NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
ENTRY VIA TWITTER ONLY AND TWITTER ACCOUNT AND INTERNET CONNECTION REQUIRED. TWITTER ACCOUNT MUST BE ON PUBLIC SETTING TO BE ELIGIBLE TO PARTICIPATE. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH TWITTER, INC. (“TWITTER”) OR FERRERO U.S.A., INC. (“FERRERO”).
A MOBILE DEVICE/SMARTPHONE IS NOT REQUIRED TO PARTICIPATE IN THIS SWEEPSTAKES, BUT IF A MOBILE DEVICE/SMARTPHONE IS UTILIZED TO PARTICIPATE IN THIS SWEEPSTAKES, CARRIER’S STANDARD DATA RATES APPLY.
Promotion Description: By participating in the February 26, 2015 #TicTacMystery Twitter Party (the “Sweepstakes”) taking place in connection with the Twitter address @SITSGirls (“Site”), each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sway Group LLC (“Sponsor”), located at 1744 West School Street, Chicago, IL 60657, which shall be final and binding in all respects. Site is responsible for the collection, submission or processing of entries and the overall administration of the giveaway. Entrants should look solely to Sponsor with any questions, comments or problems related to the Sweepstakes.
Eligibility: Open to legal residents of the U.S. who are physically located in the United States or the District of Columbia who are of the legal age of majority in their jurisdiction of primary residence, usually a minimum of 18 years old but 19 or 21 in some states. Proof of residency and age may be required. Sponsor, along with the advertising and promotion agencies involved in this Sweepstakes, and Ferrero, as well as each of their parent companies, and affiliates, and all of their respective sales representatives, members, officers, directors, employees and contractors (including participating bloggers) (collectively, the “Promotion Entities”), and members of all of their immediate families (defined as parent, sibling, spouse or child; whether biological, adopted, step or in-law) and/or persons living in the same household as such persons, are ineligible to enter the Sweepstakes or win a prize. Void in all jurisdictions other than the fifty United States or the District of Columbia, and where prohibited by law. All federal, state, and/or local laws, rules and regulations apply.
Entry: No purchase necessary to enter or win. A purchase will not improve your chance of winning. There will be Twitter party on the Site (the “Twitter Chat”) that begins at 11:00 am EST on February 26, 2015 and ends at 12:00 pm EST on February 26, 2015 (“Entry Period”). Sponsor’s clock shall be the official timekeeper for the Sweepstakes. To participate and enter this Sweepstakes, eligible entrants will need their own Twitter account (“Account”). If you don’t already have an Account, visit www.twitter.com (the “Twitter Site”) to create an Account. Anyone found to use another party’s Account or multiple Accounts to enter will be disqualified. By submitting your information and creating an Account, you will be required to agree to the Twitter terms of service and privacy notice. If you do not agree to Twitter’s terms of service and privacy notice you cannot create an Account or participate in this Sweepstakes. Once you have an Account, during the Entry Period you must: (i) be present during the Twitter Chat, (ii) participate in the Twitter Chat by posting an original post or “Tweet” (retweets don’t count as entries) during the Twitter Chat that is an “Appropriate Response” (defined below) to a Twitter Chat question posted by @SITSGirls, and (iii) use the hashtag, #TicTacMystery in your “Tweet”. Successful completion of these steps by an eligible entrant shall result in an “Entry.” Four winners will be selected at random from those eligible entrants that submit an eligible Entry during the Entry Period. In addition, eligible entrants may follow @SITSGirls on Twitter so that Sponsor can direct message you in the event that you are selected as the potential winner but this is not required (and you may unfollow @SITSGirls once the promotion and prize notification period has ended). There is no cost to view the post or to leave a comment. Your Tweet on the Site will count as one (1) Entry. Limit one (1) Entry per Twitter address during the Twitter Chat; multiple entries in a single day will not be accepted.
* An “Appropriate Response” is one that is on topic to the question asked and that meets the following criteria (as determined by Sponsor in its sole discretion):
(1) Must be written in English
(2) Must be no more than 140 characters (an Appropriate Response must be contained within one “Tweet”).
(4) May not infringe on the intellectual property or other rights of a third party.
(5) Must not contain any commercial, political, religious or third party advertising or messaging.
