Ricola Mystery Cougher 2009
OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST.
A PURCHASE WILL NOT INCREASE YOUR CHANGES OF WINNING. VOID WHERE PROHIBITED.
1. ELIGIBILITY: The Ricola Mystery Cougher™ Game (the "Game") begins 10/19/09 at 12:00:00 a.m. EST and ends 11/29/09 at 11:59:59 p.m. EST (the "Promotional Period").The Game is open only to legal residents of the United States who are eighteen (18) years of age or older at the time of participation and who are legally residing in the U.S. throughout the Promotional Period. Employees of Ricola USA Inc. ("Sponsor"), its parent companies, subsidiaries, divisions, affiliates, suppliers, brokers, printers, distributors and advertising, promotional and judging agencies, and any other entities affiliated with the administration of the Game and the immediate family members (parent, child, sibling, spouse) of each such person, and persons living in the same household as such person (whether related or not) are not eligible. Eligibility may be verified by Sponsor at any time. The Game is subject to all applicable federal, state and local laws and regulations. Void where prohibited.
2. HOW TO PARTICIPATE IN THE GAME: To participate in the Game, visit www.ricolamysterycougher.com to create a username and password to sign up for email clues relating to the location of the Ricola Mystery Cougher within the Google Maps application created for the Game. (Please note that by utilizing the Google Maps application, you agree to be bound by the Google Terms of Service, which can be found at http://code.google.com/apis/maps/terms.html).
Once you have signed up to participate in the Game, each week during the Promotional Period you will receive three (3) email clues related to the three (3) locations of the Ricola Mystery Cougher for that week: Clue 1 will be sent on Monday of the applicable week. You will receive Clue 2 and Clue 3 once you determine the previous locations for the week. You will be required to find all three (3) locations that the Ricola Mystery Cougher has visited during the applicable week based on the three (3) clues provided. If you successfully find all three (3) locations the Mystery Cougher has visited by Sunday at 11:59:59 p.m. EST of the applicable week, you will be entered into the applicable weekly random drawing for a chance to win $1,000. For each entry into the weekly random drawing, you will also receive one (1) entry into the Grand Prize random drawing at the end of the Game.
During the Promotion Period, if you find all three (3) locations of the Mystery Cougher for a particular week after Sunday at 11:59:59 p.m. EST of the applicable weekly period, you will not be entered into the weekly random drawing, but will receive one (1) entry into the Grand Prize random drawing.
If you sign up for the Game anytime after Week 1 (October 19, 2009 at 12:00:00 am EST through October 25, 2009 at 11:59:59 pm EST), Clue 1 for all previous weeks can be found on your user page. You will receive Clue 2 and Clue 3 for previous weeks once you determine the previous locations of the Mystery Cougher for the applicable weeks. Previous weeks' clues can be completed anytime throughout the Promotion Period. If you find all three (3) locations of the Mystery Cougher for a previous week, you will not be entered into that previous week's random drawing, but you will receive one (1) entry into the Grand Prize random drawing.
For purposes of this Game, a week will start each Monday during the Promotional Period at 12:00:00 am EST and end the following Sunday at 11:59:59 pm EST. The computer of the receiving server will be the official promotion clock.
Bonus Entries
Refer a Friend For each person you refer, you will receive one (1) bonus entry into the Grand Prize random drawing. The email referral must sign up to participate in the Game and must be validated by Sponsor.
Entries are the property of Sponsor and will not be acknowledged or returned. In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the authorized account holder of the e-mail account of the e-mail address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line 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.
3. WEEKLY GAME PRIZES (6): One (1) person per week during the Promotional Period will be chosen via a random drawing from all eligible entries during the applicable weekly period to receive $1,000. There will be one (1) weekly prize winner each week during the Promotional Period for a total of six (6) weekly prize winners throughout the Game. The prize will be awarded in the form of a check. Total ARV of all weekly prizes: $6,000. Odds of winning weekly game prize depend on the number of eligible entries received.
4. GRAND PRIZE (1): One (1) person will be chosen via a random drawing from all eligible entries received during the Promotional Period to select one (1) of one hundred (100) virtual envelopes. Odds of being selected as the Grand Prize winner depend on the number of eligible entries received. There will be one (1) virtual envelope that contains a prize of $1,000,000 and the other ninety-nine (99) virtual envelopes that will contain a prize of $1,000. The Grand Prize winner will win the amount indicated on the virtual envelope. The virtual envelopes will be randomly seeded with the prize amounts. If you are chosen as the Grand Prize winner, the odds of winning the $1,000,000 prize are 1:100 and the odds of winning a $1,000 prize are 1:1. If the $1,000,000 prize is won, it will be awarded in the form of a twenty (20) year annuity that pays out $50,000 per year for twenty (20) years without interest. If the $1,000 prize is won it will be awarded in the form of a check.
