NECCO’s #TropicalChristmas Twitter Promotion Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PROMOTION. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. PLEASE READ THESE TERMS CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS. BY ENTERING THIS PROMOTION, YOU WAIVE THE RIGHT TO BRING AN ACTION ON A CLASS WIDE BASIS FOR CLAIMS OR DISPUTES BETWEEN US THAT ARISE OUT OF OR RELATE TO YOUR PARTICIPATION IN THIS PROMOTION.
This Promotion is intended for participation by residents of the 48 continental contiguous United States and the District of Columbia, 18 years old and older, only and shall be construed and evaluated according to U.S. law. Do not enter this Promotion if you do not meet all of the eligibility requirements set forth in these Official Rules. Void outside the continental U.S., in Puerto Rico and where prohibited by law.
1. Promotion Period
The Promotion begins at 6:00 am ET and ends at 3:00 pm ET on Friday November 23rd, 2012 (the “Promotion Period”).
Within the Promotion Period, there will be 5 “Drawing Periods” during which NECCO will Tweet a promotion Tweet at the beginning minute of each period. The Drawing Period will close at the final minute of the time windows indicated below, and this will be when entries will cease to be accepted and a winner will be selected shortly following the close of the particular Drawing Period.
Drawing Periods are as follows:
- A. 6:00 AM- 7:00 AM
- B. 8:00 AM – 9:00 AM
- C. 10:00 AM – 11:00 AM
- D. 12:00 PM – 1:00 PM
- E. 2:00 PM – 3:00 PM
2. Sponsor
New England Confectionery Company (“NECCO”), 135 American Legion Highway, Revere, MA 02151
3. Eligibility
The Promotion is open to legal residents of the 48 contiguous continental United States and the District of Columbia who are eighteen (18) years of age or older at the time of entry, and who have Internet access and a valid email account prior to the beginning of the Promotion Period.
Employees, officers, directors, agents, compensated hosts and bloggers and representatives of NECCO, its parent, subsidiary and affiliated companies and their respective suppliers, advertising, promotion and administrative agencies (hereafter, collectively “Released Parties”) and their respective affiliated entities, as well as the immediate family members (mother, father, sister, brother, any child, husband, wife, regardless of where they reside), and/or persons living in the same household of such persons, whether or not related, are not eligible to enter or win the Promotion.
Participation constitutes entrant’s full and unconditional acceptance of these Official Rules and each entrant agrees to be bound by them. Eligibility to receive a prize is contingent upon fulfilling all requirements as set forth in these Official Rules.
4. How to Enter
Promotion participants may enter only through Twitter. All entrants must have a valid, non-private Twitter account. You must be signed into your Twitter account if you already possess one. If you do not have a Twitter account, you must sign up to become a member of Twitter. You will be held subject to Twitter’s full terms and conditions of use.
Eligible entrants must follow NECCO’s official account (@neccowafers) on Twitter at the following URL: http://twitter.com/neccowafers .
Within the Promotion Period, participants can enter via ONE (1) method. This method will gain the participant ONE (1) entry into the sweepstakes for the particular Drawing Period during which they respond.
At the beginning minute of each Drawing Period, NECCO will Tweet one message which will be clearly marked as the promotion Tweet, requesting participants to ReTweet (RT) the message. Eligible participants may enter by 1. Following @neccowafers and 2.ReTweet-ing (“RT”) the Tweet posed by @neccowafers.
Limit two entries per person per Drawing Period. Participants can only gain two entries through this one method. Regardless of number of Tweets or ReTweets sent during the Promotion Period, the eligible participants will be held to ONE (1) valid entry per Drawing Period.
The use of any automated software to submit entries will void all entries submitted by that person during all Drawing Periods.
Winning participants are automatically ineligible to enter, participant or win in any subsequent Drawing Period drawings.
No faxed, e-mailed, mailed, or telephoned-in entries will be accepted. Entries will also not be accepted via Facebook, Pinterest, Tumblr, WordPress, or any other social or web platform. Receipt of entries will not be acknowledged, and proof of submission of an entry will not be deemed proof of receipt. NECCO has no obligation to advise an entrant of an incomplete or otherwise non-compliant entry.
By entering, each entrant acknowledges that he or she is eligible to participate in the Promotion, has obtained permission from all third parties, as required, to participate and accept any prize, and participation in this Promotion and acceptance of a prize does not violate any agreements or obligations he or she may have with his/her employer or any third party or any laws, association rules or policies applicable to that entrant.
