Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR TO WIN. Making a purchase does not increase your chances of winning. OPEN TO LEGAL RESIDENTS OF THE 48 CONTIGUOUS UNITED STATES AND DISTRICT OF COLUMBIA 18 AND OLDER. U.S. LAW GOVERNS THIS GAME. The Snapple-a-Day Instant Win Game (the "Instant Win Game") and Sweepstakes (the "Sweepstakes") (collectively, the "Promotion") is jointly sponsored by iVillage Inc. ("iVillage"), 500 Seventh Avenue, 14th fl., New York, NY 10018 and Snapple Beverage Corporation ("Snapple"), 709 Westchester Ave, White Plains, NY 10604 (iVillage and Snapple are sometimes referred to collectively as the "Sponsors"). The Promotion begins on March 8, 2004 at 12:00 p.m. Eastern Time (ET) and ends on April 5, 2004 at 11:59 a.m. ET (such period, the "Promotion Period").
BY PARTICIPATING IN THE PROMOTION, ENTRANT: (A) FULLY AND UNCONDITIONALLY AGREES TO ACCEPT AND BE BOUND BY THESE OFFICIAL RULES, AND BY ALL DECISIONS OF SPONSORS AND THEIR DESIGNEE(S) (WHICH DECISIONS SHALL BE FINAL AND BINDING IN ALL RESPECTS), INCLUDING, WITHOUT LIMITATION, DECISIONS REGARDING ELIGIBILITY, SELECTION AND ELIGIBILITY OF WINNERS, AND THE INTERPRETATION OF TERMS USED IN THESE OFFICIAL RULES; AND (B) REPRESENTS AND WARRANTS THAT ALL INFORMATION PROVIDED BY ENTRANT IN CONNECTION WITH THE PROMOTION IS TRUE, ACCURATE, AND COMPLETE.
ELIGIBILITY: VOID OUTSIDE FORTY-EIGHT (48) CONTIGUOUS UNITED STATES AND DISTRICT OF COLUMBIA AND WHERE PROHIBITED BY LAW. Participation in this Promotion is open to any individual who is, as of the beginning of the Promotion Period: (a) a legal resident of one of the forty-eight (48) contiguous United States or the District of Columbia and (b) 18 years of age or older. Employees, officers, directors, and agents of Sponsors and their respective parents, affiliates, subsidiaries, representatives and agents (including their advertising and promotion agencies) (Sponsors and such other entities are sometimes referred to collectively as the "Promotion Entities"), and the immediate family members (spouse, mother, father, sister, brother, daughter, or son, regardless of where they live) or members of the same households (whether related or not) of the foregoing individuals, are not eligible to participate in the Promotion or to win any prize.
1. HOW TO ENTER THE SWEEPSTAKES: To enter the Sweepstakes Grand Prize Drawing (as described below), log onto http://www.ivillage.com/partners/snapple/2004 during the Promotion Period, provide the information requested (including first and last name, email address, street address, and date of birth) on the entry form and click "Submit" (the "Entry Page"). Submitting a 'Work in Your Workout' tip is not required for entering the Sweepstakes. Please note that once a Sweepstakes entry has been submitted, it cannot be deleted, canceled or modified by entrant. HOW TO PLAY THE INSTANT WIN GAME: After submitting the completed Sweepstakes entry form as set forth above, entrants will be brought to the Instant Win Game page, containing an online "scratch-off" instant win game card. Using a cursor and mouse, "scratch off" the game card to reveal whether you are a potential Instant Winner. If you "scratch off" the game card at a randomly predetermined winning moment, the game card will reveal that you are a potential Instant Winner, and you will receive instructions on how to claim your prize (each, an "Instant Prize"). If no one "scratches-off" a game card at the exact predetermined winning moment, as determined by Sponsor, the entrant who "scratches-off" a game card at the closest moment following the predetermined winning moment (as determined by Sponsor) will be deemed an Instant Winner. All Instant Winners and Instant Win Prize claims are subject to verification of eligibility and compliance with the terms of these Official Rules, as further set forth below. Limit one (1) Sweepstakes entry and one (1) Instant Win Game play per person per household per email address per day. Additional, multiple, and/or mechanically generated entries or game plays will be deemed void and may result in total and permanent disqualification from this and any future sweepstakes, instant win games or other promotions of Sponsors. Please note, it is mandatory for the user to play the Instant Win to gain entry to the Sweepstakes.
