OFFICIAL RULES
NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
INTERNET ACCESS, A VALID EMAIL ADDRESS, FIRST NAME, LAST NAME, MAILING ADDRESS, PHONE AND DATE OF BIRTH REQUIRED FOR ENTRY
The Kozy Shack “Pudding Personals” Contest (the “Contest” or “Promotion”) begins on January 1, 2010 at 12:00:01 a.m. ET and ends on April 15, 2010 at 11:59:59 p.m. ET. Sponsor’s computer is the official clock for the Contest.
ELIGIBILITY. Open only to legal residents of the 50 states of the United States or Washington, DC, who are 21 years of age or older as of 1/1/10. Employees, officers or directors of Kozy Shack Enterprises, Inc. (the “Sponsor”), its marketing agencies, their respective affiliates, subsidiaries, and the immediate family members and/or those living in the same household of each are not eligible to enter or win. Professional or published writers and writing teachers/coaches are also not eligible to enter or win. Void where prohibited.
HOW TO ENTER. Submitting an entry online is the only means of entry. Go to www.puddingpersonals.com and follow the links and instructions to enter the Kozy Shack Pudding Personals Contest. You will be presented with eleven different “personal ads”, each one representing a different flavor or version of Kozy Shack chocolate pudding. You may choose the personal ad to which you would like to respond by clicking on the applicable personal ad as indicated. You may respond to more than one personal ad, but you may only respond to each individual personal ad one time. (You may submit up to eleven responses in total; limit of one response to each personal ad per person/e-mail address).
Once you have selected the ad to which you would like to respond by clicking where indicated, you will be required to complete an official entry form with your name, full legal address, including valid street address (no P.O. boxes can be accepted), daytime phone number, date of birth and a valid e-mail address.
In the space provided, type your original writing of 50 words or less, responding to the personal ad selected by telling why you are a match for that flavor/version of Kozy Shack chocolate pudding. Writing may reflect your personality, attributes, likes, dislikes, experience, or any other description or expression that qualifies you as a match for the flavor/version of Kozy Shack chocolate pudding corresponding to that personal ad.
When official entry form (including writing) is completed, click submit. You will receive a confirmation thank you message after submission, indicating that your entry has been received. However, thank you message does not constitute a representation by Sponsor that your entry is eligible for the Contest.
Your writing is an online submission to www.puddingpersonals.com and becomes the property of Sponsor and will be treated as non-proprietary and non-confidential and may be used by Sponsor for any purpose whatsoever, commercial or non-commercial without compensation to you or others. Sponsor's posting of any writing submission does not constitute representation that the posted submission is a prize winner.
JUDGING CRITERIA. Winning entries will be determined by a team of judges (the "Judges") comprised of selected members of Sponsor’s marketing department and of Berlin Productions, Inc., an independent third party agency. Contest submissions will be judged based on (1) relevance to theme, (2) originality of response and (3) creativity of expression, each to be weighted equally. There is no minimum length or required format/style, but writings that exceed 50 words will be disqualified. In the first round of judging, the Judges will rank the submissions for each of the eleven (11) personal ads. The highest ranked submission for each personal ad will win either the Grand Prize or a Runner-Up Prize. The Grand Prize winner will be selected in a second round of judging; the second round of judging to be comprised only of the eleven (11) personal ad submissions that were ranked as highest for each personal ad. The highest ranked submission in the second round of judging is the Grand Prize winner and the ten (10) submissions that did not win the Grand Prize will each receive a Runner-Up Prize. An additional fifteen (15) winners of Runner-Up Prizes will be selected in a third round of judging, comprised of all remaining submissions for all eleven (11) personal ads. The Judges will use the same judging criteria in all rounds of judging.
