BAILEYS® Coffee Creamers New Flavor Consumer Sweepstakes Official Rules
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Sweepstakes Description and Term: The BAILEYS® Coffee Creamers New Flavor
Consumer Sweepstakes (the “Sweepstakes”) begins on June 7, 2013 at 9:00am CDT, and ends on June 8, 2013 at 3:59 pm CDT (the “Sweepstakes Term”). All entries must be received by Sponsor during the Sweepstakes Term.
2. Eligibility: The Sweepstakes is open to legal U.S. residents, excluding residents of Puerto Rico, who are 21 years of age or older at the time of entry. Each entrant must have a unique, valid email address, a valid account on Twitter and be following
@BAILEYSCreamers. Entrants who create and/or use more than one email address or more than one Twitter account to enter the Sweepstakes will be ineligible. Employees, independent contractors, officers, and directors of Sponsor, or of its parent company, affiliates, subsidiaries, partners, advertising, promotion, and fulfillment agencies, legal advisors, or Diageo or R&A; Bailey & Co., or BlogHer, Inc., and their immediate family members and persons living in the same household, are not eligible to enter the Sweepstakes. Entries are limited to individuals only: commercial enterprises and business entities are not eligible. THE SWEEPSTAKES IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW and is subject to applicable federal, state and local laws and regulations.
Entrants are not required to maintain their following status of the BAILEYS® Coffee Creamers Twitter page, and may Un-follow the BAILEYS® Coffee Creamers Twitter page at any time after entry.
3. Sponsor Information: The Sweepstakes is sponsored by HP Hood LLC, Six Kimball Lane, Lynnfield, MA 01940 (the “Sponsor”). Diageo and R&A; Bailey & Co. are not sponsors of, participants in, or affiliated with, this Sweepstakes. The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Twitter.
4. How to Enter: Eligible individuals can enter by tweeting their favorite new BAILEYS Coffee Creamer flavor unveiled in June 2013 using the hashtag #
FaveNewFlavor and tagging
@BAILEYSCreamers on Twitter. Entrants must include one of the new BAILEYS Coffee Creamers flavors in the Tweet, namely Mudslide, Vanilla Brown Sugar, or White Chocolate Raspberry Swirl. All eligible individuals who enter by completing the above mentioned tweet and tagging
@BAILEYSCreamers on Twitter automatically will be entered into the Sweepstakes. Each entrant will have a chance to win one Daily Prize (as defined below). Incomplete entries will not be considered. Limit: one (1) entry per person. All entries become the property of Sponsor and will not be returned. All entries are subject to Sponsor’s Privacy Policy [http://www.baileyscreamers.com/info/?id=166] and Terms of Use [http://www.baileyscreamers.com/info/?id=162].
Each entry must: (i) be suitable for all ages; (ii) be original; (iii) not contain any third party content, including but not limited to any copyrighted material, third party trademarks, and/or names or likeness of any third parties; and (iv) not include any obscene, lewd or offensive content. Sponsor reserves the right to disqualify or refuse to post any entry at any time.
5. Prize Selection: Entries will not be judged. On or around 4:00 pm CDT on June 8, 2013, Sponsor randomly will select from all eligible entries received by Sponsor during the Sweepstakes Term twenty-five (25) Daily Prize winners (each, a “Winner”). Sponsor will select multiple entries at the time of the drawing in the event that Sponsor needs to award a prize to an alternate winner. The Winners shall be the first selected entry in the drawing. If necessary, an alternate winner will be selected based on the order in which the remaining entries were selected in the drawing (“Alternate Winner”). Winners will be notified using the contact information provided on their Twitter profile.
Odds of winning a Daily Prize are affected by the number of eligible entries received by Sponsor during the Sweepstakes Term.
6. Prizes:
Each Daily Prize Winner will receive one (1) Coupon for free BAILEYS Coffee Creamers product (approximate retail value (“ARV”): $4.99) (“Daily Prize”). The Daily Prize includes the shipment and delivery of the prize to the winner. All taxes, fees and other expenses not specifically listed in the prize description are the responsibility of the winners. Coupons may not be redeemed for cash and each has a cash value of 1/20th of one cent.
The total ARV of all Daily Prizes is: $124.75. Actual retail value of the prizes will depend on the cost of the products and/or services at the time that the prize is purchased. Any differences between the stated ARV and the actual value will not be awarded.
Daily Prizes consist of specified items specifically listed in these Rules only. All taxes, fees and other expenses not specifically listed in the prize description are the responsibility of the Winners. The prize components are subject to availability and restrictions. There is no substitution or cash equivalent of any prize components except at the Sponsor’s sole discretion due to unavailability of the prize components for any reason, and only then for a prize of equal or greater value. The Sponsor is responsible only for prize delivery, and not for prize utility, quality or other attributes.
7. Taxes: Winners are solely responsible for all applicable taxes associated with receipt of the each Prize.
8. Winner Restrictions: Winners will be notified using the contact information provided on their Twitter profile. If a winner is unable to be contacted using the information provided, for any reason, the prize will be forfeited, and Sponsor will award the applicable prize to an Alternate Winner. The Alternate Winner will be notified in the same manner described above. If for any reason a winner is ineligible or does not accept the prize, no cash or other compensation will be paid, and an Alternate Winner will be selected. Additionally, if a winner is unable to comply with these rules and regulations, an Alternate Winner will be selected. Sponsor is not responsible for winner limitations that prevent acceptance or use of any prize. Each entrant preliminarily chosen as the winner may be required to sign and return an Affidavit of Eligibility, Release of Liability, and Publicity Release within five (5) business days of receipt of such Affidavit and Release, and must possess age-defining documentation (i.e., photo identification) prior to the prize release. Failure to execute and return the required documents within five (5) days of receipt may subject the preliminary winner to disqualification and, in such case, an Alternate Winner will be selected. The Sponsor is not responsible for and shall not be liable for late, lost, misdirected or unsuccessful efforts to notify winners.
