American Humane Association
NO PURCHASE OR CELL PHONE NECESSARY TO PARTICIPATE. PURCHASE OR CELL PHONE DOES NOT INCREASE CHANCE OF WINNING. VOID WHERE PROHIBITED.
The Springer Mountain Farms Fortwo Sweepstakes (the "Sweepstakes") is open only to legal residents of MA, PA, NY, NH, VT, MD, WV, CT, TN, KY, VA, NC, SC, GA, FL, AL, RI, OH, DE and MI who are 18 years of age or older, who have a valid US drivers license, and is the "Authorized Account Holder" of a cellular phone number, specifically, the natural person to whom the cell phone number is assigned by the cellular wireless phone service provider, by 5/16/09 at 12:01 a.m. Pacific Time. . Employees, officers and directors of Springer Mountain Farms, Inc. ("Sponsor"), Carolina Manufacturers Services (CMS) those responsible for the development, promotion, distribution and implementation of this Promotion, their respective parents, affiliates, subsidiaries, advertising and promotion agencies, web masters, and printing suppliers for this Promotion, and the immediate family members (parents, siblings, children and spouse), regardless of where they live, or persons living in the same household, whether related or not, of such employees, officers and directors are ineligible. By participating you agree (and if you are a minor your parent/legal guardian agrees) to these Official Rules which will be posted at www.springermountainfarms.com ("Web site") throughout the Promotional Period stated in Rule 2 and the decisions of CMS, the Sweepstakes Administrator, and/or Sponsor which are final and binding in all respects. Void where prohibited.
- PROMOTIONAL PERIOD
Promotional period begins on 5/17/09 at 12:01 a.m. Pacific Time ("PT"), and ends on 9/12/09 at 11:59:59 p.m. (PT) ("Promotional Period").
There are three ways to enter - Scanning a barcode, Text Message and Via the Internet Entry:
- Barcode Method: Enter by scanning/taking photo with mobile handset of the 2D barcode to visit mobile web site, follow 'Sweepstakes' links. Once directed to mobile sweepstakes site, complete the registration form by filling displayed fields.
While 2D codes are designed to work with most handsets, Sponsor cannot guarantee any particular wireless service or application will be compatible with this Sweepstakes or the Plan. To participate using 2D codes, your mobile phone must be capable of reading 2D barcodes. Wireless service providers may charge a fee under their cellular service contract or service provider agreement for each 2D code that is scanned in connection with the Sweepstakes or the Plan. You may incur data charges in connection with attempted entries, messages and corresponding error messages even if their attempted entry or message does not go through. Participants are solely responsible for all fees incurred through their wireless phone service, for text messages or otherwise, associated with participation in this Sweepstakes or the Plan.
- (a) Text Message: Text fortwo, springer, springer1, springer2, springer3, springer4, gameday, ballgame, smf, farms and any other keyword deemed by the sponsor to 87415 and we'll return a mobile web link to your phone. Follow the link with your phone, then proceed as in (a) above.
While text message participation is designed to work with most major wireless carriers, Sponsor cannot guarantee any particular wireless service will be compatible with this Sweepstakes or the Plan. To participate using text messaging, your mobile phone must be capable of sending and receiving text messages. Wireless service providers may charge a fee under their cellular service contract or service provider agreement for each text message sent and received in connection with the Sweepstakes or the Plan. You may incur text-messaging charges in connection with attempted entries, messages and corresponding error messages even if their attempted entry or message does not go through. Participants are solely responsible for all fees incurred through their wireless phone service, for text messages or otherwise, associated with participation in this Sweepstakes or the Plan.
- (b) By Internet Entry: Access the Springer Mountain Farms Website (the "Website") at www.springermountainfarms.com. Follow 'enter sweepstakes' links to entry form. Complete the sweepstakes registration form by completing the required fields.
Limit one (1) entry per person per day; all entries from one user in excess of one will be disregarded. Multiple entries in any day will not increase your chances, regardless of method of entry.
Potential winners will be selected by random drawing from all eligible entries received on or about 9/18/09. All eligible for entry must be received and recorded by the Promotion computer by 11:59:59 p.m. PT on the last day of the Promotion. Potential winners will be notified by the method of entry: phone or email within approximately five (5) business days of the drawing. Drawings will be conducted under the supervision of CMS, an independent judging organization, whose decisions on all matters related to these Official Rules shall be final. No assignment, transfer or substitution of any prize is permitted, but Sponsor reserves the right to substitute any prize with one of equal or greater value should a prize become unavailable. If a potential winner is a minor in his/her jurisdiction of residence, prize may be awarded in the name of, or to, winner's parent/legal guardian who must execute all documents and agree to all obligations and undertakings of winner, both on behalf of himself/herself and winner, or prize may be forfeited and awarded to an alternate winner.
(1) Grand Prizes: A Springer Mountain Farms Smart Car Fortwo Model with permanent decorative Springer Mountain Farms logos (ARV $13,235). (5) Second Prizes: $250 Shell Gas Cards. (ARV $250) Odds depend on the number of eligible entries received for the promotion. All taxes for prize are the sole responsibility of winner. If a potential winner cannot accept the prize as stated, the prize may be forfeited in its entirety and awarded to an alternate winner.
