The Tetley CMA Awards Sweepstakes
Official Rules:
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT IMPROVE YOUR CHANCES OF WINNING. PROMOTION DESCRIPTION: The Tetley CMA Music Awards Sweepstakes (the "Sweepstakes") begins at 12:00 a.m. Eastern Time ("ET") on June 15, 2009 and ends at 11:59 p.m. ET on October 16, 2009 (the "Promotion Period"). At the end of the Promotion Period, a random drawing will be conducted to select one (1) Grand Prize winner from among all eligible entries received, as set forth more fully below. Entry in the Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Tetley USA Inc., 155 Chestnut Ridge Road, Montvale, NJ 07645 (“Sponsor”) and be3 Marketing Group ("Administrator"), which shall be final and binding in all respects. ELIGIBILITY: Open only to legal U.S. residents of the forty-eight (48) contiguous United States and the District of Columbia (excludes Alaska, Hawaii and Puerto Rico) who are eighteen (18) years of age or older at the time of entry. Officers, directors and employees of Sponsor, Administrator, the Country Music Association, Inc., and each of their parents, subsidiaries, affiliates, contractors, distributors, sales representatives, retailers, advertising and promotion agencies, and any others engaged in the development, production, execution or distribution of this Sweepstakes, (collectively, the "Promotion Entities") and each of their immediate family members (parents, spouses, siblings, and children and their spouses) and/or people living in the same household are ineligible to enter the Sweepstakes or win a prize. VOID WHERE PROHIBITED. HOW TO ENTER: A. Online Entry: During the Promotion Period, visit the web site www.tetleyusa.com (the “Web site”) and follow the instructions to complete the entry form with the information requested. Click “Submit Entry” to submit your entry form for the Sweepstakes. Upon completion and submission of the entry form, you will automatically be entered. All required information on the entry form must be completed to enter and to be eligible to win. Online entry into the Sweepstakes must be made by the entrant, only at the Web site. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including, but not limited to, commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. Proof of entering information at the Web site is not considered proof of delivery to or receipt by Sponsor of such entry. The Web site's database clock will be the official timekeeper for all Sweepstakes entries. B. Mail-in Entry: To be eligible, mail-in entries must be postmarked by October 12, 2009 and received by Sponsor by October 16, 2009. No copies, facsimiles, or mechanical reproductions will be accepted. 1. Using Official Entry Forms: Forms are available at participating grocery retail locations. To enter, visit the Tetley CMA Music Awards Sweepstakes display at any participating grocery retail location and follow the instructions to complete the entry form with the information requested. Then mail the Official Entry Form to: Tetley® CMA Music Awards Sweepstakes, P.O. Box 1610, Millersville, MD 21108. 2. Alternate Form of Entry: If not entering via the Web site or the Official Form, you may enter via mail (available for all eligible entrants). Handprint in ink your name, address, telephone number and/or email address and the words Tetley® Iced Tea on a 3 x 5 note card and mail it to: Tetley® CMA Music Awards Sweepstakes, P.O. Box 1610, Millersville, MD 21108 Sponsor is not responsible for lost, late, incomplete, incorrect, inaccurate damaged, misdirected, illegible, postage due entries, requests, claims, mail or other submissions, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the processing of the entries in the Sweepstakes. Sponsor assumes no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries. Tampering with the entry process or the operation of the Sweepstakes, including, but not limited to, using any device to automate the entry process, is prohibited, and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void. In the event of a dispute regarding the identity of an entrant, Sponsor may require the entrant to provide proof of identity, to be determined by Sponsor, in its sole discretion. If said dispute cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible, and the entrant will be disqualified from the Sweepstakes. All duplicate entries shall be deemed void. All entries, requests, claims and other submissions are Sponsor's property and will not be returned. LIMIT ONE (1) ENTRY PER PERSON, REGARDLESS OF METHOD OF ENTRY. PRIZES/ODDS: GRAND PRIZE: One (1) Grand Prize consisting of a trip for two (2) to the 2009 CMA Music Awards, scheduled to occur on November 11, 2009, in Nashville, TN. Trip package includes two (2) nights hotel accommodations for the Grand Prize winner and one (1) guest (one (1) room, double occupancy); two (2) rehearsal packages, a VIP backstage tour, two (2) CMA Music Awards Tickets; two (2) tickets to a CMA Special Event; a CMA Gift Bag; and (i) if the Grand Prize Winner’s place of residence is located more than 200 miles from Nashville, TN, roundtrip domestic coach airfare for two (2) between the major airport that is nearest to the Grand Prize winner’s residence (determined by Sponsor in its sole discretion) and Nashville, TN and ground transportation between the airport in Nashville, TN and the