Each winner agrees to use of his or her name, likeness, personal information and/or prize information by the Sponsor for promotional purposes in any medium without additional compensation to the extent permitted by law. Winners may be listed on the BAILEYS Coffee Creamers Facebook and/or Twitter profile. Prizes are not transferable or assignable to another party.
9. General: By entering the Sweepstakes, each entrant warrants that, (a) the entrant has read, understood and followed the BAILEYS® Coffee Creamers New Flavor Consumer Sweepstakes Rules; (b) the entrant agrees to be bound by the decisions of the Sponsor; and (c) the entrant is eligible under these Sweepstakes Rules. Each potential winner and his/her entry may be subject to verification and investigation before being awarded any prizes. In the event not enough qualified entries are received, Sponsor is not responsible to award more prizes than qualified entries received. This Sweepstakes shall be governed by Massachusetts law. By participating in this Sweepstakes, entrants agree that (a) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action and Massachusetts courts shall have exclusive jurisdiction over any dispute or litigation arising from or relating to this Sweepstakes and that venue shall be only in Boston, Massachusetts; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event shall there be a claim or award of attorneys’ fees or costs; and (c) under no circumstances will entrants be permitted to obtain, and entrant hereby waives 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.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT BE APPLICABLE TO EACH ENTRANT AND/OR WINNER.
In case of a dispute over the identity of an entrant who submitted the winning entry, the authorized account holder of the Twitter account associated with that entry will be deemed the entrant. The “authorized account holder” is deemed the natural person who is assigned Twitter account. Said owner must comply with these Official Rules, be the person who completed the act of entering, and, in Sponsor’s sole discretion, may be required to provide proof of ownership of the Twitter account.
10. Limitation of Liability: Sponsor is not responsible for any incorrect or inaccurate information associated with or utilized in the Sweepstakes or for any technical or human error, which may occur in the processing of entries in the Sweepstakes. Sponsor has no liability or responsibility for entrant’s participation in or attempt to participate in the Sweepstakes or ability or inability to upload or download any information in connection with the Sweepstakes. Sponsor is not responsible for any personal injury or property damage or losses of any kind which may be sustained to entrant’s or any other person’s computer equipment, smart phone or mobile device resulting from participation or attempted participation in the Sweepstakes. Sponsor assumes no responsibility for any incomplete, misdirected, late, or lost entries, or any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, garbled or corrupted data transmitted, inaccessibility of any entry website, theft or destruction or unauthorized access to, or alteration of, entries or entry data, telephone, cable, satellite, network, electronic or Internet connectivity or other online or telephone network communication problems, errors or limitations of any Internet or telephone service providers, servers, hosts or other providers, failure of any online transmissions to be sent or received, or traffic congestion on the Internet or any entry website. If, for any reason, the Sweepstakes is not capable of running as planned, including tampering, unauthorized intervention, fraud, or any other causes beyond the control of the Sponsor which affects the administration, security, fairness, integrity or proper conduct of the Sweepstakes, then the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes. In the event that proper administration of the Sweepstakes is prevented by such causes as contemplated above, the Sponsor will pick the winner from all eligible, non-suspect entries received prior to such action.
Entrants agree that Sponsor, Diageo, R&A; Bailey & Co., and Twitter, and their respective parent and affiliate companies, suppliers, printers, distributors, and the respective officers, managers, members, directors, employees, representatives and agents of each and any other person or entity related in any way to this Sweepstakes (collectively, the “Sweepstakes Entities”) will have no liability whatsoever for, and shall be held harmless by entrants against, any and all liability, including but not limited to any death, injury, loss or damage of any kind, resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of the Prize, participation in this Sweepstakes, or while traveling to, preparing for or participating in any prize-related activity. The Sweepstakes Entities expressly disclaim any responsibility or liability for injury or loss to any person or property in connection with the delivery and/or subsequent use of the prize, or any portion thereof, awarded.
Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of any of the Sweepstakes; to be acting in violation of the Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY DELIBERATE ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO UNDERMINE THE LEGITIMATE OPERATION OF ANY OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
11. Winners List: For a list of winners, send a written request together with a self-addressed, stamped envelope to BAILEYS® Coffee Creamers New Flavor Consumer Sweepstakes, c/o HP Hood LLC, Six Kimball Lane, Lynnfield, MA 01940. Requests must be received within ninety (90) days after close of the Sweepstakes. Vermont residents may omit return postage.
12. Change or Cancellation: Sponsor reserves the right to change the rules or cancel this offer at any time without further obligation or liability.
13. Copyright© 2013 R & A Bailey & Co. All rights reserved. HP Hood and the associated logo are registered trademarks of HP Hood LLC. The BAILEYS word and associated logo are trade marks of R & A Bailey & Co and are used under license. Twitter is a registered trademark of Twitter Inc. Any other trademarks in these Official Rules are used for identification purposes ONLY and are the properties of their respective owners.