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Tic Tac Shake It Up & Refresh Your Life Sweepstakes & Instant Win Prizes *Starts 6/3 *Ends 8/4/13
May 31, 2013 at
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Last Edited by lostit May 31, 2013 at 12:39 PM
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Void in AK, HI and where prohibited. Instant Win Game and Sweepstakes begin on 6/3/13 at 12:00:01am (ET) and end on 8/4/13 at 11:59:59pm (ET). For
complete details, including entry and prizing details, see Official Rules.
Six (6) different getaway prizes will be awarded as Grand Prizes in the Sweepstakes. Images used to depict getaway prizes for this promotion are for
illustrative purposes only and do not reflect actual elements of the getaway prizes awarded. See Official Rules for complete prize descriptions.
Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
1. HOW TO REGISTER FOR THE PROMOTION: The Tic Tac "Shake It Up® & Refresh Your Life" Sweepstakes (the "Sweepstakes") and Instant Win Game (the "Game") (the Sweepstakes and Game are collectively referred to as the "Promotion") shall begin at 12:00:01 am (ET) on June 3, 2013 and end at 11:59:59 pm (ET) on August 4, 2013 (the "Promotion Period"). During the Promotion Period, those who are eligible (each an "Entrant") may visit the Promotion application (the "Application"), accessible through the Application link on the TicTacUSA page on Facebook.com (http://www.facebook.co
All Facebook, Inc. ("Facebook") terms and conditions apply. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Moleskine S.p.A. You understand that you are providing your information to Sponsor and not to Facebook.
2. HOW TO ENTER THE SWEEPSTAKES: After registering for the Promotion continue to enter the Sweepstakes by selecting which one (1) of the six (6) Sweepstakes Grand Prize drawings you would like to submit your entry, then click on the "Select and Enter" button. Limit one (1) entry into the Sweepstakes per person and/or per email address and/or per Facebook User ID per day during the Promotion Period. Proof of submission of an entry will not be deemed proof of receipt by Sponsor. Additional Sweepstakes entries received from the same person or e-mail address or Facebook User ID on the same day after the first Sweepstakes entry received from that person or e-mail address or Facebook User ID on that day will be void. A day is understood to start at 12:00:00 am (ET) and end at 11:59:59 pm (ET) the same day, except for the first day of the Promotion Period which begins at 12:00:01 am (ET).
3. HOW TO PLAY THE GAME: After entering the Sweepstakes, Entrant will be given the option to play the Game. Continue to play the Game by following the prompts and/or directions provided to see if you are an instant winner. Limit one (1) Game play per person and/or per email address and/or per Facebook User ID per day during the Promotion Period. Additional Game plays received from the same person or e-mail address or Facebook User ID on the same day after the first Game play received from that person or e-mail address or Facebook User ID on that day will be void.
There will be a total of four hundred (400) random winning times for the Game during the Promotion Period. Winning times are predetermined under the supervision of Promotions.com, LLC (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"). Potential winner of a Game prize ("Instant Win Prize") is 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 11:59:59 pm (ET) on August 4, 2013. Odds of winning an Instant Win Prize will depend on the number of eligible Game plays received and the time and date when they were received.
4. ELIGIBILITY: The Promotion is open only to legal residents of the forty-eight (48) contiguous United States and the District of Columbia who are eighteen (18) years of age or older at time of entry. Void in Alaska, Hawaii, and where prohibited or restricted by law. Employees of Ferrero U.S.A., Inc. ("Sponsor"), its parent, affiliates, and subsidiaries, its advertising, promotion, and internet agencies, and Promotions.com, LLC, Facebook, and Moleskine S.p.A. (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.
5. SWEEPSTAKES DRAWINGS: A total of six (6) random drawings will be conducted on or about August 9, 2013 to select one (1) potential Sweepstakes Grand Prize winner of each of the Sweepstakes Grand Prizes (individually, a "Sweepstakes Drawing"; collectively, the "Sweepstakes Drawings") from among all eligible entries received during the Promotion Period for each individual Sweepstakes Grand Prize drawing. See Section 6 below for descriptions of each of the six (6) Sweepstakes Grand Prizes. The Sweepstakes Drawings will be conducted by Administrator, whose decisions are final on all matters relating thereto. Odds of winning a Sweepstakes Grand Prize depends upon the number of eligible entries received during the Promotion Period for the drawing to award that particular Sweepstakes Grand Prize. Potential Sweepstakes Grand Prize winners 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 any 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.
