FAYGO BEVERAGES, INC. "POP N' WIN" SWEEPSTAKES OFFICAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED.
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. INTERNET ACCESS AND REGISTRATION REQUIRED. GAME SUBJECT TO THESE OFFICIAL RULES POSTED AT THE SWEEPSTAKES WEBSITE (WWW.FAYGO.COM). GAME OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES OR DISTRICT OF COLUMBIA (EXCLUDING RESIDENTS OF NEW YORK STATE AND FLORIDA OR WHERE THE PROMOTION IS OTHERWISE PROHIBITED BY LAW) THROUGHOUT THE SWEEPSTAKES PERIOD WHO AT THE TIME OF ENTRY ARE EIGHTEEN (18) YEARS OF AGE OR OLDER. SUBJECT TO AND GOVERNED BY THE LAWS OF THE STATE OF MICHIGAN. VOID WHEREVER PROHIBITED BY LAW.
ENTRY IN THIS SWEEPSTAKES CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES.
1. SWEEPSTAKES PERIOD.
The Faygo ‘Pop n’ Win’ Sweepstakes (the "Sweepstakes") period begins May 1, 2010 at 12:00:01 a.m. ET and ends August 31, 2010 at 11:59:59 p.m. ET (the "Sweepstakes Period"). By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Faygo Beverages, Inc. ("Sponsor"), whose decisions shall be final and binding in all respects.
The Sweepstakes is open only to legal residents of the fifty (50) United States and the District of Columbia, except the states of New York and Florida
, who at the time of entry are eighteen (18) years of age or older. Officers, directors and employees of Sponsor., its bottlers, prize suppliers, parent corporations, subsidiary and affiliated companies, distributors, advertising, promotional and judging agencies, persons engaged in the development, production or distribution of materials for this Sweepstakes (collectively, "Sweepstakes Parties") and the immediate family members (parent, child, sibling, spouse) of and/or persons living in the same household as such individuals (whether related or not) are not eligible to win. No person can participate in this Sweepstakes on behalf of the group, club or organization.
3. WHERE TO FIND CODES:
Look for the 10 character alpha-numeric prize code (“UTC Code”) on the bottom of specially marked Yellow Faygo brand soft drink bottle caps available at participating locations during the Sweepstakes Period or until supplies of these specially-marked packages are exhausted. Not all package sizes or soft drink flavors are a part of the Promotion or may not be available in all areas. The total number of UTC Codes distributed by Sponsor throughout the Sweepstakes Period is approximately 45,000,000. The total number of UTC Codes distributed is based upon an estimated number of specially marked Yellow Faygo brand soft drink bottle caps produced at the time of printing of these Official Rules; the actual number may vary. If any part of any UTC Code or any Faygo brand soft drink bottle caps are counterfeited, or if the UTC Code comes from other games or sweepstakes, or if any part is illegible, mutilated, or tampered with in any way, or if it contains or reflects printing, typographical, mechanical or other errors, the UTC Code, as applicable, will be rejected and will be deemed void and invalid. Each participant acknowledges and agrees that the decisions of Sponsor shall be final, binding and conclusive in all matters relating to the Sweepstakes, including without limitation determinations regarding the validity of the UTC Codes and other materials submitted for verification.
The prize(s) offered by Sponsor are not transferable, and no substitution of prizes is permitted. UTC Codes and/or prizes cannot be sold, traded, bartered, assigned or transferred to or shared with a third party, auctioned through an online auction site, or otherwise or obtained through any source other than from one of the methods mentioned above or through the following "No Purchase Necessary" method of entry. Sweepstakes Materials are null and void and will be rejected if not obtained through channels authorized by Sponsor.