hotel; or (ii) if the winner’s place of residence is located within a 200 mile radius of Nashville, TN, reimbursement of $.55 per mile between the recipient’s place of residence and the hotel in Nashville, TN. The approximate retail value (ARV) of the Grand Prize is $5,000 (actual value of trip may vary depending upon point of departure and fluctuation in costs). All expenses and incidental travel costs not expressly stated in the Grand Prize description above, including, but not limited to, meals, incidentals, passenger tariffs or duties, insurance, surcharges, airport fees, service charges or facility charges, personal charges at lodging, hotel room taxes or other hotel fees, security fees, taxes, gratuity or other expenses are the sole responsibility of the Grand Prize winner. No cash alternative or substitution of the Grand Prize will be allowed, except Sponsor reserves the right in its sole discretion to substitute a prize of equal or greater value if any portion of the Grand Prize listed is unavailable for any reason whatsoever. Grand Prize winner must use the prize on the designated dates. Actual odds of winning depend on the number of eligible entries received during the Promotion Period. GENERAL PRIZE CONDITIONS: The Grand Prize will be awarded only if the potential Grand Prize winner and his/her travel companion fully comply with these Official Rules. All portions of the Grand Prize are non-assignable and non-transferable. Prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Sweepstakes materials are for illustrative purposes only. Actual prize(s) may vary from the prize(s) pictured. All details and other restrictions of the Grand Prize not specified in these Official Rules will be determined by Sponsor in its sole discretion. The Grand Prize winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the Grand Prize. The Grand Prize winner’s travel companion must be eighteen (18) years of age or older, or if such travel companion is under the age of majority in his or her state of residence (a “minor”), the Grand Prize winner must be such minor’s parent or legal guardian. The Grand Prize winner and his/her travel companion must travel together on the same itinerary and must possess all required travel documents and comply with any applicable hotel check-in requirements, such as a deposit or payment in advance or presentation of a major credit card. All aspects of the travel portions of the Grand Prize must be conducted on such dates as determined by Sponsor in its sole discretion. Sponsor also reserves the right to structure travel routes and to select hotels, in its sole discretion. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. Other travel restrictions and blackout dates may apply. The Grand Prize winner will not receive cash or any other form of compensation if actual travel costs are less than the estimate made in these Official Rules. Any hotel cancellations or changes to hotel reservations after confirmation must be made with the hotel directly, and the Grand Prize winner is solely responsible for any charges and/or fees arising from changes made directly with the hotel. In the event the Grand Prize winner and/or his or her travel companion engages in behavior that, as determined by Sponsor in its sole discretion, is obnoxious, denigrates the Promotion Entities, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip or other applicable experience early, in whole or in part, and send the Grand Prize winner and/or his or her travel companion home with no further compensation. Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning the Grand Prize or any portion thereof furnished in connection with the Sweepstakes. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE GRAND PRIZE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. WINNER SELECTION & NOTIFICATION: On October 19, 2009, a potential Grand Prize winner will be randomly selected in a drawing from among all eligible entries received during the Promotion Period. The potential Grand Prize winner will be notified by telephone using the contact information provided at the time of entry on or about October 20, 2009. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. Within five (5) days of the date notice/attempted notice is given (the “Notification Period”), the potential Grand Prize winner will be required to execute and return to Sponsor an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”). If the potential Grand Prize winner is a minor in his/her state of residence, at Sponsor’s option, the applicable prize either will be awarded in the name of the parent or legal guardian of such minor winner, or the parent or legal guardian of such minor winner will be required to ratify and sign Prize Claim Documents. The Grand Prize winner’s travel companion shall also sign and return to Sponsor an Affidavit of Eligibility and a Liability Release within the Notification Period. If, despite Sponsor's reasonable efforts, the potential Grand Prize winner cannot be contacted or fails to sign and return the Prize Claim Documents during the Notification Period, such potential Grand Prize winner will forfeit his or her prize, and an alternate winner may be selected by random drawing from among all remaining eligible entries received during the Promotion Period. A potential Grand Prize winner will also be disqualified