6. PRIZES:
SWEEPSTAKES GRAND PRIZES: See chart below for each of the six (6) Sweepstakes Grand Prize quantities, descriptions, and Approximate Retail Values ("ARV"):
Quantity
Prize Description
ARV
One (1) Prize
Getaway #1: Colorado White-Water Rafting Trip for two (2) (winner and guest) consisting of the following: round-trip air travel to Colorado Springs, CO*; 4 days/3 nights hotel accommodations**; activities/excursions for two (2) (winner and guest): one (1) white water rafting excursion, one (1) zip line excursion, one (1) hot air balloon ride and one (1) gold mine tour; round-trip ground transfers between airport and hotel and between hotel and excursions/activities; and $500 in spending money for the winner only****.
$6,060.00***
One (1) Prize
Getaway #2: Catalina Island Private Yacht Trip for two (2) (winner and guest) consisting of the following: round-trip air travel to Long Beach, CA*; 4 days/3 nights hotel/villa accommodations**; activities/excursions for two (2) (winner and guest): one (1) two hour boat and snorkeling trip and twenty-four (24) hour yacht rental including crew and fuel; round-trip ground transfers between airport and hotel and between hotel and yacht; and $500 in spending money for the winner only****.
$8,360.00***
One (1) Prize
Getaway #3: Ultimate Road Trip to L.A. for two (2) (winner and guest) consisting of the following: air travel to Phoenix, AZ and home from Los Angeles, CA*; 4 days/3 nights hotel accommodations**; activities/excursions for two (2) (winner and guest): three (3) days chauffeured limousine service (total driving/wait time of 10 hours/day), one (1) Yellowstone National Park evening wildlife safari , two (2) tickets to the Four Corners Monument, one (1) indoor skydiving experience and one (1) Grand Canyon tour; and $500 in spending money for the winner only****.
$10,660.00***
One (1) Prize
Getaway #4: Tropical Island Trip for two (2) (winner and guest) to Oahu, HI consisting of the following: round-trip air travel to Oahu, HI*; 6 days/5 nights hotel accommodations**; activities/excursions for two (2) (winner and guest) including: one (1) island adventure, (1) dolphin and snorkel adventure, one (1) waterfall tour, one (1) crater tour, and one (1) shark encounter; round-trip ground transfers between airport and hotel and between hotel and activities; and $500 in spending money for the winner only****.
$7,060.00***
One (1) Prize
Getaway #5: Aspen Ski Adventure Trip for two (2) (winner and guest) consisting of the following: round-trip air travel to Denver, CO*; 5 days/4 nights hotel accommodations**; activities/excursions for two (2) (winner and guest): ski lift passes for three (3) days; ski equipment rental for three (3) days; one (1) dogsled ride; round-trip ground transfers between airport and hotel and between hotel and dogsled ride; and $500 in spending money for the winner only****.
$8,000.00***
One (1) Prize
Getaway #6: New York City Celebrity Experience for two (2) (winner and guest) consisting of the following: round-trip air travel to New York, New York*; 4 days/3 nights hotel accommodations**; activities/excursions for two (2) (winner and guest): one (1) private helicopter tour of New York City, one (1) personal training session with a New York City-based celebrity trainer, and one (1) dinner at a top restaurant; and $500 in spending money for the winner only****.
$6,800.00***
* All air travel is round-trip, coach class air transportation to/from a major U.S. gateway airport nearest winner's residence (as determined by Sponsor, in its sole discretion) to/from the destination city noted, unless otherwise specified in these Official Rules. If winner resides within a 100-mile radius of destination, ground transportation may be provided in lieu of air transportation, at Sponsor's sole discretion, and no compensation or substitution will be provided for difference in prize value.