5. Prizes and Odds
A total of five (5) potential prize winners to be selected from the eligible entries received within each Drawing Period (see Drawing Period time descriptions below) during the Promotion Period.
One (1) potential prize winner will be selected in a random drawing from among all eligible entries received during each Drawing Period.
Prize drawing will be conducted by NECCO, whose decisions regarding the prize drawings are final and binding in all respects. ODDS OF WINNING ARE BASED ON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED PRIOR TO EACH ENTRY DEADLINE. Non-winning entries for a Drawing Period WILL NOT remain eligible for subsequent Drawing Periods. Limit one prize per person. Potential winning entry is subject to verification by NECCO. An entrant is not a winner of the prize until entrant’s eligibility and the potential winning entry have been verified. NECCO reserves the right to award the prize to employer of prize winner.
Drawing Periods (all times are in EST):
- A. 6:00 AM- 7:00 AM
- B. 8:00 AM – 9:00 AM
- C. 10:00 AM – 11:00 AM
- D. 12:00 PM – 1:00 PM
- E. 2:00 PM – 3:00 PM
Drawing Periods Prizes
- A. One (1) 24-count pack of Tropical NECCO Wafers
- B. One (1) 24-count pack of Tropical NECCO Wafers
- C. One (1) 24-count pack of Tropical NECCO Wafers
- D. One (1) 24-count pack of Tropical NECCO Wafers
- E. One (1) 24-count pack of Tropical NECCO Wafers
For each Drawing Period (A-E) the randomly selected winner will be awarded One (1) 24-count pack of Tropical NECCO Wafers. Sponsor makes no warranties, representations or guarantees relative to any prize, and disclaims all liability for the provision, use, quality or nature of any third party product or service provided to a winner.
Potential winners will be notified via Twitter direct message and will be required to respond via direct message to Sponsor with their name, age and contact information. No transfer, assignment and no substitutions will be made, except that NECCO reserves the right to substitute a prize with one of or equal
or greater value, at its sole discretion. Winner is responsible for all federal, state and local taxes, including without limitation, any applicable income taxes on prize and for any other expenses relating to the use of prize. NECCO, to the extent required by law, reserves the right to notify local, state and federal taxing or regulatory authorities of the identity of the winner, the value of the prize, and any other information required by any applicable statute, regulation, or ordinance. All federal, state and local laws apply. All prizes may not be awarded if an insufficient number of eligible entries are received.
Winning participants are automatically ineligible for subsequent Drawing Period drawings.
6. Claiming a Prize
Claiming of prizes requires a response to @neccowafers from the winning account within 7 days of being notified of winning at the Twitter account used to enter. @neccowafers will attempt initial contact through a public Tweet on Twitter, and then subsequent communications will take place via email or Twitter’s Direct Message service. Failure to respond shall mean that the winner forfeits the prize. NECCO is not required to award elsewhere any prizes forfeited by the chosen winner(s).
Winners are solely responsible for all taxes and/or fees that may be incurred. Each prize winner must supply NECCO with his/her legal name, shipping address, email address, and birth date for purposes of both notification and prize shipping coordination.
No cash equivalent will be offered or valid and all prizes are non-transferable. No substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason.
7. Affidavit and Releases
Upon the request of NECCO, potential winners will be required to sign and return an Affidavit of Eligibility and a Liability and Publicity Release (except where prohibited by law) within seven (7) calendar days of the date when such documents are mailed to that potential winner, or prize may be forfeited and awarded to an alternate winner. If a potential winner fails to respond to prize notification as requested by NECCO or prize notification is returned as undeliverable, that potential winner will be disqualified and NECCO may select an alternate winner.
8. Publicity Release
By accepting a prize, each winner grants to NECCO, and those acting pursuant to NECCO’s permission, the right and permission at any time to print, publish, broadcast and use, worldwide in any media now known or hereafter developed, throughout the world in perpetuity, including, but not limited to, the world wide web, the winner’s name, voice, likeness and/or biographical information and Tweets as news or information and for advertising, trade and promotional purposes without additional consideration, and without review, notice or approval, except where prohibited by law.
