5 - ROCK YOUR SENSES SWEEPSTAKES OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER, PLAY, OR WIN. PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. MANY WILL ENTER, FEW WILL WIN.
1. TIMING & ELIGIBILITY: The 5 - Rock Your Senses Sweepstakes (the "Sweepstakes") begins at 12:01 a.m. Eastern Time ("ET") September 9, 2008 and ends at 11:59 p.m. ET November 30, 2008 (the "Promotional Time Period").
Restricted to entrants 18 to 35 years of age at time of entry who are legal U.S. residents residing in the 50 United States (includes the District of Columbia) who have cellular phone service through a supported carrier as of September 1, 2008 (supported carriers: Alltel, AT&T, Boost, Cellular One, Nextel, Sprint, T-Mobile, Verizon, Virgin) and/or a valid email address. Void in Puerto Rico and where prohibited by law. Employees ("Employees") of Wm. Wrigley Jr. Company ("Wrigley" or "Sponsor"), GMR Marketing LLC ("GMR"), Live Nation Worldwide, Inc. ("Live Nation"), Millennium Communications, Trymark Consulting Group LLC, World Domination Design Group ("WDDG"), BBDO Worldwide ("BBDO"), MindShare Worldwide ("MindShare"), and each of their respective affiliates, subsidiaries, sales representatives, distributors, retailers and promotional and other vendor agencies involved in this Sweepstakes (collectively, the "Released Parties") are not eligible. Immediate family members (defined for the purposes of this Sweepstakes as parent, child, sibling, spouse regardless of where they reside) of such Employees and individuals who reside in the same household with any Employees, whether related or not, are not eligible. Sweepstakes is subject to all federal, state, and local laws and regulations. VOID WHERE PROHIBITED. Odds of winning depend on the number of entries received.
2. ENTRY AND PRIZE AWARD: Limit one (1) entry per person/phone number/email address per day, regardless of the method of entry. Two Ways To Enter: (1) VIA TEXT MESSAGE: Using your text message-capable phone with the appropriate short-code capabilities, send a text message with the keyword "SENSES" to short code 55005. Regular text messaging charges apply, per entrant's carrier service rate plan. Not all cellular carriers may support the Sweepstakes. (2) ONLINE: At www.5gum.com/txt, enter your cell phone number and email address. Enter any time during the Promotional Time Period; limit one entry per person per day, regardless of method of entry. All entries must be received by 11:59 p.m. ET November 30, 2008. Instant win prizes are distributed at random times throughout the Promotional Time Period. The first entrant to play after a designated prize time wins that prize, subject to verification. (See Rule #4 below for further prizing details). Potential winning entrants will receive a bounce-back message via text message/email with details on how to claim the prize through www.5gum.com. All Instant-Win prizes must be claimed by 11:59 p.m. ET December 14, 2008. If you have special needs within the meaning of the Americans with Disabilities Act, and require assistance to participate in the Sweepstakes, please call (262) 780-6164. Use of any automated entry software is prohibited. The Released Parties assume no responsibility for incorrect or inaccurate entry information, human error, or technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any computer equipment or software, or any combination thereof, or for lost, late, misdirected, or incomplete entries.
Instant win prizes are distributed at random times throughout the Promotional Time Period. The first entrant to play after a designated prize time wins that prize, subject to verification. (See Rule #4 below for further prizing details). Potential winning entrants will receive a bounce-back message via text message/email with details on how to claim the prize through www.5gum.com. All Instant-Win prizes must be claimed by 11:59 p.m. ET December 14, 2008.
If you have special needs within the meaning of the Americans with Disabilities Act, and require assistance to participate in the Sweepstakes, please call (262) 780-6164. Use of any automated entry software is prohibited. The Released Parties assume no responsibility for incorrect or inaccurate entry information, human error, or technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any computer equipment or software, or any combination thereof, or for lost, late, misdirected, or incomplete entries.