** Hotel is standard hotel accommodations (i.e., one room, double occupancy), unless otherwise specified in these Official Rules.
*** Actual value may vary based on, without limitation, fare/rate fluctuations, point of departure, and departure/return dates of trip.
**** Awarded in the form of a check.
Sweepstakes Grand Prizes consist of only the items specifically listed as part of the prize. Winners (and, with respect to the Sweepstakes Grand Prizes, their guests) are solely responsible for any costs and expenses in connection with the prize not expressly described herein as being awarded including, without limitation, any additional costs and expenses associated with the acceptance and use of the prize that are not described herein as being awarded (including, but not limited to, transportation, travel or other insurance, baggage fees, meals, room service charges, any additional costs charged to the hotel room, souvenirs, personal charges, tips, gratuities, and other incidental expenses. Unless otherwise specified herein to the contrary, all elements of the Sweepstakes Grand Prize are at Sponsor's sole discretion (including, but not limited to, air carriers, ground transportation, hotels, and excursion/activity providers). Images used to depict Sweepstakes Grand Prizes in advertising are for illustrative purpose only and do not reflect actual elements of the Sweepstakes Grand Prizes. All tickets/reservations related to air/ground travel, hotel accommodations, and excursions/activities are subject to certain terms and conditions as specified by issuer. Certain blackout dates and restrictions may apply. Winners may choose their travel dates; however, all dates must be approved by Sponsor (in its sole discretion). Travel is subject to availability, blackout dates and restrictions and all travel must be completed by August 4, 2014 or prize will be forfeited and Sponsor will have no further obligation to such winner. Notwithstanding the previous sentence, Sponsor can only ensure possible availability of activities/excursions if winner of Sweepstakes Grand Prize - Getaway #5 (i.e., Aspen Ski Adventure Trip) travels during the Aspen, CO ski season (i.e., between December, 2013 and April, 2014) ("Ski Season"). Should the winner of Sweepstakes Grand Prize - Getaway #5 elect to travel to Aspen, CO outside of Ski Season, Sponsor shall have no obligation to provide substitute activities/excursions or the value of such activities/excursions and therefore, winner thereby forfeits those elements of the Sweepstakes Grand Prize. No travel extensions will be permitted. Each winner and his/her guest must travel together on the same itinerary. If a potential Sweepstakes Grand Prize winner is under the age of majority in his/her state of residence, the potential prize winner's parent or legal guardian will be required to be the potential prize winner's guest. Potential Sweepstakes Grand Prize winner's guest must be of legal age of majority in his/her state of residence (and at least 18 years old as of date of departure), unless the guest is the child or legal ward of potential winner. Potential Sweepstakes Grand Prize winner's guest must sign an Affidavit of Eligibility, Release of Liability, and, where applicable and legally permissible, Publicity Release prior to issuance of travel documents. If guest is child or legal ward of potential winner, potential winner must sign and return all required documents on behalf of such child or legal ward. Failure of guest (or potential prize winner if guest is potential prize winner's child or legal ward) to return all required documents will result in the potential winner being disqualified. All travel arrangements, including without limitation, reservations for the excursions/activities, must be made through Sponsor's agent, and air carriers, hotels and excursion/activity providers will be selected by Sponsor in its sole discretion. Potential prize winner and his/her guest must have all necessary identification and/or travel documents (e.g., valid U.S. Driver's License) required for travel within the U.S. Unused travel and/or excursions/activities will be forfeited. Winner or his/her guest may be required to provide hotel with a major credit card issued in one of their names to cover room security and incidental expenses. Any excursions/activities are subject to availability, and may be modified or eliminated at Sponsor's sole discretion. Released Parties are not responsible for flight delays and/or cancellations resulting in a winner and his/her guest not being able to use or reschedule hotel or other reservations/accommodations and/or an excursion/activity, and no substitution or compensation will be awarded. Sponsor shall not be responsible for lost or stolen Sweepstakes Grand Prize, or any part thereof (including, without limitation, airline and/or excursion/activity tickets or a lost or stolen check), or any issues arising out of or in connection with winner's use of a Sweepstakes Grand Prize, or any part thereof. Sweepstakes Grand Prize winners will receive an IRS Form 1099 for the total value of the Sweepstakes Grand Prize won. Total ARV of all Sweepstakes Grand Prizes combined is $46,940.00. Limit one (1) Sweepstakes Grand Prize per person/per household.