2. ENTRY GUIDELINES AND RESTRICTIONS. All entries submitted become the property of Sponsors and will not be acknowledged or returned. In the event of a dispute as to entries submitted by multiple individuals using the same email account, entry will be deemed to have been submitted by the authorized subscriber of the email account used to enter the Promotion at the actual time of entry. The authorized email account subscriber is deemed to be the natural person who is assigned an email address by an Internet access provider, on-line service provider or other organization which is responsible for assigning email addresses for the domain associated with the submitted email address. The use of robotic, automatic, macro, programmed, or like methods for participation in this Promotion (including, without limitation, the use of any promotion/sweepstakes subscription, notification, entry, or like site(s) or service(s) that offer sweepstakes entry services "on behalf of" entrant) is strictly prohibited. Online entries and game plays must actually be received by Sponsors before the end of the Promotion Period to be deemed eligible; online entries or game plays received by Sponsors after the end of the Promotion Period will be discarded and deemed VOID.
Only the number of prizes stated herein will be awarded. If printing, seeding, technical, human or other errors result in more valid, eligible prize claims in any prize category than the number of prizes set forth in these Official Rules, all such eligible, valid and non-suspect prize claims received for that prize category will be combined in a random drawing to award the advertised number of prizes in that category only.
Any attempt to enter the Promotion that is made in a manner other than as permitted in these Official Rules will, upon discovery thereof by Sponsors, be deemed VOID and ineligible. Proof of entering Promotion online will not be deemed by Sponsors to constitute proof of delivery or receipt of entry. Any use of entry methods prohibited by these Official Rules may, upon discovery thereof by Sponsors and in Sponsors' sole and absolute discretion, VOID some or all entries or game plays made by such methods and subject entrant to disqualification from further participation in the Promotion and/or any future Sponsors' sweepstakes, instant win games or other promotions of Sponsors. No changes to any entry materials or information will be permitted once submitted.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE IVILLAGE WEBSITE OR TAMPER WITH OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH ENTRANT(S) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. Without limiting any other provision of these Official Rules, Sponsors reserve the right, at any time and in their sole discretion, to disqualify and/or deem ineligible to participate in this Promotion or any future sweepstakes or instant win game or other promotions of Sponsors, any individual it suspects: to be tampering with the entry process or the operation of the iVillage website, the Promotion, or the Entry Page; to be in violation of the website's Terms of Service, Privacy Policy, or other terms, conditions, or guidelines; to have failed to agree to these Official Rules; to violate, in letter or spirit, these Official Rules; to be acting in bad faith, or in a non-sportsmanlike or disruptive manner; or to be annoying, abusing, threatening, or harassing any other person or entity in connection with the Promotion or the iVillage website. Furthermore, Sponsors reserve the right, in their sole and absolute discretion, to deem VOID any or all of such entrant's entries or game plays in the Promotion.
IF YOU CHOOSE TO SUBMIT A "WORK IN YOUR WORKOUT" TIP, YOU ACKNOWLEDGE THAT THE "TIP" IS YOUR SOLE AND EXCLUSIVE ORIGINAL WORK AND THAT YOU HAVE THE AUTHORITY TO SUBMIT THE "TIP" AND THAT BY DOING SO YOU WILL NOT VIOLATE ANOTHER PARTY'S COPYRIGHT, INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER RIGHTS. SPONSORS RESERVE THE RIGHT TO SEEK INDEMNIFICATION FROM ANY ENTRANT WHOSE SUBMISSION IS OR BECOMES THE SUBJECT OF A THIRD-PARTY CLAIM.
By submitting your "Work in Your Workout" tip, you hereby assign to Sponsors all rights, including the copyright, in your "tip", and including the right to reproduce, publish, display, modify, and/or distribute your "tip" with your name and hometown, in any manner or means, now or hereinafter invented.
