Post by Admin on Dec 2, 2006 13:14:04 GMT -5
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Body By Milk Instant Win Game & Sweepstakes
Final Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
1. Eligibility: The Body By Milk Instant Win Game and Sweepstakes ("Promotion") is open to legal residents of the 48 contiguous United States and District of Columbia who are 13 years of age or older at the time of entry. Employees of The National Fluid Milk Processor Promotion Board ("Sponsor") and its parent company, agents, affiliates, subsidiaries, milk processors, milk distributors, milk farmers, sales representatives, distributors, retailers, contractors, partners, and each of their respective parent companies, advertising, fulfillment, promotion and interactive agencies, contractors and any others engaged in the development, production or distribution of promotion materials for this Promotion, and their immediate families (spouse, parents, siblings and children, and each of their spouses, regardless of residence) and persons residing in the households of each of these individuals, whether related or not ("Promotion Entities"), are ineligible to enter or win. All applicable federal, state and local laws apply. Void in HI and AK and where otherwise prohibited by law.
2. How To Enter The Sweepstakes: The Sweepstakes portion of the Promotion will feature four Entry Periods:
Entry Period 1 - September 1, 2006 at 12:00:01 a.m. Eastern Time ("ET") and ends on September 30, 2006 at 11:59:59 p.m. ET ("Entry Period").
Entry Period 2 - October 1, 2006 at 12:00:01 a.m. Eastern Time ("ET") and ends on October 31, 2006 at 11:59:59 p.m. ET ("Entry Period").
Entry Period 3 - November 1, 2006 at 12:00:01 a.m. Eastern Time ("ET") and ends on November 30, 2006 at 11:59:59 p.m. ET ("Entry Period").
Entry Period 4 - December 1, 2006 at 12:00:01 a.m. Eastern Time ("ET") and ends on December 31, 2006 at 11:59:59 p.m. ET ("Entry Period").
During each Entry Period, visit www.bodybymilk.com and follow the instructions for submitting an electronic entry. You must provide all information requested. Limit one entry per eligible entrant, per email address per day. Sponsor is not responsible for lost, late, misdirected or incomplete entries. Sponsor reserves the right at its sole discretion, to disqualify any individual (and his or her Sweepstakes entry) who tampers with the entry process.
Winner Selection: Winners will be randomly selected during each Entry Period from among all eligible entries received during that entry period in random drawings to be held on or about October 10, 2006 for Entry Period 1; November 8, 2006 for Entry Period 2; December 8, 2006 for Entry Period 3 and January 10, 2007 for Entry Period 4. Non-winning entries will not be rolled over into subsequent drawings. All drawings will be conducted by Ventura Associates, Inc. the official judging organization ("Administrator"), whose decisions are final and binding on all matters relating to the Sweepstakes. Odds of winning depend on the total number of eligible entries received.
3. Sweepstakes Prizes:
Entry Period 4 - One (1) Grand Prize: Grand Prize winner will receive trip for winner and guest to a Baby Phat Fall 2007 Fashion Show in New York, New York. The Baby Phat Fall 2007 Fashion Show Grand Prize package includes round trip coach airfare for two (2) from major airport nearest winner's home, accommodations (one room, double occupancy) and selected ground transportation, and entry for two (2) into a Baby Phat Fall Fashion Show and tour of Baby Phat show rooms. Winner (only) will receive $1,000 Phat Fashions shopping spree. ARV: $11,000.00.
Total ARV of all Sweepstakes Prizes: $32,945.00.
4. How to Play the Instant Win: To play, beginning at 12:00:01 a.m. Eastern Time ("ET") on August 1, 2006 visit www.bodybymilk.com to register and then follow the instructions to play. You must provide all information requested. If you receive a winning message, you are a potential winner of the prize/offer indicated, subject to verification. Follow the on-screen instructions to provide your mailing address, if required, and claim your prize. You are not a winner until your prize claim is validated and you receive official written notification from the Sponsor. The Sponsor's server for the website will be the official time clock for the Promotion. Game ends at 11:59:59 p.m. (ET) on December 31, 2006. Odds of winning a prize instantly or receiving an offer depend on the number of eligible entries received and the time those entries are received. Limit one game-play per person/email address per day. Entries by automatic, programmed or like methods are prohibited and will be disqualified.
