NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
- HOW TO ENTER: The Tic Tac "Shake It Up™ & Drive 4 Adventure" Instant Win Game (the "Game") and Sweepstakes (the "Sweepstakes") (the Game, Sweepstakes, and Second Chance Drawing (defined below) are collectively referred to as the "Promotion") shall begin at 12:00:01am (ET) on May 20, 2012 and end at 11:59:59pm (ET) on August 18, 2012 (the "Promotion Period"). During the Promotion Period, those who are eligible (each an "Entrant") may visit the Game application (the "Application"), accessible through the Application link on the TicTacUSA page on Facebook.com (http://www.facebook.com/TicTacUSA) (the "Page"), and follow the on-screen directions to "like" the Page (if Entrant does not already "like" the Page) and register for the Promotion. Entrants who are existing members of Facebook.com will be required to log in to access the Page. If you are not an existing member of Facebook.com, you will be required to follow the directions to create a free account on Facebook.com and you will then be able to access the Page. For clarity, "liking" the Page does not, by itself, constitute eligibility, registration, or entry into the Sweepstakes.
All Facebook, Inc. ("Facebook") terms and conditions apply. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, MINI USA (a division of BMW of North America, LLC) ("MINI"), Recreational Equipment, Inc. ("REI"), Apple Inc. ("Apple"), AFC Trident Inc. ("Trident"), or Otter Products, LLC ("Otter"). You understand that you are providing your information to Sponsor and not to Facebook.
- HOW TO PLAY THE GAME: During the Promotion Period, once at the Application, register for the Game by completing and submitting the entry form by entering your first and last name, mailing address, street address (if different), city, state, zip code, phone number (including area code), date of birth and e-mail address, and creating a password for return visits. Continue to play the Game by following the directions provided to see if you are an instant winner. Returning Entrants will only be asked to provide their e-mail address and the password they created at the time of registration to play again. Limit one (1) Game play per person and/or per e-mail address per day during the entire Promotion Period. Additional Game plays received from the same person or e-mail address on the same day after the first Game play received from that person or e-mail address on that day will be void. A day is understood to start at 12:00:00am (ET) and end at 11:59:59pm (ET) the same day, except for the first day of the Promotion Period which begins at 12:00:01am (ET).
There will be a total of two hundred ninety-nine (299) random winning times for the Game during the Promotion Period. Winning times are predetermined under the supervision of D.L. Blair Inc. (the "Administrator") and will be randomly seeded, through computer generated methodology, throughout the Promotion Period. The Entrant who is the first to play at a winning time, as determined by the Administrator in its sole discretion, or the first Entrant to play after a winning time if no one plays at a winning time, as determined and verified by Administrator, will receive an instant win message stating the prize he/she has potentially won ("Winning Message") and will be sent a confirmation e-mail to the e-mail address provided at the time of registration. The confirmation e-mail will include instructions on how to claim the prize (as applicable), subject to verification of eligibility and compliance with the terms of these Official Rules. Administrator is an independent judging organization and its judgments regarding all aspects of these Official Rules, including, without limitation, timekeeping and winners, shall be final and binding. Game plays must be received by 11:59:59pm (ET) on August 18, 2012. Odds of winning a Game prize ("Instant Win Prize") will depend on the number of eligible Game plays received and the time and date when they were received.
- HOW TO ENTER THE SWEEPSTAKES: Entrants of the Game will automatically receive one (1) entry into the Sweepstakes Drawing (defined in Section 7 below) for each eligible Game play. Limit one (1) entry into the Sweepstakes Drawing per person and/or per e-mail address per day for the duration of the Promotion Period. Proof of submission of an entry will not be deemed to be proof of receipt by Sponsor. An Instant Win Prize winner may continue to enter the Game for daily entries into the Sweepstakes, but may not win another Instant Win Prize (see Section 6 below).
