Moskato Life Gift Card Sweepstakes

OFFICIAL RULES

NO PURCHASE NECESSARY.  A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.  MUST BE 21 YEARS OF AGE OR OLDER TO ENTER.  APPLICABLE IN KENTUCKY, NEW YORK AND TENNESEE ONLY. SEE COMPLETE ELIGIBILITY REQUIREMENTS BELOW. 

This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook or Twitter.  Facebook and Twitter are not affiliated with the Sponsor in any way.

1.  Sweepstakes Period/How to Enter: Moskato Life Gift Card Sweepstakes (the “Sweepstakes”) begins at 12:00:01 a.m. Eastern Standard Time (“EST”) on January 1, 2014, and ends at 11:59:59 p.m. EST on February 15, 2014 (the “Sweepstakes Period”).  There are two (2) ways to enter this Sweepstakes (“Entry Methods”):

Entry Method No. 1 – Enter via Text Message. Send a text message to “839863” with the word “MOSKATO” from your mobile device. You will then be sent a reply text that asks for your date of birth to confirm age eligibility for the Sweepstakes. You must reply to that text with your date of birth in the “MM/DD/YYYY” format. You are required to provide your date of birth in order to enter the Sweepstakes. You will also be sent another text that asks for your name and address. Responding to that text with your name and address is not required to enter the Sweepstakes.  Standard text message rates apply to all texts that are sent and received.

Entry Method No. 2 – Enter by Mail. Print your name, address, date of birth and telephone number and the words “Moskato Life Gift Card Sweepstakes – PHU20314” on a 3” x 5” card and mail to: c/o Avid Marketing Group (AMG), P.O. Box 1008, Rocky Hill, CT 06067-1008. All entries must be postmarked by February 17, 2014 and received by February 19, 2014. Prize will be awarded to the name provided in the entry.

When you enter you will receive one (1) entry into the Sweepstakes. Entering is free. Limit: One (1) entry per person, per mailing address, per cell phone number during the Sweepstakes Period regardless of method of entry. All entries through Entry Method No. 1 must be received no later than 11:59:59 p.m. EST on February 15, 2014.  All entries become the property of the Sponsor and will not be returned.

Proof of submission of an entry does not constitute proof of receipt of entry by Sponsor or its agents.  Sponsor reserves the right to void all entries made through any third-party website or service, or through any robotic, automatic, mechanical, programmed or similar entry duplication method, and to disqualify any individual using such a website/service or entry method, as applicable.

CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

In case of a dispute, entries will be deemed made by the authorized account holder of the e-mail address associated with the entry.  The “authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.  Sponsor may, at its sole discretion, require a potential prize winner to provide proof that s/he is the authorized account holder.

Any attempt by an individual to gain entries via a bot script or other brute-force attack will result in that individual and his/her e-mail address becoming ineligible.  Sponsor is not responsible for:  (i) electronic or digital transmissions or entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed or misdirected, or not received by Sponsor or its agents for any reason; (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures or human error that may occur in the transmission, receipt or processing of entries; (iii) destruction of or unauthorized access to, or alteration of, entries; (iv) failed or unavailable hardware, network, software, or telephone transmissions; (v) damage to entrant’s or any person’s computer or wireless device or its contents; (vi) causes beyond Sponsor’s reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Sweepstakes; (vii) any entries submitted in a manner that is not expressly allowed under these Official Rules; (viii) incorrect or inaccurate entry information whether caused by entrants or by any of the equipment or programming associated with or utilized in the Sweepstakes; (ix) any typographical or other error in any printing or advertising related to the Sweepstakes, in the administration or execution of the Sweepstakes, or in the announcement of the prize winners; (x) malfunctions or interference resulting from illicit, malicious or injurious code (including but not limited to viruses, worms and denial of service attacks); or (xi) cheating or fraud by any participant.

All incomplete or non-conforming entries will be disqualified.

