KATY’S KETTLE CORN POPCHIPS® INSTANT WIN GAME OFFICIAL RULES
NO PURCHASE REQUIRED TO ENTER OR RECEIVE A PRIZE. A PURCHASE DOES NOT IMPROVE YOUR CHANCE OF WINNING.
These Official Rules apply for “KATY’S KETTLE CORN POPCHIPS® INSTANT WIN GAME” (“Game”) conducted by popchips®, 550 Montgomery Street #925, San Francisco, CA 94111 (“Sponsor”) and promoted at www.popchips.com/katylive (“Website”). The Game will start at 12:00:00 AM Eastern Daylight Savings Time (“EDT”) on June 1, 2013 and will end at 11:59:59 PM EDT on September 27, 2013 (“Game Period”). By entering this Game, you agree to the Terms in these Official Rules.
GAME ENTRANTS AND PRIZE RECIPIENTS MUST BE BOTH (A) LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES, THE DISTRICT OF COLUMBIA OR CANADA AND (B) 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY TO BE ELIGIBLE. VOID OUTSIDE THE UNITED STATES, DISTRICT OF COLUMBIA, CANADA AND WHERE PROHIBITED BY LAW. GAME SUBJECT TO ALL APPLICABLE FEDERAL, STATE, PROVINCIAL AND LOCAL LAWS AND REGULATIONS. Officers, directors and employees of Sponsor, and its respective parent companies, subsidiaries, affiliates, divisions, advertising and promotion, fulfillment and/or judging agencies (all such individuals and entities collectively referred to herein as, the “Related Entities”), and their immediate families are not eligible to enter the Game or win a prize.
TO OBTAIN FREE GAME PIECE: If you are a resident of Minnesota, Vermont or Wisconsin, go to popchips.com/katylive and complete and submit the Online Free Game Piece Form by 11:59:59 PM EDT on August 31, 2013. All other U.S. residents and Canadian residents may send a self-addressed, stamped envelope to: katy’s kettle corn popchips® Instant Win Game Piece Request, c/o Centra360, 1400 Old Country Road, Suite 420, Westbury, NY 11590. All mailed requests must be postmarked by August 31, 2013 and received by September 13, 2013. Limit one (1) mail request per envelope.
HOW TO PLAY: Go to www.popchips.com/katylive, and submit the PIN listed on your game piece available on specially marked katy’s kettle corn popchips® bags. You will either receive a “Congratulations You Are a Grand Prize Winner” message (“Winning Prize Message”) or a “Sorry you are not a Winner” message (“Non Winning Message”). If you receive a Winning Prize Message, you are a potential Grand Prize Winner, subject to verification. If you receive a “Sorry you are not a Winner” Message, you are not a Winner. TO CLAIM A GRAND PRIZE: All potential Grand Prize Winners will be required to (i) Print the completed and submitted online Prize Claim Form or hand print their complete name, mailing address including zip code, telephone number including area code and a valid email address on a piece of paper and (ii) mail it along with the actual katy’s kettle corn popchips® bag and winning game piece in an envelope with sufficient postage to: katy’s kettle corn popchips® Game Claims, c/o Centra360, 1400 Old Country Road, Westbury, NY 11590 (i and ii, collectively “Prize Claim”). All Prize Claims must be received by September 27, 2013. Electronic copy or computer screen shots of Winning Prize Message or photocopies or facsimiles of katy’s kettle corn popchips® bag and winning game piece will not be acceptable or honored. Sponsor is not responsible for any lost, late, delayed, illegible, incorrect, incomplete, misdirected or postage due Prize Claims. Incomplete, unreadable, inaccurate, unintelligible or late Prize Claims which otherwise do not comply with these Official Rules will be disqualified. All Prize Claims become the property of the Sponsor and will not be acknowledged or returned. Use of automated entry or similar devices to participate or subvert the entry process is prohibited and all entries through such devices are void. Your completion and submission of a Prize Claim constitutes your consent to participate in this Game and your consent for Sponsor to obtain and deliver your name, address and other information to Centra360 for the purpose of administering this Game and for other uses by Sponsor as permitted by these Official Rules and by applicable law. Sponsor and the Related Entities are not responsible for any problems or technical, hardware, or software malfunctions of any telephone network or telephone lines, failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or utilized in this Game, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or Entry to be received by the Sponsor due to technical problems, human error or traffic congestion, unavailable network connections on the Internet or at any website, or any combination thereof, including, without limitation, any injury or damage to entrant’s or any other person’s computer relating to or resulting from participating in this Game or downloading any materials in this Game. By playing the Game and submitting your PIN (“Entry”), entrant agrees to abide by the terms of these Official Rules. Unclaimed Grand Prizes will not be awarded. Grand Prizes will be awarded provided they are properly claimed. No more than the stated number of Prizes will be awarded. If the number of awarded Prizes equals the number of Prizes offered, no additional Prizes will be awarded or provided in connection with this Game. In the event more prize winner notifications are issued, or more winning claims are received, than the number of prizes set forth in these Official Rules due to computer, printing, seeding, human or other error or problem, a random drawing will take place from among all eligible Prize claims for the Prize(s) at issue to award the proper number of Prizes as set forth in these Official Rules. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. An entrant is not a winner of any Instant Win Prize, even if a Winning Prize Message or any other aspect of the Game should so indicate, unless and until the entrant’s eligibility and the Prize Claim have been verified. Sponsor and Related Entities will not accept screen shots or other evidence of winning in lieu of its validation process.
