SWISS S’MORES SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ENTRY IS OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES OR THE DISTRICT OF COLUMBIA WHO ARE AT LEAST EIGHTEEN (18) YEARS OF AGE OR OLDER (OR AGE OF MAJORITY IN HIS OR HER STATE OF RESIDENCE IF THE AGE OF MAJORITY IN THAT STATE IS GREATER THAN EIGHTEEN (18)) AT THE TIME OF ENTRY. VOID WHERE PROHIBITED. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK.
1) SWEEPSTAKES CALENDAR: The Swiss S’mores Sweepstakes (the “Sweepstakes”) begins at 12:01 A.M. Eastern Time (“ET”) on July 12, 2013 and ends at 11:59 P.M. ET on August 10, 2013 (“Promotion Period”) with the last day for entry being August 9, 2013. The Sweepstakes will include four (4) entry periods (each an “Entry Period”). Each Entry Period within the Promotion Period will begin at 12:01 A.M. ET on the “Start Date” and end at 11:59 P.M. ET on the “End Date” shown in the Entry Period Summary Chart below. Entries submitted will only be eligible for the respective Entry Period in which the entry was received. Entries will not rollover into any remaining subsequent drawings. The official time keeper for this Sweepstakes will be the date/time stamp associated with each entry.
Entry Period Summary Chart: All dates are 2013 calendar year.
Week # 1 2 3 4
Start Date 7/12 7/20 7/27 8/03
End Date 7/19 7/26 8/02 8/09
Drawing/Announce Date 7/20 7/27 8/03 8/10
2) ELIGIBILITY: The Sweepstakes is open to legal residents of the fifty (50) United States or the District of Columbia who are at least eighteen (18) years of age and older (or age of majority in his or her state of residence if the age of majority in that state is greater than eighteen (18)) (each an “Entrant”). Employees, officers, directors, and immediate family members of the Sponsor (defined below) and its respective parent company, affiliated and subsidiary companies, advertising and promotion agencies, including but not limited to Emmi USA, The S3 Agency, Marden-Kane, Inc., legal and financial advisors, any and all other companies associated with this Sweepstakes are not eligible to enter. For purposes of this Sweepstakes, “immediate family members” means parents, spouses, children, siblings, in-laws, grandmothers or grandfathers, and their respective spouses (regardless of where they reside) and persons living in the same household of these individuals and “employees” means any compensated individual designated as a full-time or part-time employee or third-party consultant. Void where prohibited. The Sweepstakes is subject to all federal, state, and local laws.
3) HOW TO ENTER THE SWEEPSTAKES: No Purchase Necessary. At any point during any of the Entry Periods, go to http://www.facebook.com/EmmiUSA, “like” the page, and follow the on-screen instructions to complete the Sweepstakes entry form by providing your name, email address, street address, city, state, and zip code. Limit one (1) entry per person per day. Entries received for any Entrant in excess of the maximum will not be eligible. All entries become the property of Sponsor and will not be returned. By entering, Entrants acknowledge compliance with these Official Rules.
4) RANDOM DRAWINGS FOR WINNERS: At the end of each Entry Period, as outlined in Rule #1, a random drawing will be conducted to select one (1) winner for each Entry Period. Drawings will be conducted by Administrator from among only the eligible entries received for each respective Entry Period. All prizes will be awarded except in the event that there are a fewer number of eligible entries received than available prizes in any Entry Period. Odds of winning depend on the total number of eligible entries received for the respective Entry Period. Acceptance of a prize constitutes permission for Sponsor and its designees to use winners’ name and likeness for advertising and promotional purposes without additional compensation unless prohibited by law.
5) PRIZES: One (1) prize will be awarded for each Entry Period. There are four (4) total prizes. Each prize winner will receive a Swiss S’Mores Deluxe Pack containing an Emmi Fondue Set, two boxes of Emmi Swiss Chocolate Fondue, two boxes of Polly Style Crackers, and two dozen marshmallows from Whimsy & Spice; Approximate Retail Value (“ARV”) of each prize is $95.00. Total ARV of all prizes is $380.00. Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value if advertised prize becomes unavailable. All details of any prize not specified herein shall be determined solely by Sponsor. All federal, state or other tax liabilities arising from this Sweepstakes are the sole responsibility of each respective prize winner. Prize will be mailed to the street address provided at time of entry. Sponsor will not replace any lost, stolen, or damaged prize. The return of any prize or prize notification as undeliverable or noncompliance with these Official Rules by any potential prize winner will result in forfeiture of prize. Unclaimed prizes will not be awarded. Allow approximately 1 week for prize delivery. Limit of one (1) prize per person/household. No substitution, cash redemption or transfer of any prize (or portion thereof) is permitted, except by the Sponsor who reserves the right, in its sole discretion, to substitute a prize (or portion thereof) of comparable or greater value.