If, for any reason, the Sweepstakes cannot be executed as planned, including, but not limited to, any governmental order, force majeure, social media mandate, printing, administrative or other error of any kind, transmission failure, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Sweepstakes, or if the Sweepstakes is compromised or becomes technically corrupted in any way, electronically or otherwise, Sponsor reserves the right, in its sole discretion, to cancel, modify or terminate the Sweepstakes and, if terminated before the original end date, to select the winners from among all eligible, non-suspect entries received through both entry methods combined as of the date/time of termination.

2.  Eligibility:  This Sweepstakes is open only to legal residents of all of Kentucky, New York and Tennessee who are 21 years of age or older at the time of entry.  Employees, directors, officers and agents of Sponsor, Avid Marketing Group (“AMG”), their respective parent companies, affiliates, subsidiaries, and advertising and promotion agencies, and any alcoholic beverage industry suppliers, importers, wholesalers, distributors or licensed retailers, and members of the immediate families (defined for these purposes as spouse, biological, adoptive and step-parents, children, siblings, grandparents, grandchildren and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are NOT eligible to participate.

3.  Prizes:  Grand Prizes: A total of One Hundred Ninety-Nine (199) prize winners will be awarded. Each prize winner will receive one (1) $25 Gift Card towards purchase at a local grocery store. Approximate Retail Value (“ARV”) of all prizes is $4,975.00.

Limit one (1) prize per person/email address/household.

4.  Drawing/Notification of Winners/Prize Claim Process:  Prize winners will be determined in three (3) random drawings; the first random drawing to occur on or about January 31, 2014, second random drawing to occur on or about February 7, 2014 and the third random drawing to occur on or about February 19. 2014.  The first prize drawing will consist of all eligible entries received by 11:59:59 p.m. ET on January 30, 2014. The second prize drawing will consist of all eligible entries received by 11:59:59 p.m. ET on February 6, 2014.  The final prize drawing will consist of all eligible entries received during the entire Sweepstakes (including eligible, non-winning entries from the initial prize drawing.) Fifty (50) prizes will each be awarded in the first and second drawing, and Ninety-Nine (99) Prizes will be awarded in the third and final prize drawing. Odds of winning a prize will be determined by the total number of eligible entries received for the applicable prize drawing. Prize winners selected in the initial prize drawing will be notified by text or email (depending on entry method) on or about January 31, 2014. Prize winners selected in the second prize drawing will be notified by text or email (depending on entry method) on or about February 7, 2014. Prize winners selected in the third prize drawing will be notified by text or email (depending on entry method) on or about February 19, 2014.

Except where prohibited, acceptance of prize constitutes winner’s consent to use of his/her name, likeness and biographical data for advertising and promotional purposes without additional compensation.

5.  General Conditions: This Sweepstakes is subject to all applicable federal, state and local laws and regulations.  Entry in the Sweepstakes constitutes an entrant’s full and unconditional agreement to abide by and accept the terms and conditions of these Official Rules and the decisions of AMG.  No transfer or substitution of prizes (or any portion thereof) or cash redemption permitted, except as provided herein or at Sponsor’s sole discretion.  Sponsor reserves the right to substitute a prize (or portion thereof) of equal or greater value in the event an advertised prize (or portion thereof) is unavailable.  Sponsor further reserves the right, in its sole discretion, to offer a cash alternative for a prize; however, the cash alternative may be less than the stated ARV of the prize.  All federal, state and local income taxes on the prizes are winners’ sole responsibility. All prizes will be awarded, provided they are claimed properly in accordance with these Official Rules.  By accepting a prize, winner waives the right to assert as a cost of winning said prize, any and all costs of redemption or travel to redeem said prize and any and all liability that might arise from redeeming or seeking said prize.  Sponsor reserves the right to conduct a background check of any criminal records of any prize winner and his/her guests.  To the extent necessary and permitted by law, prize winner and his/her guests shall authorize this background check.  Sponsor reserves the right, at its sole discretion, to disqualify prize winner and/or his/her guests based on the background check.