5. NO PURCHASE NECESSARY:
To receive one (1) free Yellow UTC CODE bottle cap and a copy of these Official Rules, while supplies last, send your name and complete address in an envelope postmarked on or before August 15, 2010 to: Faygo Beverages, Inc., Pop n’ Win Sweepstakes 3579 Gratiot Ave., Detroit, MI 48207. Limit one (1) free Yellow UTC CODE bottle cap per request per hand-addressed stamped outer envelope. No photocopies or mechanically reproduced requests will be accepted. Sponsor assumes no liability for lost, late, stolen, illegible, incomplete, misdirected, mutilated or postage-due mail or requests.
6. REGESTER ON-LINE AT FAYGO.COM:
Go to www.faygo.com (the “website”) during the Sweepstakes Period, click on the sweepstakes banner, and then follow the on-screen instructions and register for the Pop n’ Win Sweepstakes. You will be asked for a complete, legal name, address, phone number, active e-mail address, gender and date of birth, and to enter the UTC Code as it appears on your specially marked Yellow Faygo bottle cap, and click "submit". You may also be asked to answer optional questions; however, those questions do not need to be answered in order to be eligible for the Sweepstakes. The website database clock will be the official timekeeper for this Sweepstakes.
Once every two weeks, approximately 220 valid sweepstakes entries shall be drawn by the Sponsor. Sponsor’s decisions shall be final, and each bi-weekly winning entrants will receive an PRELIMINARY PRIZE. PRELIMINARY PRIZES are either a Faygo brand soft drink t-shirt (Approximate Retail Value of $15.00)or a Faygo brand soft drink ball cap(Approximate Retail Value of $15.00). All PRELIMINARY PRIZES will be randomly selected. The odds of winning a PRELIMINARY PRIZE are 1: 22,500. All registered participants who have entered a valid UTC Code during the Sweepstakes Period are automatically entered into all prize drawings. A winner of one PRELIMINARY PRIZE is not eligible to win another PRELIMINARY PRIZE during the life of this Sweepstakes; however they are eligible to win one of the GRAND PRIZES. No more than one PRELIMINARY PRIZE will be sent to the same person or address. UTC Codes entered are subject to verification according to these Official Rules. Entries are subject to verification. No responsibility is assumed by Sponsor for any inability of a potential entrant to successfully enter any drawing due to any circumstances. Sponsor reserves the right to reschedule any drawing.
The participants eligible for the GRAND PRIZE DRAWING are all registered participants who have entered a valid UTC Code during the Sweepstakes Period (whether or not they were a PRELIMINARY PRIZE winner); each registered participant who has entered a valid UTC Code during the Sweepstakes Period will be automatically entered in to the GRAND PRIZE DRAWING for a chance to win one (1) of two (2) Grand Prizes which are: the first GRAND PRIZE WINNER will receive one (1) 46 inch Sony HDTV (Approximate Retail Value of $1,100.00) and the second GRAND PRIZE WINNER will receive one (1) check in the amount of $1,000.00. The GRAND PRIZE DRAWING winner will be randomly selected. Odds of winning depend upon the number of entrants received by registered participants who have entered a valid UTC Code during the Sweepstakes Period. The Final Drawing will be held on or about 9/7/2010 by Sponsor, whose decisions shall be final.
7. WINNER NOTIFICATION:
PRELIMINARY WINNERS and GRAND PRIZE WINNERS will be notified by e-mail or mail at the e-mail or postal address provided at the time of registration on the website. Each potential PRELIMINARY or GRAND PRIZE WINNER may be required to sign and return an Affidavit of Eligibility and Liability Release ("Affidavit") within ten (10) days of the attempted winner notification (as indicated by the date referenced in the Affidavit). Failure to return the Affidavit within ten (10) days may result in Prize forfeiture, and an alternate winner may be selected. Any mail returned as undeliverable without a forwarding address may result in Prize forfeiture and an alternate winner may be selected at Sponsor’s discretion. All Prizes will be sent to winners at the postal address provided during registration on the website. Sponsor is not responsible for e-mail or mail returned as undeliverable in accordance with Rule 9. Allow 2 to 4 weeks for delivery of Prize by mail following notification process. Prizes will only be delivered to addresses within the United States.
