The FREE FLIPZ® PRETZELS Giveaway
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. YOU MUST HAVE A COMPUTER WITH INTERNET ACCESS IN ORDER TO ENTER.
The FREE FLIPZ® PRETZELS Giveaway (the “Promotion”) is open only to legal residents of the fifty (50) United States (including District of Columbia) who are at least thirteen (13) years old at the time of entry. Void in Guam, Puerto Rico, the U.S. Virgin Islands, and other U.S. territories and possessions, overseas military installations and where prohibited by law. Employees of DeMet’s Candy Company, matrixx Pictures LLC or any of their respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Promotion and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year whether related or not) of each such employee are not eligible. The Promotion is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Administrator’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor and Administrator
Sponsor: DeMet’s Candy Company, 30 Buxton Farm Road, Stamford, CT 06905 (“Sponsor”).
Administrator: matrixx Pictures LLC, 3122 Santa Monica Blvd. Ste. 201, Santa Monica, CA 90404 (“Administrator”).
The Promotion begins on December 14, 2012 at 12:00 P.M. Eastern Time (“ET”) and ends on December 19, 2012 at 11:59 A.M. ET (the “Promotion Period”). Administrator’s computer is the official time keeping device for this Promotion.
4. How to Enter
Visit http://www.facebook.com/DeMetsFLIPZ (the “Website”) during the Promotion Period and access the online entry form. You will receive one (1) entry into the Promotion upon successful completion and submission of the online entry form. Administrator and Sponsor reserve the right to contact entrants whose email address is submitted as part of this promotion. Entrants may then choose to opt-out of future email notifications.
Limit of one (1) entry per person per 24 hour period during the Promotion Period regardless of method of entry. In the event that multiple entries are received from the same person in the same 24 hour period, only the first submission will be valid and the additional submissions will be discarded. Multiple participants are not permitted to share the same email address. Any attempt by any participant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that participant’s plays and that participant 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, the authorized account holder of the email address used to register will be deemed to be the registrant or player. The authorized account holder is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder. All entries become the sole and exclusive property of Sponsor or Administrator.
5. Winner Selection
Prize Drawing: On or about December 19, 2012, the first Two Hundred (200) eligible entrants during each consecutive 24 hour period during the Promotion Period beginning at 12:00 P.M. ET will be selected as potential winners.
6. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY ADMINISTRATOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION.
7. Verification of Potential Winner(s)
The potential winners will be notified by email address provided at the time of entry. direct message on Facebook or Pin Comment on Pinterest. Sponsor reserves the right to determine the method of notification. Potential winners will be required to respond to such notification within seven (7) days of the first notification attempt. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If, despite reasonable efforts, a potential winner does not respond within seven (7) days of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected as detailed herein.
ONE THOUSAND (1,000) WINNERS: The winners will each be mailed one (1) Manufacturer’s Coupon good for one (1) free bag of FLIPZ® pretzels (5 oz. - up to $3.99 value). The Approximate Retail Value (“ARV”) of each Prize is $3.99. Actual value may vary. Any stated difference between the approximate value and actual value of Prize or any substituted Prize will not be awarded.
No cash equivalent for the prizes, prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute any listed prize for one of equal or greater value for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning depends on the number of eligible entries received during the Promotion Period. TOTAL ARV OF ALL PRIZES: $3,990.00.
9. Entry Conditions and Release
By entering, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Administrator and/or the Sponsor which are binding and final in all matters relating to this Promotion; (b) release and hold harmless the Sponsor, the Administrator and each of their respective parent, subsidiary, and affiliated companies and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Promotion, and all of their respective past and present officers, directors, employees, shareholders, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Promotion, acceptance or use or misuse of Prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorney’s fees) arising out of or relating to an entrant’s participation in the Promotion and/or winner’s acceptance, use or misuse of a Prize.
Except where prohibited, acceptance of a Prize constitutes winners’ consent to Sponsor’s and its designee’s use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration. IF ENTRANT IS CHOSEN AS A WINNER, ENTRANT’S PERSONAL IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, PLACING ENTRANT’S NAME ON A WINNER’S LIST AS REQUIRED BY STATE LAW.
11. General Conditions
Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. 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 Promotion or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be 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.
12. Limitations of Liability
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use or misuse of any Prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Promotion play, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the Prizes offered herein. No more than the stated number of Prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than stated number of Prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of Prizes by a random drawing among all legitimate, unawarded, eligible Prize claims.
Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any Prizes awarded, other than those concerning the administration of the Promotion or the determination of winners, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any Prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate State Court, for the city of New York; (iii) any and all claims, judgments 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 (iv) 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 Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
14. Entrant’s Personal Information
15. Promotion Results
These Official Rules may not be reprinted or republished in whole or in part without the prior written consent of Sponsor. This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook®. Direct any questions/comments/complaints regarding this Promotion to the Sponsor, not Facebook®. Each Entrant will be providing his/her information to the Sponsor and not to Facebook®. Facebook® is completely released of liability by each entrant. The information each Entrant provides will only be used for the Promotion. Facebook® is a registered trademark of Facebook, Inc. All rights are reserved.
To obtain a copy of the winners list, send a self-addressed stamped envelope to The FREE FLIPZ® PRETZELS Giveaway c/o matrixx Pictures LLC, 3122 Santa Monica Blvd., Ste. 201, Santa Monica, CA 90404. Winner’s list requests will be accepted no later than December 31, 2012. VT residents may omit return postage. These Official Rules will be posted at the Website during the Promotion Period.