National Parks Adventure Giveaway Official Rules
National Parks Adventure Giveaway (the "Giveaway") is sponsored by McKee Foods Corporation with offices located at 10260 McKee Road, Collegedale, TN 37315 ("Sponsor"). Sponsor, its subsidiaries and affiliates, and any other companies or agencies associated with the Giveaway (such as advertising, promotion, fulfillment or judging agencies), including but not limited to McClean Family, LLC, the owner and operator of The Lodge at Buckberry Creek, The Reward Company, Inc. d/b/a TLC Marketing Worldwide, Langston Communications, Inc., and National Geographic Society, together, hereinafter will be referred to as the "Giveaway Entities."
Participation in the Giveaway constitutes the entrant's ("you" or "your") full and unconditional agreement to and acceptance of these Official Rules, including the decisions and interpretations of Sponsor and/or the judges, which are final and binding on all matters relating to the Giveaway.
1. NO PURCHASE NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING. ALL APPLICABLE FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED BY LAW. Maximum one (1) entry per person per twenty-four (24) hour period during the Giveaway Period (as defined below).
2. Giveaway Dates: The Giveaway begins on Friday, January 1, 2016 at 12:00 AM Eastern Time ("ET") (the "Giveaway Start Date") and ends on Thursday, June 30, 2016, at 11:59 PM ET (the "Giveaway End Date"). The period from the Giveaway Start Date through the Giveaway End Date is referred to as the "Giveaway Period." During each calendar month of the Giveaway Period from January 2016 until May 2016, there will be a monthly entry period which will run from 12:00 AM ET the first day of each month through 11:59 PM ET on the last day of that month (each a "Monthly Entry Period"). Sponsor’s designated computer is the official time clock for the Giveaway.
3. Who Can Enter: The Giveaway is open to all legal residents of the United States and the District of Columbia who are at least 18 years or older at the time of entry (nineteen (19) years old or older for Alabama and Nebraska residents). Employees of the Giveaway Entities and the immediate family members (defined as parents, parents-in-law, children, siblings and spouse (including common law), regardless of where they reside) of each employee are not eligible to enter the Giveaway or win Giveaway prizes. Any other persons with whom such employees are domiciled are also not eligible to enter the Giveaway or win Giveaway prizes.
4. How to Enter: During the Giveaway Period, enter the Giveaway by visiting www.LittleDebbie.com (the "Website") and following the site's instructions. To enter the Giveaway, each entrant must complete the entry form with all required information (which will include your full name, full address, city, state, telephone number and age on the entry submission page) and agree to the Official Rules. P.O. Boxes are not permitted.
5. Limitations on Entry: There is a limit of one (1) entry per person per twenty-four (24) hours during the Giveaway Period. If more than one entry is received from an entrant in any twenty-four hour period, only the first entry will be included and later entries will be disqualified. Each potential Winner may be required to provide valid and legal proof of identification. All entries must be fully and accurately completed. Use of any automated system to participate in the Giveaway or subvert the entry process is prohibited and will result in disqualification and all associated entries will be void. Giveaway Entities will not be responsible for incomplete, inaccurate, late, or stolen entries or for failure to receive entries due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning of any network, hardware or software, whether originating with sender or Sponsor or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Giveaway, including, without limitation, errors or difficulties which may occur in connection with the administration of the Giveaway, the processing of entries, the announcement of the prize or in any Giveaway-related materials. In the event of a dispute over the ownership of an entry, entries will be deemed to have been submitted by the owner of the ISP account from which they were sent. For these purposes, an ISP account holder shall mean the natural person(s) assigned to such ISP account by the Internet access provider, online service provider or other organization responsible for assigning ISP addresses for the domain associated with such ISP account. Any questions regarding the number of entries submitted or the owner of an ISP account shall be determined by Sponsor in its sole discretion, and Sponsor reserves the right to disqualify any entries by persons determined to be tampering with or abusing any aspect of the Giveaway.
6. Selection of Winners: Twenty (20) Monthly First Prize Winners (each a “Winner) will be chosen in a random drawing to take place within five business days after the close of each Monthly Entry Period, from all eligible entries received during said Monthly Entry Period. Twenty (20) Monthly Second Prize Winners (each a “Winner) will be chosen in a random drawing to take place within five business days after the close of each Monthly Entry Period, from all eligible entries received during said Monthly Entry Period. Within five business days of the end of the Giveaway Period, Sponsor will randomly select one (1) entry from all eligible entries received during the Giveaway Period to win the Grand Prize (the “Grand Prize Winner” and a “Winner.”) Monthly First Prize Winners and Monthly Second Prize Winners are not eligible to win additional monthly prizes, but Monthly First Prize Winners and Monthly Second Prize Winners are eligible to win the Grand Prize. All decisions concerning the award and elements of each prize are solely within the discretion of Sponsor. All non-winning entries from previous Monthly Entry Periods will be rolled over into subsequent Monthly Entry Periods. Odds of winning depend upon the number of eligible entries received.
