OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN.
1. ELIGIBILITY: Open only to legal residents of the fifty (50) United States and District of Columbia who are 13 years of age or older at the time of entry in the CANDYSTAND ULTIMATE TAILGATE PACK SWEEPSTAKES ("Sweepstakes") and have a valid email address. Employees of Funtank, L.L.C. ("Sponsor"), Trymark Consulting Group, L.L.C. ("Promoter"), and each of their respective parents, affiliates, subsidiaries, and advertising and promotion agencies, and the immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and/or those living in the same household of each, whether or not related, are not eligible. Void where prohibited by law. Individuals who have won a prize in any sweepstakes, contest or instant win game on the Candystand website within the 90 days preceding the commencement of this Sweepstakes are not eligible. Sweepstakes is subject to all applicable federal, state and local laws.
2. HERE'S HOW TO ENTER: Beginning at 12:01 a.m. Eastern Time ("ET") on November 11, 2009 through 11:59 p.m. ET on January 31, 2010 (the "Sweepstakes Period"), visit www.CANDYSTAND.com ("Site"), click on the Sweepstakes link and follow the on-screen instructions to complete and submit the entry form. If you are not already registered as a member of the Site, you must first follow the directions to complete the registration process in order to enter. Registration is free. You will be asked to provide your name, home street address, email address, phone number, and date of birth in order to register. To be eligible for drawing, entries must be received by 11:59 p.m. ET on January 31, 2010. Limit one (1) entry per person/email address/household per day. If more than one entry a day is received from any person/email address/household, all subsequent entries may be disqualified. Entries generated by script, macro or other automated or mechanical means are void. All entries become the property of Sponsor and will not be acknowledged or returned.
3. RANDOM DRAWING: The potential winners will be selected in a random drawing on or about February 7, 2010 from among all eligible entries received by Trymark Consulting Group, L.L.C., an independent judging agency whose decisions are final and binding. Odds of winning will depend upon the number of eligible entries received.
4. WINNER NOTIFICATION: Potential winners will be notified on or about February 17, 2010. Potential winners (and/or parent/legal guardian if any potential winner is a minor in his/her state of residence) will be notified by e-mail and required to respond to such email notification within seven (7) days from the date of such e-mail is sent. Additionally, potential winners (and/or parent/legal guardian if any potential winner is a minor in his/her state of residence) may also be required to execute and return an Affidavit of Eligibility, Release of Liability and, unless prohibited by law, a Publicity Release within fourteen (14) days of date of issuance. The Grand Prize winner will be required to provide his/her social security # and will be issued a 1099 form. In the event that any e-mail, notification or correspondence to a potential winner (or parent/legal guardian if any potential winner is a minor in his/her state of residence) is returned as undeliverable or a response is not received within the specified time period, prize may be forfeited and, at Sponsor's discretion, an alternate winner may be selected. Released Parties (as defined below) are not liable for: (i) failed, returned or misdirected notification; or (ii) entries and responses to winner notifications which are lost, late, incorrectly completed, incomplete, illegible, unintelligible, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for any human, computer, or technical error of any kind. Noncompliance with the requirements set forth herein, the return of any prize or prize notification as undeliverable or noncompliance with these Official Rules will result in disqualification and, at Sponsor's discretion, an alternate winner will be selected. If any potential winner is considered a minor in his/her state of residence, prize may be awarded in the name of a parent or legal guardian who will be required to fulfill all requirements imposed on winner set forth herein. IF ANY MINOR IS SELECTED AS A POTENTIAL WINNER, HE/SHE WILL BE REQUIRED TO PROVIDE SPONSOR WITH A FULLY-EXECUTED PARENT PERMISSION FORM (WHICH MUST INCLUDE A PARENT'S OR LEGAL GUARDIAN'S APPROVAL AND SIGNATURE). SUCH FORM WILL BE SENT TO THE E-MAIL ADDRESS PROVIDED AND MUST BE RETURNED BY MAIL TO: "CANDYSTAND ULTIMATE TAILGATE PACK SWEEPSTAKES - PARENT PERMISSION", C/O TRYMARK CONSULTING GROUP, L.L.C., P.O. BOX 295, GAINESVILLE, VA 20156, WITHIN FOURTEEN (14) DAYS OF DATE OF ISSUANCE OR PRIZE WILL BE FORFEITED AND, AT SPONSOR'S DISCRETION, AN ALTERNATE WINNER WILL BE SELECTED.