TWENTY-FIVE (25) GRAND PRIZES: Each Grand Prize is a trip for Grand Prize Winner (hereinafter, “Winner”) and one (1) guest (hereinafter, “Guest”) to Los Angeles, CA on dates to be designated by Sponsor in 2013. The Grand Prize trip consists of round-trip coach air transportation between major airport nearest Winner’s home and Los Angeles, CA for Winner and Guest (airline carrier to be designated by Sponsor) and one (1) night hotel accommodations (one room, standard double occupancy accommodations) at a Sponsor specified hotel in Los Angeles, CA, two (2) tickets to one (1) Katy Perry concert, in the Los Angeles, CA area, ground transportation between hotel and concert venue and a check made payable to the Grand Prize Winner in the amount of two hundred and fifty U.S. Dollars ($250). The approximate retail value (“ARV”) of each Grand Prize is $2,350 USD/$2,400 CDN. Total approximate retail value of all prizes: $58,750 US/$60,000 CDN. Odds of winning a Grand Prize: 1:24,000. Seating at the Katy Perry Concert will be determined by Sponsor. Any difference between the stated ARV of a Grand Prize and the actual value of that Grand Prize will not be awarded. Grand Prize Winners will be solely responsible for all federal, state, provincial and local taxes on Grand Prize. No cash substitution, assignment, or transfer of any prize permitted. In the event the Grand Prize is unavailable, Sponsor reserves the right to substitute a prize of equal or greater value. In the event a Grand Prize Winner resides within a 180 mile radius of Los Angeles, CA, the air transportation portion of the Grand Prize will not be awarded and Sponsor will provide ground transportation between the Grand Prize Winner’s home and Los Angeles, CA. Sponsor will not reimburse an applicable Grand Prize Winner for any difference between the cost of ground transportation and the cost of air transportation. Each Grand Prize Winner will be solely responsible for any and all expenses and costs not expressly listed above including, but not limited to, any and all ground transportation between Grand Prize Winner’s residence and airport of departure, ground transportation while in Los Angeles, CA (other than stated herein), meals and beverages, telephone calls, gratuities, baggage fees, travel upgrades and personal incidentals. Each Grand Prize Winner will be required to provide a credit or debit card at the time of hotel check-in and will be solely responsible to pay for any and all personal expenses charged to the Grand Prize Winner’s hotel room. Each Grand Prize Winner and Guest must travel on the same itinerary and are responsible for obtaining the necessary travel documents prior to departure. Each Grand Prize Winner and Guest must travel on dates designated by Sponsor. In the event a Grand Prize Winner cannot travel on dates designated by Sponsor, that Grand Prize Winner will be disqualified and that Grand Prize will not be awarded. Grand Prize Trip is subject to availability and restrictions and blackout dates may apply. In the event a Grand Prize Winner or a Guest is deemed a minor under the jurisdiction of his/her state of residence, such Grand Prize Winner or Guest must be accompanied by a parent or legal guardian. No additional travel expenses or any other aspects of the Grand Prize will be awarded should the Grand Prize Winner’s or Guest’s parent or legal guardian be required to accompany the Grand Prize Winner or Guest. Sponsor shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the air carriers or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. Sponsor shall not be liable for any loss or damage to baggage. In the event a Grand Prize Winner or Guest becomes disabled or cannot otherwise fully enjoy the prize package due to illness, Sponsor shall have the option at its sole discretion of: being relieved of liability for fulfillment of the prize award or any part thereof. . Grand Prize Winner and Guest will be solely responsible for obtaining valid government issued identification and/or valid Passport. Grand Prize Trip is subject to any and all restrictions instituted by the Department of Defense and/or Department of Homeland Security as required. Grand Prize Trip must be completed during the Sponsor-designated dates. In the event, for whatever reason, the Katy Perry Concert listed in the Grand Prize description does not or cannot take place as scheduled or at all, for reasons included but not limited to scheduling conflicts, cancellations, postponement, an event of “Force Majeure” (as defined below), or for any other reason, then in lieu of the Katy Perry’s Concert tickets, the Grand Prize Winner will receive the remaining components, if any, of the Grand Prize, which shall constitute full satisfaction of Sponsor’s prize obligation to the Grand Prize Winner, and no other or additional compensation will be awarded. FOR CANADIAN RESIDENTS ONLY: Before being declared a potential Grand Prize Winner, an Eligible Participant who is a Canadian resident will be required to correctly answer, without assistance of any kind, whether mechanical or otherwise, a four-function time limited mathematical skill testing question. Failure to answer question correctly will cause prize to be forfeited.