7. Prize Details:
Grand Prize : The Grand Prize Winner will win a five night, six day trip to The Lodge at Buckberry Creek for him/herself and one guest. The Grand Prize includes five (5) nights in a Grand Suite; five (5) breakfasts (maximum value of $12 per person) and five (5) dinners (maximum value of $50 per person) at the Restaurant at the Lodge at Buckberry Creek for the Grand Prize Winner and his/her guest during their stay, during regularly scheduled dining hours,; admission to two (2) special attractions for the Grand Prize Winner and his/her guest, booked with the assistance of The Lodge at Buckberry Creek concierge and subject to availability, with a maximum value of $100 each; one (1) day hiking and sightseeing tour of the Great Smoky Mountains National Park, booked with the assistance of The Lodge at Buckberry Creek concierge and subject to availability; coach round-trip air transportation for two (2) from an airport reasonably close to the Grand Prize Winner’s city of residence to Knoxville, Tennessee (or, in the alternative, if the Grand Prize Winner lives within driving distance of The Lodge at Buckberry Creek and chooses to use his or her own transportation, $500 in cash for traveling expenses), and a compact rental car for six days, which will not be provided if the Grand Prize Winner elects to use his or her own transportation. Airport, rental car and airline baggage fees for one (1), non-overweight checked bag per person are included. All travel arrangements will be made by a designated Sponsor representative whose decisions regarding the itinerary are final. Selection of airline and airport shall be at the discretion of Sponsor or its designee. Grand Prize Winner and his or her travel companion must have valid travel documents prior to departure, and failure to do so may result in forfeiture of the Grand Prize. The Grand Prize Winner is solely responsible for satisfying all legally required conditions of travel. Sponsor is not liable for any expenses incurred as a consequence of flight cancellation or delay or any weather or airline issues that prevent the Grand Prize Winner from traveling, in which event any missed portion of the Grand Prize trip is forfeited in its entirety and no substitution will be provided. All other expenses not specified above, including, but not limited to, additional meals, beverages, hotel activities, minibar fees, gratuities, incidentals, service charges, surcharges, rental car and travel insurance, change-of-ticket fees, unspecified taxes, and other transportation are the sole responsibility of the Grand Prize Winner. Travel must be booked by August 31, 2016 and must be completed by August 1, 2017. Dates are subject to availability. Blackout dates apply, including, but not limited to during the month of October certain holidays and special events. The Grand Prize Winner is encouraged to book early. The Grand Prize is valued at approximately $4,170. Final actual value may vary at time of booking, and travel may be more or less depending on point of origin and ticket availability. Any unused portion of the prize, is not transferable or exchangeable and cannot be redeemed as cash.
Monthly First Prizes : Each of the one hundred (100) Monthly First Prize Winners will receive one (1) America the Beautiful 2016 - National Parks and Federal Recreational Lands Annual Pass, to be used at participating National Parks within the United States, each of which is valued at $80.00. Each pass will be validated no earlier than five (5) business days before being shipped. Passes are valid for one (1) full year from month of issuance (through the last day of that month). Passes are non-refundable, non-transferable and cannot be replaced if lost or stolen. Passes cover entrance fees or standard amenity fees at sites managed by USDA FS, NPS, USFWS, BLM and Reclamation. Standard terms and conditions apply to all passes, see http://store.usgs.gov/pass/index.html for details. In addition, each federal recreational land has its own rules and regulations. It is each Monthly First Prize Winner’s sole responsibility to comply with all pass terms and conditions as well as the additional rules and regulations of each federal recreation site where the pass is used. Passes are NON-REFUNDABLE, NON-TRANSFERABLE, and cannot be replaced if lost or stolen. Monthly Second Prizes : Each of the one hundred (100) Monthly Second Prize Winners will receive one (1) copy of the National Geographic The National Parks illustrated history book, valued at fifty dollars ($50) per book.
Total ARV of all prizes is $17,170.00. Final actual value may vary. Taxes on prizes are the responsibility of the Winner. An IRS 1099 will be issued to the Grand Prize Winner. Prizes are non-transferable, non-exchangeable, have no cash value, and cannot be substituted or replaced if destroyed, lost, mutilated, or stolen. Sponsor makes no warranties or disclaimers concerning any prize beyond those customarily given by the manufacturer of the prize. All prize details are at Sponsor’s sole discretion. Sponsor reserves the right to substitute alternative prizes of greater or equal value if for any reason the prize becomes unavailable. Any difference between the stated ARV and the actual ARV will not be awarded.
8. Awarding of Prize: If your entry has been drawn as the Grand Prize Winner, you will be contacted within two (2) weeks after the drawing by telephone, email or mail, per the information indicated in your online entry form, to confirm your entry and eligibility and arrange for delivery of the Grand Prize. If your entry has been drawn as a Monthly First Prize Winner or a Monthly Second Prize Winner, you will be notified within seven (7) days of the applicable drawing.
