SMIRNOFF ICE®, SMIRNOFF RAW TEA AND PARROT BAY
“UNDER THE CAP” SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
The SMIRNOFF ICE®, SMIRNOFF RAW TEA and PARROT BAY “UNDER THE CAP” SWEEPSTAKES consists of two (2) Sweepstakes components:
In addition to the prizes offered for each separate Sweepstakes listed in Section 4a and 4b, there will also be a secondary prize included which will be eligible to be won by all entrants from both Sweepstakes regardless of entry method or entry code used to enter. See Section 4c below for details.
1. ELIGIBILITY: Open only to legal residents of the 50 United States (excluding CA, KY and UT) and the District of Columbia who are 21 years of age or older at time of entry. Void in CA, KY, UT, PR (and all other territories and possessions) and where prohibited. Persons in the following categories are not eligible to participate or win a prize: (a) employees and directors of: DIAGEO – Guinness USA Inc. (“Sponsor”), Diageo NA, Inc. eBay, Inc., PayPal, Inc., Real Time Media (“Administrator”), Real Branding, RealNetworks, Inc., Colangelo Synergy Marketing, Vibes, Inc. and each of their respective parents, affiliates, subsidiaries, advertising and promotion agencies; (collectively the “Sweepstakes Entities”); (b) individuals or entities responsible for the development, printing, distribution and implementation of this promotion; (c) suppliers, distributors and retailers of alcohol-beverage products; and (d) persons who are employees of or members of the immediate family (parents, siblings, children & spouse) or household of any person in any of the preceding categories. By participating you agree to be bound by these Official Rules and the decisions of Sponsor and Administrator, which are final and binding in all respects.
2. TO OBTAIN AN ENTRY CODE: Sweepstakes starts on or about 12 noon Eastern Time (ET) on 3/1/08 and ends at 11:59:59 p.m. ET on 12/31/08 (“Promotion Period”). During the Promotion Period, entry codes (“Entry Codes”) are available, while supplies last, under the bottle cap of specially marked bottles of SMIRNOFF ICE®, SMIRNOFF RAW TEA and PARROT BAY. You may submit an Entry Code from under the bottle cap of specially marked bottles from either the 2007 or 2008 SMIRNOFF ICE, SMIRNOFF RAW TEA and PARROT BAY “Under the Cap” Sweepstakes.
3. HOW TO ENTER: There are three ways to participate:
a.) To enter online, during the Promotion Period access www.smirnoffice.com for the Smirnoff Ice and SMIRNOFF RAW TEA Sweepstakes, or www.parrotbay.com for the Parrot Bay Sweepstakes. Complete the information requested on the website Splash Page and Zip Code Request Page in order to proceed to the Promotion Registration Page. Once on the Registration page, follow all entry instructions and complete the information requested in the information fields (required fields are: full name, complete address (no P.O. Boxes), birth date, daytime phone number, including area code, and email address). When your registration is complete, click the area marked Submit to proceed to the Entry Code Page. Once on the Entry Code Page, you will be required to submit either a Smirnoff Ice, SMIRNOFF RAW TEA or Parrot Bay code from under the bottle cap of specially marked bottles. After entering your code(s), click the area marked Enter (once submitted, entry cannot be deleted, canceled or modified). Then play the Pop the Cap game for your chance to instantly win a First through Fourth Prize or a Secondary Prize. Your success in the game will not determine whether or not you are a prizewinner.
b) To participate via text messaging, during the Promotion Period text an Entry Code to SMIRNOFFICE to enter the SMIRNOFF ICE AND SMIRNOFF RAW TEA Sweepstakes, or text an Entry Code to PARROT BAY to enter the PARROT BAY Sweepstakes. You must use a wireless, SMS-capable telephone (you must provide your own telephone). Once you have properly text-messaged the appropriate codes to the promotional telephone number, you will be sent a reply via text messaging and you must follow any instructions provided to complete your entry. Standard text-message rates apply. Other charges may apply; check your mobile plan for details. Available on participating carriers only. Your wireless-service provider may charge you for each text message you send and receive. Please consult your wireless-service provider regarding pricing plans. For help, text HELP to short code: SMIRNOFF ICE or PARROT BAY. To stop participating and cease receiving messages from the program, send the word STOP to short code: SMIRNOFF ICE or PARROT BAY. Your entry will remain eligible for the sweepstakes, but you will not receive future text messages except for notification if you are selected as a potential winner.