CLAIMING PRIZES/RELEASES: Prizes are subject to the Game and all applicable federal, state and provincial laws. Prizes are not transferable. Taxes on Grand Prize are sole responsibility of the Winners. Popchips® will not pay for or offset any tax liability on any prize. Eligibility, age and claims made by a potential Grand Prize Winner are subject to verification. Potential Grand Prize Winners will be notified by e-mail, and U.S. Mail or Canadian Post on or about three (3) business days from date of receipt of Prize Claim with an affidavit of eligibility and a liability and (where imposing such condition is legal) a publicity release, which potential Grand Prize Winner must return to Centra Marketing & Communications, LLC within five (5) business days of notification. Sponsor is not obligated to leave voice mail, answering machine or other message. If a potential Grand Prize Winner notification or Grand Prize is returned as undeliverable, a potential Grand Prize Winner is ineligible, or a potential Grand Prize Winner declines the prize, that Grand Prize Winner will be disqualified and that Grand Prize will not be awarded. Sponsor is not responsible for fraudulent calls or e-mails made to entrants not by the Sponsor. Each Grand Prize Winner who resides in the U.S. must supply Sponsor with his/her social security number for tax purposes. Where permissible, Grand Prize Winners may be required to agree to a background investigation conducted by Sponsor.
EVENT CONDUCT: Each Grand Prize Winner’s and Guest’s conduct will be under the supervision of Sponsor and its Event Representatives (“Event Staff”) whose decisions are final and binding in all aspects relating to the katy perry concert stated in the Grand Prize (hereinafter “Event”). A Grand Prize Winner and his/her Guest may be removed from the Event premises at the sole discretion of the Sponsor or Event Staff for any reason at any time, including but not limited to the advice of the Event staff, creating an unauthorized disturbance, interruption or unnecessarily rough physical contact, or for any unhealthy, unsafe, or inappropriate act. If a Grand Prize Winner or any Guest who in the opinion of the Sponsor or Event Staff is considered a physical or mental threat to the well-being of any of the other Grand Prize Winners, Guests or Event staff, he/she may be removed from the Event premises. Grand Prize Winners and Guests are not permitted to engage in any overt sexual activities or have any overt sexual contact with another person during the Event. Any act performed by a Grand Prize Winner or Guest defined by Federal, State or Local statute or ordinance as constituting a criminal act may result in removal from the Event premises. At the sole discretion of the Sponsor and Event Staff, if any Grand Prize Winner or any Guest uses profanity, or demonstrates any lewd or sexually suggestive gestures or full or partial nudity, the Sponsor shall have the right to remove that individual from the Event premises. At the sole discretion of the Sponsor and Event Staff, if any Grand Prize Winner or any Guest creates the potential for death, disability, injury and/or property damage during the Event, the Sponsor and/or the Event Staff, shall have the right to remove that individual from the Event premises.
INTERNET: If for any reason this Game is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor or the Related Entities which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Game, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the Entry process, and subject to the approval of the RACJ in Quebec, to cancel, terminate, modify or suspend the Game. Neither the Sponsor nor any Related Entity assumes any responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries. Neither the Sponsor nor any Related Entity is responsible for any problems or technical malfunctions of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or Entry to be received by the Sponsor or any Related Entity due to technical problems, human error or traffic congestion on the Internet or at any Web site, or any combination thereof, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Game or downloading any materials in this Game. NEITHER SPONSOR NOR ANY RELATED ENTITY IS RESPONSIBLE FOR INCOMPATIBILITY OF ENTRANT’S HARDWARE, SOFTWARE OR BROWSER TECHNOLOGY WITH SPONSOR’S OR SUCH RELATED ENTITY’S HARDWARE, SOFTWARE OR BROWSER TECHNOLOGY. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GAME IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR OR AFFECTED RELATED ENTITY RESERVES THE RIGHT TO SEEK DAMAGES OR OTHERREMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity or eligibility of a Winner based on an e-mail address, the winning Entry will be declared made by the “Authorized Account Holder” of the e-mail address at time of Entry. An “Authorized Account Holder” is defined as the natural person 18 years of age or older who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor may ask any entrant or potential Winner to provide Sponsor with proof that such party is the authorized account holder of the e-mail account associated with the Entry.
