Terms and Conditions
FRUIT SHOOT “MY KENNYWOOD ADVENTURE” GIVEAWAY AT GIANT EAGLE
- NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID ANYWHERE OUTSIDE OF PENNSYLVANIA AND WHEREVER PROHIBITED OR RESTRICTED BY LAW.
- Eligibility: The Fruit Shoot “My Kennywood Adventure” Giveaway (the “Sweepstakes”) is open only to legal U.S. residents currently residing in PA, who are at least eighteen (18) years of age or older at the time of entry. Employees of Britvic North America (“Sponsor”), Kennywood and Giant Eagle, and their immediate families (i.e., parents, spouse, children, siblings, grandparents, stepparents, stepchildren and stepsiblings), and any of their respective affiliated companies, sponsors, subsidiaries, advertising agencies and third party fulfillment agencies (collectively, the “Sweepstakes Entities”) are not eligible to enter the Sweepstakes. By participating in this Sweepstakes, entrants agree to: (a) be bound by these Official Rules and by the interpretations of these Official Rules by Sponsor, and by the decisions of Sponsor, which are final in all matters relating to the Sweepstakes; and (b) release and hold harmless each of the Sweepstakes Entities and their respective agents, employees, officers, directors, successors and assigns, against any and all claims, injuries, or damages, arising out of or relating to participation in this Sweepstakes and/or the use or misuse or redemption of a prize, and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property related cause of action.
- Sweepstakes Period: The Sweepstakes begins at 12:00:00 am Eastern Time (“ET”) on 07/20/15 and ends at 11:59:59 pm ET on 08/30/15 (the “Sweepstakes Period”). Throughout the Sweepstakes Period, there will be six (6) separate entry periods (each an “Entry Period”), as detailed in the Entry Period/Prizes chart below. The computer clock of the Administrator will be the official timekeeping device of this Sweepstakes.
How To Enter: Entries will be accepted via a Facebook Timeline Post, as detailed below. There is a limit of one (1) entry, per person, per Entry Period, throughout the Sweepstakes Period. All entries must be in compliance with these official rules, including, without limitation, the submission requirements (“Submission Requirements”) detailed below.
*All Entries: Entrants should consult their wireless service provider regarding its pricing plans. Message and data rates may apply. Proof of submission of entry does not constitute proof of delivery or entry during an applicable Entry Period. All Entries become the property of Sponsor and will not be returned. Multiple entrants are not permitted to share the same email address or social media account. Incomplete entries, entries generated by script, macro or other automated means, or entries that do not fully comply with these official rules, including without limitation, the Submission Requirements, or which subvert the entry process, in the sole discretion of Sponsor, will not be eligible. All entries must be received during an applicable Entry Period to be eligible. The computer clock of the Administrator is the official timekeeping device. Each entrant is solely responsible for any and all uses of his/her registered social media accounts. In the event of any dispute concerning the identity of any entrant, the relevant entry will be deemed submitted by the authorized account holder of the applicable social media account used to enter. Any attempt by a participant to obtain more than the allowable amount of Entries, by using multiple/different e-mail addresses and/or social media accounts, identities, or any other online methods, may void all of such participant’s Entries, in Sponsor’s sole discretion.
ENTRY PERIOD/PRIZES CHART
ENTRY PERIOD # ENTRY DATES DRAWING DATE PRIZE QTY ARV 1 7/20 – 7/26 7/27/15 One (1) one hundred dollar ($100) Giant Eagle Gift Card 1 $100 2 7/27 – 8/2 8/3/15 One (1) one hundred dollar ($100) Giant Eagle Gift Card 1 $100 3 8/3 – 8/9 8/10/15 One (1) one hundred dollar ($100) Giant Eagle Gift Card (2 winners) 2 $200 4 8/10 – 8/16 8/17/15 One (1) one hundred dollar ($100) Giant Eagle Gift Card (2 winners) 2 $200 5 8/17 – 8/23 8/24/15 One (1) one hundred dollar ($100) Giant Eagle Gift Card (2 winners) 2 $200 6 8/24 – 8/30 8/31/15 VIP Family Adventure Pack to Kennywood Park including family 4-pack of Kennywood tickets with the VIP Kenny Zoo Tour & a Behind the Scenes Tour 1 $200 TOTAL: 9 $1,000
- Submission Requirements:
Entries must, in Sponsor’s sole discretion:
- Be written in English;
Entries must NOT, in Sponsor’s sole discretion:
- Contain language/material that, in the sole discretion of Sponsor:
- Disparages any person, Sponsor and/or any of its affiliates’ products, competitors, or any of the Sweepstakes Entities affiliated with sponsoring, promoting or administering this Sweepstakes, or other companies;
- Violates or infringes upon the copyrights, trademarks, or privacy, property, publicity or other intellectual property rights of any person or entity;
- Includes brand names, copyrighted work or trademarks/logos that may infringe on rights of any third party. The Entry may include Sponsor’s brand name, copyrighted works or trademarks/logos, which entrant is hereby granted a limited license to use solely for the purpose of creating and submitting an Entry to this Sweepstakes;
- Is hateful, tortuous, defamatory, slanderous or libelous;
- Promotes bigotry, racism, sexism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Contains any personal identification, such as personal names, phone numbers or e-mail addresses, without permission;
- Promotes illegal drugs or activity;
- Promotes any activities that may appear unsafe or dangerous;
- Is unlawful or in violation of any law;
- Contains any nudity, sexually explicit, lewd, offensive, disparaging or other inappropriate content, as determined by Sponsor;
- Is unsuitable to be entered into this Sweepstakes for any reason whatsoever, at Sponsor’s sole discretion; and/or
- Communicates messages or images inconsistent with the positive images and/or good will to which Sponsor and/or the Sweepstakes Entities wish to associate, in Sponsor’s sole discretion.