8. UNDER THE CAP CODE LIMITS:
All UTC Codes are subject to verification in accordance with these Official Rules. Limit one (1) UTC Code entry per verified UTC Code entered. Each UTC Code can only be used once. Only the UTC Code on specially marked Yellow Faygo brand soft drink bottle caps will be valid; no other codes from any other products, promotions, sweepstakes or any other part of a participating package are valid. No groups, clubs or organizations can register an Account or participate in the Sweepstakes. Possession of a UTC Code (or game piece with UTC Code) does not constitute proof of entering UTC Code into Sweepstakes website. UTC Codes that are not verified or recognized as invalid by Sponsor or that are deemed as previously entered and used will be void and not eligible for entry in the Sweepstakes. All UTC Codes must be entered by the deadline dates, as specified in Rule 1.
9. GENERAL CONDITIONS:
Unclaimed prizes or prizes returned to Sponsor as undeliverable without a forwarding address will result in prize forfeiture and will not be awarded. No substitution of any prize is offered, no transfer of any prize to a third party permitted and non-cash prizes are not redeemable for cash value. Prize winners are responsible for any applicable federal, state or local taxes on prize; if applicable, winner may receive an IRS Form 1099 for tax purposes for the value of the prize. Any difference between actual value of prize and approximate value of prizes as stated in these Official Rules will not be awarded. Sponsor reserves the right to award a prize of equal or greater value in the event the published prizes become unavailable. Any difference between the stated estimated value of a prize and actual value of prize will not be awarded. Prize recipients are responsible for all applicable federal, state, and local taxes, if any, on a prize. You are not entered into a Sweepstakes until your Sweepstakes Code has been submitted and verified in accordance with these Official Rules, and you have fully complied with these Official Rules.
10. GAME PIECE/CODE VERIFICATION:
All UTC Codes and specially marked Yellow Faygo brand soft drink bottle caps are subject to verification at the sole discretion of Sponsor. Anti-fraud detection devices may be used for verification purposes. Caps and Codes will be void if they fail to pass anti-fraud detection measures, or, if determined by Sponsor in its sole discretion, to be unauthorized, illegitimately obtained (i.e., through means other than those stated in Rule 3 and 5) or if they contain an unauthorized message, code or other marking not issued by Sponsor for use in this Sweepstakes, or if defective or if they contain printing or other mechanical errors or are printed or produced in error or are illegible or unreadable or blank. No prize claim will be valid if such entry is associated with any UTC Code deemed void for any reason, including without limitation, the following: (a) UTC Code is not verified or recognized as being validly issued by Sponsor in the sweepstakes; (b) UTC Code is determined to be previously entered and used; (c) UTC Code is incorrectly or incompletely entered or submitted; or (d) UTC Code or corresponding cap is otherwise void. Sponsor shall have no obligation to the holder of any void cap or UTC Code. Notwithstanding the foregoing, Sponsor may, at its sole discretion and without obligation, elect to replace an illegible game piece with one (1) randomly selected game piece, if appropriate, upon request while supplies last. Sponsor reserves the right to inspect and examine any illegible game piece prior to issuing a replacement. Replacements shall be issued at Sponsor’s sole discretion and may be denied in the event of non-compliance with these Official Rules. Except as expressly stated above, Sponsor shall have no liability or obligation with respect to any void game cap or UTC Code.
11. LIMITATIONS OF LIABILITY:
No responsibility or liability is assumed by the Sponsor and Sweepstakes Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Sponsor’s or Sweepstakes’ Website hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent or received; lost, late, delayed or intercepted e-mail messaging transmissions; inaccessibility of the Sponsor’s or Sweepstakes’ Website in whole or in part for any reason; traffic congestion on the Internet or on the Sponsor’s or Sweepstakes’ Website; unauthorized human or non-human intervention of the operation of the Sweepstakes, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Sweepstakes, or loss, miscount, misdirection, inaccessibility or unavailability of an Account used in connection with the Sweepstakes. Sponsor and Sweepstakes Parties are not responsible for any typographical or printing errors in the Codes, any display or announcement of Sweepstakes prizes or these Official Rules, or any inaccurate or incorrect data contained on the Sponsor’s or Sweepstakes’ Website, including without limitation, the number of entries entered in any particular drawing, or any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment or mobile phone equipment resulting from online participation in the Sweepstakes, or use of or download of any information from the Sponsor’s or Sweepstakes’ Website. Use of www.faygo.com and Sweepstakes’ Website is at user’s own risk. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEB SITE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Under no circumstances will Sponsor and Sweepstakes Parties be liable for punitive, incidental, consequential, or any other damages.
