Post by Admin on Dec 1, 2006 15:09:26 GMT -5
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ONE (1) GRAND PRIZE: A trip for four (4) to Cooperstown, NY for the 2007 National Baseball Hall of Fame® Induction Weekend. Trip package includes roundtrip coach-class airfare for four (4) from a major airport near winner's home (determined by Sponsor in its sole discretion) to Albany, NY; four (4) days and three (3) nights accommodations at a hotel determined by Sponsor in its sole discretion (double room, quadruple occupancy); full-size rental car for length of stay; $500 spending money; VIP access to 2007 Hall of Fame Induction and access to all other related public events as determined by Sponsor in its sole discretion. Winner must depart on July 28, 2007 and return on July 31, 2007 or prize will be forfeited. Trip must be booked at least 21 days prior to departure. The trip is subject to availability and blackout dates. Travel must be roundtrip. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in this Instant Win Game, and those set forth by the Sponsor's airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, meals, incidentals, passenger tariffs or duties, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. Unless children of winner, travel companions must be eighteen (18) years of age or older as of the date of departure and must travel on same itinerary and at the same time as the winner. If winner is a minor in his/her state of residence, a travel companion must be the winner's parent/legal guardian. Travel companions must execute liability/publicity releases prior to issuance of travel documents. Travel restrictions, conditions and limitations may apply. If in the judgment of Sponsor air travel is not required due to winner's proximity to prize location, ground transportation will be substituted for roundtrip air travel at Sponsors' sole discretion. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Winner and/or winner's travel companion must be legally able to rent a car or the rental car component of the prize will be forfeited. Sponsor is not responsible if any or all 2007 National Baseball Hall of Fame® Induction Weekend events which include VIP access to the 2007 Hall of Fame Induction and access to all other related public events as determined by Sponsor in its sole discretion are delayed, postponed or cancelled for any reason, in which event that portion of prize is forfeited in its entirety and no substitution will be provided except as in Sponsor's sole discretion. Approximate Retail Value ("ARV"): $10,850. Actual value may vary based on airfare fluctuations and distance between departure and destination.
ONE HUNDRED (100) FIRST PRIZES: Friends of the Hall of Fame Individual Membership. Membership includes: Personalized membership card, which identifies you as a member of the Baseball Hall of Fame; Hall of Fame Yearbook; Hall of Fame Membership lapel pin; Complimentary admission to the Hall of Fame for one full year; Invitations to exclusive member events; Subscription to the Hall of Fame magazine Memories and Dreams; and 10% discount and FREE shipping on purchases from the National Baseball Hall of Fame® Store, Catalog, and Web site. ARV: $40 each.
FIVE HUNDRED (500) SECOND PRIZES: One (1) copy of the book "PLAY BALL LIKE THE HALL OF FAMERS: The Inside Scoop from 19 Baseball Greats" by Stephen Krasner. ARV: $14.95.
DAVID® Seeds Instant Win – trip to the National Baseball Hall of Fame®
OFFICIAL RULES
NO PURCHASE REQUIRED TO ENTER OR TO WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED. MANY WILL ENTER, FEW WILL WIN.
1. Eligibility: DAVID® Seeds Instant Win – trip to the National Baseball Hall of Fame® (the "Instant Win Game") is open only to legal residents of the fifty (50) United States (including the District of Columbia) who are thirteen (13) years of age or older at the time of entry Employees of ConAgra Foods, Inc., or ePrize LLC, and their parent and affiliated companies (including but not limited to employees, officers, directors, contractors and agents for DAVID® Seeds, and individuals involved in the development, production, or distribution of promotion material); as well as the spouses, children, parents, grandparents, and household members of each such employee, are not eligible to play the Instant Win Game. The Instant Win Game is subject to all applicable federal, state, and local laws and regulations and is void where prohibited or restricted by law.
2. Sponsor: The Instant Win Game is sponsored by ConAgra Foods, Inc., One ConAgra Drive, Omaha, NE 68102-5001 (the "Sponsor").
3. Administrator: The Instant Win Game is administered by ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069 (the "Administrator").
4. Agreement to Official Rules: By participating in the Instant Win Game, entrant warrants that he/she fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
5. Timing: The Instant Win Game begins on June 25, 2006 at 12:00 a.m. Eastern Time and ends on December 31, 2006 at 11:59 p.m. Eastern Time (the "Game Period"). Entries that are received prior to or after the Game Period are void and will be disqualified. Administrator's computer is the official time keeping device for this Promotion.
6. How to Play:
NO PURCHASE REQUIRED TO ENTER OR TO WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. MANY WILL ENTER, FEW WILL WIN.