- HOW TO ENTER THE SECOND CHANCE DRAWING: Entrants of the Game will automatically receive one (1) entry into the Second Chance Drawing (defined in Section 8 below) for Entrant's first eligible Game play during the Promotion Period. Limit one (1) entry into the Second Chance Drawing per person and/or per e-mail address for the duration of the Promotion Period. Any Entrant(s) who won an Instant Win Prize during the Promotion Period and/or the Sweepstakes Grand Prize are not eligible to participate in the Second Chance Drawing and his/her entry shall be disqualified and removed from the Second Chance Drawing. Proof of submission of an entry will not be deemed to be proof of receipt by Sponsor.
- ELIGIBILITY: The Promotion is open only to legal residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older at time of entry. Winner of the Sweepstakes must have a valid driver's license and provide applicable vehicle insurance in order to be the Sweepstakes Grand Prize Winner. Employees of Ferrero U.S.A., Inc. ("Sponsor"), "), its parent, affiliates, and subsidiaries, its advertising, promotion, and internet agencies, and Facebook, MINI, REI, Apple, Trident, and Otter (collectively, the "Released Parties"), and each of their immediate family members and/or those living in the same household of each are not eligible to enter or win a prize. All federal, state, and local laws and regulations apply. Void where prohibited by law.
- INSTANT WIN GAME PRIZES: See chart below for Instant Win Prize quantity, descriptions, and ARV:
QUANTITY PRIZE DESCRIPTION ARV 91 Daily First Prizes (one per calendar day*) Two Hundred Fifty Dollar ($250.00) REI® gift card $250.00 per prize 182 Daily Second Prizes (two per calendar day*) One (1) month supply of Fruit Adventure flavor Tic Tac® mints, awarded as twenty-four (24) packs $31.00 per prize 13 Weekly First Prizes (one per calendar week*) One (1) iPad® 3 (16G, with WiFi) and one (1) Trident Kraken Series case for iPad® 3 $550.00 per prize 13 Weekly Second Prizes (one per calendar week*) One (1) iPod® touch (32G) and one (1) OtterBox® Reflex Series case for iPod touch $335.00 per prize
*A day is defined as beginning at 12:00:00am (ET) and ending at 11:59:59pm (ET) on each calendar day during the Promotion Period, except for the first day of the Promotion Period which begins at 12:00:01am (ET). A week is defined as beginning at 12:00:00am (ET) on Sunday and ending at 11:59:59pm (ET) on Saturday during each week of the Promotion Period, except for the first week of the Promotion Period which begins at 12:00:01am (ET).
Instant Win Prizes consist of only the items specifically listed as part of the prize. Unless specified herein to the contrary, all Instant Win Prize details are at Sponsor's sole discretion (including, but not limited to, the color of the respective cases for the iPad® 3 and iPod® touch prizes). Gift cards are subject to the terms and conditions of the gift card issuer. Sponsor reserves the right, in its sole discretion, to substitute (i) the flavor of the Tic Tac® mints prizes and (ii) the color of the Trident Kraken Series case and OtterBox® Reflex Series case prizes. Total ARV of all Instant Win Prizes combined is $39,897.00. Limit one (1) Instant Win Prize per household throughout the Promotion Period. Any Instant Win Prize winner continuing to play the Game for Sweepstakes entries is not eligible to win or claim another Instant Win Prize, and any additional Instant Win Prize by that person will be voided. Such voided prize will be entered into the pool of prizes for the Second Chance Drawing, if applicable (see Section 4 above and Section 8 below). In the event that an Instant Win Prize winner receives a winning message for an additional Instant Win Prize, the Instant Win Prize winner shall only be entitled to claim the Instant Win Prize first won and shall not be entitled to choose which Instant Win Prize to claim. Sponsor shall not be responsible for lost or stolen Instant Win Prizes, or any part thereof, or any issues arising out of or in connection with winner's use of an Instant Win Prize, or any part thereof. Entrants who receive a Winning Message will receive confirmation by mail of the prize he/she has won and the address where the prize will be sent (i.e., the street address provided by Entrant/prize winner at the time of registration). Sponsor assumes no responsibility for (a) undeliverable letter resulting from typographical error or change of address of Entrant, or (b) undeliverable prize resulting from typographical error of Entrant in providing his/her address or failing to provide a corrected address when provided with instructions on how to change the street address in confirmatory letter. In the event that any mail notification to a potential winner or prize is returned as undeliverable, the prize may be forfeited. Instant Win Prizes will be delivered in approximately 4-6 weeks after winners have been verified. Any unawarded or unclaimed Daily First Prizes, Weekly First Prizes, and Weekly Second Prizes (collectively, the "Second Chance Prizes") will be made available via the Second Chance Drawing. Alternate winners of Daily Second Prizes (i.e., the Tic Tac® mints prizes) will not be selected. Any unawarded or unclaimed Daily Second Prizes will not be awarded.