INSTANT WIN GAME PRIZES: See chart below for Instant Win Prize quantity, descriptions, and Approximate Retail Value ("ARV"):
Quantity
Prize Description
ARV
100 Prizes
One (1) month supply of Fruit Adventure Tic Tac® mints (awarded as twenty-four (24) packs).
$31.00 per prize
35 Prizes
Yoga DVD and mat
$30.00 per prize
50 Prizes
Guide (i.e., How-to) book on digital photography
$15.00 per prize
40 Prizes
Cookbook
$15.00 per prize
75 Prizes
Moleskine® journal
$12.00 per prize
100 Prizes
Tic Tac® t-shirt (size: adult large only)
$10.00 per prize
Instant Win Prizes consist of only the items specifically listed as part of the prize. Winners are solely responsible for any costs and expenses in connection with the prize not expressly described herein as being awarded including, without limitation, any additional costs and expenses associated with the acceptance and use of the prize that are not described herein as being awarded (including, but not limited to, the DVD player to watch the yoga DVD prize). Unless specified herein to the contrary, all Instant Win Prize details are at Sponsor's sole discretion (including, without limitation, specific yoga DVD and mat (brand, size, color, and style) awarded; specific digital photography book awarded; specific cookbook awarded; size, color, and style of journal awarded; and size, color, and style of t-shirt awarded). Sponsor reserves the right, in its sole discretion, to substitute the flavor of the Tic Tac® mints prizes. Total ARV of all Instant Win Prizes combined is $7,400.00. Limit one (1) Instant Win Prize per person throughout the Promotion Period. Any Instant Win Prize winner may continue to enter the Sweepstakes on a daily basis (subject to these Official Rules), but may not continue to play the Game. An Instant Win Prize winner is not eligible to win or claim a subsequent Instant Win Prize, and any additional Instant Win Prize won by such person will be voided and forfeited. 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. Instant Win Prize will be mailed to Entrant/winner at the mailing address provided by Entrant/winner at the time of registration within 4 - 6 weeks after the end of the Promotion Period. Sponsor assumes no responsibility for an undeliverable prize resulting from a typographical error or change of address of Entrant. In the event that any prize is returned as undeliverable, the prize will be forfeited. Any unawarded, unclaimed, voided or forfeited Instant Win Prizes will not be awarded.
7. ADDITIONAL 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 solely responsible for any costs and 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 costs and expenses associated with the acceptance and use of the prize that are not described herein as being awarded. 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 therefore, 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.
8. 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 (including, without limitation, guests of Sweepstakes Grand Prize winners) or entity, including, without limitation, infringement or violation of third party rights or personal injury or death to Entrant or any other person (including, without limitation, guests of Sweepstakes Grand Prize winners) 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) 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 entries, or prize claims, any instant win message, 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 and Sweepstakes entries will be void. Every submission must be manually keystroked and manually entered by the Entrant and repetitive, automated electronic submission of Sweepstakes entries or 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.
9. 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.
10. USE OF DATA: Sponsor will be collecting personal data about Entrants online, in accordance with its Privacy Policy. Please review Sponsor's Privacy Policy at www.tictacusa.c
11. WINNERS LIST: To receive a list of Grand Prize winners, send a self-addressed, stamped (#10) envelope to: Tic Tac "Shake It Up® & Refresh Your Life" Sweepstakes and Instant Win Game - Winners List, P.O. Box 329, Elmhurst, IL 60126. Winners list will be sent after all prizes have been awarded. Requests received after August 30, 2013 will not be honored.
12. SPONSOR: Ferrero U.S.A., Inc., 600 Cottontail Lane, Somerset, NJ 08873.
13. ADMINISTRATOR: Promotions.com, 18 West 21st Street, 7th Floor, New York, NY 10010. This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. As such, please direct any questions, comments or complaints regarding the Promotion to the Administrator.
