| 1. |
PROMOTION PERIOD: Starting August 6, 2008 at 9:00:00 AM Central Time (“CT”) and ending November 30, 2008 at 11:59:59 PM CT (the “Promotion Period).
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| 2. |
ELIGIBILITY: To enter and be eligible to win, you must be a legal resident of the 50 United States or Washington, D.C., be 18 years of age or older, and have a valid email address. Persons in any of the following categories are NOT eligible to participate or win prizes: (a) any person who, at any time on or after August 6, 2008, was or is a director, officer, or employee of Del Monte Corporation (the “Sponsor”), or its parent, subsidiaries, franchisees, or service agencies; (b) individuals engaged in the development, production or distribution of materials for the Promotion or engaged in the administration or execution of this Promotion (collectively with the entities in 2(a), the “Promotion Entities”), and (c) persons who are or purport to be immediate family members (defined as biological or step-mother, father, sister, brother, daughter, son or dependent or spouse of any of the foregoing) of any person in any of the preceding categories, regardless of where they live, or who reside in the same household (i.e., live in the same household for at least 3 of the 12 months preceding the start of the Promotion Period, whether related or not) as any person in any of the preceding categories. Void outside the 50 United States and the District of Columbia and where prohibited by law. Promotion is subject to all applicable federal, state and local laws.
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| 3. |
HOW TO ENTER & PLAY: Enter at www.MeowMix.com, read and accept these Official Rules and follow the instructions to register and you will be automatically entered upon completion of an eligible registration. Limit of one registration per person per email address per week. If it is discovered that you have registered or attempted to register more than ONCE per week using one or more names or email addresses, all of your entries will be declared null and void, you will be disqualified and any prize you might have been entitled to receive will be forfeited. When you return to the site after your initial registration, you will not need to register again, but you will need to log-in to receive an entry. Limit: one (1) entry per person per email address per week.
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| 4. |
RANDOM SWEEPSTAKES DRAWS: On or about December 12, 2008, the Promotion Judges will randomly draw one hundred and ninety-four (194) eligible entries (“Potential Winners”) from among all eligible entries received during the Promotion Period. The one hundred and ninety-four (194) prizes will be drawn for in the order they appear in the table in Section 5 below. The odds of winning a prize depend on the total number of eligible entries received for the entire Promotion Period. Limit: one (1) Prize per person and per household.
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| 5. |
PRIZES: the prizes available to be won are:
| Total Number Available |
Prize Description |
Approximate Retail Value |
| 1 |
Home Theater (Flatscreen TV, Blu-ray* DVD Player, Surround Sound, Cat Tower, Heated Window Sill Cat Seat, Ball Tree Toy) |
$5,000.00 |
| 3 |
Flatscreen TV + one (1) Heated Window Sill Cat Seat |
$1,000.00 |
| 5 |
Blu-ray DVD Player + one (1) Ball Tree Toy |
$500.00 |
| 10 |
Portable DVD Player + one (1) Ball Tree Toy |
$250.00 |
| 25 |
$50 Best Buy** Gift card + one (1) Regular Window Sill Cat Seat |
$100.00 |
| 50 |
$25 Best Buy Gift Card + one (1) Kitty Hoots*** Catfisher Fishing Rod & Reel |
$50.00 |
| 100 |
$20 Best Buy Gift Card + one (1) Kitty Bongo Ball |
$25.00 |
Total approximate retail value of prizes available to be won: $20,500.00. Winner acknowledges that Promotion Entities have not 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 any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Any and all warranties and/or guarantees on a prize (if any) are subject to the respective manufacturers’ terms therefore, and Winners agree to look solely to such manufacturers for any such warranty and/or guarantee.
Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Prizes are not transferable or redeemable for cash and must be accepted as awarded, with no substitutions of any kind, except by the Sponsor, who reserves the right to substitute a prize (or portion thereof) of comparable or greater value, at its sole discretion. Taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided, including any costs of installation, are the Winner’s responsibility. All prize details are at the Sponsor’s sole discretion. All gift cards/certificates are subject to the terms and conditions stated thereon.
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| 6. |
HOW TO CLAIM YOUR PRIZE: All prizes with a value of $599 or less will be automatically mailed to the Winner’s address as provided in the registration form. Potential Winners of prizes with a value of $600 or more will each be contacted by traceable method of delivery with instructions on how to claim their prize. Prizes won by persons who are eligible entrants but considered minors in their state of residence may be awarded to a parent or legal guardian who must execute and return all required documentation outlined herein and otherwise comply with all requirements imposed on Winners set forth herein. If a Potential Winner is found to be ineligible, declines to accept a prize, or Sponsor is unable to contact a Potential Winner within a reasonable period, or in the event that a prize confirmation or prize is returned as undeliverable, the prize will be forfeited and, at the Sponsor’s sole discretion, prize may be awarded to an alternate Winner for the drawing at issue. Potential Winners (or parent/legal guardian where applicable) may be required to furnish proof of identification. Before being declared a Winner, a Potential Winner (or parent/legal guardian where applicable) will be required to execute and return an Affidavit of Eligibility/Liability & Publicity Release (unless prohibited by law) and a W-9 form within seven (7) business days from the time it is postmarked as having been sent by the Sponsor or its representative, or the prize will be forfeited and, at Sponsor’s discretion, awarded to an alternate Winner for the drawing at issue.
Allow 6 to 8 weeks for verification and shipment of your prize after verification. Promotion Entities shall not be held responsible for any delays in awarding prizes for any reason outside of their control. Prizes will be delivered to only verified Winners.