- SWEEPSTAKES PRIZE/DRAWING: The Sweepstakes Grand Prize consists of a 2012 MINI Cooper® convertible with standard features plus automatic transmission, leather seats, Sport Seats, and Premium Package (the "Vehicle"), and $1,000 (awarded in the form of a check) to be used towards additional packages, options, and/or features for the Vehicle. ARV of the Sweepstakes Grand Prize is $33,500. Sponsor may choose, in its sole discretion, to offer the cash equivalent of the Vehicle only if there is no authorized MINI Cooper® dealership located within one hundred fifty (150) miles of the Sweepstakes Grand Prize winner's residence. The Sweepstakes Grand Prize consists of only the items specifically listed as part of the Sweepstakes Grand Prize. Unless specified herein to the contrary, all Sweepstakes Grand Prize details (including, but not limited to, the color of the Vehicle) are at Sponsor's sole discretion. Vehicle colors that appear in advertising for the Promotion are for illustrative purposes only to reflect Tic Tac Fruit Adventure mint flavors. Colors and detailing shown in advertising for the Promotion may not be offered by MINI as body color or detailing options for the Vehicle awarded to the Sweepstakes Grand Prize winner. The Authorized MINI Cooper® dealership that will provide, on behalf of Sponsor, the Vehicle to Sweepstakes Grand Prize winner shall be selected by Sponsor, in its sole discretion. Vehicle is subject to the terms and conditions of said dealership. The Sweepstakes Grand Prize winner must take delivery of Vehicle as instructed by Sponsor. Sponsor shall not be responsible for lost or stolen Sweepstakes Grand Prize, or any part thereof (including, without limitation, the Vehicle or a lost or stolen check), or any issues arising out of or in connection with winner's use of the Sweepstakes Grand Prize, or any part thereof. Sweepstakes Grand Prize winner will receive an IRS Form 1099 for the total value of the Sweepstakes Grand Prize.
A random drawing will be conducted on or about August 24, 2012 to select one (1) potential Sweepstakes Grand Prize winner from among all eligible entries received during the Promotion Period (the "Sweepstakes Drawing"). The Sweepstakes Drawing will be conducted by Administrator, whose decisions are final on all matters relating thereto. Odds of winning the Sweepstakes Grand Prize depend upon the number of eligible entries received during the Promotion Period. Potential Sweepstakes Grand Prize winner will be contacted by Sponsor via overnight mail, e-mail, or telephone and will be required to review, sign, and submit an Affidavit of Eligibility, Release of Liability, Prize Acceptance Form and, where applicable and legally permissible, Publicity Release within ten (10) days of attempted delivery of same. If potential Sweepstakes Grand Prize winner is a minor in his/her state of residence, his/her parent/legal guardian must complete the required information in such same time period and accept any prize in his/her name. Non-compliance with the aforementioned time period or if a potential Sweepstakes Grand Prize winner does not meet eligibility requirements may result in disqualification without further notice and an alternate potential winner will be determined.
- SECOND CHANCE DRAWING: If applicable, a random drawing will be conducted on or about August 24, 2012 to select potential winners of Second Chance Prizes from among all eligible entries in this drawing (see Section 4 above) received during the Promotion Period (the "Second Chance Drawing"). The Second Chance Drawing will be conducted by Administrator, whose decisions are final on all matters relating thereto. Odds of winning a Second Chance Prize depend upon the number of eligible entries for the Second Chance Drawing received during the Promotion Period and the number of Second Chance Prizes available. Limit one (1) Second Chance Prize per household. Any Entrant(s) who won an Instant Win Prize during the Promotion Period and/or the Sweepstakes Grand Prize are not eligible to participate in the Second Chance Drawing or win a Second Chance Prize. Potential winners of Second Chance Prizes will be contacted by Sponsor via standard mail with confirmation of the Second Chance Prize that has been won and confirmation of the street address where the Second Chance Prize will be sent. In the event that any mail notification to a potential Second Chance Prize winner or Second Chance Prize is returned as undeliverable, the Second Chance Prize may be forfeited. Alternate winners will not be selected. Any unclaimed Second Chance Prizes will not be awarded. The limitations and restrictions on Instant Win Prizes set forth above in Section 6 are equally applicable to Second Chance Prizes. Second Chance Prizes will be delivered in approximately 4-6 weeks after winners have been verified.