Facebook is a registered trademark of Facebook, Inc. Moleskine is a registered trademark of Moleskine S.R.L.
Void in AK, HI and where prohibited. Instant Win Game and Sweepstakes begin on 6/3/13 at 12:00:01am (ET) and end on 8/4/13 at 11:59:59pm (ET). For
complete details, including entry and prizing details, see Official Rules.
Six (6) different getaway prizes will be awarded as Grand Prizes in the Sweepstakes. Images used to depict getaway prizes for this promotion are for
illustrative purposes only and do not reflect actual elements of the getaway prizes awarded. See Official Rules for complete prize descriptions.
Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
1. HOW TO REGISTER FOR THE PROMOTION: The Tic Tac "Shake It Up® & Refresh Your Life" Sweepstakes (the "Sweepstakes") and Instant Win Game (the "Game") (the Sweepstakes and Game are collectively referred to as the "Promotion") shall begin at 12:00:01 am (ET) on June 3, 2013 and end at 11:59:59 pm (ET) on August 4, 2013 (the "Promotion Period"). During the Promotion Period, those who are eligible (each an "Entrant") may visit the Promotion application (the "Application"), accessible through the Application link on the TicTacUSA page on Facebook.com (http://www.facebook.co
All Facebook, Inc. ("Facebook") terms and conditions apply. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Moleskine S.p.A. You understand that you are providing your information to Sponsor and not to Facebook.
2. HOW TO ENTER THE SWEEPSTAKES: After registering for the Promotion continue to enter the Sweepstakes by selecting which one (1) of the six (6) Sweepstakes Grand Prize drawings you would like to submit your entry, then click on the "Select and Enter" button. Limit one (1) entry into the Sweepstakes per person and/or per email address and/or per Facebook User ID per day during the Promotion Period. Proof of submission of an entry will not be deemed proof of receipt by Sponsor. Additional Sweepstakes entries received from the same person or e-mail address or Facebook User ID on the same day after the first Sweepstakes entry received from that person or e-mail address or Facebook User ID on that day will be void. A day is understood to start at 12:00:00 am (ET) and end at 11:59:59 pm (ET) the same day, except for the first day of the Promotion Period which begins at 12:00:01 am (ET).
3. HOW TO PLAY THE GAME: After entering the Sweepstakes, Entrant will be given the option to play the Game. Continue to play the Game by following the prompts and/or directions provided to see if you are an instant winner. Limit one (1) Game play per person and/or per email address and/or per Facebook User ID per day during the Promotion Period. Additional Game plays received from the same person or e-mail address or Facebook User ID on the same day after the first Game play received from that person or e-mail address or Facebook User ID on that day will be void.
There will be a total of four hundred (400) random winning times for the Game during the Promotion Period. Winning times are predetermined under the supervision of Promotions.com, LLC (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"). Potential winner of a Game prize ("Instant Win Prize") is 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 11:59:59 pm (ET) on August 4, 2013. Odds of winning an Instant Win Prize will depend on the number of eligible Game plays received and the time and date when they were received.
4. ELIGIBILITY: The Promotion is open only to legal residents of the forty-eight (48) contiguous United States and the District of Columbia who are eighteen (18) years of age or older at time of entry. Void in Alaska, Hawaii, and where prohibited or restricted by law. Employees of Ferrero U.S.A., Inc. ("Sponsor"), its parent, affiliates, and subsidiaries, its advertising, promotion, and internet agencies, and Promotions.com, LLC, Facebook, and Moleskine S.p.A. (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.
5. SWEEPSTAKES DRAWINGS: A total of six (6) random drawings will be conducted on or about August 9, 2013 to select one (1) potential Sweepstakes Grand Prize winner of each of the Sweepstakes Grand Prizes (individually, a "Sweepstakes Drawing"; collectively, the "Sweepstakes Drawings") from among all eligible entries received during the Promotion Period for each individual Sweepstakes Grand Prize drawing. See Section 6 below for descriptions of each of the six (6) Sweepstakes Grand Prizes. The Sweepstakes Drawings will be conducted by Administrator, whose decisions are final on all matters relating thereto. Odds of winning a Sweepstakes Grand Prize depends upon the number of eligible entries received during the Promotion Period for the drawing to award that particular Sweepstakes Grand Prize. Potential Sweepstakes Grand Prize winners 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 any 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.