3. INSTANT WINNER VERIFICATION: All potential Instant Winners are subject to verification by Sponsors and their designees, whose decisions are final and binding in all matters related to the Promotion. An entrant is not a winner of any prize, even if he or she receives a message saying he or she is a winner, unless and until entrant's eligibility and the potential winning game card has been verified and entrant has been notified that verification is complete. If at any time the system fails for any reason during or before an entrant "scratches off" the game card, it shall be deemed a defective play and is void and will not be honored. Sponsors reserve the right to verify the eligibility of all potential Instant Winners and their compliance with the terms of these Official Rules. Inability of Sponsors to contact any Instant Winner, or the return of Sponsors' email(s) or other prize notification(s) as "undeliverable" for any reason, may result in disqualification of such winner and prize may be forfeited.
4. THE GRAND PRIZE.
a. Grand Prize Sweepstakes Drawing. On or around April 12, 2004, one (1) potential "Grand Prize Winner" (or "Winner") will be selected at random by Sponsors or their designees from among all eligible Sweepstakes entries received during the Promotion Period. Odds of winning depend on the number of eligible Sweepstakes entries received. Sponsors will use reasonable efforts to contact the Winner within seven (7) days after the actual date of Winner selection via email and/or certified mail. Inability of Sponsors to contact any Winner after a reasonable effort to do so, or the return of Sponsors email(s) or other prize notification(s) as "undeliverable" for any reason, may result in disqualification of such Winner and a random selection of an alternate Winner from among all remaining eligible Sweepstakes entries received. Winner, unless prohibited by law, may be required by Sponsors to execute and return an Affidavit of Eligibility and a Liability/Publicity Release (the "Affidavit/Release") and/or a completed IRS W-9 form within seven (7) days following Sponsors' issuance of notification. (A Winner who is a minor in his/her jurisdiction of residence may be required to have a parent or legal guardian execute his or her Affidavit/Release as well.) Noncompliance within such seven (7) day period, or inability or unavailability of Winner to accept a prize for any reason, may result in disqualification of such Winner and a random selection of an alternate Winner from among all remaining eligible Sweepstakes entries received.
b. Grand Prize: The Winner will be awarded the Grand Prize, which will consist of a 4 day/3 night Fitness Spa Get-a-Way trip for two (2) to Red Mountain Spa in St. George, UT including round trip coach class air transportation from a major US gateway airport within the forty-eight (48) contiguous United States to St. George, UT; round trip airport transportation via shuttle service; three (3) night superior first class hotel accommodations at the Red Mountain Spa (double occupancy); three (3) healthy gourmet meals daily for the duration of the stay for both Winner and guest; Choice of all daily activities including: Daily Morning Guided Hikes, Spirit Hikes, Moonlight Walks and Star Party; Sports activities offered; Daily Cooking Demonstrations and Nutrition Classes, Healthy Living Classes, Events and Entertainment; Full use of resort facilities, including: Indoor and Outdoor Pools, Jacuzzis, Walking Trails, Fitness Center, Strength Training and Cardio Equipment; Choice of one (1) spa treatment: either a Red Mountain Signature massage OR a Desert Rose facial for both Winner and guest; one (1) $200 Molly Maid Gift Certificate for winner; one (1) $200 Healthy Food Gift Certificate for winner; three (3) months supply of Snapple-a-Day for winner (Approximate Retail Value ("ARV") of Prize $5396). Actual retail value of prize will be dependent upon winner's place of origin and dates of departure. Certain travel restrictions and blackout dates may apply. Travel arrangements must be made through Sponsors' agent, on a carrier of Sponsors' choice, at least twenty-one (21) days prior to travel. Winner and guest must travel together on the same itinerary. Winner's guest must be 18 years or older, unless accompanied by a parent or legal guardian and must execute an liability/publicity release prior to issuance of travel documents. Winner is responsible for obtaining all travel documents
INSTANT WIN GAME PRIZES.
