To enter you must agree to and abide by these Official Rules. NO PURCHASE OR DONATION NECESSARY TO ENTER OR TO WIN.
1. Sponsor: TCBY; Mrs. Fields Famous Brands; 1141 West 2400 South, Salt Lake City, Utah 84119
2. Eligibility: The drawing ("Drawing") is open only to persons at least 18 years of age. Employees, officers, directors, trustees and agents of Sponsor, The Country's Best Yogurt ("TCBY"), Arion Resort and Spa or any of their respective related, parent, affiliated or subsidiary companies or who have within six (6) months prior to the start date of the Drawing performed services for any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Drawing, supplying prizes (or any component of any prize), and/or their respective parent, subsidiary, affiliated and successor companies, and immediate family and household members of such individuals, are not eligible to enter or win. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, grandchildren, step-grandchildren, or spouses, regardless of where they live. "Household members" shall mean people who share the same residence at least three consecutive months a year, whether related or not. Potential winner may be required to provide proof of eligibility upon request prior to prize award. Void where prohibited or restricted by law.
3. Entry: You may enter the Drawing beginning on or about 12:00:00 a.m. (midnight) ET on March 22, 2012 and ends 11:59:59 p.m. ET on May 31, 2012 ("Promotion Period").
To enter, navigate the Internet to http://www.TCBY.com or enter through Facebook. Complete the online entry form with your legal name, email address, address of your legal residence, phone number, state, and zip code.
You may be asked to consent to receive promotional emails and reminder emails from TCBY. Consenting to receive promotional or reminder emails is optional and does not have to be agreed upon in order to be eligible for the Drawing and does not improve your chances of winning.
Limit one (1) online entry per person during the Promotion Period, regardless of the number of email addresses or accounts a person may have. Multiple entries in excess of this limitation or mass entry attempts will result in disqualification of all entries by such person except for the first valid entry submitted during the Promotion Period. Entries must be manually key-stroked by the entrant; use of automated entry devices or programs, or entries by third parties, are prohibited. Incomplete entries will be disqualified. Proof of entering information on the internet, any website, or entry form is not considered proof of delivery to or receipt by Sponsor of such entry. Personal information collected in connection with this Drawing may be used in accordance with the TCBY Privacy Policy, available athttp://tcby.com/privacy-policy/.
4. Random Drawing: Weekly prize winners will be selected in a random drawing each Friday of the Promotion Period. One potential Grand Prize Winner will be selected in a random drawing on or about June 6, 2012. To be eligible for the Grand Prize drawing, the entry must be received and recorded by the Sponsor's computer during the Promotion Period. The Grand Prize drawing will be conducted by TCBY, whose decisions are final and binding on all matters related to the Drawing.
5. Winner Notification: The potential Grand Prize Winner will be notified on or about June 6, 2012 by email or telephone (or such other method as determined by Sponsor based on contact information provided in entering the Drawing). If Sponsor notifies the potential Grand Prize Winner via email, failure to respond to the initial verification email within three (3) business days after transmission to the potential Grand Prize Winner or return of the email notification as undeliverable after two (2) attempts will result in disqualification and award of the prize to an alternate Grand Prize Winner. If Sponsor notifies the potential Grand Prize Winner via telephone, failure to respond within three (3) business days will result in disqualification and award of the prize to an alternate Grand Prize Winner. Alternate Grand Prize Winner(s) similarly will be notified until a winner responds. The potential Grand Prize Winner will be required to complete, sign and return within five (5) business days of transmission, an Affidavit of Eligibility, a Liability Release and Indemnification, and a Publicity Release.
The travel companion of the Grand Prize Winner must be over 18 years of age and will be required to execute a Liability Release and Indemnification, and a Publicity Release prior to ticketing of the Grand Prize. If Affidavit of Eligibility, Liability Release and Indemnification, and Publicity Release documents are not returned to Sponsor within the specified time period, or if the potential Grand Prize Winner is found to be ineligible or otherwise not in compliance with these Official Rules, or declines the Grand Prize for any reason prior to award, the Grand Prize may be forfeited and the potential Grand Prize Winner may be disqualified. If the potential Grand Prize Winner is disqualified for any reason, the Grand Prize may be awarded to an alternate winner selected from all remaining eligible entries received during the Promotion Period. In the event of any dispute concerning the identity of any entrant, the entry will be deemed submitted by the natural person who is the authorized holder of the transmitting email account. "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 (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
Sponsor and its agents are not responsible for failed, partial or garbled computer transmissions, or for technical failures of any kind, including but not limited to electronic malfunction or damage of any network, hardware or software. If for any reason the Drawing is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical failures beyond Sponsor's control that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Drawing, Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process, and to terminate, modify or suspend the Drawing. In such event, Sponsor reserves the right to conduct the Drawing and award the Grand Prize by means of a random drawing comprised of all eligible entries received prior to and/or after (as appropriate) the action taken by Sponsor or otherwise award the prize in a manner which is fair, appropriate and consistent with these Official Rules, as determined by Sponsor in its sole discretion. Notice of termination/modification/suspension of Drawing will be posted on the website. No responsibility is assumed for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or loss, destruction or unauthorized access to, or alteration of, entries; or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or electronic entry to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to entrant's or any other person's computer related to or resulting from participation in or downloading any materials from this Drawing.