(6) Must be suitable for general audiences and must not contain any of the following content: (i) defamatory words or statements, including words or symbols that are considered offensive to individuals of a certain race, ethnicity, gender, religion, sexual orientation or socioeconomic group; (ii) any lewd or sexually explicit suggestive content; (iii) any content that promotes use of alcohol, tobacco, firearms/weapons, or any violent, unsafe or dangerous behavior, activities or situations; (iv) threats to any person, place, business or group; (v) profanity or obscenity; (vi) any thing that would disparage or offend persons or organizations associated with Sponsor; (vii) anything which incites, encourages or depicts dangerous conduct, stunts or tricks, or behavior or acts that are unsafe, wrongful or immoral; (viii) inappropriate (for the context) bathroom talk; or (ix) anything that violates federal, state or local laws and regulation.
In the event of a dispute as to the identity of the winner, such winner will be deemed to be the person whose name appears on the Twitter account associated with the above-described Twitter address at the time of Entry.
For purposes of this Sweepstakes, only Entries that are recorded by Sponsor through Twitter’s servers will be considered. Note: Sponsor may not receive Entries from Twitter users with “protected” updates (i.e. user has set the Account so that only people the user has approved can view updates) due to the way Twitter operates its services.
Sponsor is not responsible for any changes or unavailability of the Twitter service that may interfere with the Sweepstakes or ability of entrant to timely enter, receive notices or communicate with Sponsor via Twitter, in which case Sponsor, in its sole discretion may terminate or modify the Sweepstakes. It is potential winner’s responsibility to set his/her Account to accept contacts by Sponsor and to timely check his/her Account for any Sponsor direct messages.
Entries/”Tweets” that are lost, late, misdirected, illegible, incomplete, unreadable, damaged, destroyed, delayed, tampered with, incomprehensible, forged, mutilated, stolen, misdirected, inaccurate, unintelligible or otherwise not in compliance with these Official Rules will be disqualified. All Entries generated by a script, macro or other automated/repetitive electronic means will be disqualified and ineligible for the Sweepstakes.
Winner Selection: On or about February 26, 2015, four potential winners will be selected in a random drawing by Sponsor from among all eligible Entries received throughout the Entry Period. The random drawing will be conducted by Sponsor or its designated representatives, whose decisions are final. Odds of winning will vary depending on the number of eligible Entries received. Site will encourage entrants to include “@reply” for ease of tracking Entries. Winner will be notified by publicly viewable tweet, containing the Twitter handles of the potential winners, within 48 hours of the random drawing (the “Winner Notification”). Potential winner must follow directions specified by Sponsor in the Winner Notification within 48 hours of the date/time the Winner Notification is sent in order to verify eligibility and provide address to which Prize will be sent if eligibility is verified. If potential winner fails to respond to the Winner Notification as directed within time frame specified, or if a Winner Notification is returned as undeliverable, such potential winner may be disqualified and prize forfeited. Sponsor shall have no liability for any Winner Notification that is lost, intercepted or not received by a potential winner for any reason. In Sponsor’s sole discretion, a selected winner may be disqualified and required to forfeit his/her prize(s) and an alternate winner may be selected in accordance with these Official Rules from among the remaining eligible Entries if the selected winner: (i) is unreachable as described above or if Winner Notification or Prize is returned as undeliverable; (ii) declines or cannot accept, receive or use the prize for any reason; or (iii) fails to comply with these Official Rules. Unclaimed prizes may not be awarded. No substitution or transfer of a prize is permitted except by Sponsor.
Four winners will each receive one prize from the below list:
- Three MP3 Players (approximate retail value or ARV: $149.00)
- One digital media streaming device (ARV: $99.00)
Prize Details: Only one Prize per person and per household will be awarded. Prizes cannot be transferred, redeemed for cash or substituted by winner. Sponsor reserves the right in its sole and absolute discretion to award a substitute Prize or portion of Prize for one of equal or greater value if a Prize described in these Official Rules is unavailable or cannot be awarded, in whole or in part, for any reason. The ARV of the Prize represents Sponsor’s good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the Prize turns out to be less than the stated ARV, the difference will not be awarded in cash. Sponsor makes no representation or warranty concerning the appearance, safety or performance of any Prize awarded. Restrictions, conditions, and limitations may apply. Sponsor will not replace any lost or stolen prize items. Prize will only be awarded and/or delivered to addresses within the US. Prizes will be shipped within approximately 6-8 weeks following verification of winners. All federal, state and/or local taxes, fees, and surcharges are the sole responsibility of the Prizewinner. Failure to comply with the Official Rules may result in forfeiture of the Prize, as determined in Sponsor’s sole discretion.