3. GRAND PRIZES: Five (5) Grand Prizes: A trip to a New Year's Eve Celebration for the winner and up to five (5) guests to one of five (5) U.S. cities! Trip is for the Grand Prize Winner and up to five (5) guests ("Guests"), (collectively, "Group") to New York City, Los Angeles, Miami, Las Vegas, or Chicago. Trip includes: (i) roundtrip coach-class airfare for the Group (from airport near Grand Prize winner's hometown at time of entry as selected at the discretion of Sponsor; ground transportation or other arrangements may be substituted at Sponsor's discretion); (ii) two (2) nights hotel accommodations (hotel to be determined at the discretion of Sponsor, in three (3) double occupancy rooms, excluding meals, room service, and other incidentals); (iii) $150 per diem for each member of the Group, to be awarded in the form of a corporate check issued before travel to the winner only; (iv) ground transportation to and from airport and hotel and to and from hotel and select activities; (v) access to a select New Year's Eve party at the travel destination (party and all arrangements to be determined at the discretion of the Sponsor); (vi) three (3) Sensory prizes (each a merchandise prize to be determined at the sole discretion of the Sponsor); and (vii) Group activities (all activities and arrangements to be determined at the discretion of the Sponsor). The estimated Approximate Retail Value ("ARV") of each Grand Prize is $16,090. Actual value of prize may vary based on point of origination, travel itinerary, and hotel pricing. If actual value of travel portion of prize is less than stated, difference will not be awarded in cash, and no such claim will be honored. Grand Prize winner's Guests must be 18 years of age or older and have reached the age of majority in their state of residence. The Group must travel together on the same itinerary, as well as possess all required travel documents (e.g. valid government-issued photo ID) prior to departure. Destination, travel route, hotel accommodations, transportation, activities, and all elements of the prize will be arranged by the Sponsor, in its sole discretion based on availability and reasonableness. The Group is solely responsible for meals, souvenirs, taxes, gratuities, other ground transportation, and all other expenses not expressly specified herein. Grand Prize trip travel dates are expected to be between December 30, 2008 and January 2, 2009. The five (5) Grand Prize winners will choose their destination from among the following choices: New York City, Los Angeles, Miami, Las Vegas, and Chicago. Dates and destination will be determined by the Sponsor, in its sole discretion, based on availability. Travel dates and arrangements are to be determined and are subject to availability and some restrictions may apply. If the Grand Prize winner is unable to complete trip on the dates approved by the Sponsor or before January 2, 2009, the Grand Prize winner shall forfeit the prize in its entirety and an alternate winner will be selected, time permitting.
All federal and state income, sales, and similar taxes associated with the prize are the sole responsibility of the Grand Prize winner and any additional tax obligation that the winner may be liable for is the sole responsibility of the winner. Wrigley will comply with all applicable income tax reporting obligations. The Grand Prize winner must provide the Sponsor with certain tax information that is required by IRS regulations. The Grand Prize winner will receive a form 1099-Misc from the Sponsor or GMR that will state the value of the Grand Prize. The Grand Prize consists only of items specifically listed as part of the Grand Prize. The Sponsor reserves the right to substitute prize of the same approximate retail value. The Grand Prize is not transferable; no prize substitution or cash alternatives are allowed except by Sponsor due to unavailability of prize. Odds of winning depend on the number of eligible entries received.
Drawing and Winner Processing: Grand Prizes will be awarded in a random drawing on or about December 4, 2008 by Wrigley. Potential Grand Prize winners will be notified by phone/text message/express mail on or about December 5, 2008 by GMR, an independent judging organization whose decisions on all matters related to the Sweepstakes are final. If winner notification of prize is returned as undeliverable or if winner does not respond to notification attempts within 72 hours, the prize will be forfeited in its entirety and an alternate winner will be selected. Documentation may be required to determine the Authorized account holder of the wireless telephone or email address that is provided in the entry. "Authorized Account Holder" is defined as the natural person to whom the applicable wireless service provider or Internet service provider, or other organization (such as business or educational institution) has assigned an email address or phone number. Documentation may be required to prove identity and/or eligibility. For an entrant to become the Grand Prize Winner, he/she must complete an affidavit of eligibility, a publicity release (where legal), a liability release, travel companion documents as described below, and the appropriate tax documents (the "Documents") and return the Documents within seven (7) calendar days of receipt, or prize may be forfeited and alternate winner chosen. If an agreement satisfactory to Sponsor cannot be reached, prize will be forfeited in its entirety and an alternate potential Grand Prize winner will be chosen. If the Grand Prize winner is at least 18 but a minor in his/her jurisdiction of residence (an "eligible minor"), the prize may be awarded in the name of, or to, the winner's parent/legal guardian, who must execute all documents and agree to all obligations and undertakings of winner, both on behalf of himself/herself and winner, or prize may be forfeited and awarded to an alternate winner. In such a case, the Grand Prize winner would become the travel companion to his/her parent/legal guardian and must execute an affidavit of eligibility, a publicity release (where legal), and a liability release. Proof or verification of identity and qualifications may be required. Failure to comply may result in disqualification and selection of another potential winner, as selected based on criteria described.
Grand Prize Winner's Guests: Each Grand Prize winner must designate up to five (5) guests who are 18 years of age or older and have reached the age of majority in their state of residence within seven (7) calendar days of receipt of the Documents. In addition, within those seven (7) calendar days, the guests must sign and return an affidavit of eligibility, publicity release (where legal), and liability release and travel on the same itinerary, including departure city, as the Grand Prize winner.