By accepting a prize, Winners consent to the use of their names, addresses (cities and states), voices, and statements relating to the Promotion or Sponsor, and photographs or other likenesses, without further compensation, notification or permission in any publicity or advertising carried out by Sponsor or its designees in any and all media now known or hereafter developed without territorial or time limitation, except where prohibited by law.
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| CONDITIONS OF ENTRY: |
| 7. |
By entering, entrants (i) acknowledge compliance with these Official Rules including all eligibility requirements and, (ii) agree to be bound by the decisions of the Sponsor and/or Promotion Judges, made in their sole discretion, which shall be final and binding in all matters relating to this Promotion. Entrants who have not complied with these Official Rules are subject to disqualification and all associated registrations/entries will be void.
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| 8. |
Promotion Entities are not responsible for late, lost, damaged, stolen, misdirected, mutilated, garbled, illegible, incomplete, or inaccurate registrations or entries. Proof of transmission (screenshots or captures, etc.) does not constitute proof of delivery. All entries become the property of Sponsor and in no case shall be returned to sender.
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| 9. |
Sponsor reserves the right to disqualify any entrant’s registration in the Promotion (and void all associated entries) or entitlement to a prize, if, in the sole discretion of the Sponsor, it determines or suspects that the entrant has attempted to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or other fraudulent, deceptive or unfair playing practices (including any entries generated by script, macro, robotic, programmed, or any other automated means).
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| 10. |
If a dispute arises regarding who submitted an entry, the entry will be deemed to be submitted by the authorized account holder of the email address provided at time of entry and he/she must comply with these Official Rules. Authorized account holder is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address.
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| 11. |
As a condition of entering, entrants agree: (a) to release Promotion Entities from any and all liability, loss or damage incurred with respect to participating in the Promotion or the awarding, receipt, possession, and/or use or misuse of any prize, (b) that under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Promotion, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.
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| PROMOTION OPERATION: |
| 12. |
Sponsor reserves the right in its sole discretion to cancel, modify or suspend this Promotion (or any portion thereof) at any time, if fraud, technical failures, including any network server or hardware failure, viruses, bugs, errors in programming, or any other errors or other causes corrupt the administration, security, integrity or proper play of the Promotion. If terminated, Sponsor may, at its discretion, conduct a random drawing to award the prizes from among all non-suspect, eligible entries received up to time of such action.
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| 13. |
Promotion Entities do not warrant that access to the Promotion will be uninterrupted. Promotion Entities are not responsible for any problems that may arise, including but not limited to: (a) lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, Web sites, or other connection, availability or accessibility problems arising in connection with or over the course of the Promotion; or (b) communications failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions or hardware or software malfunctions, failures or difficulties; or (c) failure of personal computers and/or software and hardware configurations, any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other error in the offering or announcement of any prize or in any prize notification documents or any other Promotion-related materials; or (d) for any other errors of any kind relating to or in connection with the Promotion, whether human, mechanical, clerical, electronic, or technical in nature, including, but not limited to, errors which may occur in connection with the administration of the Promotion or the processing of entries; or (e) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Promotion; or (f) damage to a user's system occasioned by participation in this Promotion or downloading any information necessary to participate in this Promotion.
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| 14. |
Any attempt by an entrant or other individual to deliberately damage any website or undermine the legitimate operation of this Promotion, including but not limited to any fraudulent claims, is a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages (including attorneys’ fees) from any such individual to the fullest extent permitted by law, including criminal prosecution. Entrant engaging in any of the foregoing activities may be disqualified, all associated registrations/entries will be void and entrant will forfeit any prize(s) won.
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| 15. |
In the event of any conflict with any Promotion details contained in these Official Rules and Promotion details contained in point of sale, television and print advertising, promotional packaging, and other promotion media (“Promotion Materials”), the details of the Promotion as set forth in these Official Rules shall prevail. Prizes pictured in Promotion Materials are for illustrative purposes only. Actual prize(s) may vary from the prize(s) pictured. The approximate retail values (“ARV”) of prizes as stated by Sponsor in the Promotion Materials and/or in these Official Rules are subject to price fluctuations in the consumer marketplace. If, at the time a prize is redeemed or awarded, the actual prevailing retail purchase price for the prize is less than the ARV stated by the Sponsor in Promotion Materials, and/or in these Official Rules, the prize winner will not be entitled to a check or cash for the price difference.
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| 16. |
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the substantive laws of the State of California without regard to California conflicts of law principles. All entrants consent to the jurisdiction and venue of the State of California.
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| 17. |
The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. In particular, Sponsor’s employees are not authorized to waive, modify or amend any provision or provisions of these Official Rules in any manner whatsoever.
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| 18. |
This Promotion is solely sponsored by Del Monte Corporation, One Market @ The Landmark, San Francisco, CA 94105.
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| 19. |
For a list of the major prize Winners, send a self-addressed postage stamped envelope to: “Meow Mix “Think Like A Cat” Sweepstakes Promotion – Winners’ List”, P.O. BOX 1581, South Bend, IN 46634-1581, to be received by February 27, 2009. Winners list will be sent after prizes have been awarded.
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| 20. |
To review our privacy policy, please visit our web site at www.delmonte.com to see how we use personal information obtained in connection with this Promotion.
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*Blu-ray is a registered trademark of: BLU-RAY DISC ASSOCIATION NONPROFIT MUTUAL BENEFIT CORPORATION CALIFORNIA
**Best Buy is a registered trademark of: Best Buy Enterprise Services, Inc.
***Kitty Hoots is a registered trademark of: Fat Cat, Inc.
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