c.) To participate by mail, without purchase, legibly hand-print your name, address, birth date, daytime phone number, and e-mail address (if any) on a 3” x 5” card. To enter the SMIRNOFF ICE or SMIRNOFF RAW TEA Sweepstakes mail your card to: SMIRNOFF ICE Sweepstakes, 295 E. Swedesford Rd., PMB#104, Wayne, PA 19087, postmarked by 6/30/08 for Grand Prize Drawing (GPD) #1; 9/30/08 for GPD #2; and 12/31/08 for GPD #3; and received 7 days later. To enter the Parrot Bay Sweepstakes mail your card to: Parrot Bay Sweepstakes, 295 E. Swedesford Rd., PMB#364, Wayne, PA 19087, postmarked by 6/30/08 for Grand Prize Drawing (GPD) #1; 12/31/08 for GPD #2; and received 7 days later. Three (3) Entry Codes will be assigned and played in the Pop the Cap game on your behalf. Only winners will be notified.
Limit: Three (3) entries per person or e-mail address or mobile telephone number per day, regardless of which of the above methods of entry are used. A “day” is defined as 12:00:01 a.m. ET though 11:59:59 p.m. ET. You may enter the Sweepstakes under one name/e-mail address/wireless telephone number only. In the event of a dispute about entries submitted by multiple individuals using the same wireless telephone number, email account or address, the entry will be deemed to have been submitted by the authorized subscriber of the wireless telephone number or email account used to enter the Sweepstakes at the actual time of entry. The name of the authorized account holder associated with any wireless telephone number (used to enter by sending a text message) or email address will be deemed to be the entrant and must comply with these Official Rules. The authorized account holder is defined as the natural person who is assigned a wireless telephone number by a wireless service provider or an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses or the domain associated with the submitted email address. Multiple entries per person/email address/wireless telephone number in excess of the daily entry limit, or any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to sweepstakes entry services) are prohibited and will void all entries by that entrant. Entrants assume all risk of lost, late, incomplete, illegible, stolen, undelivered or misdirected entries.
Tell-A-Friend Program: You will be able to earn additional Sweepstakes entries into the applicable Grand Prize Drawing through the Tell-A-Friend program. Once on the Tell-A-Friend page, entrants can send a Sweepstakes e-mail to their friends. Each Sweepstakes e-mail will contain a link to the Sweepstakes website(s) which the recipient may click on to go to either www.smirnoffice.com or www.parrotbay.com to participate in the Sweepstakes. Once a recipient has clicked on the link and completed their entry/participation in the sweepstakes, the entrant who sent the Sweepstakes e-mail will receive one additional entry into the current Round Grand Prize Drawing only. The Tell-A-Friend Program cannot be used to obtain additional chances to win any other prizes. Participants may not use the Tell-A-Friend program to send emails to themselves and may not generate additional Grand Prize entries by clicking on the Sweepstakes website link contained in any Tell-A-Friend email.
