate that entrant’s eligibility to participate in the Sweepstakes. 10. Winners List: To request a winner’s list, available after 2/15/09, send a self addressed stamped envelope by 3/1/09 to: Birds Eye Voila! Great Pumpkin Promotion Winners, PO Box 913, Bethpage, NY 11714-0913. Residents of VT may omit return postage. |
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