Privacy: All entrants acknowledge that their Entries are publicly viewable on Twitter and could be read, collected and used by others. As a result, anything publicly posted on Twitter is not governed by the privacy policies of any of the Promotion Entities. If an entrant is chosen as a winner, certain of their personally identifying information may be disclosed to third parties at least as required by law, including, without limitation, names and mailing addresses on a winner’s list. All personal information provided by a potential winner in claiming a Prize may be shared by and between the Promotion Entities (except Ferrero, who will not receive any personal information), and each of the Promotion Entities (except Ferrero) will use such information in accordance with their respective independent online privacy policies.
General Conditions and Limitation of Liability:
By participating in the Sweepstakes, each entrant agrees to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all respects and cannot be appealed. By entering and/or accepting a Prize, each entrant/winner agrees to Sponsor’s and other Promotion Entities’ (except Ferrero) use of his/her name, likeness and/or “Tweet”/Entry for advertising, promotional and/or publicity purposes without any limitation and without further notice or compensation. By entering, each entrant agrees to release, discharge, indemnify and hold harmless Sponsor, Ferrero, MSLGROUP Americas, Inc., the other Promotion Entities, and each of their respective parent companies, affiliates, divisions, subsidiaries and advertising/promotion agencies involved in this Sweepstakes, and each of their respective employees, officers, shareholders, directors, representatives and agents from and against any claim, damages, and/or liabilities involving or arising out of: (i) late, lost, stolen, delayed, misdirected, mutilated, incomplete, unreadable, inaccurate, garbled or unintelligible submissions or notices; (ii) email, telephone system, facsimile, technical or computer malfunctions, lost connections or transmissions, disconnections or other errors of any kind whether mechanical, human, electronic or otherwise relating to or in connection with the Sweepstakes, including but not limited to, errors which may occur in connection with the administration of the Sweepstakes, technical problems with the Site or any other associated website, including but not limited to any error, omission, interruption, deletion, defect, delay of operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries; (iii) data corruption, theft, destruction, unauthorized access to or alteration of Entry or other materials; (iv) any injuries, losses, costs, expenses or damages to person or property of any kind caused, in whole or in part, directly or indirectly, by the prize or resulting from redemption, acceptance, possession, loss or misuse of any prize or from participating in the Sweepstakes or any Sweepstakes related activity (including, without limitation, any travel or activities related hereto); (v) inability to participate in the Sweepstakes; or (vi) any printing, typographical, human, administrative or technological errors in any material associated with the Sweepstakes.
In the event more winner notifications are issued, and more winning prize claims are received, than the number of prizes set forth in these Official Rules due to computer, printing, human or other error or problem, a random drawing will take place from among all eligible prize claims for the prize(s) at issue to award the proper number of prizes as set forth in these Official Rules. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. No more than the number of prizes stated in these Official Rules will be awarded.
By entering the Sweepstakes, each entrant agrees that (i) any and all claims, judgments, and awards arising out of or connected with this Sweepstakes shall be limited to actual out of pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event will attorneys’ fees be awarded or recoverable; and (ii) under no circumstances will any entrant be permitted to obtain any award for (and each entrant hereby knowingly and expressly waives all rights to seek) punitive, incidental or consequential damages and/or any other damages, other than actual out of pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased.
Neither Sponsor nor the other Promotional Entities are responsible for:
(i) lost, late, misdirected, illegible, incomplete, unreadable, damaged, destroyed, delayed, forged, tampered with, mutilated or stolen entries, or any other unsuccessful attempts at participating;
(ii) any error, omission, interruption, deletion, defect, delay of operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries;
(iii) any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error, which may occur in the processing of submissions in the Sweepstakes;
(iv) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to entrant’s or any other person’s computer related to or resulting from participating in the Sweepstakes; or
(v) other errors of any kind whether mechanical, human, electronic or otherwise, or
(vi) any force majeure, including any action, regulation, equipment failure, terrorist acts, earthquake, war, fire, flood, unusually severe weather and similar.
If, for any reason, the Sweepstakes is not capable of running as planned, but not limited to, including infection by computer virus bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, then Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes. Sponsor may, in its sole discretion, prohibit an entrant from participating in the Sweepstakes or winning a prize if Sponsor determines entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception or other unfair practices or intending to annoy, abuse, threaten or harass any other entrant or any Sponsor representatives. In the event of cancelation, termination, modification or suspension of the Sweepstakes, Sponsor may, in its sole discretion, perform the random drawing from among all eligible Entries received prior to or after such cancellation, suspension, or modification.
The interpretation of these Official Rules shall be governed by the Laws of Illinois without regard to choice of law principles.
Winners’ List: For the names of the winners, send a self-addressed, stamped envelope to Sway Group LLC (“Sponsor”) at 1744 West School Street, Chicago, IL 60657.