Instant Win Game: Purchase any participating DAVID branded product and retain the UPC code from the package. There are approximately thirty (30) different participating product codes. Visit www.davidseeds.com during the Game Period and follow the links and instructions to complete and submit the online entry form, and enter the UPC code. After registration you will be asked general baseball trivia questions before you are taken to the Instant Win Game page. Answer the questions and then you automatically will advance to the Instant Win Game page. Your answers to the questions do not impact the Instant Win Game. Once on the Instant Win Game page, follow the on-screen instructions to play. The Instant Win Game results will be instantly displayed. Entrants will be notified immediately by email if they are potential winners of the Instant Win Game and will be provided directions for validation. All potential winners are subject to verification before any prize will be awarded. Administrator is responsible for the functionality of the Instant Win Game. You may only enter one (1) UPC code per day during the Game Period. ePrize, LLC is responsible for the functionality of the Instant Win Game. There will be six hundred one (601) random, computer-generated winning times during the Game Period. For the Grand Prize, there will be one (1) random, computer-generated winning time during the Promotion Period. For the First Prize, there will be thirty (30) random, computer-generated winning times between June 25, 2006 and July 24, 2006; twenty five (25) random, computer-generated winning times between July 25, 2006 and August 24, 2006; fifteen (15) random, computer-generated winning times between August 25, 2006 and September 24, 2006; fifteen (15) random, computer-generated winning times September 25, 2006 and October 24, 2006; ten (10) random, computer-generated between October 25, 2006 and November 24, 2006; and five (5) random, computer-generated winning times between November 25, 2006 and December 31, 2006. For the Second Prize, there will be one hundred seventy (170) random, computer-generated winning times between June 25, 2006 and July 24, 2006; one hundred twenty five (125) random, computer-generated winning times between July 25, 2006 and August 24, 2006; sixty (60) random, computer-generated winning times between August 25, 2006 and September 24, 2006; sixty (60) random, computer-generated winning times between September 25, 2006 and October 24, 2006; forty five (45) random, computer-generated between October 25, 2006 and November 24, 2006; and forty (40) random, computer-generated winning times between November 25, 2006 and December 31, 2006. If you are the first player to play the Instant Win Game at or after one of the randomly generated times, you will be a potential winner of the prize indicated. The Instant Win Game results will be instantly displayed. Entrants will be notified immediately by email if they are potential winners and will be provided directions for validation.
Alternate Method of Entry: If you would like to play the Instant Win Game without purchasing DAVID branded products, visit david.eprize.net/nationalbaseball/alt and follow the link to receive one (1) Instant Win Game play for that day.
Limit: Each participant may play one (1) time per day during the Game Period by any method or combination of methods. Multiple participants are not permitted to share the same email address. Any attempt by any participant 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 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 or play, 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.
7. ALL POTENTIAL WINNING PLAYS ARE SUBJECT TO VERIFICATION BY THE SPONSOR OR THE ADMINISTRATOR, WHOSE DECISIONS ARE FINAL AND BINDING. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE INSTANT WIN GAME SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT'S ELIGIBILITY AND THE POTENTIAL WINNING PLAY HAVE BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. THE SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY PLAY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE PLAY AND IS VOID AND WILL NOT BE HONORED.
8. Requirements of Potential Winners: Each entrant selected as a potential winner must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. The potential Grand Prize winner will be required to complete and return an affidavit of eligibility and liability/publicity release (the "Affidavit/Release") within ten (10) days of being notified. If the potential Grand Prize winner is a minor, his/her parent or guardian must sign the Affidavit/Release on his/her behalf. If any potential winner cannot be contacted, the prize is returned as undeliverable, or the potential winner fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period (where applicable), then the potential winner is disqualified and forfeits any prize. In the event that a potential winner is disqualified for any reason, Sponsor will award the prize to an alternate winner. There will be many alternate drawings until all prizes are awarded. Grand Prizes will be fulfilled 8-10 weeks after winner confirmation. First and Second Prizes will be fulfilled 8-10 weeks after the conclusion of the Instant Win Game.