Entrants further agree not to knowingly damage or cause interruption of the Drawing and/or prevent others from participating in the Drawing. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE DRAWING VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
6. Weekly Prizes, Grand Prize, Travel Terms, Approximate Retail Values ("ARV") Odds and Election of Grand Prize:
Weekly Prizes
One winner will be drawn each Friday during the Promotion Period to receive an Amazon gift card valued at $100. Other winners will be determined each week during the Promotion Period to receive TCBY gift cards valued at $20 each. A "week" is defined as beginning Friday at 12:00:00 a.m. (mid-night) ET and ending at the following Thursday at 11:59:59 p.m. ET
Grand Prize
One (1) winner will be awarded the following Grand Prize: round-trip World Traveler (economy class) airfare for two (2) adults to Athens Greece from New York, New York; hotel accommodations for five (5) consecutive nights Arion Resort and Spa, Athens, Greece, including daily breakfast for two (2) adults. The Grand Prize Winner, in his or her sole discretion, may elect to receive Five Thousand and No/100 Dollars ($5000.00) in lieu of the trip to Greece.
Travel Terms
Travel is allowed any time beginning October 1, 2012 through May 31, 2013. Travel must be booked before November 30, 2012. Grand Prize Winner and his/her travel companion are responsible for getting themselves to/from New York, New York and are solely responsible for all other expenses not specified herein, including but not limited to additional meals, beverages, tips, taxes, hotel incidentals, excursions, fees, surcharges, service charges or passenger facility charges, departure and airport taxes, passport fees, visa fees, security fees, and any additional transfers and/or ground transportation, including taxis from airport to and from hotel. Grand Prize Winner and his/her travel companion must travel together on the same specified itinerary, including same departure date, destination and return date or Grand Prize may be forfeited in its entirety. All travel dates and arrangements are subject to change, availability and Sponsor's approval. Sponsor is not liable for any expenses incurred as a consequence of flight cancellation/delay or any acts or omissions whatsoever by air carriers, hotel or other transportation companies. The Grand Prize Winner and his/her travel companion are solely responsible for obtaining any necessary documentation and fulfilling any necessary travel requirements prior to travel, such as possession of a valid U.S. passport. In addition, the Grand Prize Winner may be required to present a valid credit card at the hotel at the time of check-in. GRAND PRIZE WINNER AND HIS/HER TRAVEL COMPANION ARE SOLELY RESPONSIBLE FOR OBTAINING ALL REQUIRED TRAVEL DOCUMENTS AND TRAVEL INSURANCE AND HEREBY ACKNOWLEDGE THAT SPONSOR WILL NOT OBTAIN OR PROVIDE TRAVEL INSURANCE OR ANY OTHER FORM OF INSURANCE.
All travel arrangements are to be administered by Sponsor or its designee. Travel is subject to capacity controls, availability, blackout dates and certain other restrictions, which may include a Saturday night stay, all of which are subject to change.
No changes will be made to travel details once any element(s) of the travel arrangements have been booked. The Released Parties as specified in Paragraph 7 below are not responsible for any changes of any element of Grand Prize travel nor are they liable for any expenses incurred as a consequence of flight cancellation or flight delays. Sponsor will not replace any lost or stolen tickets, travel vouchers, or certificates.
No stopovers are permitted on tickets issued as part of the Grand Prize; if a stopover occurs, the airplane travel portion of the Grand Prize will terminate and full fare will be charged from the stopover point for the remaining trip segments, including the return. Once hotel and flight arrangements have been confirmed, no changes will be allowed except by Sponsor. An unclaimed and/or unused Grand Prize travel package will remain the property of Sponsor or its designee.
The Grand Prize is non-transferable, assignable, is not for resale. Sponsor reserves the right to substitute a prize of comparable value if any portion of Grand Prize becomes unavailable for any reason. The Grand Prize may not be sold, bartered or exchanged by the Grand Prize Winner. The Grand Prize is provided "as is" and without any warranty of any kind. By accepting prize, the Grand Prize Winner acknowledges compliance with these Official Rules.
If the Grand Prize Winner does not have a travel companion to accompany him/her on the trip, the Grand Prize will otherwise be awarded in increments appropriate for one (1) traveler (i.e., the Grand Prize Winner); and, in such event, no substitute prize or additional compensation will be awarded to the Grand Prize Winner.
The Grand Prize Winner and his/her travel companion must follow all instructions of Sponsor and any prize providers during their trip and should the Grand Prize Winner and/or his/her guest fail to adhere to such instructions or engage in unruly, obnoxious, anti-social or otherwise inappropriate behavior (as determined by Sponsor in its sole discretion), Sponsor reserves the right to end the trip early, in whole or in part, and send the Grand Prize Winner and/or his/her guest home and/or take other actions as Sponsor deems appropriate in its sole discretion, without liability or further obligation to the Grand Prize Winner.