To be confirmed a Winner of any prize, you may be required to complete and return an affidavit of eligibility and release form (except where prohibited) before being awarded your prize. In addition, the Grand Prize Winner’s travel companion, or parent/legal guardian if the travel companion is a minor, may also be required to complete a Liability and Publicity Release in order to participate in the Grand Prize. If a Winner does not meet all eligibility requirements, has not complied with these Official Rules, cannot be contacted, does not respond within seven (7) days from the date Sponsor first tries to notify him/her, and/or the prize notification is returned as undeliverable, such Winner forfeits all rights to claim or receive the prize and an alternate Winner will be selected using the methods described above. By accepting any prize, the Winner acknowledges compliance with these Official Rules. If any prize is not won and claimed by an eligible Winner in accordance with these Official Rules, it will not be awarded and will remain the property of Sponsor. All Monthly First Prizes and Monthly Second Prizes will be mailed through the U.S. Postal Service or other ground delivery method to the street address indicated on the Winner's entry form within fourteen(14) days of the Winner’s confirmation, provided that the Winner's confirmation of notification is received in a timely manner. PRIZES ARE AWARDED AS IS AND WITHOUT CONDITION, WARRANTY, GUARANTEE OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).
If a potential Winner is at least eighteen (18) but still considered a minor in his/her jurisdiction of residence, a prize may be awarded in the name of his/her parent or legal guardian, who will be responsible for fulfilling all requirements imposed on winner set forth herein.
10. Publicity: Acceptance of any prize constitutes permission for the Giveaway Entities to use the Winner's name, likeness, photo, voice and comments for advertising and promotional purposes worldwide in any media without limitation and without additional compensation unless prohibited by law. The Grand Prize Winner may be required to submit a photograph of him or herself to be used for publicity purposes.
11. Disqualification: The following are prohibited and will result in automatic disqualification from the Giveaway: (1) using any method that artificially increases odds of winning, including without limitation internet bots, web robots, www robots or any other type of bots; (2) non-compliance with these Official Rules; and (3) any other act that the Giveaway Entities determine, in their sole discretion, jeopardizes the integrity of the Giveaway.
12. Release of Liability: By entering the Giveaway, each entrant (a) agrees to be bound by these Official Rules and the decisions of Sponsor or its designees, which shall be final and (b) agrees to release and to hold the Giveaway Entities, and their respective parents, shareholders, directors, officers, employees, representatives, agents, affiliates, subsidiaries, and legal advisors, harmless against any and all claims, losses, rights, liabilities and damages, and actions of any kind arising out of their participation in the Giveaway and/or the acceptance and use of any prize (including without limitation any travel or activity related thereto). The foregoing release includes, but is not limited to, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy. Under no circumstances shall any of the Giveaway Entities have any liability or responsibility for: (1) incorrect or inaccurate entry information, or faulty, failed, garbled or jumbled electronic data transmissions; (2) any unauthorized access to or theft, destruction or alteration of entries at any point; (3) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilized in any aspect of the Giveaway; (4) inaccessibility or unavailability of the Internet or a Giveaway site or any combination thereof; (5) any injury or damage to a participant’s or to any other person's computer, tablet, mobile device or other electronic device that may be related to or result from any attempt to participate in the Giveaway or download any materials in the Giveaway; or (6) any typographical error or other error in these Official Rules or in any other communication relating to the Giveaway. All entries become the property of Giveaway Entities.
13. Arbitration/Choice of Law: Except where prohibited by law, participants agree that any and all disputes, claims and causes of action arising out of or connected with this Giveaway shall be resolved exclusively by arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association then effective, and any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred by entrant with regard to this Giveaway, excluding in all events attorneys’ or other related fees and punitive, exemplary, incidental, consequential or other damages. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants and Sponsor in connection with the Giveaway shall be governed by and construed in accordance with the laws of the State of Virginia, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Virginia or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision so long as the general intent of these Official Rules remains in effect. In the event that any such provision is determined to be invalid or otherwise unenforceable, these Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision were not contained therein.
14. General Terms and Conditions: Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to this Giveaway. This Giveaway is void where prohibited by law. The Giveaway is subject to all applicable federal, state, and local laws and regulations. Winning a prize is contingent upon fulfilling all requirements as set forth herein. Sponsor is not liable for any injury or damage to an entrant’s or any other person’s computer or its contents related to or resulting from participation or downloading any materials in this Giveaway, or other technical difficulties or failures or other errors of any kind. Sponsor reserves the right to disqualify persons found tampering with or otherwise abusing any aspect of this Giveaway as solely determined by Sponsor. In the event the Giveaway is compromised by a virus, nonauthorized human intervention, tampering or other causes beyond the reasonable control of Sponsor which corrupt or impair the administration, security, fairness or proper operation of the Giveaway, Sponsor reserves the right in its sole discretion to suspend, modify or terminate the Giveaway. Should the Giveaway be terminated prior to the end of the Giveaway Period, Sponsor reserves the right to award prizes based on the nonsuspect, eligible entries received before the termination date. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS GIVEAWAY MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
15. Disclaimer: Sponsor disclaims any sponsorship or endorsement by and any affiliation with the provider(s) of the prizes.
16. Winners’ Names and Official Rules: To obtain a winner’s list and/or a copy of these Official Rules by mail, mail a self-addressed stamped envelope to Official Rules or Winners’ List, National Parks Adventure Giveaway, 10260 McKee Road, Collegedale, TN 37315. Mail must be received by 12:00 PM ET on August 31, 2016.