9. Prizes:
ONE (1) GRAND PRIZE: A trip for four (4) to Cooperstown, NY for the 2007 National Baseball Hall of Fame® Induction Weekend. Trip package includes roundtrip coach-class airfare for four (4) from a major airport near winner's home (determined by Sponsor in its sole discretion) to Albany, NY; four (4) days and three (3) nights accommodations at a hotel determined by Sponsor in its sole discretion (double room, quadruple occupancy); full-size rental car for length of stay; $500 spending money; VIP access to 2007 Hall of Fame Induction and access to all other related public events as determined by Sponsor in its sole discretion. Winner must depart on July 28, 2007 and return on July 31, 2007 or prize will be forfeited. Trip must be booked at least 21 days prior to departure. The trip is subject to availability and blackout dates. Travel must be roundtrip. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in this Instant Win Game, and those set forth by the Sponsor's airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, meals, incidentals, passenger tariffs or duties, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. Unless children of winner, travel companions must be eighteen (18) years of age or older as of the date of departure and must travel on same itinerary and at the same time as the winner. If winner is a minor in his/her state of residence, a travel companion must be the winner's parent/legal guardian. Travel companions must execute liability/publicity releases prior to issuance of travel documents. Travel restrictions, conditions and limitations may apply. If in the judgment of Sponsor air travel is not required due to winner's proximity to prize location, ground transportation will be substituted for roundtrip air travel at Sponsors' sole discretion. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Winner and/or winner's travel companion must be legally able to rent a car or the rental car component of the prize will be forfeited. Sponsor is not responsible if any or all 2007 National Baseball Hall of Fame® Induction Weekend events which include VIP access to the 2007 Hall of Fame Induction and access to all other related public events as determined by Sponsor in its sole discretion are delayed, postponed or cancelled for any reason, in which event that portion of prize is forfeited in its entirety and no substitution will be provided except as in Sponsor's sole discretion. Approximate Retail Value ("ARV"): $10,850. Actual value may vary based on airfare fluctuations and distance between departure and destination.
ONE HUNDRED (100) FIRST PRIZES: Friends of the Hall of Fame Individual Membership. Membership includes: Personalized membership card, which identifies you as a member of the Baseball Hall of Fame; Hall of Fame Yearbook; Hall of Fame Membership lapel pin; Complimentary admission to the Hall of Fame for one full year; Invitations to exclusive member events; Subscription to the Hall of Fame magazine Memories and Dreams; and 10% discount and FREE shipping on purchases from the National Baseball Hall of Fame® Store, Catalog, and Web site. ARV: $40 each.
FIVE HUNDRED (500) SECOND PRIZES: One (1) copy of the book "PLAY BALL LIKE THE HALL OF FAMERS: The Inside Scoop from 19 Baseball Greats" by Stephen Krasner. ARV: $14.95.
For all Prizes: Prizes are not transferable or refundable. No cash or other substitution is allowed except by the Sponsor who may substitute a prize (or component thereof) with another prize (or component thereof) of equal or greater value (subject to applicable legal or regulatory limitations) if the advertised prize becomes unavailable, as determined by the Sponsor in its sole discretion. Winners are responsible for any and all applicable fees and taxes associated with prize receipt and use. Odds of winning an Instant Win Game prize depend on the number of eligible plays received during the Game Period divided by the number of prizes available. Limit: One (1) Instant Win Prize per person. Total ARV $22,325.
10. Publicity: Except where prohibited, participation in the Instant Win Game constitutes an entrant's consent for the Sponsor and the Sponsor's designees to use entrant's name, likeness, voice, opinions, biographical information, and state of residence for promotional purposes in any media without further payment or consideration.
11. Privacy: Information collected through the Promotion is subject to the Sponsor's privacy policy set forth at www.conagrafoods.com/utilities/privacy.jsp.
12. General Conditions: Sponsor reserves the right to cancel or modify the Instant Win Game if fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity of the Instant Win Game, as determined by Sponsor 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 Instant Win Game 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 damage any web site or undermine the legitimate operation of the Instant Win Game 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.
13. Release: By entering this Instant Win Game, entrant agrees to release and hold harmless ConAgra Foods, Inc., ePrize, LLC, The National Baseball Hall of Fame® and Museum, Inc., and any promotional partners, 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 Instant Win Game or resulting directly or indirectly, from acceptance, possession, use, or misuse of any prize awarded in connection with the Instant Win Game, including without limitation personal injury, death, and/or property damage, as well as claims based on publicity rights, defamation, and/or invasion of privacy.
14. 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 Instant Win Game; (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 Instant Win Game; (4) technical or human error which may occur in the administration of the Instant Win Game 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 Instant Win Game or receipt or use of any prize or while traveling to or from any prize-related activity. 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 Instant Win Game; provided that if it is not possible to award another entry due to discontinuance of the Instant Win Game 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.
15. Disputes: Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Instant Win Game, or any prizes awarded, other than the administration of the Instant Win Game or the determination of winners, shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Instant Win Game but in no event attorneys' fees; and (iii) 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 Instant Win Game, shall be governed by, and construed in accordance with, the laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
16. Instant Win Game Results: Instant Win Game results and/or a copy of these Official Rules may be obtained by sending a self-addressed, stamped envelope to the " DAVID® Seeds Instant Win – trip to the National Baseball Hall of Fame® Winner List/Rules Request", c/o ePrize, LLC, P.O. Box 8070 Royal Oak, MI 48068-8070. Winner list requests must be received by March 31, 2007. Vermont residents may omit return postage for the official rules.
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