6. PRIZES:
SWEEPSTAKES GRAND PRIZES: See chart below for each of the six (6) Sweepstakes Grand Prize quantities, descriptions, and Approximate Retail Values ("ARV"):
Quantity
Prize Description
ARV
One (1) Prize
Getaway #1: Colorado White-Water Rafting Trip for two (2) (winner and guest) consisting of the following: round-trip air travel to Colorado Springs, CO*; 4 days/3 nights hotel accommodations**; activities/excursions for two (2) (winner and guest): one (1) white water rafting excursion, one (1) zip line excursion, one (1) hot air balloon ride and one (1) gold mine tour; round-trip ground transfers between airport and hotel and between hotel and excursions/activities; and $500 in spending money for the winner only****.
$6,060.00***
One (1) Prize
Getaway #2: Catalina Island Private Yacht Trip for two (2) (winner and guest) consisting of the following: round-trip air travel to Long Beach, CA*; 4 days/3 nights hotel/villa accommodations**; activities/excursions for two (2) (winner and guest): one (1) two hour boat and snorkeling trip and twenty-four (24) hour yacht rental including crew and fuel; round-trip ground transfers between airport and hotel and between hotel and yacht; and $500 in spending money for the winner only****.
$8,360.00***
One (1) Prize
Getaway #3: Ultimate Road Trip to L.A. for two (2) (winner and guest) consisting of the following: air travel to Phoenix, AZ and home from Los Angeles, CA*; 4 days/3 nights hotel accommodations**; activities/excursions for two (2) (winner and guest): three (3) days chauffeured limousine service (total driving/wait time of 10 hours/day), one (1) Yellowstone National Park evening wildlife safari , two (2) tickets to the Four Corners Monument, one (1) indoor skydiving experience and one (1) Grand Canyon tour; and $500 in spending money for the winner only****.
$10,660.00***
One (1) Prize
Getaway #4: Tropical Island Trip for two (2) (winner and guest) to Oahu, HI consisting of the following: round-trip air travel to Oahu, HI*; 6 days/5 nights hotel accommodations**; activities/excursions for two (2) (winner and guest) including: one (1) island adventure, (1) dolphin and snorkel adventure, one (1) waterfall tour, one (1) crater tour, and one (1) shark encounter; round-trip ground transfers between airport and hotel and between hotel and activities; and $500 in spending money for the winner only****.
$7,060.00***
One (1) Prize
Getaway #5: Aspen Ski Adventure Trip for two (2) (winner and guest) consisting of the following: round-trip air travel to Denver, CO*; 5 days/4 nights hotel accommodations**; activities/excursions for two (2) (winner and guest): ski lift passes for three (3) days; ski equipment rental for three (3) days; one (1) dogsled ride; round-trip ground transfers between airport and hotel and between hotel and dogsled ride; and $500 in spending money for the winner only****.
$8,000.00***
One (1) Prize
Getaway #6: New York City Celebrity Experience for two (2) (winner and guest) consisting of the following: round-trip air travel to New York, New York*; 4 days/3 nights hotel accommodations**; activities/excursions for two (2) (winner and guest): one (1) private helicopter tour of New York City, one (1) personal training session with a New York City-based celebrity trainer, and one (1) dinner at a top restaurant; and $500 in spending money for the winner only****.
$6,800.00***
* All air travel is round-trip, coach class air transportation to/from a major U.S. gateway airport nearest winner's residence (as determined by Sponsor, in its sole discretion) to/from the destination city noted, unless otherwise specified in these Official Rules. If winner resides within a 100-mile radius of destination, ground transportation may be provided in lieu of air transportation, at Sponsor's sole discretion, and no compensation or substitution will be provided for difference in prize value.
** Hotel is standard hotel accommodations (i.e., one room, double occupancy), unless otherwise specified in these Official Rules.