from the Sweepstakes, and an alternate winner may be selected, if he/she is found to be ineligible, has not complied with these Official Rules or declines the Grand Prize for any reason prior to award. Sponsor will conduct no more than three (3) alternate drawings, after which the Grand Prize will not be awarded. GENERAL RULES OF PARTICIPATION: Acceptance of the Grand Prize constitutes winner’s permission, unless prohibited by law, for the Promotion Entities to use winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. By participating in this Sweepstakes, entrants (and any minor entrant's parent or legal guardian) agree that the Promotion Entities (A) shall not be responsible or liable for, and hereby release, indemnify and hold harmless said Promotion Entities from, any and all claims, costs, injuries, losses, liability and/or damages of any kind, including, but not limited to, death, bodily injury and injury to person's property, due in whole or in part, directly or indirectly, to entrant's participation in the Sweepstakes or in any Sweepstakes-related activity, or from entrant's acceptance, receipt, possession, use and/or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, THE PROMOTION ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding the Grand Prize or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the end of the Promotion Period, Sponsor will (if possible) select the winner in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. If, for any reason, more than one (1) bona fide winner comes forward seeking to claim the Grand Prize, the winner of the Grand Prize may be selected in a random drawing from among all persons making purportedly valid claims for the Grand Prize. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these 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 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. LIMITATION OF LIABILITY: Sponsor and its partners and assignees, assume no responsibility for any damage to an entrant’s, or any other person's, computer system which is occasioned by accessing the Web site or otherwise participating in the Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor and its partners and assignees are not responsible for incomplete, illegible, misdirected, misprinted, late, lost, garbled, damaged, stolen, or postage-due entries, submissions or prize notifications; lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, web sites, or other connections; miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; any technical malfunctions, failures, difficulties or other errors of any kind or nature; the incorrect or inaccurate capture of information, or the failure to capture any information; or any typographical or printing errors in any Sweepstakes materials, including, but not limited to, these Official Rules. PRIVACY: Entry information may be shared with Sponsor's promotional partners and to the extent required for prize fulfillment purposes. Except as otherwise contemplated in these Official Rules, and to the extent entrants may otherwise elect at the time of entry, personal information collected in connection with the Sweepstakes will be used in accordance with Sponsor’s privacy policy located at www.tetleyusa.com/privacy.asp. GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW JERSEY WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS. ARBITRATION PROVISION: By participating in this Sweepstakes, each entrant agrees that any and all disputes the entrant may have with, or claims entrant may have against, the Promotion Entities relating to, arising out of or connected in any way with (i) the Sweepstakes, (ii) the awarding or redemption of any prize, and/or (iii) the determination of the scope or applicability of this agreement to arbitrate, will be resolved individually and exclusively by final and binding arbitration administered by the National Arbitration Forum (the “Forum”) and conducted before a sole arbitrator pursuant to the Code of Procedure established by the Forum. The arbitration shall be held at a location determined by the Forum pursuant to the Code of Procedure, or at such other location as may be mutually agreed by the participant and Sponsor. The arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Sweepstakes. There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the participant’s and/or Sponsor’s individual claims, and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator shall not have the power to award punitive damages against the participant or Sponsor. For more information on the Forum and/or the Forum's Code of Procedure, please visit their web site at www.arb-forum.com. If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. WINNER’S LIST: Grand Prize winner's name will be posted for 30 days at www.Tetleyusa.com starting November 12, 2009. You may also request a copy of the winners list or obtain a copy of the full Official Rules by sending a SASE to Tetley CMA Music Awards Sweepstakes Official Rules, P.O. Box 1428, Millersville, MD 21108. Vermont residents may omit return postage. All requests must be received by October 16, 2009. SPONSOR: Tetley USA Inc., 155 Chestnut Ridge Road, Montvale, NJ 07645. ADMINISTRATOR: be3 Marketing Group, 2 Kensett Avenue, Wilton, CT 06897 © 2009 Tetley USA Inc. All Rights Reserved.
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