4. PRIZE Descriptions/prize Rounds/ODDS OF WINNING:
The Smirnoff Ice, SMIRNOFF RAW TEA and Parrot Bay Sweepstakes will include pre-defined Prize Rounds in which separate prizes will be awarded based on the time at which entrants complete their play of the Pop the Cap game. See Sections 4a and 4b below for the definition of each Prize Round and the Prize Descriptions for each Sweepstakes Prize. All Grand and First through Fourth prize amounts for all Prize Rounds will be deposited into the winner’s PayPal Account (the “PayPal Account”), which winner may then use to purchase items of winner’s choice on eBay, or otherwise in accordance with the terms of the PayPal User Agreement (https://www.paypal.com/us/cgi-bin/webscr?cmd=xpt/UserAgreement/ua/USUA-outside). Grand and First through Fourth prize winners of all Prize Rounds must have or must create a PayPal Account, on or before the time a prize is awarded, at www.PayPal.com (the “PayPal Site”), to access the cash prize or use the eBay Gift Certificate funds. The PayPal Account must have the same email address associated with the user email address used to participate in the promotion and/or claim the prize. Registration for PayPal is free. Prize amount valid only when recipient pays with and the seller accepts PayPal. Gift Certificate funds are void for off-eBay purchases. eBay Gift Certificate may not be transferred. Use of eBay Gift Certificates subject to terms and conditions at http://giftcertificates.ebay.com/terms.html. PayPal Account and eBay Gift Certificate amounts will be awarded in US dollars. All taxes and any other costs not specifically stated within these Official Rules are the sole responsibility of the winners. Prizes may not be transferred, substituted, assigned or redeemed for cash, except at the Sponsor’s sole discretion. All claimed prizes will be awarded. Note: Secondary prizes will not be awarded based on a prize Round, but will be included throughout the entire Promotion Period and will be available to be won regardless of entry method or entry code used to enter. See Section 4c below for details.
4a. Smirnoff Ice/SMIRNOFF RAW TEA Sweepstakes: There will be three (3) prize Rounds in the Smirnoff Ice/SMIRNOFF RAW TEA Sweepstakes: Round 1 will take place from March 1, 2008 through June 30, 2008; Round 2 will take place from July 1, 2008 through September 30, 2008; and Round 3 will take place from October 1, 2008 through December 31, 2008. Grand Prize winners for the Smirnoff Ice/ SMIRNOFF RAW TEA Sweepstakes will be selected by random drawing from among all eligible entries received on or about August 1, 2008 for Grand Prize Drawing (GPD) #1, November 1, 2008 for GPD #2 and February 1, 2009 for GPD #3. First through Fourth prize winners will be randomly selected by computer, based on the estimated number of entries and the time of completion of the Pop the Cap game.
Grand Prize (1): $15,000 deposited into winner’s PayPal Account. Approximate retail value (ARV) of each Grand Prize: $15,000 USD;
First Prize (20): $500 eBay Gift Certificates will be awarded. ARV: $500/ea.;
Second Prize (60): $100 eBay Gift Certificates will be awarded. ARV: $100/ea.;
Third Prize (150): $50 eBay Gift Certificates will be awarded. ARV: $50/ea.;
Fourth Prize (250): $25 eBay Gift Certificates will be awarded. ARV: $25/ea..
Grand Prize (1): $15,000 deposited into winner’s PayPal Account. Approximate retail value (ARV) of each Grand Prize: $15,000 USD;
First Prize (20): $500 eBay Gift Certificates will be awarded. ARV: $500/ea.
Second Prize (60): $100 eBay Gift Certificates will be awarded. ARV: $100/ea.;
Third Prize (150): $50 eBay Gift Certificates will be awarded. ARV: $50/ea.;
Fourth Prize (250): $25 eBay Gift Certificates will be awarded. ARV: $25/ea..
Grand Prize (1): $15,000 deposited into winner’s PayPal Account. Approximate retail value (ARV) of each Grand Prize: $15,000 USD;
First Prize (20): $500 eBay Gift Certificates will be awarded. ARV: $500/ea.;
Second Prize (60): $100 eBay Gift Certificates will be awarded. ARV: $100/ea.;
Third Prize (150): $50 eBay Gift Certificates will be awarded. ARV: $50/ea.;
Fourth Prize (250): $25 eBay Gift Certificates will be awarded. ARV: $25/ea..
4b. Parrot bay Sweepstakes: There will be two (2) Prize Rounds in the Parrot bay Sweepstakes: Round 1 will take place from March 1, 2008 through June 30, 2008; and Round 2 will take place from July 1, 2008 through December 31, 2008. Grand Prize winners for the Parrot bay Sweepstakes will be selected by random drawing from among all eligible entries received on or about August 1, 2008 for Grand Prize Drawing (GPD) #1, and February 1, 2009 for GPD #2. First through Fourth prize winners will be randomly selected by computer, based on the estimated number of entries and the time of completion of the Pop the Cap game.