5. Instant Win Game Prizes:
Between December 1, 2006 and December 31, 2006 (Entry Period 5):
50 Instant Win winners will receive a $15 iTunes® Music Card. ARV: $15 each
10 Instant Win winners will receive a 1-year SEVENTEEN® Magazine subscription. ARV: $35.88 each
10 Instant Win winners will receive a 1-year COSMOGIRL!® Magazine subscription. ARV: $29.90 each
10 Instant Win winners will receive a 1-year ESPN THE MAGAZINE subscription. ARV: $129.74 each
10 Instant Win winners will receive a 1-year Rolling Stone® Magazine subscription. ARV: $25.94 each
90 Instant Win winners will receive one (1) adidas Ringtone download. ARV: $.99 each
90 Instant Win winners will receive one (1) adidas Wallpaper download. ARV: $.99 each
35 Instant Win winners will receive an adidas Replay Water Bottle. ARV: $3 each
34 Instant Win winners will receive an adidas Santiago Wrist Lanyard. ARV: $4 each
35 Instant Win winners will receive an adidas Velocity Wristband. ARV: $8 each
11 Instant Win winners will receive an adidas $20 Gift Card. ARV: $20 each
100 Instant Win winners will receive one (1) Epic Artist Wallpaper download. ARV: $.99 each
100 Instant Win winners will receive one (1) Epic Artist Buddy Icon download. ARV: $.99 each
3 Instant Win winners will receive a Fender® Seatbelt Keychain. ARV: $12.99 each
2 Instant Win winners will receive a Fender® Belt Buckle. ARV: $14.99 each
Total ARV of all Instant Win Prizes: $21,231.80.
All instant win prizes/offers are subject to confirmation, verification, compliance with these Official Rules and final approval from the judges. Proof of play and/or winning will not be deemed to be proof of winning by Sponsor.
6. Prize Restrictions: Prizes are non-transferable. No cash equivalent or substitution of prizes except by Sponsor who reserves the right in its sole discretion to substitute a prize with one of comparable or greater value. Unclaimed prizes will not be awarded. PRIZES WILL BE AWARDED "AS IS" WITH NO WARRANTY OR GUARANTEE, EITHER EXPRESSED OR IMPLIED, BY SPONSOR EXCEPT AS INDICATED IN PARAGRAPHS 3 & 5. All federal, state and local taxes on prizes, if any, and any expenses relating to the acceptance and use of prize not specified herein as being awarded, are the sole responsibility of the winners. (or an alternative winner shall be selected and the original winner's rights to the prize shall be automatically forfeited.)
Actual retail value of prize package may vary depending on point of departure, airfare fluctuations and destination/choice of accommodations. Any difference between the Maximum ARV and the actual retail value will not be awarded. Unclaimed prize will not be awarded. The Grand Prize Sweepstakes trips include round-trip coach air travel from a major airport near winner's residence to destination city, and either double or quadruple occupancy hotel accommodations. Meals (except where noted), taxes, gratuities, and all other expenses not specified herein are the sole responsibility of the winner. Exact travel dates and arrangements are subject to availability. All trips must be conducted on dates designated by Sponsor unless otherwise noted. As Travel dates for the Sweepstakes Grand Prize for Entry Period 1 follow so quickly after the drawing, winner must be available to travel for a game occurring on October 21, 2006 or forfeit all rights to the prize. At Sponsor's sole discretion, a cash alternative of $5,000 may be awarded in lieu of trip for Entry Period 1. Travel dates for the Sweepstakes Grand Prize for Entry Period 2 will only occur when Academy is taking place. Dates are still to be determined, but they will occur during the summer of 2007, and are solely determined by Sponsor and adidas. Winner can travel with a parent or legal guardian, but only the winner gets to attend the academy. Concert selection options for Sweepstakes Grand Prize for Entry Period 3 to be determined by Sponsor, and travel and concert to take place prior to March 31, 2007. Fashion show date options for the Sweepstakes Grand Prize for Entry Period 4 to be determined by Sponsor, and travel and fashion show to take place prior to March 31, 2007.