GENERAL: By entering this Game, entrants and Winners: (1) agree to be bound by these Official Rules; (2) agree to release Sponsor and the Related Entities from any and all liability for any loss, harm, damages, costs or expenses, including without limitation property damages, personal injury and/or death, due in whole or in part, directly or indirectly, to participation in this Game or any Game-related activity, or the acceptance, possession, use or misuse of any prize and claims based on publicity rights, defamation or invasion of privacy and merchandise delivery; and (3) consent to the use of his/her name, voice, picture, and likeness for advertising and Game purposes (where permitted) in any medium throughout the world, whether now known or hereafter devised, in perpetuity without additional compensation unless prohibited by law, and (4) acknowledge that Sponsor and the Related Entities have neither made nor are responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition, or fitness for a particular purpose. Sponsor, at its sole discretion and subject to the approval of the RACJ in Quebec, may discontinue this Game at any time. Sponsor, at its sole discretion and subject to the approval of the RACJ in Quebec may terminate the Game or decide to modify the Game in any manner that it deems fair and equitable to participants if it becomes aware of any occurrence that would materially affect the Game’s security and fairness. Sponsor, at its sole discretion and subject to the approval of the RACJ in Quebec, may prohibit individuals from participating in the Game and disqualify entries if they (1) attempt to enter the Game through any means other than as described in these Official Rules, (2) attempt to disrupt the Game or circumvent the terms and conditions of these Official Rules in any way or (3) repeatedly show a disregard for the Game Official Rules or act (a) in an unsportsmanlike manner, or (b) with an intent to annoy, abuse, threaten or harass any other entrant or Sponsor. Sponsor’s decisions with respect to the Game are final.
LIABILITY & RELEASE: By participating in this Game, entrants agree to release and hold harmless Sponsor and the Related Entities from and against any claim or cause of action arising out of participation in the Game or receipt or use of any prize hereunder, including, but not limited to: (a) unauthorized human intervention in the Game; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) errors in the administration of the Game or the processing of Entries or Claims; or (e) injury or death to a person(s) or damage to property which may be result, directly or indirectly, in whole or in part, from entrant’s participation in the Game or entrants’ receipt, acceptance, use and/or enjoyment of any prize. In no event shall Sponsor or the Related Entities be liable for attorney’s fees. Each Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. Sponsor and the Related Entities reserve the right to correct typographic, clerical or printing errors in any Game materials. Sponsor and the Related Entities are not responsible for any typographical or other error in the printing of this Game, the administration of the Game or in the announcement of any Winner, including such error as may give an erroneous indication that a prize has been won. In the event the Sponsor or the Related Entities are prevented from continuing with this Game, or the integrity and/or feasibility of the Game is undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute, or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state, or local government law, order of regulation, order of any court or jurisdiction, or other cause not reasonably within the Sponsor’s or the Related Entities’ control (each a “Force Majeure” event) the Sponsor and the Related Entities shall have the right, in their sole discretion, to abbreviate, modify, suspend, cancel or terminate the Game without notice or further obligation. If the Sponsor or the Related Entities, in their discretion, elect to abbreviate, cancel or terminate the Game as a result of a Force Majeure event, the Sponsor and the Related Entities reserve the right, but shall have no obligation, to award a Grand Prize from among all valid and eligible entries received up to the time of such Force Majeure event. Any litigation respecting the conduct or organization of a publicity Game may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping parties reach a settlement.
WINNERS LIST/OFFICIAL RULES: To obtain any legally required Winners list (available after September 30, 2013) or a copy of the Official Rules, send a self-addressed, stamped #10 envelope to be received by December 31, 2013 to katy’s kettle corn popchips® Game, c/o Centra360, 1400 Old Country Road #420, Westbury, NY,11590. Please specify "Official Rules" or "Winners List". VT and Canadian residents do not need to affix return postage for Official Rules Requests.
HAVE A QUESTION? e-mail us at email@example.com or write us at katy’s kettle corn popchips® Game Questions, c/o Centra360, 1400 Old Country Road, #420, Westbury, NY 11590.
NATURE OF SPONSOR’S BUSINESS: Retail Merchandising.
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