Publicity Release: Except where prohibited, acceptance of prize by winners and guests constitutes winners' and guests' consent that their name, likeness, voice, and/or biographical data may be used by the Sponsor for advertising and promotional purposes without limitation and without additional notice, compensation, or consent.
4. INSTANT-WIN PRIZES: (Awarded as described in Rule #2)
a. One Thousand (1,000) First Prizes: One (1) $75 Live Nation Concert Pack card, which will be awarded in the form of a digital gift certificate. The prize is redeemable only on the Live Nation Web site located at http://www.livenation.com/concertpack. The prize may be used to download six (6) songs and to obtain two (2) general admission/lawn tickets for a show held at select Live Nation owned and operated venues in the United States from November 1, 2008 through December 31, 2009. Tickets and music downloads are redeemable until December 31, 2009. You must be a member of the Live Nation ticket club to redeem the Code (membership is free). Tickets are subject to program availability and venue capacity restrictions. Tickets to a particular show are not guaranteed. All additional terms and conditions on the gift certificate shall apply. The ARV of each First Prize is $75.
b. Twenty Five Thousand (25,000) Second Prizes: Five (5) music downloads from the Wrigley 5 Music Store. All terms and conditions on the Wrigley 5 Music Store shall apply. The ARV of each Second Prize is $3.75.
c. The total number of Instant Win prizes to be awarded is 26,000. The total ARV of all Instant-Win Prizes is $168,750. All federal and state income, sales, and similar taxes associated with the prize are the sole responsibility of the winner and any additional tax obligation that the winner may be liable for is the sole responsibility of the winner. The Sponsor reserves the right to substitute prize of the same approximate retail value. Prizes are not transferable; no prize substitution or cash alternatives are allowed except by Sponsor due to unavailability of a prize.
d. Instant-Win Selection, Notification & Prize Claims: Potential winning text-message and online Sweepstakes entrants will receive immediate notification. A winning text message entrant will receive a bounce-back SMS message with a URL and a unique code; winner will claim prize by accessing the URL on the internet and entering code. For online entrants, upon submitting entry, the next screen will disclose whether or not entrant won. For online winners, the winner will receive an email to the address submitted in his/her online entry. The email will contain a URL and a unique code; winner will claim prize by accessing the URL and enter code. All winning entrants will also be required to provide name, address, birth date, and cell phone number in order to claim prize. Prize will be emailed to the email address given by the winner after prize has been claimed. All Instant-Win prizes must be claimed by 11:59 p.m. ET December 14, 2008.
e. Second-Chance Drawing: Any Instant-Win First Prizes not claimed or returned as undeliverable will be awarded in a drawing from among all entries received during the Promotional Period. Unclaimed or undeliverable Instant-Win Second Prizes will not be awarded via a Second-Chance drawing. Second-Chance drawing will be held on or about December 17, 2008 and Second-Chance Winners will be notified via email or SMS message to the email address or cell phone number provided in the winner's original entry. The email and/or SMS message will contain instructions on how to claim the prize. Odds of winning a prize in the Second Chance Drawing depend on number of eligible entries received.
5. MISCELLANEOUS. Each winner and/or winner's parent or legal guardian in the case of an eligible minor winner will be solely responsible and liable for the reporting of, and payment of, all federal, state, and/or local taxes incurred as a result of any prize(s) won. Valid taxpayer ID or Social Security number may be required from winner or parent or legal guardian when redeeming a prize. A 1099 form may be issued to any winner or parent/legal guardian who receives prizes totaling $600 or more. Prizes cannot be used or redeemed in conjunction with any other promotion or offer and may not be transferred, refunded, substituted, or sold or otherwise transferred for consideration. Released Parties are not responsible for lost, late, misdirected, or incomplete entries, notifications, or responses to notifications. All requests and entries become the property of Wrigley and will not be returned.
6. RULES: Rules are available at www.5gum.com/txt. Or, to obtain a copy of the Official Rules, send a self-addressed, stamped envelope (Vermont residents may omit return postage) postmarked by November 14, 2008 and received by November 21, 2008 to: 5 - Txt to Stimulate Sweepstakes Official Rules, 5000 S. Towne Dr., New Berlin, WI 53151.
