Smokey Doll Drawing Official Rules
Sponsored and Administered by The Advertising Council, Inc. (“Ad Council” or “Sponsor”), 815 Second Avenue, New York, NY 10017.
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
- Eligibility: The Smokey Doll Drawing (the “Promotion”) is open only to legal residents of the fifty (50) United States and the District of Columbia who (i) are at least eighteen (18) years old at the time of entry and (ii) complete the survey during the Promotion Period (as defined below). Employees of Sponsor and any immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. Subject to all applicable federal, state, and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor decisions, which are final and binding in all matters related to the Promotion. LIMIT: One entry per person.
- Timing: The Promotion begins at 12:00pm Eastern Time (“ET”) on August 12, 2013 and ends at 12:00pm ET on September 9, 2013 (the “Promotion Period”). Sponsor’s computer is the official time-keeping device for the Promotion.
- How to Enter: During the Promotion Period, (1) provide a valid email address where you can be contacted if you win. This email address will be used only for Promotion-related communication and will not be otherwise saved or shared; and (2) take the survey. Doing this will generate one (1) entry into the Promotion. Survey answers will only be reviewed in the aggregate and will not be associated with any personal or identifying information of entrants. Content of survey responses does not affect chances of winning.
- Prizes and Winner Selection: There will be a total of five (5) prizes awarded during the Promotion, each an identical “Smokey Bear” doll (approximate retail value: $7.60). A random, computerized drawing for the prizes will be conducted by Sponsor from among all eligible entries received during the Promotional Period. The odds of being selected depend on the number of entries received. All expenses and costs associated with the acceptance or use of the prizes that are not expressly specified in these Official Rules as being part of the prize are the sole responsibility of the winner. All federal, state and local taxes on prize value are the sole responsibility of the winner. Prizes are non-transferable. Sponsor reserves the right to substitute a prize of equal or greater value in its sole discretion. Prizes will be mailed to the address given to Sponsor by the winners approximately 6-8 weeks after the close of the Promotion and receipt of the physical address.
- Notification and Requirements of Potential Winners: The potential winners will be notified via the email address provided with their entry. If a potential winner does not respond within forty eight (48) hours of notification, or does not respond in full as requested by the notification, he/she forfeits prize. If a potential winner cannot be notified for any reason (e.g., their account has been deleted), he/she forfeits the prize. A maximum of three (3) alternate entrants will be contacted per prize. Except where prohibited, a potential winner may be required to complete and return an affidavit of eligibility and liability/publicity release.
- Release: By participating you agree to release and hold harmless Sponsor and its affiliates, contractors, and agents, and each of their directors, officers, employees and assigns (collectively, the “Released Parties”), from and against any and all claims and liability, whether known or unknown, foreseen or unforeseen, against the Released Parties arising out of participation in the Promotion or use or misuse or redemption of any prize, including but not limited to, personal injury, death, or damage to or loss of property. Winner assumes all liability for any injury or damage caused, or claimed to be caused, by participation in this Promotion or use or redemption of any prize.
- Limitation of Liability. Sponsor is not responsible for any typographical or other error in the printing of any Promotion-related materials, the administration of the Promotion or the announcement of any prize. Sponsor is not responsible for incomplete, lost, late, damaged, illegible, delayed, corrupted or misdirected e-mail or submissions, or for any technical problems, malfunctions of any telephone lines, computer systems, servers, providers, hardware or software, lost or unavailable network connections, failed, incomplete, garbled or delayed computer transmission, loss of data or entry information, or any other human or technical errors of any kind, unauthorized human or non-human intervention of the operation of the Promotion, or any combination of any of the foregoing. Sponsor is not responsible for undeliverable e-mails or messages resulting from any form of active or passive e-mail or messaging filtering by a user’s Internet service provider and/or e-mail client or for insufficient space in user’s e-mail account to receive e-mail. Sponsor is not responsible for any liability for damage to any computer system resulting from participation in or accessing or downloading information in connection with this Promotion.
- General Terms. Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if (a) any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion or (b) there are insufficient entries. In such event, Sponsor reserves the right in its sole discretion to award the prizes from among the eligible submissions received up to the time of the impairment, if a sufficient number of qualified and eligible submissions have been received. Sponsor reserves the right in its sole discretion to disqualify any individual found to be tampering with the entry process or the operation of the Promotion, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
- Disputes. You agree that (a) any and all disputes, claims, and causes of action arising out of or in connection with this Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state court in New York, NY; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees and (c) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim punitive, incidental, and consequential damages, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or your rights and obligations and those of the Sponsor in connection with this Promotion shall be governed by, and construed in accordance with the laws of the State of New York, without giving effect to any choice of law or conflict of law 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 those of the State of New York.
- Winners List. For a winners list, send a self-addressed stamped envelope to: Winners’ List – Smokey Doll Drawing, Ad Council, 815 Second Avenue, New York, NY 10017. All requests for winners list must be received no later than August 6, 2013.
By entering the Promotion, you acknowledge that you are familiar with the provisions of California Civil Code Section 1452, which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM MUST BE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
Accordingly, by entering the Promotion, you (on your behalf and on behalf of your heirs, executors, administrators, personal representatives, predecessors, successors and assigns of any of the foregoing, and all other persons and entities asserting rights of or acting on your behalf) hereby waive and relinquish any right or benefit which you or such persons has, have or may have against Sponsor and the other Promotion parties under Section 1542 of the Civil Code of the State of California, or under any similar statutory or common law of any other jurisdiction to the full extent that any such person may lawfully waive such rights and benefits pertaining to the releases set forth in these Official Rules.