Accommodations and travel are for up to two adult persons sharing one accommodation. Trip cannot be extended beyond the valid date.
Total ARV
Approximate Retail Value (ARV) of the Grand Prize: up to $5,500.00. Actual final value of trip may be higher or lower based on airline ticket and hotel availability and cost at time of booking. Any costs and incidentals not specified herein are the Grand Prize Winner's sole responsibility. If the potential Grand Prize Winner cannot accept the Grand Prize as stated, that Grand Prize may be forfeited in its entirety and awarded to an alternate winner. ALL FEDERAL, STATE AND LOCAL TAXES ARE THE SOLE RESPONSIBILITY OF THE GRAND PRIZE WINNER, WHO WILL RECEIVE A 1099 TAX FORM REFLECTING ACTUAL VALUE OF ANY PRIZE(S) VALUED AT $600 OR MORE.
Odds
The odds of winning the Grand Prize depends on total number of eligible entries received during the Promotion Period.
Election of Grand Prize
The Grand Prize Winner, in his or her sole discretion, may elect to receive Five Thousand and No/100 Dollars ($5000.00) in lieu of the trip to Greece. ALL FEDERAL, STATE AND LOCAL TAXES ARE THE SOLE RESPONSIBILITY OF THE GRAND PRIZE WINNER, WHO WILL RECEIVE A 1099 TAX FORM REFLECTING ACTUAL VALUE OF ANY PRIZE(S) VALUED AT $600 OR MORE.
7. Conditions and Limitations of Liability: By participating, entrants agree to be bound by these Official Rules and the decisions of Sponsor, which shall be final in all respects. By participating in this Drawing, entrants agree to release and hold harmless Sponsor, TCBY, Arion Resort and Spa, each of their respective advertising and promotion agencies and prize suppliers, any entity responsible for the administration of this promotion, each of the foregoing entities' respective parent, subsidiary, affiliated and successor companies, and each of their respective officers, directors, agents, representatives and employees, as well as each of their respective successors, representatives and assigns, personally (collectively, the "Released Parties") from any and all actions, claims, injury, loss or damage, including, without limitation, death and bodily injury, arising in any manner, directly or indirectly, in whole or in part, from participation in this Drawing or any Drawing-related activity (including without limitation, any travel related to acceptance and use of any prize), and/or from entrants' acceptance, receipt, use or misuse of any prize(s) or component thereof. By accepting the Grand Prize, the Grand Prize Winner grants Sponsor and its designees permission to use their name, voice, likeness, photograph, prize information, biographical data and city and state of residence on a winner's list (if applicable) and for programming, publicity and promotional purposes, worldwide in all forms of media now known or hereafter developed, in perpetuity, without further compensation unless prohibited by law. Sponsor and its designees are not obligated to use any of the above-mentioned information or materials, but may do so and may edit such information or materials, at Sponsor's sole discretion, without further obligation or compensation. All federal, state and local laws and regulations apply. All name, voice, and likeness submissions become the property of Sponsor and will not be acknowledged.
SPONSOR MAKES NO WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF THE GRAND PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE PRECEDING EXCLUDES ANY EXPRESS OR LEGALLY REQUIRED WARRANTIES ON SPONSOR'S PRODUCTS; SUCH WARRANTIES BEING LIMITED BY THEIR STATED TERMS/CONDITIONS. FORCE MAJEURE: THE FAILURE OF SPONSOR OR ADMINISTRATOR TO COMPLY WITH ANY PROVISION OF THESE OFFICIAL RULES DUE TO AN ACT OF GOD, HURRICANE, WAR, FIRE, RIOT, EARTHQUAKE, TERRORISM, ACT OF PUBLIC ENEMIES, ACTIONS OF GOVERNMENT AUTHORITIES OUTSIDE OF THE CONTROL OF EITHER SPONSOR OR ADMINISTRATOR (EXCEPTING COMPLIANCE WITH APPLICABLE CODES AND REGULATIONS) OR OTHER FORCE MAJEURE EVENT WILL NOT BE CONSIDERED A BREACH OF THESE OFFICIAL RULES.
8. Disputes/Choice Of Law: Except where prohibited, entrants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Drawing, or any prizes awarded, or the determination of the Grand Prize Winner, shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Drawing but in no event attorneys' fees; (c) under no circumstances will entrant be permitted to obtain awards for and entrant 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; and (d) each entrant's remedies are limited to a claim for money damages (if any) and each entrant irrevocably waives any right to seek injunctive or equitable relief. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and/or Released Parties in connection with the Drawing, shall be governed by, and construed in accordance with, the laws of the State of Utah, without regard for conflicts of law, and all proceedings shall take place in the City of Salt Lake, County of Salt Lake, State of Utah. All entrants hereby consent to the exclusive jurisdiction of such courts and waive any defense of inconvenient forum.
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