5. PRIZES & APPROXIMATE RETAIL VALUES (ARVs): One (1) Grand Prize consisting of: One (1) Weber 586002 Q 320 Portable Outdoor Gas Grill (Approximate Retail Value ("ARV") $479.00), One (1) Swiss Gear 10x10 Foot Smart Shade Canopy (ARV $139.99), Two (2) Coleman Oversized Padded Quad Chairs with Side Cooler (ARV $66.84), One (1) iLive Docking System and Boombox with Speakers (ARV $69.99), One (1) Wilson F1100 Official NFL Game Football (ARV $109.99) and One (1) Mr. Bar-B-Q 5-Piece Stainless Handle Barbeque Tool Set (ARV $24.99). Total ARV of Grand Prize is $890.80. Five (5) First Prizes consisting of One (1) Wilson F1100 Official NFL Game Football (ARV $109.99). Total ARV of all prizes combined: $1,440.75. Prizes are awarded "as is" with no warranty or guarantee, either express or implied by Sponsor. Prizes are not transferable, redeemable for cash or substitutable except by Sponsor, who reserves the right to substitute prize of comparable or greater value, at its sole discretion. Winners shall be solely responsible for all taxes (including federal, state and local taxes) and any other costs and expenses associated with the acceptance and use of a prize not specified in these rules as being awarded. All prize details (including without limitation, method and location of delivery of the prize), are at Sponsor's sole discretion. Limit one (1) prize per person/email address/household.
6. GENERAL RULES: Acceptance of prize constitutes permission for the Sponsor and its designees to use winner's name, city and state of residence and/or likeness for purposes of advertising and trade in any and all media now or hereafter known throughout the world in perpetuity, without further compensation, notification or permission, unless prohibited by law. By participating, entrants (and parent/legal guardian of any entrant who is a minor) agree to: (i) be bound by these Official Rules and the decisions of the Sponsor and judges, which are final and binding in all matters; and (ii) release, discharge and hold harmless Sponsor, Trymark Consulting Group, L.L.C., and each of their respective parents, subsidiaries, affiliates and advertising and promotion agencies, and their respective officers, directors, shareholders, employees, agents, attorneys and representatives (collectively, the "Released Parties") from any and all claims and liability whatsoever for any injuries, losses or damages of any kind resulting from the acceptance, possession or use of prize (including any injuries resulting from use of the Prize) or participation in the Sweepstakes. In the event of a dispute as to identity of an entrant, entries will be deemed made by the authorized account holder of the e-mail address from which the entry was submitted and such person will be responsible for complying with all requirements set forth herein. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider. Released Parties are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, garbled, illegible or postage-due mail, entries or e-mail; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or malfunctions of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or malfunctions which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the prizes or in any Sweepstakes-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by Site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Released Parties are not responsible for injury or damage to entrants' or to any other person's computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of the Site. Persons who tamper with or abuse any aspect of the Sweepstakes or Site or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and their entries void. If, in the judges' opinion, there is any suspected or actual evidence of tampering with any portion of the Sweepstakes, or if technical difficulties, virus, bugs or other causes compromise the integrity of the Sweepstakes, the judges reserve the right to modify, suspend or terminate the Sweepstakes and, if terminated, at their sole discretion, conduct a random drawing to award the prize using all eligible, non-suspect entries received as of the date of termination.
7. CONDITIONS OF PARTICIPATION: As a condition of participating, entrant (and parent/legal guardian if entrant is a minor) agrees that: (i) under no circumstances will entrant (or parent/legal guardian if entrant is a minor) be permitted to obtain awards for, and entrant (and parent/legal guardian if entrant is a minor) hereby waives all rights to claim punitive, incidental, consequential, or any other damages, other than for actual out of pocket expenses, if any, (ii) all causes of action arising out of or connected with this Sweepstakes, or any compensation or credit to be provided, shall be resolved individually, without resort to any form of class action; and (iii) any and all claims, judgments, and award shall be limited to actual out of pocket costs incurred, if any, and in no event shall entrant be entitled to receive attorneys' fees or other legal costs. This Sweepstakes shall be governed by New York substantive and procedural law, without giving effect to any choice of law or conflicts of laws rules or provisions (whether of the State of New York) or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of New York. By participating in this Sweepstakes, entrants (or parent/legal guardian if entrant is a minor) irrevocably consent that New York courts shall have personal jurisdiction over any dispute or litigation arising from or relating to this Sweepstakes and that venue shall only be in the federal or state courts of New York.
8. DATA COLLECTION: Information submitted in connection with the Sweepstakes will be treated in accordance with these Official Rules and Sponsor's Privacy Policy (as may be amended from time to time), currently located at www.candystand.com/privacy.do; provided, that in the event of any conflict between these Official Rules and such Privacy Policy, the terms and conditions of these Official Rules shall prevail.
9. NAMES OF WINNERS/RULES: The names of the winners (available after March 15, 2010) and/or a copy of these Official Rules may be obtained by mailing a self-addressed, stamped (#10) envelope to: "Candystand Ultimate Tailgate Pack Sweepstakes - Winners/Rules" (please specify which), P.O. Box 295, Gainesville, VA 20156, for receipt no later than April 30, 2010. Vermont residents may omit return postage. You can also refer to the FAQ section on the Site for instructions on how to request a copy of these Official Rules and the names of the winners.
Sponsor: Funtank, L.L.C., 511 Canal Street, 4th Floor, New York, NY 10013 U.S.A.
Promoter: Trymark Consulting Group, L.L.C., P.O. Box 295, Gainesville, VA 20156
Weber, Swiss Gear, Coleman, Apple, GPX, Wilson, and the NFL are not sponsors or promoters of this Sweepstakes, and do not endorse, approve or have any responsibility for this promotion.