- Prize Drawings: On or about one (1) business day after the end of each Entry Period, there will be one (1) random prize drawing (each a “Prize Drawing”), performed from among all eligible Entries received during the applicable Entry Period, in order to select one (1) potential prize winner (two (2) potential prize winners in Entry Periods 3, 4 and 5) (once confirmed, as detailed below, the “Prize Winner(s)”), per Prize Drawing. All Entries from one Entry Period will be eligible for all remaining Prize Drawings. The odds of being selected as a potential Prize Winner depend upon the total number of eligible Entries received throughout the applicable Entry Period.
- Prizes/Approximate Retail Value (“ARV”): There are nine (9) prizes (the “Prize(s)”) available to be awarded throughout the entire Sweepstakes Period. Each Prize winner, once confirmed as detailed below, will receive the Prize applicable to the Entry Period in which they are confirmed as an official Prize winner, as per the Entry Period/Prizes chart above. There is one thousand dollars ($1,000) worth of prizes available to be awarded throughout the entire Sweepstakes Period. In the event there are no eligible Entries for any Prize Drawing, Sponsor retains the right not to award such Entry Period’s Prize. One (1) Grand Prize will be awarded consisting of a VIP Family Adventure Pack to Kennywood Park including family 4-pack of Kennywood tickets with the VIP Kenny Zoo Tour & a Behind the Scenes Tour (ARV: $200). Eight (8) First Prizes will be awarded consisting of a $100 Giant Eagle Gift Card (ARV: $100).
- General Prize Conditions: There is a limit of one (1) Prize per person, throughout the entire Sweepstakes Period. In no event will Sponsor be responsible for awarding more than the above stated amount of Prizes. No travel or other expenses are included with prizes. The actual value of the Prizes may vary depending on fluctuations on current market conditions at the time of prize fulfillment, and other factors, and any difference between the stated ARV and the actual value, if any, will not be awarded. No transfer, substitution or cash equivalent, in whole or in part, will be permitted, except at Sponsor's sole discretion, and only then for a prize of greater or equal value, as determined by Sponsor. All prize details are in Sponsor’s sole discretion. All standard and stated Gift Card terms and conditions apply. Prizes are awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose. Any and all guarantees and warranties on any Prizes are subject to the manufacturer’s terms and conditions, and winners agree to look solely to said manufacturers for any such warranty or guarantee claim.
- Prize Winner Notification/Verification: On or about three (3) to five (5) business days after each Prize Drawing, Administrator will make up to two (2) attempts within ten (10) business days to contact the potential Prize winner via a comment to their post/comment on the Fruit Shoot Facebook page, or via direct message, providing an email address for further correspondence; Potential Prize winners will have five (5) business days from the first notification attempt to send an email to the address provided, or else such potential Prize winner will be disqualified and an alternate potential Prize winner will be notified. Once the potential Prize winner responds to such notification to the email address provided, Administrator will respond to such potential Prize winner and, for all Entry Period Prizes, Administrator will simply request verification and fulfillment information (as necessary). In all instances, potential Prize winners will have another five (5) business days from the time of this second correspondence to provide all requested verification/fulfillment information. If a potential Prize winner fails to do so, such potential Prize winner will be disqualified and an alternate potential Prize winner will be selected from among the remaining applicable Entries for that Prize Drawing. Administrator will reach out to three (3) such alternate potential Prize winners for each Prize, after which, the Prize may go unawarded. Noncompliance, failure to respond within the time specified, failure to respond to notification attempt(s), or return of any prize/prize notification as undeliverable will result in disqualification and an alternate potential Prize winner will be selected. All decisions of Sponsor relating to the Sweepstakes are final.