This Sweepstakes is governed by the laws of the State of Michigan, without respect to conflict of law doctrines. As a condition of participating in this Sweepstakes, you agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Michigan having jurisdiction. Further, in any such dispute, under no circumstances will participants be permitted to obtain awards for, and hereby waive all rights to claim punitive, incidental or consequential damages, including attorneys' fees, other than entrant's actual out-of-pocket expenses (e.g. costs associated with entering), and participants further waive all rights to have damages multiplied or increased.
: In no event will Sponsor be obligated to award more prizes than the number of prizes stated in these Official Rules. If for any reason Sponsor determines in its sole discretion that the sweepstakes is no longer capable of running as intended by these rules for any reason whatsoever, Sponsor, at its sole discretion, reserves the right to cancel, terminate, suspend, postpone, delay or modify the Sweepstakes in whole or in part, including without limitation, any means of entry, at any time if any aspect of the Sweepstakes is not capable of running as planned or as intended by these Official Rules for any reason whatsoever, including but not limited to, any occurrences described in Rule 11 above, or any other causes which may corrupt or impair the integrity, security, fairness or proper conduct of the Sweepstakes, as determined by Sponsor in its sole discretion, or if Sponsor determines that more prize claims are submitted and/or more prize notices are distributed than the number of prizes offered in these Official Rules. In such event, Sponsor shall immediately suspend all drawings and prize awards, and Sponsor reserves the right to award any remaining prizes (up to the total set forth in these Official Rules) in a manner deemed fair and equitable by Sponsor, such as by way of example and not by way of limitation, in a random drawing from among the eligible entries received up to the time of the impairment, and neither Sponsor nor its Administrators shall have any further liability to any participant in connection with the Sweepstakes. Sponsor may modify and amend these Official Rules as they appear online from time to time during the Sweepstakes for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.
All entrants, as a condition of participation in this Sweepstakes, agree to release Sponsor and Sweepstakes Parties, Faygo Beverages, Inc., their bottlers, their corporate parents , subsidiaries, affiliates, divisions, suppliers, representatives, printers, distributors and advertising, sweepstakes or judging agencies, from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with accessing the Sweepstakes or any Website, submitting an entry or otherwise participating in any aspect of the Sweepstakes, the receipt, ownership or use of any prize awarded, or while preparing for, participating in or traveling to or from any prize-related activity or any typographical or other error in these Official Rules or the announcement of offering of any prize. Sponsor makes no representations or warranties of any kind concerning the appearance, safety or performance of any prize, except for any express manufacturer’s warranty as may be included with the prize. Winner bears all risk of loss or damage to prize after it has been delivered. Except for residents of Tennessee and where prohibited by law, winners grant to Sponsor the right to print, publish, broadcast and use worldwide in any media now known or hereinafter known (including without limitation use online at the Sweepstakes Website or any Sponsor websites) the winner’s name, address, voice, statement, picture or other likeness, without additional compensation, review or consent in connection with this Sweepstakes for public relations, advertising and promotional purposes as may be determined by Sponsor.
This sweepstakes is sponsored by Faygo Beverages, Inc., Detroit, Michigan 48207.
Faygo, is a registered trademark of Faygo Beverages, Inc.; Sony is a registered trademark of the Sony Corporation. Sony Corporation is not affiliated with and does not sponsor Faygo Beverages, Inc., Faygo brand soft drinks, or this Promotion.