*** Actual value may vary based on, without limitation, fare/rate fluctuations, point of departure, and departure/return dates of trip.
**** Awarded in the form of a check.
Sweepstakes Grand Prizes consist of only the items specifically listed as part of the prize. Winners (and, with respect to the Sweepstakes Grand Prizes, their guests) are solely responsible for any costs and expenses in connection with the prize not expressly described herein as being awarded including, without limitation, any additional costs and expenses associated with the acceptance and use of the prize that are not described herein as being awarded (including, but not limited to, transportation, travel or other insurance, baggage fees, meals, room service charges, any additional costs charged to the hotel room, souvenirs, personal charges, tips, gratuities, and other incidental expenses. Unless otherwise specified herein to the contrary, all elements of the Sweepstakes Grand Prize are at Sponsor's sole discretion (including, but not limited to, air carriers, ground transportation, hotels, and excursion/activity providers). Images used to depict Sweepstakes Grand Prizes in advertising are for illustrative purpose only and do not reflect actual elements of the Sweepstakes Grand Prizes. All tickets/reservations related to air/ground travel, hotel accommodations, and excursions/activities are subject to certain terms and conditions as specified by issuer. Certain blackout dates and restrictions may apply. Winners may choose their travel dates; however, all dates must be approved by Sponsor (in its sole discretion). Travel is subject to availability, blackout dates and restrictions and all travel must be completed by August 4, 2014 or prize will be forfeited and Sponsor will have no further obligation to such winner. Notwithstanding the previous sentence, Sponsor can only ensure possible availability of activities/excursions if winner of Sweepstakes Grand Prize - Getaway #5 (i.e., Aspen Ski Adventure Trip) travels during the Aspen, CO ski season (i.e., between December, 2013 and April, 2014) ("Ski Season"). Should the winner of Sweepstakes Grand Prize - Getaway #5 elect to travel to Aspen, CO outside of Ski Season, Sponsor shall have no obligation to provide substitute activities/excursions or the value of such activities/excursions and therefore, winner thereby forfeits those elements of the Sweepstakes Grand Prize. No travel extensions will be permitted. Each winner and his/her guest must travel together on the same itinerary. If a potential Sweepstakes Grand Prize winner is under the age of majority in his/her state of residence, the potential prize winner's parent or legal guardian will be required to be the potential prize winner's guest. Potential Sweepstakes Grand Prize winner's guest must be of legal age of majority in his/her state of residence (and at least 18 years old as of date of departure), unless the guest is the child or legal ward of potential winner. Potential Sweepstakes Grand Prize winner's guest must sign an Affidavit of Eligibility, Release of Liability, and, where applicable and legally permissible, Publicity Release prior to issuance of travel documents. If guest is child or legal ward of potential winner, potential winner must sign and return all required documents on behalf of such child or legal ward. Failure of guest (or potential prize winner if guest is potential prize winner's child or legal ward) to return all required documents will result in the potential winner being disqualified. All travel arrangements, including without limitation, reservations for the excursions/activities, must be made through Sponsor's agent, and air carriers, hotels and excursion/activity providers will be selected by Sponsor in its sole discretion. Potential prize winner and his/her guest must have all necessary identification and/or travel documents (e.g., valid U.S. Driver's License) required for travel within the U.S. Unused travel and/or excursions/activities will be forfeited. Winner or his/her guest may be required to provide hotel with a major credit card issued in one of their names to cover room security and incidental expenses. Any excursions/activities are subject to availability, and may be modified or eliminated at Sponsor's sole discretion. Released Parties are not responsible for flight delays and/or cancellations resulting in a winner and his/her guest not being able to use or reschedule hotel or other reservations/accommodations and/or an excursion/activity, and no substitution or compensation will be awarded. Sponsor shall not be responsible for lost or stolen Sweepstakes Grand Prize, or any part thereof (including, without limitation, airline and/or excursion/activity tickets or a lost or stolen check), or any issues arising out of or in connection with winner's use of a Sweepstakes Grand Prize, or any part thereof. Sweepstakes Grand Prize winners will receive an IRS Form 1099 for the total value of the Sweepstakes Grand Prize won. Total ARV of all Sweepstakes Grand Prizes combined is $46,940.00. Limit one (1) Sweepstakes Grand Prize per person/per household.