Winners will be notified via email and/or phone. Writing submission must be included as part of the official entry form; other means of submission (e.g., e-mail attachment, mailed responses, etc.) will not be accepted. No joint/group entries or business/group/organization/club entries will be accepted. Entry must be submitted by a single individual. Writing must be solely the original work of the entrant. DO NOT COPY THE WORKS OF OTHERS OR INCLUDE THE NAMES, TRADEMARKS, COPYRIGHTED MATERIAL OR OTHER PROPERTY OF ANY THIRD PARTY IN THE WRITING WITHOUT THE EXPRESS WRITTEN CONSENT OF THE THIRD PARTY IN QUESTION. (Proof of such consent may be required by Sponsor/Judges as part of the winner verification procedure and, in the absence of proof of such consent, such potentially winning entrant may be disqualified). Writing must not have been published previously or have been submitted to any other competition or contest. Sponsor and Judges reserve the right to disqualify any entry that, in the opinion of either party, (a) refers, depicts or in any way reflects negatively upon the Sponsor and/or its products, the Promotion or any other person or entity (the foregoing includes but is not limited to essays that are defamatory, libelous or slanderous, as determined by Sponsor/Judges in their sole discretion); or (b) includes any content that is objectionable, inappropriate, unfit for publication or otherwise unacceptable.
Any attempt by any entrant to exceed the entry limit by using multiple/different e-mail addresses, identities, registrations and logins, or any other methods will void all that entrant's submissions and that entrant will be disqualified. Use of any automated, programmed or like means to enter the Promotion will result in disqualification.
PRIZES. Grand Prize (one – for top-ranked overall submission from an eligible entrant):
One trip to the U.S. city of winner’s choice (subject to Sponsor’s approval) for winner and a guest. Prize includes standard accommodations for two nights, Friday and Saturday (one room/double occupancy) at a hotel of Sponsor’s sole choosing in or near destination city; transportation to include either (1) roundtrip coach air travel from major commercial airport near the winner’s residence to a major commercial airport in or near destination city (airports being of Sponsor’s sole choosing) or (2) full-size rental car for two days if winner’s residence is less than approximately 150 miles from destination city (as determined by Sponsor in its sole discretion); one dinner for two in the form of a $250 gift card or debit card issued by a recognized bank or credit card company; $250 spending money in the form of a gift card or debit card which may be used for incidental expenses or otherwise at winner’s sole discretion. Approximate Retail value of Grand Prize: Twenty-five hundred dollars ($2,500.00). Winner and guest must travel on the same itinerary. Trip is subject to availability, black-out dates and additional restrictions. Trip must be completed by January 31, 2011. Winner must provide a minimum of 60 days advance notice of desired travel dates and destination city of choice. Guest must be 21 years of age or older, as of 1/1/10. Valid government-issued photo identification required for air travel (if appropriate). To receive rental car component of prize (if applicable), winner must have a valid U.S. state driver’s license and satisfy all conditions of rental car agreement. If winner does not qualify for rental car, he/she will receive ground transportation between his/her residence and destination city. Potential Grand Prize winner must sign and return an Affidavit of Eligibility/Release of Liability/Publicity Form within 5 business days of attempted notification and must attest to the submitted work as being solely the winner’s own composition as well as the winner’s full compliance with all other terms of these Official Rules. Noncompliance within this time period may result in disqualification in which case an alternate winner may be selected. Winner’s travel companion must execute a Liability Release to be returned prior to issuance of prize.
First Prizes (twenty-five – for runners-up selections): “Date Night” $100 cash prize to be awarded in the form of a $100 gift card or debit card from a national credit card issuer.
Issuers of gift card or debit cards (as the case may be) will be determined by Sponsor in its sole discretion and gift cards/debit cards are subject to terms and conditions of issuer as stated thereon.
All expenses not specified in these Official Rules are the winner’s sole responsibility. Return of any prize/prize notification as undeliverable will result in disqualification and selection of an alternate winner. Limit one prize per individual/family/household/email address. No substitution or transfer of prizes permitted except as noted. Sponsor reserves the right, at its sole discretion, to substitute a prize of equal or greater value.
GENERAL RULES: All federal, state and local laws apply. Entries will not be returned. All income and other taxes resulting from acceptance of prize are the sole responsibility of winner. Sponsor will report winner’s receipt of prize as required by applicable law. By entering Contest, entrant accepts and agrees to these Official Rules and the decisions of Sponsor and Judges, which shall be final and binding in all matters.
