Post by Admin on Nov 30, 2006 0:19:50 GMT -5
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Must be between the ages of 8 and 14 to enter
Prizes: THREE HUNDRED SIXTY-FIVE (365) PRIZES: Each prize is one (1) Firefly phone package that consists of five (5) Firefly phones and ten (10) Firefly Minutes™ phone cards with 40 minutes each.
FRUIT GUSHERS FIREFLY OFFICIAL RULES
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. MANY WILL ENTER AND PLAY, FEW WILL WIN.
1. Eligibility: Fruit Gushers Firefly (the "Instant Win Game") is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eight (8) years old, and not greater than fourteen (14) years old at the time of entry. Void where prohibited. Employees, officers, affiliates, advertising and promotion agencies and judging organizations and representatives of General Mills Sales, Inc., ePrize, LLC, Firefly Mobile, Inc., as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Instant Win Game is subject to all applicable federal, state and local laws and regulations. Participation in the Instant Win Game constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to the Instant Win Game. Winning a prize is contingent upon fulfilling all requirements set forth herein. Any entry information provided by children under the age of thirteen (13) will be used solely for the purposes of the Instant Win Game and will be destroyed immediately after its conclusion in accordance with the requirements of the Children's Online Privacy Protection Act ("COPPA").
2. Sponsor: General Mills Sales, Inc., One General Mills Blvd. Minneapolis, MN 55440. Administrator: ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069.
3. Timing: The Instant Win Game begins at 12:00 a.m. Eastern Time ("ET"), June 1, 2006 and ends at 11:59 p.m. ET, May 31, 2007 (the "Promotion Period"). Administrator's computer is the official time keeping device for the Instant Win Game.
4. How to Enter: NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. MANY WILL ENTER AND PLAY, FEW WILL WIN. During the Promotion Period, obtain a pouch code. There are two ways to obtain a pouch code:
General Mills Product: During the Promotion Period, purchase a specially marked box of Fruit Gushers Fruit Flavored Snacks from participating retailers. Retain the designated Pouch Code from the product pouch, and have it available when you visit the url listed below; or
Free Pouch Code: To enter the Instant Win Game without purchasing specially marked Fruit Gushers products, use the following Pouch Code "Gushoverphone".
Once you obtain a Pouch Code, during the Promotion Period, go to www.GushersPhoneADay.com and follow the links and instructions to the Online Instant Win Game area of the web site. You will be required only to enter your first name and e-mail address, a parent's e-mail address, and the Pouch Code. Your registration will be accepted and approved only in compliance with COPPA. Follow the directions to advance to the Instant Win Game page and to play the Instant Win Game. It is recommended that you install Macromedia Flash on your computer (if you do not already have it) when prompted. Installation is free. If you do not have Macromedia Flash, you can choose to download the Flash player, or you will automatically go to the Win or Lose Notification page. The Instant Win Game results will be instantly displayed. A winner notification e-mail will be sent to your parents at the e-mail address previously provided. This e-mail will contain an option for your parents to opt out of participation in the Instant Win Game. If your parent chooses this option no prize will be awarded and you will not be eligible for further Instant Win Game participation. If parent chooses to permit participation, a form will be provided to be printed, completed by parent and returned by fax 248.543.7940 or returned by postal mail to Fruit Gushers Firefly ePrize Fulfillment Services, One ePrize Dr. Pleasant Ridge, MI 48069 within ten (10) days from notification. All potential winners are subject to verification before any prize will be awarded. Administrator is responsible for the functionality of the Instant Win Game. Limit: Each participant may play one (1) time per day during the Promotion Period. 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, or problems of any kind whether mechanical, human or electronic which will be disqualified. In the event of a dispute as to any registration or play, the authorized account holder of the e-mail address used to register will be deemed to be the registrant or player. The "authorized account holder" is the natural person assigned an e-mail address by an Internet access provider, online service provider, Internet service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder.
5. ALL POTENTIAL WINNING PLAYS ARE SUBJECT TO VERIFICATION BY SPONSOR OR 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 HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. 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.
6. Instant Win Prize Selection and Verification of Potential Winners: All selected potential winners must comply with all terms and conditions of these Official Rules, and all winnings are contingent upon fulfilling all requirements. Administrator is an independent judging organization whose decisions as to the administration and operation of the Instant Win Game and the selection of potential winners are final and binding in all matters related to the Instant Win Game. There will be Three Hundred Sixty-Five (365) random, computer-generated winning times during the Promotion Period; one (1) random, computer-generated winning time per day during the Promotion Period. 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 instant winner of the prize indicated. Potential Instant Win Game winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. If any potential winner cannot be contacted or if prize is returned as undeliverable, potential winner forfeits prize. In the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. There will be two (3) alternate drawings after which the prize will remain unawarded. Winners will receive their prize approximately four (4) weeks after verification and approval of their win status.
7. Prizes: THREE HUNDRED SIXTY-FIVE (365) PRIZES: Each prize is one (1) Firefly phone package that consists of five (5) Firefly phones and ten (10) Firefly Minutes™ phone cards with 40 minutes each. The Firefly Minutes™ phone cards expire 90 days from the date that the Cards are manufactured and not from the date that the Cards are activated; winners will be provided with the date of expiration of their respective Firefly Minutes phone cards at the time they receive their prize package. All phones come with a travel charger, backpack clip, and thirty (30) minutes of airtime. Winners must comply with all terms and conditions of the Firefly phones and the Firefly Minutes phone cards. If a winner does not live within a Firefly coverage area the prize will be substituted with $599.95 cash by the Sponsor in its sole discretion. Approximate Retail Value (“ARV”): $599.95. Odds of winning a prize depend on the number of eligible plays received during the Promotion Period divided by the number of prizes available. 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. Winners are responsible for all federal, state and local taxes and fees associated with prize receipt and/or use. Prizes will be awarded "as is" with no warranty or guarantee, either express or implied offered by Sponsor. TOTAL ARV OF ALL PRIZES: $218,981.75. Limit: one (1) Instant Win Game prize per person.
8. Publicity: Except where prohibited, participation in the Instant Win Game 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(such consent will only be to the extent allowed by COPPA).
9. 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 administration, security, fairness or proper play 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.
10. Release: By entering this Instant Win Game, entrant agrees to release and hold harmless General Mills Marketing, Inc., ePrize, LLC, 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.
11. 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.
12. 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 solely 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.
13. Entrant's Personal Information: Information collected from entrants is subject to the ePrize Privacy Policy (http://www.eprize.com/privacy_policy.html) and the Sponsor's Privacy Policy (http://www.generalmills.com/corporate/privacy/privacy.aspx).
14. Winners List: Instant Win Game results and/or a copy of these Official Rules may be obtained by sending a self-addressed, stamped envelope to "Fruit Gushers Firefly Winner List/Rules Request", c/o ePrize, LLC, P.O. Box 8070 Royal Oak, MI 48068-8070. Requests must be received by August 31, 2007 for the winner list. Vermont residents may omit return postage for the official rules.
© 2006 ePrize, LLC. All rights reserved.