4. SELECTION OF WINNERS: Grand Prize winner will be selected in a random drawing conducted on or about 12/07/2009 from all eligible entries received during the Promotional Period. Grand Prize winner will be notified by a traceable method of delivery on or about 12/09/2009. Weekly Prize winners will be selected in a random drawing from all eligible entries for that applicable week on or about the dates in the following schedule:
Week 1 - 10/28/2009
Week 2 - 11/04/2009
Week 3 - 11/11/2009
Week 4 - 11/18/2009
Week 5 - 11/25/2009
Week 6 - 12/02/2009
Weekly Prize winners will be notified by a traceable method of delivery on or about the dates in the following schedule:
Week 1 - 10/30/2009
Week 2 - 11/06/2009
Week 3 - 11/13/2009
Week 4 - 11/20/2009
Week 5 - 11/30/2009
Week 6 - 12/04/2009
All Winners will be required to sign and return an Affidavit of Eligibility, Liability, and Publicity Release (collectively, the "Affidavit") within fifteen (15) days of receipt of the Affidavit from Sponsor. Failure to return the Affidavit within fifteen (15) days will result in prize being forfeited and awarded to an alternate winner.
5. GENERAL CONDITIONS: All participants are bound by the decisions of the Sponsor, which are final and binding in all respects. No substitution of prize by winner is offered and no transfer of prize to a third party is permitted. Sponsor may substitute a prize of equal or greater value in its sole discretion. Prize winner will be solely responsible for all applicable federal, state and local taxes on prizes.
Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. Sponsor is not responsible for: (i) lost, late, misdirected, damaged, garbled or illegible entries; (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site (including Google Maps) or any combination thereof; (iii) any injury or damage to entrant's or any other person's computer related to or resulting from participating in the Game; (iv) for inaccurate entry or other Game related information, printing, typographical or other errors appearing in these Official Rules, or in other Game related materials. No mechanically reproduced entries or facsimile entries are permitted. By participating in the Game, you: (i) agree to be bound by these official rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor, which are final and binding in all matters relating to the Game. Failure to comply with these official rules may result in disqualification from the Game. Sponsor reserves the right to: (i) permanently disqualify from any sweepstakes/contest it sponsors any person it believes has intentionally violated these official rules; and (ii) to suspend, modify or terminate the Game if Sponsor believes, in its sole discretion, that malfunction, error, disruption or damage is impairing or will impair the administration, security, fairness, integrity or proper play of the Game. If Game is terminated before the end date, Sponsor will determine that week's weekly winner and the Grand Prize winner from all eligible entries received as of the termination date.
To the extent permitted by law, potential prize winner may also be required to grant to Sponsor, in writing, the unconditional, irrevocable worldwide right to use his/her name, address, likeness, and voice, in any media including without limitation radio and/or internet and/or television broadcasts, for public relations, advertising and/or promotional purposes as may be determined by Sponsor, without additional compensation and without review, notice or approval by winner.
6. RELEASE OF LIABILITY: All participants, as a condition of participation and/or entry, agree to release Ricola USA Inc., its parent companies, subsidiaries, divisions, affiliates, employees, directors, agents suppliers, brokers, printers, distributors and advertising, promotional or judging agencies, and any other entities affiliated with the administration of the Game ("Released Entities"), from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained as a result of participation in the Game or the acceptance and use of any prize, and you agree that the Released Entities are in no matter responsible for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to the Game and/or the awarding of any prize. Notwithstanding the foregoing, in the event that the preceding release is determined by a court of competent jurisdiction to be invalid or void for any reason, the entrant agrees that, by entering the Game, (i) any and all disputes, claims, and causes of action arising out of or in connection with the Game, or any prizes awarded, shall be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Game, but in no event attorney's fees; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses.
7. LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE OR INTERFERE WITH THE OPERATION OF THE GAME OR GAME WEBSITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
8. Winners List: For the names of the prize winners, send a self-addressed stamped envelope (residents of VT may omit return postage) postmarked by December 14, 2009 and received no later than December 21, 2009 to "Ricola Mystery Cougher Winner Request," P.O. Box 3612, Grand Central Station, New York, NY 10163.
9. Sponsor: Ricola USA Inc., 6 Campus Drive Second Floor South, Parsippany, NJ 07054.