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1. ELIGIBILITY: NO PURCHASE NECESSARY TO ENTER OR CLAIM PRIZE. Open to legal residents of the 50 United States and District of Columbia (“U.S.”) who are 18 years of age or older at time of entry. Employees, officers and directors of Sunny Delight Beverages Company (the “Sponsor”), Orlando/Orange County Convention & Visitors Bureau, Inc., their respective subsidiaries, affiliates, advertising and promotion agencies, any other entities involved in the production and execution of this promotion, and members of the immediate families (spouses and parents, siblings, children and their spouses and in-laws) and persons living in the same household of such individuals (whether related or not) are not eligible. Void where prohibited.
2. TO ENTER: During the dates of May 4, 2008 through October 26, 2008, the Sunmobile Truck will be appearing at various events. You may enter at one of these events by hand printing your name, address, telephone number and date of birth on an official entry form (while supplies last) or on a 3” x 5” piece of paper and submitting it to the SunnyD personnel at that event. Visit www.SunnyD.com for a schedule of Sunmobile Truck appearances and locations. Limit one entry per person per event.
3. RANDOM DRAWINGS/PRIZES: At the end of each event, a random drawing will be conducted by SunnyD personnel from among all eligible entries received at that event to award the following prize: one apple iPod Shuffle, 1 GB. Approximate retail value $50.
ENTRANT MUST BE PRESENT TO WIN. In the event that the entrant whose name is drawn as a winner is not present, another entrant’s name will be drawn. This process will repeat until there is a winner present. Prize will be awarded at the event.
Odds of winning depend on the number of eligible entries received and the number of entrants present at time of drawing.
4. GENERAL: All taxes on prizes are the sole responsibility of winners. By participating, entrants agree (a) to these rules and decisions of judges which shall be final in all respects; (b) to release and hold harmless Sponsor, Orlando/Orange County Convention & Visitors Bureau, Inc., their respective parents, affiliates, subsidiaries, and related companies, advertising or promotion agencies, and all of their respective officers, directors, employees, agents and representatives from any and all claims, demands, costs, expenses, liability, losses or damages of any kind resulting from their participation in the promotion or their acceptance, use or misuse of a prize, or participation in any prize-related activity including travel to and from any prize-related activity, and, including liability for personal injury, death, or property damage; (c) if a winner, to the use of name and/or photograph for advertising and publicity purposes without compensation (unless prohibited by law) and to execute specific consent to such use if asked to do so, and to the announcement of their name, city and state; and (d) that Sponsor and its agents have not made any representation, warranty or guaranty, in whole or in part, in law or in fact, relative to the prizes. Winners may be required to complete an affidavit of eligibility and liability release and (where legal) a publicity release, which must be returned within time period specified by Sponsor or an alternate winner may be selected. Return of any prize/prize notification as undeliverable may result in disqualification of winner and selection of an alternate winner. If a winner is not of the age of majority in his/her state of residence (a “minor”), prize will be awarded in the name of a parent or legal guardian, and the affidavit and release (if applicable) must also be signed by that minor’s parent or legal guardian.
Sponsor, Orlando/Orange County Convention & Visitors Bureau, Inc., their respective parents, affiliates, subsidiaries, and related companies, advertising or promotion agencies, or all of their respective officers, directors, employees, agents and representatives are not responsible and shall not be liable for: (a) any error which may occur in the processing of entries; (b) late, lost, illegible, incomplete, damaged or misdirected entries or mail; and (c) any condition caused by events that may cause the promotion to be disrupted or corrupted. Sponsor reserves the right in its sole discretion to cancel or suspend the sweepstakes or any portion thereof should any causes corrupt the administration, security or proper play of the promotion; in which case, all prizes will be awarded via a random drawing from among all eligible entries legitimately received prior to cancellation. Entries become the property of Sponsor. No prize transfer. No prize substitution except at Sponsor’s sole discretion.
5. ARBITRATION/CHOICE OF LAW: Except where prohibited, entrants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this promotion, or any prize awarded, or the determination of the winners, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of the American Arbitration Association, then effective, in Hamilton County, Ohio, (b) any and all claims, judgements and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this promotion but in no event attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and/or Sponsor in connection with the promotion, shall be governed by, and construed in accordance with, the laws of the State of Ohio, without regard for conflicts of law doctrine, and all proceedings shall take place in Hamilton County, Ohio.
6. WINNER’S NAME: For winner’s name, mail a self-addressed, stamped envelope along with a not indicating the date and location of the particular Sunmobile Truck event drawing to be received by December 15, 2008 to: SunnyD iPod Giveaway Winners, c/o MatchPoint Marketing, PO BOX 14, Carnegie, PA 15106.
Sponsor: Sunny Delight Beverages Company, 4747 Lake Forest Drive, Cincinnati, OH 45242.
iPod Shuffle is a trademark of Apple Inc. Apple Inc. is not a participant or sponsor of this Promotion. |