Grand Prize (1): $15,000 deposited into winner’s PayPal Account. Approximate retail value (ARV) of each Grand Prize: $15,000 USD;
First Prize (20): $500 eBay Gift Certificates will be awarded. ARV: $500/ea.;
Second Prize (60): $100 eBay Gift Certificates will be awarded. ARV: $00/ea.;
Third Prize (150): $50 eBay Gift Certificates will be awarded. ARV: $50/ea.;
Fourth Prize (250): $25 eBay Gift Certificates will be awarded. ARV: $25/ea..
Grand Prize (1): $15,000 deposited into winner’s PayPal Account .Approximate retail value (ARV) of each Grand Prize: $15,000 USD;
First Prize (20): $500 eBay Gift Certificates will be awarded. ARV: $500/ea.;
Second Prize (60): $100 eBay Gift Certificates will be awarded. ARV: $100/ea.;
Third Prize (150): $50 eBay Gift Certificates will be awarded. ARV: $50/ea.;
Fourth Prize (250): $25 eBay Gift Certificates will be awarded. ARV: $25/ea..
4c. Secondary Prize: 3/1/08 - 12/31/08:
There will also be a Secondary prize consisting of a music download, ring tone or other prize (to be determined by Sponsor in its sole discretion) included in the Sweepstakes which will be available to be awarded during the entire Promotion Period (not based on a prize Round) and will be available to be won regardless of entry method or entry code used to enter.
Secondary (436,800): Music download, ring tone or other prize (to be determined by Sponsor in its sole discretion), ARV: $0.19.
ARV of all prizes offered: $306,742.
Odds of winning a Grand Prize depend on the number of eligible entries received for each Grand Prize drawing. Odds of winning a First through Fourth prize or a Secondary Prize depend on the number of estimated entries and time of completion of the Pop the Cap game. Approximately 300,000,000 Entry Codes will be available for distribution.
5. HOW TO CLAIM PRIZES: Potential winners will be notified by postal mail, telephone, email or other method determined by Sponsor and may be sent a redemption code or other instructions for prize claim. Internet access may be required to claim prize. You must save your Entry Code for prize verification, if requested by Administrator. Prize will be forfeited if prize claim is not timely received according to the instructions and by the prize claim deadline provided in the notification. The submission of prize claims is the sole responsibility of the participant, who assumes all risk of loss, damage, destruction, delay and misdirection of materials.
6. VERIFICATION: Limit: one (1) Smirnoff Ice/Smirnoff raw tea and one (1) Parrot Bay Grand Prize per person or household address. All prize claims are subject to verification by Administrator. You are not a winner until your prize claim has been timely received and verified/validated by the Administrator, and you have complied with these Official Rules. Entry Codes are void and will be rejected if not obtained through authorized, legitimate channels or if any part is illegible, mutilated, counterfeited, forged or tampered with in any way or otherwise irregular, or contain printing, seeding, typographical, mechanical or other errors (collectively, “Irregular Entry Code”). Sponsor’s sole liability for an Irregular Entry Code is limited to replacement with another Entry Code, while supplies last. If because of error or for any other reason, there are more claims for a prize than prizes offered as stated in these Official Rules, a random drawing will be held among all eligible claimants in such category to award such prize. Only the prizes stated in these Official Rules are available to be won in the Sweepstakes and will be awarded. All materials submitted become the property of Sponsor and will not be returned.