9. Limitation of Liability
BY PARTICIPATING IN THE PROMOTION, ENTRANTS AGREE TO RELEASE AND HOLD HARMLESS NEW ENGLAND CONFECTIONERY COMPANY AND ITS AFFILIATED ENTITIES, PRIZE ADMINISTRATOR, AND PRIZE SUPPLIERS, AS WELL AS AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS AND EMPLOYEES OF EACH OF THE FOREGOING (INCLUDING NECCO) FROM AND AGAINST ANY INJURIES, LOSSES, DAMAGES, CLAIMS, ACTIONS OR ANY LIABILITY OF ANY KIND RESULTING FROM OR ARISING FROM PARTICIPATION IN THE PROMOTION OR FROM THEIR ACCEPTANCE, POSSESSION AND/OR USE, MISUSE OR NONUSE OF ANY PRIZE THAT MAY BE AWARDED, OR FOR ANY TYPOGRAPHICAL OR OTHER ERROR IN THE PRINTING, OFFERING OR ANNOUNCEMENT OF ANY PRIZE. EACH ENTRANT FURTHER ACKNOWLEDGES THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, SAID PARTIES HAVE NEITHER MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR, ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE PRIZE, REGARDING THE USE, VALUE OR ENJOYMENT OF THE PRIZE, INCLUDING WITHOUT LIMITATION, ITS QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ENTRANT UNDERSTAND AND AGREES THAT USE OF TWITTER AND ALL OTHER ELEMENTS OF THIS PROMOTION IS AT ENTRANTS OWN DISCRETION AND RISK. EACH ENTRANT UNDERSTANDS THAT SPONSOR MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, TIMELINESS, AVAILABILITY AND/OR PERFORMANCE OF ANY ELEMENT OF THIS PROMOTION. THE RELEASED PARTIES DISCLAIM ANY LIABILITY FOR DAMAGE TO ANY COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM ACCESS TO OR THE DOWNLOAD OF INFORMATION OR MATERIALS CONNECTED WITH THE PROMOTION.
10. Additional Terms and Conditions
By participating, each entrant agrees that (a) any and all disputes, claims, and causes of action arising out of or in connection with the Promotion, or any prizes awarded, shall be resolved individually without resort to any form of class action; (b) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Promotion, but in no event attorneys’ fees; and (c) 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. Any dispute or claim arising out of this Promotion, or any disputes with site users which arise as a result of the use of this website shall be resolved in the U.S. and shall be governed by the laws of the State of Massachusetts without respect to conflicts of laws principles. Any such claim shall be brought and maintained in the federal or state courts of the State of Massachusetts. If any provisions of these Official Rules are determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other provision.
NECCO assumes no responsibility for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of, entries. Entries that have been tampered with are void. NECCO reserves the right to disqualify any entrant who they determine in their discretion, has threatened the operation of this Promotion or violates these Official Rules. NECCO reserves the right, in its sole discretion, to cancel or suspend this Promotion if the Promotion cannot be operated as planned or should other causes beyond NECCO’s control affect the administration, security or proper play of this Promotion. In such event, the winner will be selected from the eligible entries received up to the date of cancellation or suspension.
Any attempt by an entrant or any other individual to deliberately damage or undermine the legitimate operation of the Promotion may be a violation of criminal and civil laws and should such an attempt be made, NECCO reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. NECCO reserves the right, in its sole discretion, to disqualify any individual found to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. NECCO or its designee may prosecute any fraudulent activities to the full extent of the law.
The Released Parties are not responsible for: (i) computer equipment or hardware, software or program malfunctions or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, (ii) any lost or delayed data transmission, (iii) any incorrect or inaccurate entry of information of any kind, whether caused by users or by any of the equipment or programming associated with or utilized in the Promotion or by any technical or human error, which may occur in the processing of the entries in the Promotion, including, but not limited to, typographical or other errors in printing or posting of the offer or official rules, the selection and announcement of any winner, or the distribution of any prize, or (iv) any other error or malfunction which affects potential entrants’ abilities to submit an entry. Sponsor is not responsible for lost, late, invalid, unintelligible, incomplete, mutilated, garbled, postage-due or misdirected entries, which will be disqualified.
11. Official Rules
For a copy of the Official Rules, send a self-addressed, stamped envelope to:
NECCO
Attn: Tropical Christmas Twitter Promotion- Official Rules
135 American Legion Highway
Revere, MA 02151
All Requests must be received by December 10, 2012 to receive a copy of the complete written rules of this Promotion.
12. Winner’s List
For the name of the winners, send a self-addressed, stamped envelope to:
NECCO
Attn: Tropical Christmas Twitter Promotion- Winners List
135 American Legion Highway
Revere, MA 02151
All Requests must be received by December 10, 2012 to receive a copy of the complete winners list of this Promotion.