a. Instant Win Game Prizes: A total of 567 Instant Win Game Prizes will be available for award through the Instant Win Game. The following prizes will be given away instantly:
Four (4) 4 GM Apple iPod Mini (ARV: $250 each)
Four (4) Snapple-a-Day Gym bags filled with a towel; case of Snapple-a-day; Kiehl's Supremely Marvelous Gym Collection; shower flip flops; $25 gift certificate to Foot Locker; collection of iVillage solution books (ARV: $378.60 each)
Four (4) Heart Rate Monitor Watch (ARV: $100 each)
Eight (8) Yoga Starter Kits (ARV: $60 each)
Eight (8) Pedometers (ARV: $35 each)
Eight (8) $25 Footlocker Gift Cards (ARV: $25 each)
Five Hundred (500) Case of Snapple-a-Day (ARV: $17.88)
Thirty-one (31) Snapple-a-Day T-shirts (ARV: $6.45)
Total Retail Value of all Instant Win Prizes $13,014.35
6. ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO PRIZES.
b. Instant Win Prizes. The actual odds of winning depend on the number of eligible Instant Win Game plays. All Instant Win Prizes are limited to one (1) per person per email address per household. Unclaimed Instant Win Prizes will not be awarded.
c. All Prizes. Gift cards and certificates are subject to certain terms and conditions. All prizes awarded in connection with the Promotion are nontransferable, non-substitutable, not redeemable for cash and non-endorseable, except by Sponsors who reserve the right in their sole discretion to substitute a prize (or portion of prize) with a prize or prizes of comparable or greater value. All taxes (including, without limitation, federal, state, and local taxes) on or in connection with any prize, and the reporting consequences thereof, and any expenses not described as being awarded herein are the sole and exclusive responsibility of the applicable winner. Except where otherwise expressly noted in these Official Rules, the selection of all vendors, prizes, products, styles, colors and services is subject to Sponsors' sole and absolute discretion. If a winner does not accept any portion of his/her prize for any reason whatsoever, then winner forfeits that portion of prize, and Sponsors shall have no further obligation or liability to winner with respect to the forfeited portion of the prize. ARV of all prizes is $18,410.35.
7. LICENSE. Unless prohibited by law, all prize winners (including Grand Prize Winner and Instant Winners) agree to grant to Sponsors and their respective designees the right to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including but not limited to the World Wide Web, at any time or times, the Winner's name, likeness (actual or simulated), voice (actual or simulated), and biographical information as news or information and for advertising, promotional and other purposes without additional consideration or notice; and further without such additional compensation, agree to appear for, or provide biographical information for use in, any presentation or other activity which may include filming/audio/video/electronic or other recordings and/or interviews, as may be determined from time to time by Sponsors in their sole discretion.
8. RELEASE AND INDEMNIFICATION. BY ENTERING THE PROMOTION, ENTRANTS RELEASE AND HOLD THE PROMOTION ENTITIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS (COLLECTIVELY, THE "RELEASED PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE PROMOTION OR PARTICIPATION IN ANY PROMOTION-RELATED ACTIVITY (INCLUDING, WITHOUT LIMITATION, THE REMOVAL FROM THE SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS), OR RESULTING DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE (INCLUDING ANY TRAVEL OR ACTIVITY (INCLUDING ANY TRIP ACTIVITIES) RELATED THERETO) AWARDED IN CONNECTION WITH THE PROMOTION, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY.