7. GENERAL CONDITIONS: By participating, participants agree (a) to be bound by these Official Rules; (b) that the decisions of Administrator or Sponsor are final on all matters relating to this promotion; and (c) to Sponsor’s use of participant’s name and address in accordance with Sponsor’s privacy policy. All prizes below $600 will be fulfilled 6 to 8 weeks after the last day in the month in which the prize has been won and winner has completed all required steps to claim/redeem prize. Potential winning entrants of prizes valued at $600 or more will receive notification that he/she has won and will have seven (7) days from receipt of winning notification to confirm that the notification has been received. After confirming notification receipt, the potential winner will be sent via United States Postal Mail and/or overnight mail an Affidavit of Eligibility, a Liability Release, and where lawful, a Publicity Release form. These forms must be completed, signed, notarized and returned to Administrator within seven (7) days. If verified as eligible and in compliance with the Official Rules, the potential winner then and only then becomes the “winner.” If a potential winning entrant of a Sweepstakes Prize cannot be contacted; is ineligible; fails to claim the prize; is unwilling or unable to accept prize; if the Prize Notification is returned undeliverable; or if the potential winner otherwise fails to fully comply with these official rules, he/she will forfeit that prize and the prize will be awarded to an alternate potential winner. Any Unclaimed/unawarded first through fourth level prizes and Secondary prizes will not be awarded or re-awarded. Where permitted by law, winner grants to Sponsor, (which grant will be confirmed in writing on request of Sponsor) its parents, subsidiaries, affiliates and those acting pursuant to its 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, address (city & state), portrait, picture, voice, likeness and biographical information for advertising and promotional purposes without additional consideration. By accepting prize, the winner agrees to indemnify, release and hold harmless Sweepstakes Entities, their parents, affiliates, subsidiaries, advertising and promotion agencies and their respective directors, officers, employees, representatives and agents from any and all liability for any claims, injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of the prize, participation in any Sweepstakes or prize use related activity, or participation in this Sweepstakes.
PARTICIPANTS AGREE THAT THE SWEEPSTAKES ENTITIES HAVE NOT MADE NOR ARE THEY IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, STATUTORY, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE), IN FACT OR IN LAW, RELATIVE TO THE PROMOTION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SWEEPSTAKES ENTITIES DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO EBAY.COM AND/OR PAYPAL.COM AND THE SWEEPSTAKES ENTITIES SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATED THERETO. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS. THE PROVISIONS REGARDING IMPLIED WARRANTIES ARE VOID IN SOME STATES WHERE IMPLIED WARRANTIES ARE PRESCRIBED BY LAW. Sponsor not responsible for: (i) electronic transmissions that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, or misdirected, (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation of transmission, communication failures, destruction or unauthorized access to, or alteration of, entries, or (iii) failed or unavailable hardware, network, software or telephone transmissions, damage to entrants’ or any person’s computer and/or its contents, or causes beyond Sponsor’s reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Sweepstakes. All incomplete or non-conforming entries will be disqualified. If for any reason this Sweepstakes is not executed as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of this Sweepstakes, or if this Sweepstakes is compromised or becomes technically corrupted in any way, electronically or otherwise, Sponsor reserves the right to terminate this Sweepstakes. If this Sweepstakes is terminated before the original end date, Sponsor will select winners by random drawing from among all eligible entries received as of the termination date. Sponsor reserves the right, at its sole discretion, to disqualify and prosecute any individual who tampers with the entry process or who enters using any automatic or programmed entry duplication method. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR OTHERWISE CORRUPT THE INTERNET PORTION OF THIS SWEEPSTAKES, OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY, PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
8. DISPUTES: THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF CONNECTICUT, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Sweepstakes, participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Connecticut having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than participants’ actual out-of-pocket expenses (i.e. costs associated with participating in this Sweepstakes), and participant further waives all rights to have damages multiplied or increased.
9. WINNER’S LIST: For the names of the winners of prizes valued over $25, send a self-addressed stamped envelope for receipt by 2/28/09 to: SMIRNOFF ICE AND PARROT BAY “UNDER THE CAP” SWEEPSTAKES - Winners' List Request, c/o RealTime Media, 1060 First Ave, Ste 201, King of Prussia, PA 19406.
©2008 SMIRNOFF ICE and SMIRNOFF RAW TEA Premium Malt Beverages, The Smirnoff Co., Norwalk, CT.
©2008 CAPTAIN MORGAN PARROT BAY Tropical Malt Beverage. Captain Morgan Co., Norwalk, CT
eBay® is not an official sponsor of the 2008 UTC sweepstakes promotion.