Angie’s Boomchickapop – Win One Pufferize Your Room makeover valued at $7,500 and beanbags by October 15, 2015!
ANGIE’S BOOMCHICKAPUFF SWEEPSTAKES
ENDS AT 11:59:59 p.m. CDT on October 15, 2015
ANGIE’S BOOMCHICKAPUFF SWEEPSTAKES IS OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES OR DISTRICT OF COLUMBIA, WHO ARE THE AGE OF MAJORITY IN THEIR STATE OF RESIDENCE OR OLDER AT THE TIME OF ENTRY.
2. SWEEPSTAKES PERIOD:
Sweepstakes begins at 12:00:01 a.m. (midnight) Central Daylight Time on May 15, 2015 and ends at 11:59:59 p.m. CDT on October 15, 2015
3. TWO WAYS TO ENTER:
During the Sweepstakes Period, visit Angie’s Boomchickapuff websitepage at www.boomchickapuff.com (“Website”). Follow the online instructions to complete the entry form, which includes your name, address, email address, birthdate, and daytime phone number and submit your entry. Any other attempted form of entry is void. Online entries must be received and recorded by the Sponsor’s computer during the Sweepstakes Period.
(b) BY MAIL
To enter by mail, hand print your complete name, mailing address, email address, telephone number, and birth date on a 3” x 5” card and mail in a firstclass stamped envelope to: Angie’s Boomchickapuff Sweepstakes, PO Box 1108, Dept. 1017- 704, Young America, MN 55594-1108. Mail-in entries must be postmarked by the “Mail-In Postmarked By Date” and received by the “Mail-in Received By Date” listed in the chart in Rule #4 to be eligible for the corresponding (and subsequent) Drawings. Each mail-in entry must be mailed in a separately postmarked, hand addressed, stamped, outer envelope. No photocopied or mechanically reproduced entries will be accepted. No responsibility is assumed by Sponsor for lost, late, illegible, incomplete, stolen, postage-due, mutilated, non-delivered or misdirected entries or mail. Submissions become property of the Sponsor, and none will be returned. Limit one (1) entry per person/email address per day, regardless of entry method. A “day” is defined as each twenty-four (24) hour time period beginning at 12:00:00 a.m. CDT and ending at the following 11:59:59 p.m. CDT; except the first day of the Sweepstakes Period which is defined as beginning 12:00:01 a.m. CDT and ending 11:59:59 p.m. CDT of the same day. Any attempt by any participant to obtain more than one (1) entry per day by using multiple/different email addresses, identities or any other methods will void that participant’s entries and that participant may be disqualified. Online entrants must have a valid email address. Automated entries are prohibited, and any use of automated devices will cause disqualification.
The Judges will conduct two (2) random drawings on or about August 10, 2015 and October 23, 2015 (each, a “Drawing”) from all eligible entries received by the deadlines set forth in the table below. Non-winning entries for Drawing 1 will be carried over to Drawing 2. The decisions of the Judges and Sponsor are final and binding in all matters relating to this Sweepstakes. Potential winners will be notified by email or telephone at the email address/telephone number provided at time of entry on or about the next business day following each random Drawing.
Drawing Period – Deadline to enter – Drawing Mail-in Postmarked By Date – Mail-in Received By Date – Drawing Date
• PERIOD 1 : 07/31/15, 11:59:59 p.m. CDT – 07/31/15 – 08/07/15 – 08/10/15
• PERIOD 2 10/15/15, 11:59:59 p.m. CDT – 10/15/15 – 10/22/15 – 10/23/15
Winners must meet all eligibility requirements and Grand Prize Winner will be required to provide his/her Social Security number, and complete and submit to Sponsor an Affidavit of Eligibility and a Publicity and Liability Release (where legal) (which may include assignment and release language permitting Sponsor to photograph the room before and after the Makeover, at Sponsor’s sole discretion, and assigning all rights to such photographs to Sponsor for such purposes as it determines in its sole discretion, without additional compensation, in all media now known or hereafter discovered, worldwide and on the Internet, without notice, review or approval), each of which must be completed, signed and returned within seven (7) days from date of issuance, or the Grand Prize may be forfeited. If any prize or prize notification or attempted notification is returned as undeliverable, if Sponsor is unable to contact a potential winner within a reasonable time period, if required information is not timely provided to Sponsor, or if a potential winner is found to be ineligible or otherwise not in compliance with these Official Rules, the prize may be forfeited. By accepting a prize, winners acknowledge they are in compliance with these Official Rules. Limit of one (1) prize per person/household/email address. See Rule #5 for Prize Details.
5. PRIZE DETAILS/APPROXIMATE RETAIL VALUES (“ARV”)/ODDS:
• Drawing Period 1 Prizes:
First Prizes (10): One (1) Beanbag. ARV: $200.00 each.
Second Prizes (30): One (1) Beanbag Toss Game. ARV: $100.00 each.
• Drawing Period 2 Prizes:
First Prizes (5): One (1) Beanbag. ARV: $200.00 each.
Second Prizes (15): One (1) Beanbag Toss Game. ARV: $100.00 each.
• Grand Prize (1): One (1) “Pufferize Your Room” makeover (“the Makeover”) consisting of a consultation with a representative of the Sponsor and a room makeover not to exceed $7,500. ARV: $7,500.00.
