Rules and Regulations
TERMS AND CONDITIONS/OFFICIAL RULES
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
1. Eligibility: Charlie's Brain Pleasers (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years of age or the age of majority in their jurisdiction of residence at the time of entry, whichever is greater. Employees and agents of Sponsor (as defined below), its affiliates, subsidiaries, advertising and promotion agencies, any other prize sponsor, and any entity involved in the development, production, implementation, administration or fulfillment of the Promotion (all of the foregoing, together with Sponsor, collectively referred to as "Promotion Entities"), as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. The third party trademarks used herein are trademarks of their respective owners. Participation in the Sweepstakes constitutes entrant's full and unconditional agreement to these Terms and Conditions/“Official Rules” and Sponsor's and Administrator's decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: Starkist Co. 225 North Shore Drive, Suite 400, Pittsburgh, PA 15212. Administrator: Pavone, 1006 Market Street, Harrisburg, PA 17101. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook. You understand that you are providing your information to Sponsor and not to Facebook.
3. Timing: The Sweepstakes begins on December 30, 2013, at 12:00 a.m. Eastern Time ("ET") and ends on February 2, 2014, at 11:59 p.m. ET (the "Promotion Period"). The Grand Prize Drawings each week will occur no later than 5:00 p.m. ET on Mondays, January 6, January 13, January 20, January 27 and February 3. Administrator's computer is the official time-keeping device for the Sweepstakes.
Limit: Players may enter the Grand Prize drawing up to one (1) time per week during the Promotion Period. At the end of each week, entries will be refreshed, all non-winning entries from each week will NOT carry forward to the subsequent week's drawing. To qualify for multiple weekly drawings, players must enter each week to be eligible for that week's prize. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of plays by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant's plays and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, or misdirected registrations, which will be disqualified. In the event of a dispute as to any registration or play, the authorized account holder of the email address used to register will be deemed to be the entrant or player. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder.
5. Sweepstakes Prize Selection and Verification of Potential Winners: Receiving a prize is contingent upon compliance with these Official Rules. For purposes of this Sweepstakes, a day begins at 12:00 a.m. ET and ends at 11:59 p.m. ET on the same calendar day. Prizes will be fulfilled upon winner confirmation at the conclusion of each weekly drawing.
6. Grand Prize Drawings: The first (1st) time an entrant completes a Game each week during the Promotion Period, he/she will receive one (1) entry into the Sweepstakes drawing for that week. An entrant may play multiple Games during each day, but only the first (1st) entry each week will result in a Sweepstakes entry. The Sponsor will conduct the Grand Prize Drawing no later than 5:00 p.m. ET on every Monday during the Promotion Period, excluding the start date, December 30, 2013. One (1) winner will be chosen per week from that week's entries. For the purpose of the Grand Prize drawing, one week will be from Monday 12:00 a.m. ET and ends at 11:59 p.m. ET Sunday night. The potential winner will be notified promptly via email. Once a winner replies with his/her mailing information, the Administrator will send the prize. If any potential winner cannot be contacted or confirm acceptance within 48 hours of initial drawing, potential winner forfeits prize. In the event that a potential winner of any prize is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries from the same week's entries. There will be three (3) alternate drawings, after which the prize will remain unawarded.
7. Prizes: Five (5) GRAND PRIZES: Each grand prize winner will receive a $500 VISA gift card. Approximate Retail Value (“ARV”): $500 each.
For all prizes: Terms and conditions of gift cards apply. Odds of winning a Grand Prize Drawing depend on the number of entries into the Grand Prize Drawing for each week. No cash or other substitution, assignment or transfer of any prizes permitted, except by Sponsor, who reserves the right to substitute a prize or prize component with cash or another prize of comparable or greater value in its sole discretion. Winners are responsible for all federal, state, and local taxes and fees associated with prize receipt and use. Prizes will be awarded "as is" with no warranty or guarantee, either expressed or implied, offered by Sponsor. Limit: One (1) Grand Prize per person. TOTAL ARV OF ALL PRIZES: $2,500.
8. Publicity: Except where prohibited, participation in the Sweepstakes constitutes winner's consent to Sponsor's use of winner's name, likeness, photograph, voice, opinions, biographical information, hometown, and state for promotional purposes in any media without further payment or consideration.
9. General Conditions: Sponsor reserves the right to cancel or modify the Sweepstakes for any reason in its sole discretion. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes, or to be acting in violation of the Official Rules of this or any other promotion, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil law, 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. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
10. Release and Limitation of Liability: BY RECEIPT OF ANY PRIZE, WINNER AGREES TO RELEASE AND HOLD HARMLESS SPONSOR, ADMINISTRATOR, FACEBOOK, INC. AND ANY PROMOTIONAL PARTNERS, OF EACH OF THEIR PARENT, SUBSIDIARY, AFFILIATE AND RELATED COMPANIES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY THE “RELEASED PARTIES”) FROM AND AGAINST ANY LOSSES, DAMAGES, RIGHTS, CLAIM OR CAUSE OF ACTION OF ANY KIND ARISING, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, OUT OF PARTICIPATION IN THE SWEEPSTAKES OR RESULTING DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by participants or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) unauthorized human intervention in any part of the entry process or the Sweepstakes; (3) technical or human error which may occur in the administration of the Sweepstakes or the processing of Sweepstakes submissions, including, but not limited to, malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (4), late, lost, undeliverable, or damaged mail; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participant's participation in the Sweepstakes or receipt or use of any prize or while traveling to or from any prize-related activity. Each winner also further acknowledges that the Released Parties have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law relative to any prize or this Sweepstakes including but not limited to quality, condition or fitness for a particular purpose. If for any reason a participant's submission is confirmed to have been erroneously lost, or otherwise destroyed or corrupted, participant's sole remedy is another submission and thereby another entry into the Sweepstakes. No more than the stated number of prizes will be awarded.
11. Disputes: Entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Western District of Pennsylvania; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys' fees; and (3) 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Pennsylvania, without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Pennsylvania or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Pennsylvania.
13. Winners’ List: For the winners' names, send a self-addressed, stamped envelope, along with a request to “Charlie's Brain Pleasers,” Attn: Pavone, 1006 Market Street, Harrisburg, PA 17101. Requests must be received by April 1, 2014.