RELEASE. By receipt of any prize, winner agrees to release and hold harmless Sponsor, Judges, their agencies, related companies, and each of their respective officers, directors, employees and agents, from and against any claim or cause of action arising out of participation in the Promotion or receipt, acceptance, possession or use or misuse of any prize.
LIMITATIONS OF LIABILITY. By participating, entrant agrees that Sponsor, Judges, their agencies, related companies, and each of their respective officers, directors, employees and agents are not responsible for and entrant hereby releases and agrees to hold harmless Sponsor, Judges and their agencies from any claims arising from: (1) incorrect or inaccurate transcription of entry information (including but not limited to submission) or lost, stolen, illegible, incomplete, misdirected entries, or entries received through impermissible or illegitimate channels, all of which will be disqualified; (2) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer, network, hardware or software; (3) the unavailability or inaccessibility of website or any other service; (4) unauthorized human intervention in any part of the entry process or the Promotion and/or incomplete, inaccurate or incomplete information being displayed on website whether due to unauthorized human intervention, equipment failure/malfunction or other cause; (5) electronic or human error which may occur in the administration of the Promotion or the processing of entries; (6) any injury or damage to persons or property, including but not limited to entrant’s computer (or any information/materials stored thereon), which may be caused, directly or indirectly, in whole or in part, by entrant’s participation in the Promotion or from downloading any material from Sponsor’s or related web site(s), regardless of whether the material was prepared by Sponsor, agency, or a third party, and regardless of whether the material is connected to a Sponsor’s or agency’s web site by a hypertext link. If, in the Sponsor’s opinion, there is any suspected evidence of tampering with any portion of the Promotion, or if technical difficulties compromise the integrity of the Promotion such that it cannot be conducted as originally planned, the Sponsor reserves the right in its sole discretion to suspend, modify or terminate the Promotion; and, in such event, the winners will be determined in a manner deemed by Sponsor in its sole discretion to be fair, appropriate and consistent with the spirit of these Official Rules. Notice of such action by Sponsor will be posted on the website. In the event a dispute arises as to the identity of a potentially winning entrant, entry will be declared made by the name listed on the entry form (regardless of who is the authorized holder of the email account used to submit the entry)
Persons further agree not to knowingly damage or cause interruption of the Contest and/or prevent others from participating in the Contest. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR/JUDGES MAY DISQUALIFY ANY PERSON MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
PUBLICITY. Acceptance of prize constitutes consent of winner to Sponsor’s use of winner’s name, likeness, biographical information and other indicia of persona for advertising/trade/publicity/marketing purposes without further compensation or right of approval, unless prohibited by law.
DISPUTES. To the fullest extent permitted by law, entrant agrees that (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prizes awarded shall be resolved individually, without resort to any form of class action, exclusively in the United States Federal Court for the Eastern District of New York, and entrant consents to the personal and exclusive jurisdiction of said court and expressly waives any right of change of venue, forum non conveniens or any like right; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred (if any), including costs associated with entering this Contest but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for 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. In any such dispute/claim/cause of action, the court shall apply the laws of the State of New York, with the sole exception of New York law governing choice of law/conflict of law (nor will any other jurisdiction’s choice of law/conflict of law provisions apply).
DATA COLLECTION/PRIVACY. Sponsor and its agencies collect personal information from you when you enter the Promotion. Entering the Promotion constitutes your permission to Sponsor to collect and maintain the data. The information collected is subject to the Sponsor’s Privacy Policy at http://www.kozyshack.com/privacy.html.
WINNERS LIST: For the winners list, available after 4/30/10, send an email with Subject Line: “Kozy Shack Pudding Personals to winnerslist@puddingpersonals.com. Requests must be received by 5:00:00 p.m. ET, 4/15/10.
SPONSORED BY: Kozy Shack Enterprises, Inc., Hicksville, NY
© 2010 Kozy Shack Enterprises, Inc. All rights reserved.
For additional support, contact us at support@puddingpersonals.com identifying a specific question in your e-mail message. E-mails will be answered as soon as possible in the order in which they are received. Allow approximately 3 business days to receive a response.