Consultation will last approximately 1-2 hours so that Sponsor and Grand Prize Winner can discuss Grand Prize Winner’s personal style, desired items to be included in the Makeover, as well as the functionality of the space. Sponsor will present no more than three (3) makeover option(s) with a budget of $7,500.00 or less from with Grand Prize Winner will be able to select. Budget shall include the cost of the items to be purchased and other applicable charges as determined by Sponsor, in Sponsor’s sole discretion. Grand Prize Winner must be able to commit to Sponsor’s timeline for initial consultation, selection of the Makeover option, and completion of the Makeover, as determined by Sponsor, or prize may be forfeited and awarded to alternate winner. Grand Prize Winner will be responsible for disposal of any existing furniture and placement of any new furniture delivered. Sponsor will not be responsible for any damage associated with furniture delivery. Prior to the Makeover, Grand Prize Winner will be required to prove, to Sponsor’s reasonable satisfaction, that Grand Prize Winner has the right and authority to permit the Makeover at the designated property. Sponsor is not responsible for property on which the Makeover will be created. If at any time prior to completion of the Makeover, Grand Prize Winner does not respond to Sponsor by a deadline set by Sponsor, or in the absence of a stated deadline, within seven (7) days of receipt of a request from Sponsor for a response, Sponsor may, in its discretion, deem the Grand Prize Winner to have abandoned the prize and cease performance of the Makeover, and any remaining portion of the prize not delivered prior to such abandonment will be forfeited in its entirety.
• Total ARV of all prizes: $15,000.
If winner cannot accept the prize as stated, prize will be forfeited and awarded to an alternate winner. No substitution, cash redemption or transfer of prize permitted. However, Sponsor reserves right to substitute prize with prize of equal or greater value if advertised prize becomes unavailable. Odds of winning depend on the number of eligible entries received for a corresponding Drawing. Any difference between stated value and actual value will not be awarded.
6. GENERAL CONDITIONS:
Participants agree (a) that Sponsor and each of its parents, subsidiaries and affiliated companies, advertising and promotion agencies, and all of their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) are released, will have no liability whatsoever for, and shall be held harmless by participants against any liability for any injuries, losses or damages of any kind to person(s), including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in this Sweepstakes or any Sweepstakes-related activities (including any travel related thereto), and (b) except where legally prohibited, winners grant (and agree to confirm that grant in writing) permission to Sponsor and those acting under its authority the right to the use of his/her name, picture, likeness, voice, biographical information and statements, at any time or times, for advertising, trade, publicity and promotional purposes without additional compensation, in all media now known or hereafter discovered, worldwide in perpetuity, and on the Internet and World Wide Web, without notice, review or approval, unless prohibited by law.
7. LIABILITY LIMITATIONS:
Released Parties are not responsible for lost, late, misdirected, incomplete, or non-delivered entries or e-mail; or for interrupted or unavailable satellite, network, server, Internet Service Provider, Website, telephone or other connections, availability or accessibility, or miscommunications, or failed computer, satellite, telephone or cable transmissions, or lines, or technical failure or jumbled, corrupted, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures, or technical errors or difficulties, or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of entry or other information or the failure to capture, or loss of, any such information. Persons who tamper with or abuse any aspect of this Sweepstakes or otherwise attempt to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives, as solely determined by the Sponsor, will be disqualified. Any use of robotic, automatic, macro, programmed or like entry methods will void all such entries by such methods, and disqualify any entrant using such methods. Released Parties are not responsible for injury or damage to entrant’s or to any other person’s computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of the Website. Should any portion of the Sweepstakes be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, nonauthorized human intervention, technical failures or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Sweepstakes, and randomly select the winners from among all eligible, nonsuspect entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor. Released Parties are not responsible for any incorrect or inaccurate information, whether caused by Website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes, and assume no responsibility for any error, interruption, deletion, defect, delay in operation, or transmission, communications line failure, theft or destruction, or unauthorized use of this Website. In case of dispute, the authorized account subscriber of the email account used to enter the Sweepstakes at the actual time of entry will be deemed to be the entrant, and must comply with these Official Rules. The “authorized account subscriber” is deemed to be the natural person who is assigned an e-mail address by an Internet Access Provider, on-line service provider, or other organization which is responsible for assigning e-mail addresses. IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, DOCS-#4605741-v23 CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE SWEEPSTAKES, PRIZES, OR AN ENTRANT’S ACCESS TO AND USE OF THE WEBSITE OR DOWNLOADING FROM AND/OR PRINTED MATERIAL DOWNLOADED FROM SAID WEBSITE. WITHOUT LIMITING THE FOREGOING, THE PRIZES AND EVERYTHING ON THE WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO EVERY PARTICIPANT. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
8. BINDING ARBITRATION:
Any controversy or claim arising out of or relating to this Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Minnesota law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THIS SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY DOCS-#4605741-v23 FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
9. GOVERNING LAW & JURISDICTION:
These Official Rules and the Sweepstakes are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstakes Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Minnesota, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 8 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the Commonwealth of Minnesota in Hennepin County.
10. WINNERS’ LIST:
For the names of the winners, mail a self-addressed, stamped envelope to: Angie’s Boomchickapuff Sweepstakes Winners’ List Request, P.O. Box 3000, Dept. 1017- 704, Young America, MN 55558-3000 for receipt by November 23, 2015. 11. SPONSOR: Angie’s Artisan Treats, LLC, 1918 Lookout Dr., North Mankato, MN 56003.