9. DISCLAIMERS; LIMITATION OF LIABILITY. No responsibility is assumed by the Released Parties for lost, late, incomplete, stolen, misdirected, unreadable, inaccurate, incorrect, inaccessible, corrupted, or unusable entries; incorrect or inaccurate online or printed information in connection with this Promotion or relating to the Promotion (including typographical, human or other errors); any computer, telephone, cable, network, satellite, server, service provider, website, electronic, power, or Internet or other hardware or software malfunctions, failures, connections, or availability; data loss or late or incorrect data processing; Internet traffic congestion; service provider/Internet/website inaccessibility, unavailability, or malfunction; garbled or jumbled transmissions; or unauthorized human intervention; or for failure of any email, entry, confirmation, verification, notice, or communication to be received by iVillage on account of problems or malfunctions or traffic congestion on the Internet, or any problems related to the iVillage website, the Entry Page, or any combination thereof. Although Sponsors attempt to ensure the integrity of the Promotion, Released Parties are not responsible for the actions of entrants or other individuals in connection with the Promotion, including entrants' or other individuals' attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Promotion. Released Parties are not responsible for injury or damage to entrant's or to any other person's computer(s), other equipment, or person(s), related to or resulting from participation in the Promotion or downloading materials from or using the iVillage website. If, for any reason, the Promotion is in Sponsors' sole discretion not capable of running as planned (including, without limitation, by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, applicable law, unforeseen obstacles, or any other causes which, in the sole opinion of Sponsors, could corrupt, compromise, undermine, or otherwise affect the administration, security, fairness, integrity, viability, or proper conduct of the Promotion), Sponsors reserve the right in their sole and absolute discretion to modify these Official Rules and/or to cancel, terminate, modify, or suspend all or any part of the Promotion, and to select Winner of Sweepstakes from among all eligible, non-suspect Sweepstakes entries received up to the time of such cancellation, termination, modification, or suspension, as applicable, and/or to only award Instant Win Prizes to eligible, valid and non-suspect prize claims received up to the time of such cancellation, termination, modification, or suspension. IN NO EVENT WILL THE PROMOTION ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF ANY ACCESS TO AND/OR USE OF THE PROMOTION WEBSITE OR THE IVILLAGE WEBSITE, THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH WEBSITES, THE REMOVAL FROM THE SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS. WITHOUT LIMITING THE FOREGOING, THE PROMOTION, ALL PRIZES, AND ALL MATERIALS PROVIDED ON OR THROUGH THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10. GOVERNING LAW. The Promotion and these Official Rules are governed by and shall be construed in accordance with the laws of the State of New York, United States of America, without regard to its principles of conflicts of law. As a condition of participating in this Promotion, participant agrees that any and all disputes that cannot be resolved between the Released Parties and any entrant(s) or other participant(s) in the Promotion, and all causes of action arising out of or connected with this Promotion, shall be resolved individually, without resort to any form of class action, and entrant hereby irrevocably consents to the exclusive jurisdiction of the federal and state courts located in the State of New York with respect to any such dispute, cause of action, or other matter pertaining to or arising out of this Promotion or these Official Rules. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim exemplary, punitive, incidental, or consequential damages, including reasonable attorneys' fees, other than participants' actual out-of-pocket expenses (i.e., costs associated with entering this Promotion), and participant further waives all rights to have damages multiplied or increased. EACH PARTY EXPRESSLY WAIVES ANY RIGHT TO A JURY. All applicable federal, state, and local laws and regulations apply.
11. PRIVACY. Information supplied by entrants will be shared by iVillage with Snapple only if the entrant is a winner (for purposes of prize fulfillment only) or if entrant has checked box on the Sweepstakes entry page to receive information from Snapple. Information submitted in connection with the Promotion will be treated in accordance with these Official Rules and the Sponsors' privacy policies (as may be amended from time to time), currently located with respect to iVillage at http://www.ivillage.com/help/privacy.html, and with respect to Snapple at http://www.snappleaday.com/privacy.aspx.
12. MISCELLANEOUS. The use of any non-Sponsor trademarks, service marks, logos, or other marks in connection with this Promotion or any prize is not meant by Sponsors to imply the endorsement of the respective owner(s) of such marks, or any affiliation of the respective owner(s) of such marks with the iVillage website or the Promotion. If any provision of these Official Rules is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.
13. WINNERS LIST. For a list of the Winners (available after April 31, 2004), send a self-addressed, stamped envelope to be received by May 15, 2004 to: Snapple-a-Day Instant Win Winners, 500 7th Avenue, 14th Floor, New York, NY 10018, to be received by May 15, 2004. Please allow four (4) to six (6) weeks after close of the Promotion Period for delivery.
These Official Rules 2004 iVillage Inc. All rights reserved.