- PRIZE RESTRICTIONS: No prize transfer or cash redemption allowed. No prize substitution, in whole or in part, except by Sponsor who reserves the right to substitute a prize (in whole or in part) of comparable or greater value, at its sole discretion. Any stated difference between the approximate retail value and actual value of prize or any substituted prize will not be awarded. Winners are responsible for any expenses in connection with the prize not expressly described herein as being awarded including, without limitation, all federal, state, or local taxes (if any) on prizes and any additional expenses associated with the acceptance and use of the prize that are not described herein as being awarded including, but not limited to, if the Sweepstakes Grand Prize Winner purchases Vehicle options; aftermarket exterior painting/detailing or installation of equipment; title, dealer, insurance, license, and registration fees; transportation of Vehicle from dealership to winner. All prizes are awarded "as is" with no warranty or guarantee, either express or implied, by Sponsor. Any such warranty and/or guarantee on a prize (if any) are subject to the manufacturer terms therefor, and winner agrees to look solely to such manufacturer for any such warranty or guarantee. In no event will more than the stated number of prizes be awarded.
- CONDITIONS OF PARTICIPATION/GENERAL RULES: By entering, each Entrant (or parent/legal guardian if Entrant is a minor in his/her state of residence) agrees (1) that Sponsor and its designees shall have the right and permission to use in any manner (unless prohibited by law) Entrant's name, voice, city and state of residence, and photographs and/or likeness for advertising and/or trade and/or promotion and/or any other purpose now or hereafter known anywhere in the world in perpetuity without further compensation, permission or notification to Entrant or any third parties, except where prohibited by law; (2) to release the Released Parties from all liability and to indemnify, defend and hold harmless the Released Parties from and against any claim, action, liability, loss, injury or damage to Entrant or any other person or entity, including, without limitation, infringement or violation of third party rights or personal injury or death to Entrant or any other person or damage to personal or real property, due in whole or in part, directly or indirectly, by reason of (a) the acceptance, possession, use or misuse of a prize; (b) participation in or administration of this Promotion; (c) the exploitation of any of the rights granted herein; and (d) any element of this Promotion; (3) to assume all liability for any injury or damage related to (2) (a)-(d); (4) to be bound by the Official Rules and the Administrator's decisions which are final; (5) to waive all rights to claim or collect punitive, incidental, consequential or any other damages; (6) that all causes of action relating to this Promotion will be resolved individually without resort to any form of class action; (7) that any and all claims, judgments, or awards shall be limited to actual out of pocket costs incurred, excluding attorneys' fees; and (8) that New York law shall apply exclusively to the Promotion and that any dispute with respect to the Promotion shall be resolved in either the federal or state courts located in the County of New York, State of New York.
Released Parties are not responsible for (1) for lost, interrupted or unavailable network, server, cable, satellite, Internet Service Provider (ISP) or other connections, miscommunications, computer or telephone transmissions or technical failure, jumbled, scrambled or misdirected transmissions, or other errors or malfunctions of any kind whether computer, software, hardware, network, technical, human, mechanical, electronic, seeding or otherwise relating to or in connection with the Promotion, including, without limitation, errors or malfunctions which may occur in connection with the administration of the Promotion, the processing of Game plays, Sweepstakes and Second Chance Drawing entries, or prize claims, any instant win message or e-mail notification, the announcement of the prizes or in any Promotion-related materials or for any damage to Entrant's or other person's hardware or software as a result of participation; (2) failed, incomplete, undeliverable, garbled, delayed, late, lost, misdirected, stolen, or any combination thereof registrations, Game plays, entries, prize notifications or prize claims; (3) damage to Entrant's or any person's computer or the contents thereof; (4) any condition caused by events that may cause the Promotion to be disrupted or corrupted; or (5) any inability of the winners to accept a prize. Persons found tampering with or abusing any aspect of this Promotion or whose conduct potentially compromised the Promotion or who are in violation of these Official Rules as solely determined by the Administrator will be disqualified and all associated Game plays, Sweepstakes entries, and Second Chance Drawing entries will be void. Every submission must be manually keystroked and manually entered by the Entrant and repetitive automated electronic submission of Game plays is specifically disallowed. Use of automated entry software or programs is prohibited and entry through any such means is void.