Vehicle will be delivered with standard equipment for make and model; all upgrades and options are at the sole cost of winner. Winner will not have choice of color. Title, taxes, registration, license, and similar fees, and insurance, and all costs of operating and enjoying prize are at the sole cost and expense of winner. Winner will be required to show proof of currently valid driver's license and insurance prior to taking delivery. If the winner is an unlicensed minor, the vehicle may be awarded in the name of, or to, that minor's parent/legal guardian, provided, the parent/legal guardian shows proof of a current driver's license and insurance and otherwise complies with these Official Rules. Vehicle will be delivered solely with less than the express limited warranties set forth in the vehicle's Owner's Guide, which warranties shall run for less than the term set forth in the said Guide. Winner bears all risk of loss/damage to vehicle after delivery. Sponsor in its sole discretion may elect to substitute a 2008 or 2009 automobile of the same or like model and style in the event of scarcity due to limited production or unavailability for any other reason. Springer Mountain Farms will deliver the car to the winner at an authorized Springer Mountain Farms retail (supermarket) location to be determined at the sponsor's sole discretion within reasonable distance to the winner's residence. If winner does not pick up prize within 3 days of delivery notice prize will be forfeited and awarded to an alternate winner.
- GENERAL CONDITIONS
Potential winner, or potential winners' parent/legal guardian if potential winner is a minor, may be required to complete, execute and return an Affidavit of Eligibility , a Liability Release and, where lawful a Publicity Release within seven (7) days of notification. Failure to return documents timely, or if prize notification or prize is returned as non-deliverable, or if winner is found to be ineligible, or not in compliance with these Official Rules, disqualification will result and an alternate winner selected. Each winner (and winner's parent/legal guardian if winner is a minor), grant to Sponsor, (and agree to confirm that grant in writing) and those acting pursuant to Sponsor's authority, the right to print, publish, broadcast and use, worldwide in any media now known or hereafter developed, including but not limited to the World Wide Web, at any time or times, the winner's name, portrait, picture, voice, likeness and biographical information for advertising, trade and promotional purposes without additional consideration (unless prohibited by law) and without notification, approval or review. By participating, participants (and participants parent/legal guardian if participant is a minor), release and agree to hold harmless Sponsor, CMS, their respective parents, affiliates, subsidiaries, advertising and promotion agencies and all of their respective directors, officers, employees, representatives and agents (individually and collectively "Releasees") from any and all liability for any injuries, loss or damage (whether due to negligence or otherwise) of any kind to person(s), including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a prize, participation in any Sweepstakes related activity, or participation in this Sweepstakes.
Sponsor and CMS reserve the right, at their sole discretion, to disqualify any individual found, in their sole discretion, to be tampering with the entry process or the operation of the Sweepstakes or Web site; to be in violation of the Terms of Service of the Web site, to be acting in violation of the Official Rules; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, automatic, macro, programmed, third party or like entry methods will void all such entries by such methods, and any participant using any such method will be disqualified. In the event of a dispute as to the identity of an entrant entering via the methods set forth above, the authorized account holder of the cellular phone number at time of entry used to enter will be deemed to be the entrant. "Authorized Account Holder" of a cellular phone will be deemed to be the natural person to whom the cell phone number is assigned by the cellular wireless phone service provider. Sponsor will seek to have any fraudulent activities prosecuted to the full extent of the law.
- LIMITATIONS OF LIABILITY
Releasees are not responsible for any incorrect or inaccurate information, whether caused by Web site users, cell phone users, or tampering or hacking, or by any of the equipment or programming associated with or utilized in the Sweepstakes and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Web site or cell phone. Releasees are not responsible for injury or damage to participants' or to any other person's computer or cell phone related to or resulting from participating in this Sweepstakes or downloading materials from or use of the Web site or cell phone. If, for any reason, this Sweepstakes, or any part thereof, is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of Sponsor and/or CMS, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes for any drawing(s) and select the winners in a manner deemed fair and appropriate by Sponsor. IN NO EVENT WILL RELEASEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF INTERNET SITE www. springermountainfarms.com OR CELL PHONE OR WIRELESS SERVICE, THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED "AS IS" WITHOUT 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. 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.
- DISPUTE RESOLUTION/CHOICE OF LAW:
Except where prohibited, participants (and participants parent/legal guardian if participant is a minor) agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, and exclusively by an action in state or federal court located in the State of Georgia and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Promotion but in no event attorneys' fees; and (c) under no circumstances will participant be permitted to obtain awards for and participant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant and/or Releasees in connection with this Promotion, shall be governed by, and construed in accordance with, the laws of the State of Georgia without regard for conflicts of law doctrine of any jurisdiction.
- WINNERS LIST
For names of winner, send a self-addressed stamped envelope for receipt by 10/12/09 to: Springer Mountain Farms CMS Sweepstakes Winners List, P.O. Box 2850, Winston Salem, NC 27012-2850.
For Official Rules mail a self-addressed stamped envelope to the above address marked "OFFICIAL RULES" for receipt by 10/5/09. The names of winners may also be posted at www.springermountainfarms.com.
Springer Mountain Farms
P.O. Box 516
Mt Airy, GA 30563