The Tale of Despereaux Sweepstakes Official Rules
No Purchase Necessary to Enter or Win
Open only to legal residents of the 50 United States and the District of Columbia who are 18 years
of age or older as of date of entry. Void in Puerto Rico, all U.S. territories and possessions, overseas
military installations and where prohibited.
1. PROMOTIONAL PERIOD: The Tale of Despereaux Sweepstakes (“Sweepstakes”) begins at 12:00 a.m. E.T. on November 15, 2008 and ends at 11:59:59 p.m. E.T. on January 15, 2009 (“Promotional Period”).
2. HOW TO ENTER: During the Promotional Period, visit www.nutellausa.com and complete the online entry form to enter the Sweepstakes. Entries must be submitted by 11:59:59 p.m. E.T. on January 15, 2009, to be eligible for the random drawing. Limit one entry per person/email address. Use of computer programs and/or other automated devices to enter Sweepstakes is prohibited. Normal Internet access and usage charges imposed by your on-line service will apply.
3. RANDOM DRAWING: This Sweepstakes will have one (1) random drawing. The entrants selected as winners must comply with all terms and conditions set forth in these Official Rules, and winning is contingent upon fulfilling all such requirements. Winners will be selected in a random drawing from among all eligible entries received. The drawing will be conducted on or about February 5, 2009, by Don Jagoda Associates, Inc., an independent judging organization whose decisions are final and binding in all matters relating to the Sweepstakes. Odds of winning depend on the total number of eligible entries received.
4. PRIZES: ONE GRAND PRIZE: The Grand Prize shall consist of a screening for the winner and up to one hundred fifty (150) guests of an advance screening of an upcoming family Universal Pictures (“Universal”) theatrical release (specific title to be selected at sole discretion of Universal) at a theater (or other suitable location as determined by the Sponsor and/or Universal) in or near the winner’s hometown in the U.S. (“Screening”). Specific date, time and location of Screening is at the sole discretion of the Sponsor based on Universal’s scheduling options. If the potential Grand Prize winner is unable to attend the Screening on the date specified by Sponsor prize may be forfeited in its entirety and an alternate winner selected at sole discretion of Sponsor, if time permits. Prize consists of Screening only. Transportation to and from the Screening, concession items and any other expenses not specified herein are the responsibility of the Grand Prize winner and his or her Screening guests. Guests must be age appropriate for the Screening. The approximate retail value (“ARV”) of the Grand Prize is $2,000 . In the event the winner or any of his or her guests engage during the Screening in behavior that (as determined by Universal or theater management in Universal's or theater management’s sole discretion) is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Universal or theater management reserves the right to terminate the Screening early, and send the winner and/or his or her guests home with no further compensation. FIRST PRIZES (15): A Universal Studios Gift Bag comprised of suitable item(s) selected at sole discretion of Universal (ARV $25.00 each). SECOND PRIZES (50): A set of 2 Nutella Mugs (ARV $15.00 each). Prizes will be awarded and potential winners will be notified by e-mail, mail and/or phone. First and Second Prize winners will be automatically sent their prizes within 6 to 8 weeks after the Sweepstakes ends. Prizes are nontransferable and must be accepted as awarded. No cash or other substitution may be made, except by Sponsor in the event that a prize cannot be awarded for any reason, in which case, Sponsor will award prize of equal or greater value.
5. ELIGIBILITY: Sweepstakes is open to legal residents of the 50 United States and the District of Columbia, who are 18 years of age or older as of date of entry. Employees of Ferrero U.S.A., Inc., Universal City Studios LLLP, their respective affiliates, subsidiaries, advertising and promotional agencies and the immediate family members of each such employees, and all those with whom such employees are domiciled (whether related or not), are NOT eligible. Void in Puerto Rico, all U.S. territories and possessions, overseas military installations and where prohibited or restricted by law. Subject to all federal, state and local laws and regulations.
6. GENERAL RULES: All taxes, if any, are the responsibility of the individual winners. Potential Grand Prize winner will be required to sign and return a notarized Affidavit of Eligibility, Liability Release, and where legal, a Publicity Release within ten (10) days of notification attempt. Noncompliance within this time period will result in disqualification and another winner selected in the place of the disqualified person at random from all eligible entries received. Prize or prize notification returned as non-deliverable will result in disqualification and an alternate winner selected. By accepting a prize, winners agrees that the Sponsor and those acting under the Sponsor's authority, may use winners’ names, pictures/portraits likenesses and/or voices, for advertising and promotional purposes without further consideration, unless prohibited by law. Entrants agree to be bound by these Official Rules and the decisions of the judges. BY ACCEPTING A PRIZE, WINNER AGREES THAT THE SPONSOR, ITS SUBSIDIARIES, AFFILIATES, ADVERTISING AND PROMOTION AGENCIES, AND ALL OF THE SPONSOR'S OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE HELD HARMLESS BY WINNER FOR ANY LIABILITY FOR ANY INJURY, LOSS OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING DEATH, AND PROPERTY, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE OR PARTICIPATION IN THIS SWEEPSTAKES OR PARTICIPATION IN ANY SWEEPSTAKES OR PRIZE RELATED ACTIVITY. All entries become the sole property of Sponsor and none will be acknowledged or returned. In the event of a dispute, entries made by Internet will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry. The "authorized account holder" is deemed the natural person who is assigned to an e-mail address by an Internet access provider, service provider or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. If for any reason the Sweepstakes is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, human error or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor reserves the right in its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes and award prizes from among all eligible entries received prior to cancellation or termination. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site, any combination thereof, or otherwise, including any injury or damage to entrant's or any other person's computer related to or resulting from participation or downloading any materials in the Sweepstakes. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
7. WINNERS LIST: For a list of winners, visit www.nutellausa.com from March 1, 2009 to March 31, 2009.
8. SPONSOR/ADMINISTRATOR: The Sponsor of this Sweepstakes is Ferrero U.S.A., Inc., 600 Cottontail Lane, Somerset, NJ 08873. The Administrator of this Sweepstakes is Don Jagoda Associates, Inc., whose address is 100 Marcus Drive, Melville, NY 11747.