Dates of departure and return are subject to change at Sponsor's sole discretion. Winners and his/her guest(s) will be required to travel on the same itinerary. Airfare is nontransferable, nonrefundable, and may not be sold. Travel over holidays and other peak travel periods are restricted. Excludes blackout dates. Travel is subject to availability and other restrictions may apply. Airline tickets must be used on the carrier ticketed and cannot be used on any other airline. No name changes allowed once ticketed. Change fees may be assessed for date and/or name changes. Winner and guests subject to any additional fees and rules assessed by the airline in the event of a change or cancellation. Airline ticket is considered forfeited if winner or anyone in traveling party does not show up for flight reservation without advance notice to Administrator. Hotel stay includes room charges and taxes for one deluxe double room (for two [2]) or quadruple room (for four [4]). Includes a meal budget solely determined by Sponsor. Gratuity and alcoholic beverages are not included with meals. Room service, local calls, long distance calls, dry cleaning, food and beverage charges are not included and will be billed to the guest as incurred. Excludes holiday and other blackout periods. Not valid if property does not have room availability. Grand Prize experiences are not for sale, are non-transferable, and have no cash value. In the event any ticketed event that is part of any Grand Prize trip is cancelled or postponed for any reason, Sponsor reserves the right to award the remainder of the prize with no further obligation to the winner. Winner is solely responsible for all applicable income taxes including federal, state and local taxes on prize and any expenses not listed herein relating to acceptance and use of any prize. All Gift Cards awarded as prizes contain Terms and Conditions specific to the brands providing the Gift Cards, and all winners are subject to those Terms and Conditions. Epic will determine which artists' wallpaper and buddy icons each winner gets. Adidas will determine which athletes' ringtones and wallpapers each winner gets. Colors of certain prizes are subject to change and are solely determined by Sponsor.
Limit one (1) sweepstakes prize per eligible household. Limit one (1) Instant Win Prize per Instant Win Entry Period, per eligible household.
Prize Depictions: The depiction of the Prizes in any advertising and promotional materials may not reflect the actual prizes delivered to the winner.
7. Winner Notification / Awarding of Prizes: By participating, you (and if an eligible minor, your parent or legal guardian) agree that the decisions by the Sponsor and official judges are final on all matters relating to the Promotion. All potential winners will be subject to verification. Administrator will also send notice to all Sweepstakes potential winners by a traceable form of delivery to the address listed on the registration submission and may elect (in the case of the Sweepstakes Grand Prize Winner of Entry Period 1) to make an initial contact by phone to the phone listed on the registration submission. A potential winner (and if an eligible minor, his/her parent or legal guardian) may be required to complete, have notarized and return an Affidavit of Eligibility, Release of Liability and, where legal, a Publicity Form within 7 calendar days from date of the notification (except in the case of the Sweepstakes Grand Prize for Entry Period 1 in which all documents must be returned within 3 calendar days) or prize will be forfeited and an alternate winner selected (as determined by Administrator or Sponsor). If a winner is an eligible minor in his/her jurisdiction of residence, all required documents must be signed by the winner's parent/legal guardian on winner's behalf. All winners of Sweepstakes Grand Prizes who are less than the age of majority in their state of residence must travel with parent or legal guardian as one of the travel companions. If prize or prize notification is returned as undeliverable, or in the event of noncompliance with these rules (and/or any disqualification or expulsion hereunder), the prize will be forfeited and an alternate winner selected (as determined by Administrator or Sponsor). Guests accompanying the Grand Prize winner will be required to sign and return a release of liability/ publicity prior to any trip preparations being made. If winner's guest(s) is a minor, he/she must be accompanied by his or her parent or legal guardian who must sign and return a Liability Release and, where legal, Publicity Release. Winners of Instant Win Game prizes will receive their prize within 8-10 weeks of winning but will not receive any written notification beforehand.