INSTANT WIN GAME PRIZES: See chart below for Instant Win Prize quantity, descriptions, and Approximate Retail Value ("ARV"):
Quantity
Prize Description
ARV
100 Prizes
One (1) month supply of Fruit Adventure Tic Tac® mints (awarded as twenty-four (24) packs).
$31.00 per prize
35 Prizes
Yoga DVD and mat
$30.00 per prize
50 Prizes
Guide (i.e., How-to) book on digital photography
$15.00 per prize
40 Prizes
Cookbook
$15.00 per prize
75 Prizes
Moleskine® journal
$12.00 per prize
100 Prizes
Tic Tac® t-shirt (size: adult large only)
$10.00 per prize
Instant Win Prizes consist of only the items specifically listed as part of the prize. Winners are solely responsible for any costs and expenses in connection with the prize not expressly described herein as being awarded including, without limitation, any additional costs and expenses associated with the acceptance and use of the prize that are not described herein as being awarded (including, but not limited to, the DVD player to watch the yoga DVD prize). Unless specified herein to the contrary, all Instant Win Prize details are at Sponsor's sole discretion (including, without limitation, specific yoga DVD and mat (brand, size, color, and style) awarded; specific digital photography book awarded; specific cookbook awarded; size, color, and style of journal awarded; and size, color, and style of t-shirt awarded). Sponsor reserves the right, in its sole discretion, to substitute the flavor of the Tic Tac® mints prizes. Total ARV of all Instant Win Prizes combined is $7,400.00. Limit one (1) Instant Win Prize per person throughout the Promotion Period. Any Instant Win Prize winner may continue to enter the Sweepstakes on a daily basis (subject to these Official Rules), but may not continue to play the Game. An Instant Win Prize winner is not eligible to win or claim a subsequent Instant Win Prize, and any additional Instant Win Prize won by such person will be voided and forfeited. 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. Instant Win Prize will be mailed to Entrant/winner at the mailing address provided by Entrant/winner at the time of registration within 4 - 6 weeks after the end of the Promotion Period. Sponsor assumes no responsibility for an undeliverable prize resulting from a typographical error or change of address of Entrant. In the event that any prize is returned as undeliverable, the prize will be forfeited. Any unawarded, unclaimed, voided or forfeited Instant Win Prizes will not be awarded.
7. ADDITIONAL 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 solely responsible for any costs and 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 costs and expenses associated with the acceptance and use of the prize that are not described herein as being awarded. 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 therefore, 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.
8. 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 (including, without limitation, guests of Sweepstakes Grand Prize winners) or entity, including, without limitation, infringement or violation of third party rights or personal injury or death to Entrant or any other person (including, without limitation, guests of Sweepstakes Grand Prize winners) 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) 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 entries, or prize claims, any instant win message, 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 and Sweepstakes entries will be void. Every submission must be manually keystroked and manually entered by the Entrant and repetitive, automated electronic submission of Sweepstakes entries or 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.
9. 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.
10. USE OF DATA: Sponsor will be collecting personal data about Entrants online, in accordance with its Privacy Policy. Please review Sponsor's Privacy Policy at www.tictacusa.c
11. WINNERS LIST: To receive a list of Grand Prize winners, send a self-addressed, stamped (#10) envelope to: Tic Tac "Shake It Up® & Refresh Your Life" Sweepstakes and Instant Win Game - Winners List, P.O. Box 329, Elmhurst, IL 60126. Winners list will be sent after all prizes have been awarded. Requests received after August 30, 2013 will not be honored.
12. SPONSOR: Ferrero U.S.A., Inc., 600 Cottontail Lane, Somerset, NJ 08873.
13. ADMINISTRATOR: Promotions.com, 18 West 21st Street, 7th Floor, New York, NY 10010. This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. As such, please direct any questions, comments or complaints regarding the Promotion to the Administrator.
Facebook is a registered trademark of Facebook, Inc. Moleskine is a registered trademark of Moleskine S.R.L.
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