If for any reason, including but not limited to an administrative, printing, production, computer or other error or due to technical difficulties or incorrect announcements of any kind, more Winning Messages are distributed or more Instant Win Prizes are claimed than are intended to be distributed/awarded according to these Official Rules, the intended Instant Win Prizes will be awarded in a random drawing from among all verified prize claims received. In no event will Sponsor be obligated to award more than the stated number of Instant Win Prizes. Sponsor reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Promotion if fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs or compromises the administration, security, integrity or fairness of the Promotion (or portions thereof), as determined by Sponsor in its sole discretion, and limit entries to those submitted prior to the action taken, or to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion. In the event the Promotion is cancelled or terminated, notice will be posted online and Sponsor reserves the right, at its discretion, to award prizes in a random drawing from among all eligible non-suspect entries received up to time of such action. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control. Entry information becomes property of Sponsor.
In the event a dispute arises regarding a specific Entrant entitled to receive a prize, an entry made by Internet will be declared made by the "authorized e-mail account holder" associated with the Facebook account in question. "Authorized e-mail account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Entrant may be requested to provide Sponsor with proof that Entrant is the authorized e-mail account holder of the e-mail address associated with the Facebook account in question. Any damage made to any Promotion-related website will be the responsibility of the authorized e-mail account holder of the Facebook account associated with the damage in question. Any entries suspected of being fraudulent (including those using robotic, automatic, programmed, or similar methods of participation) may be disqualified, based on determinations made solely by Sponsor. Sponsor reserves the right to prohibit the participation of an individual if fraud or tampering is suspected or if the individual fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules. If an Entrant submits more than the stated number of entries permitted, and/or if Sponsor suspects that an Entrant attempted to obtain additional entries by using multiple e-mail addresses, user IDs, registrations, identities or any other method, all suspect entries submitted by the Entrant may be declared null and void.
NOTICE TO ENTRANTS: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY PROMOTION-RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS' FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL REPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
- LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES: IN NO EVENT WILL THE RELEASED PARTIES AND/OR THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS AND DIRECTORS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE PROMOTION, YOUR ACCESS TO AND USE OF FACEBOOK.COM, AND/OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE PROMOTION, INCLUDING FACEBOOK.COM. IN NO EVENT SHALL THE RELEASED PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED FIVE DOLLARS ($5.00). WITHOUT LIMITING THE FOREGOING, THIS PROMOTION AND ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND FROM SPONSOR, EITHER EXPRESS 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 EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
- WINNERS LIST: To receive a list of winners, send an e-mail to firstname.lastname@example.org with WINNERS 7111 as the subject line. Requests must be received by 8/18/12. Winners list will be sent after all prizes have been awarded.
- SPONSOR: Ferrero U.S.A., Inc., 600 Cottontail Lane, Somerset, NJ 08873.
Facebook is a registered trademark of Facebook, Inc. MINI Cooper and MINI are registered trademarks of Bayerische Motoren Werke Aktiengesellschaft. REI is a registered trademark of Recreational Equipment, Inc. iPad and iPod are registered trademarks of Apple Inc. Otterbox is a registered trademark of Otter Products, LLC.
For any questions regarding the TIC TAC "SHAKE IT UP? & DRIVE 4 ADVENTURE" INSTANT WIN GAME AND SWEEPSTAKES, Click here to send an email and we will help you. You can expect to receive a response to your e-mail within 2 business days.