6) LIMITATION OF LIABILITY: ENTRANTS HEREBY AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR, ADMINISTRATOR, MARDEN-KANE, INC., FACEBOOK, AND THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, DIVISIONS, ADVERTISING AND PROMOTION AGENCIES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, AND SHAREHOLDERS, (COLLECTIVELY, THE “RELEASEES”) FROM ANY CLAIMS, ACTIONS, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES), INJURY, LOSS OR DAMAGE OF ANY KIND, (COLLECTIVELY, “CLAIMS”), INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH, RESULTING FROM PARTICIPATING IN THIS SWEEPSTAKES, OR ANY CLAIMS ARISING FROM THE ACCEPTANCE, POSSESSION, OR USE OR MISUSE OF ANY PRIZE AWARDED OR PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY. THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OF DAMAGE TO PROPERTY; AND CLAIMS BROUGHT BY THIRD PARTIES. ENTRANTS AGREE THAT RELEASEES HAVE NOT MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, STATUTORY, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE), IN FACT OR IN LAW, RELATIVE TO THE SWEEPSTAKES OR ANY PRIZES AWARDED HEREIN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RELEASEES DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SWEEPSTAKES WEBSITE OR ANY WEB PAGES RELATING TO THE SWEEPSTAKES AND RELEASEES SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATED THERETO. Releasees are not responsible for lost, late, incomplete, illegible, inaccurate, delayed, garbled, mechanically reproduced, damaged, postage due entries, stolen or misdirected entries or submissions, or problems of any kind, whether mechanical, human or electronic. Releasees are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, inability to access a website or submit an entry, fraud, incomplete, garbled, or delayed computer transmissions or inaccurate transcription of entry information, whether caused by the Sponsor, users or by any of the equipment or programming associated with or utilized in this Sweepstakes or by any technical or human error which may occur in the processing of submissions which may damage a user’s system or limit an Entrant’s ability to participate in the Sweepstakes. Entry materials that have been tampered with or altered are void. Sponsor reserves the right, in its sole discretion, to modify, cancel, or suspend part or all of this Sweepstakes or modify these Official Rules at any time without notice, if in the Sponsor’s or Administrator’s opinion there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Sweepstakes, or if virus, bugs, non-authorized human intervention or other causes corrupt or impair the administration, security, fairness or integrity and proper play of the Sweepstakes. In such event, Sponsor may void any entries they suspect are at issue and award prizes from among all eligible entries received up to the date of cancellation. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY ONLINE SERVICE RELATED TO THIS SWEEPSTAKES OR TO 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 (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. 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. Any attempts by an individual to access any website associated with this competition via a bot script or other brute force attack or any other unauthorized means will result in the IP address and all entries from that IP address becoming ineligible. Use of automated entry devices or programs is prohibited.
8) WHO WON: The name of the prize winner for each Entry Period will be posted following the close of each Entry Period at https://www.facebook.com/EmmiUSA.
9) SPONSOR & ADMINISTRATOR: Sponsor: Emmi USA, 100 Dutch Hill Road, Suite 220, Orangeburg, NY 10962. Administrator: The S3 Agency, 716 Main Street, Boonton, NJ 07005.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook. You understand that you are providing your information to The S3 Agency and not to Facebook. The information you provide will only be used for verification of your eligibility to participate in the promotion and for prize fulfillment purposes as needed. Please direct any questions or comments regarding this promotion to The S3 Agency by emailing them directly at [email protected]
© 2013 Marden-Kane, Inc. All rights reserved. These Official Rules may not be copied, edited, or used for any other purpose, commercial or otherwise, without the express written consent of Marden-Kane, Inc.