- General Terms/Limitation on Liability: By entering or being selected as a potential Prize winner, all entrants and the potential/confirmed Prize winners hereby consent to the use by the Sweepstakes Entities of their Entry and all information contained therein including but not limited to, name, likeness, opinions, images, statements, and/or other indicia of persona, and personally identifiable information (collectively “Likeness”), for any and all uses and purposes in any media now known or hereinafter developed throughout the world (including the World Wide Web and on-air) without additional consideration (where legal), consent or prior review, and upon request will provide written consent to such use. Noncompliance with any of these Official Rules may result in disqualification. ANY VIOLATION OF THESE OFFICIAL RULES BY ENTRANTS OR WINNERS THAT WILL BRING SUCH WINNER OR SPONSOR INTO DISREPUTE (IN SPONSOR’S SOLE DISCRETION) MAY RESULT IN SUCH PRIZE WINNER’S DISQUALIFICATION. Sponsor assumes no responsibility for incorrect or inaccurate Entry information, whether caused by any of the equipment or programming associated with or utilized in this Sweepstakes, or by any human error, which may occur in the processing of the Entries in this Sweepstakes. Sponsor is not responsible for any problems or technical malfunction(s) of any telephone network or lines, computer online systems, servers or other services, or providers, computer equipment, software, failure of any e-mail or players on account of technical problems or traffic congestion on the Internet or at any website, including any social media site or application, or any combination thereof, including, without limitation, any injury or damage to participant's or any other person's computer/device related to or resulting from participation. Sponsor is not responsible for any typographical or other error in administration of the Sweepstakes, or in the announcement of the Prize winners. If, for any reason, the Sweepstakes is not capable of running as planned, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes. Should the Sweepstakes be terminated prior to the stated expiration date, notice will be posted as Sponsor sees fit, and the Prizes will be awarded via random drawing from among all eligible Entries received up until the time of termination, or in a manner that is fair and equitable as determined by Sponsor. All interpretations of these Official Rules and decisions by Sponsor are final. No software-generated, robotic, programmed, script, macro or other automated online entries are permitted. Sponsor reserves the right in its sole discretion to disqualify any individual they suspect or find: (i) to have used a software-generated, robotic, programmed, script, macro or other automated online entry; (ii) to have tampered with the entry process or the operation of this Sweepstakes; (iii) to be acting in violation of these Official Rules; (iv) to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or (v) to have provided inaccurate information on any legal documents submitted in connection with this Sweepstakes. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR APPLICATION OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. THE FLORIDA COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE SWEEPSTAKES AND THE LAWS OF THE STATE OF FLORIDA SHALL GOVERN THE SWEEPSTAKES. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS. Entrants agree that the Sweepstakes Entities, and Facebook, Inc., (a) shall not be responsible or liable for, and hereby release the Sweepstakes Entities and Facebook, Inc. from, any claims, losses, damages or injuries of any kind (including death) resulting, in whole or in part, directly or indirectly, from participation in the Sweepstakes or any Sweepstakes-related activity, or from acceptance, receipt, possession and/or use/misuse or inability to use a Prize (or any portion thereof), and (b) have not made any warranty, representation or guarantee, express or implied, in fact or in law, with respect to a prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. The Sweepstakes Entities, and Facebook, Inc. shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused or contributed to (1) by any wrongful, negligent or unauthorized act or omission on the part of any of their agents, servants, employees or independent contractors; (2) by any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Sweepstakes Entities or Facebook, Inc.; or (3) by any other cause, condition or event whatsoever beyond the control of the Sweepstakes Entities and/or Facebook, Inc. Failure of Sponsor to enforce any provision herein shall not be deemed a waiver of such. In the event that any provision of these official rules shall be deemed illegal, such provision shall be removed and replaced with a legal provision that most closely matches the intent of such removed provision, and the remainder of these official rules shall remain in full force and effect. UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANTS HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER. IN NO EVENT SHALL SPONSOR BE LIABLE TO ANY ENTRANT OR WINNER FOR DAMAGES THAT EXCEED THE VALUE OF THE PRIZE TO BE AWARDED TO THE INDIVIDUAL ENTRANT IN THIS SWEEPSTAKES.
- Request for the Names of Winners: For the names of the Prize winners, available after the Sweepstakes Period has ended, send a self-addressed stamped envelope, to be received by 10/01/15, to Fruit Shoot “My Kennywood Adventure” Giveaway, c/o Britvic North America, 1 Alhambra Plaza, Suite 1150, Coral Gables, FL 33134.
- Administrator: Oliver Marketing Inc., 801 Brickell Avenue, Suite 900, Miami, FL 33131.