8. Additional Terms: By participating, a participant (and if a minor, his/her parent or legal guardian) agrees (and agrees to confirm in writing if requested) to a) the Official Rules and the decisions of the Sponsor and judges, which shall be final and binding in all respects; and to b) release, discharge, indemnify and hold harmless The Milk Processor Education Program, The National Fluid Milk Processor Promotion Board and its parent company, agents, affiliates, subsidiaries, milk processors, milk distributors, milk farmers, sales representatives, distributors, retailers, contractors, partners, and each of their respective parent companies, advertising, fulfillment, promotion and interactive agencies, contractors and any others engaged in the development, production or distribution of promotion materials for this Promotion (and all said entities and individuals are herein, collectively, referred to as the "Releasees") from any and all liabilities, claims and/or damages arising out of his/her/their participation in the Instant Win and Sweepstakes and/or the acceptance, possession, use or misuse of a prize. Releasees are not responsible for late, lost, mutilated, illegible, incomplete, misdirected, garbled, undelivered or otherwise ineligible registrations, e-mail, postcards, messages and/or other transmissions related to this Promotion. Releasees shall not be responsible for typographical, human and/or other errors, or for any electronic, network, computer or other technical malfunctions. The Promotion is not affiliated, associated or endorsed by any other party. Sponsor may disqualify entries, and/or any portions thereof, if they contain (at the sole determination of the Sponsor or official judges) any obscene, indecent, hateful, unnecessarily violent, sexually explicit or derogatory language, any personally identifiable information and/or any other message, image and/or impression that is deemed inappropriate. Sponsor may disqualify any participant if, in its sole discretion, it determines that said participant is attempting to undermine the legitimate operation of the Promotion by cheating, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other participants or Sponsor representatives. If for any reason this Promotion is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the promotion, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion and to select winners from among all eligible, non-suspect entries received up to the time of such action. In the event that the Instant Win portion of the program has to be cancelled for any reason, any remaining instant win prizes will be awarded in a random drawing from among all non-winning sweepstakes entries. Any attempt by a participant to deliberately damage any website or undermine the legitimate operation of the Promotion may be a violation of criminal and civil laws, and should such an attempt be made, the Sponsor and Administrator reserve the right to seek damages from any such participant to the fullest extent of the law.
9. Limitations of Liability: Releasees are not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Promotion; any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access of the website; any injury or damage to participants or to any other person's computer(s) related to or resulting from participating in this Promotion, or downloading materials from or use of the website. Sponsor reserves the right in its sole discretion to cancel, modify or suspend this Promotion, should fraud, virus, bugs or other causes beyond the control of Sponsor corrupt the administration, security or proper play of the Promotion. The use of any automated launching or entry software or any other mechanical or electronic means that permit a participant automatically to repeatedly enter is prohibited. IN NO EVENT WILL THE RELEASEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ACCESS TO AND USE OF THE WEBSITE (www.bodybymilk.com) OR THE DOWNLOADING FROM AND/OR PRINTED MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE AFOREMENTIONED LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR CONDITIONS REGARDING THESE LIMITATIONS AND/OR EXCLUSIONS.
10. Governing Law: By entering, each participant (and if a minor, your parent or legal guardian) agrees that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant's rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the District of Columbia, without giving effect to any choice of law or conflict of law rules (whether of the District of Columbia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the District of Columbia. By entering, each participant (and if a minor, your parent or legal guardian) consents to the jurisdiction and venue of the federal, state and local courts located in the District of Columbia.
11. Winners List: For the names of the winners of prizes valued $25 or more, send a self-addressed, stamped envelope to be received no later than December 31, 2006 to: Body By Milk Instant Win Game and Sweepstakes Winners List, P.O. Box 5751, Ellenton, FL 34222-5007.
Sponsor: The National Fluid Milk Processor Promotion Board, 1250 H. Street NW, Suite 900, Washington, DC 20005.
Administrator: Ventura Associates, Inc. 1040 Sixth Avenue, New York City, NY 10028.
Privacy: By entering into the Promotion, each participant (and if a minor, his/her parent or legal guardian) agrees to the Sponsor's use of your personal information as described in Sponsor's Privacy Policy at www.bodybymilk.com . View this Privacy Policy by visiting www.bodybymilk.com and clicking on the Privacy Policy link.
adidas, the adidas logo, and the 3-stripes mark are registered trademarks of the adidas Group. iTunes® is a registered trademark of Apple Computer, Inc. Apple is not a participant or sponsor of this promotion. Baby Phat and the cat are registered trademarks of Phat Fashions, L.L.C. COSMOGIRL!® is a registered trademark of Hearst Communications, Inc. (c) Copyright 2006 Hearst Communications, Inc. All rights reserved. The EPIC artists, product and logos are registered trademarks of SONY BMG MUSIC ENTERTAINMENT. All rights reserved. ESPN and ESPN THE MAGAZINE are trademarks of ESPN, Inc. U.S. FENDER® is a trademark of Fender Musical Instruments Corporation and is used herein with permission. RollingStone is the registered trademark of RollingStone, L.L.C. Rolling Stone Magazine is a registered trademark of Wenner Media, L.L.C. SEVENTEEN® is a registered trademark of Hearst Communications, Inc. (c) Copyright 2006 Hearst Communications, Inc. All rights reserved.