6.  Text Message Entry Conditions: By participating in this Sweepstakes, each entrant authorizes Sponsor to provide their text messaging number to Sponsor. Information collected in connection with this Sweepstakes will be used in accordance with Sponsor’s Privacy Policy and these Official Rules.  By participating in the Sweepstakes, you authorize Sponsor to communicate with you by text messaging for the purpose of Entry Method #1, as set forth herein. Sponsor and its agents are not responsible for text message entries not received due to lost, failed, delayed or interrupted connections or miscommunications, or to other electronic malfunctions, delays, or errors of any kind in the transmission or receipt of such entries. Sponsor is not responsible for incorrect or inaccurate entry information, whether caused by any human or technological error that may occur in the processing of entries. Any other attempted form of entry not specified herein is prohibited; no automatic, programmed, robotic or similar means of entry are permitted.

7.  Limitations on Liability: By entering or accepting a prize (if awarded to him/her), each entrant agrees to indemnify, release, defend and hold harmless the Sponsor, AMG, Facebook, Inc., Twitter, and each of their respective parent companies, subsidiaries, affiliates and agencies, and the officers, directors and employees of each of the foregoing (collectively, the “Released Parties”), from and against any and all liability for any claims (including but not limited to third-party claims) arising from or relating to loss, harm, damage, injury, cost or expense whatsoever including, without limitation, claims alleging property damage, personal injury (including without limitation emotional distress) and/or death, publicity rights, defamation or invasion of privacy that may arise from or in connection with participation in the Sweepstakes, including but not limited to, prize winner’s Sweepstakes entry; use of prize winner’s name, likeness, biographical information, signature, image or likeness; prize winner’s receipt, possession, acceptance, use and/or misuse or inability to use any prize or part thereof or participation in prize-related activities, including, but not limited to, injury or loss sustained in any travel related to the prize; financial claims; physical and/or emotional injury; and/or any other legal claim that may arise, whether under contract, tort, warranty or any other theory or claim.

By accepting a prize, each winner acknowledges that Sponsor has neither made, nor is in any manner responsible or liable for, any warranty, representation or guarantee, express or implied, in fact or in law, relative to such prize or any component thereof, including, but not limited to, its quality, mechanical condition or fitness for a particular purpose.

8.  Consent to Publicity: By accepting a prize, each winner consents to Sponsor’s use of his/her name, limited biographical information, voice, statements, photograph, taped or filmed image, and/or other likeness for advertising, promotional, public relations or trade purposes in commerce and in any media worldwide, whether now known or hereafter devised (including but not limited to the internet and social media) without limitation and without additional compensation or notice.

9.  Disputes/Severability: By participating or accepting a prize (if applicable), entrants agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with, this Sweepstakes or any prize shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal, state or local court located in the State of Illinois; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including, but not limited to, costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (c) to the extent allowed by applicable law, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and/or consequential damages and/or any other damages, other than 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 APPLY TO YOU.

All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants’ rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules (whether of Illinois or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than Illinois.

The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision.  In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.

10.  Winner’s List:  For winner’s list, please send a self-addressed stamped envelope to: Avid Marketing Group, Attn: Moskato Life Gift Card Sweepstakes – PHU20314, P.O. Box 1008, Rocky Hill, CT 06067-1008.  All requests for the winner’s list must be postmarked by March 8, 2014 and received by March 22, 2014.  Requests will be fulfilled after all winners are verified.

 

11. Sponsor:  This Sweepstakes is sponsored solely by Phusion Projects, LLC, Chicago, IL.

Any questions, comments or complaints regarding this Sweepstakes must be directed to the Sponsor only, and NOT to Facebook or Twitter.

The information you provide in connection with this Sweepstakes is being provided to the Sponsor and not to Facebook, Inc. or Twitter. Such information will be used for purposes of this Sweepstakes or otherwise in accordance with the Sponsor’s Privacy Policy, available at http://www.moskatolife.com/termsandconditions.

Copyright ©2014 Phusion Projects, LLC. All rights reserved.

Live the Moskato Life Responsibly.

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