7. ELECTRONIC REGISTRATION: This Sweepstakes is intended for viewing in the United States only and shall be construed and evaluated only according to U.S. law. Do not enter this Sweepstakes if you are not a resident of the United States. If for any reason the electronic portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor reserves the right at its sole discretion to cancel, terminate, modify, or suspend the Sweepstakes. In addition, Sponsor may prohibit an entrant from participating in the Game if it determines that said entrant is attempting to undermine the legitimate operation of the Game by cheating, hacking, deception or other unfair playing practices or intending to abuse, threaten or harass other entrants. Each entry must be manually key-stroked and manually entered by the individual participant. Repetitive automated electronic submission of entries is specifically prohibited, and any such entries will be disqualified. In the event of a dispute, the potential winner may be required to provide proof that he or she is the authorized account holder of the identified phone number or email address, and Sponsor's decision will be final. "Authorized account holder" is defined as the natural person who is assigned to a phone number by a phone service carrier or the natural person to whom the applicable Internet service provider or other organization (such as a business or educational institution) has assigned the e-mail address for the domain associated with the submitted e-mail address. The Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, entries, including any error that may result in an erroneous appearance of qualification of prize. The Released Parties are not responsible for any problem or technical malfunction of any telephone network or lines, computer online systems, servers or provider, computer equipment, software, failure of any email or entry to be received by Sponsor due to technical problem or traffic, congestion on the Internet or at any Web site, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this Sweepstakes. WARNING: ANY ATTEMPT BY ANY PERSON 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 ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGE FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
8. ADDITIONAL TERMS: Text messages will be billed according to the customer's existing rate plan with their carrier. Wrigley does not guarantee message accuracy, completeness, or delivery. Text messages are neither monitored nor controlled for content. Text messages are limited to 160 characters per message. WRIGLEY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE PROVIDED. Wrigley reserves the right, in its sole discretion, to modify, terminate, or suspend the Sweepstakes should viruses, bugs, unauthorized human intervention, or causes beyond Wrigley's control, corrupt, or impair the administration, security, or fairness of the Sweepstakes. Wrigley reserves the right, in its sole discretion, to disqualify any individual found to be tampering with the entry process or the operation of the Sweepstakes, acting in violation of these rules, acting in an unsportsmanlike or disruptive manner, or acting with intent to annoy, abuse, threaten, or harass any other person. Any use of robotic, automatic, programmed, or similar entry methods will void all entries submitted by such methods. The supported carriers for the Sweepstakes are Alltel, AT&T, Boost, Cellular One, Nextel, Sprint, T-Mobile, Verizon, Virgin.
9. BY ENTERING, entrant (or his/her parent/legal guardian on his/her behalf if entrant is an eligible minor) agrees to accept and abide by the rules of this Sweepstakes. All decisions by Sponsor or GMR regarding this Sweepstakes are final. By claiming prize, entrants acknowledge and agree that they have read, consented to, complied with, and will be bound by, these Official Rules. By participating in the Sweepstakes, entrant agrees to hold harmless the Released Parties from and against any and all liability, claims, or actions of any kind whatsoever for injury, loss, or damage to person or property, including death or property, due in-whole or in-part, directly or indirectly, to the acceptance or use/misuse of a prize, participation in any Sweepstakes-related activity or participation in the Sweepstakes. The Released Parties are not responsible for any typographical, electronic, or other errors in the offering of this Sweepstakes, administration of the Sweepstakes, or announcement of prizes, including such errors as may erroneously result in notification that a prize has been won. Entrants (or their parents/legal guardians on their behalf if entrant is an eligible minor) further agree that in the event of any third party claims, damages, losses, or injuries or death arising from or relating to this Sweepstakes, and/or entrants' use of any prize, entrants will indemnify each of the Released Parties from any and all such claims, including the attorneys' fees related thereto.
In no event will more prizes be awarded than the number of prizes listed in these Official Rules. If erroneous prize notifications result in claims from more entrants than there are prizes available, Sponsor reserves the right to award the available prizes in a random drawing from among all claimants. In the event Sponsor is prevented from continuing with this Sweepstakes, or the integrity and/or feasibility of the Sweepstakes is undermined by any event, including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state, or local government law, order or regulation, order of any court or jurisdiction, or by other cause not reasonably within the Sponsor's control (each a "Force Majeure" event or occurrence), Sponsor shall have the right, in its discretion, to abbreviate, modify, suspend, cancel, or terminate the Sweepstakes without further obligation. If Sponsor, in its sole discretion, elects to abbreviate the Sweepstakes as a result of a Force Majeure event or any other event that compromises the intended play of the Sweepstakes, Sponsor reserves the right, but not the obligation, to award the prize from among all valid and eligible entries received up to the time of such Force Majeure event. All entries are the property of Sponsor and are not returnable.
10. CONDITIONS OF PARTICIPATION: As a condition of participating, entrant agrees that: (i) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out of pocket expenses, if any, (ii) all causes of action arising out of or connected with this Sweepstakes, or any compensation or credit to be provided, shall be resolved individually, without resort to any form of class action; and (iii) any and all claims, judgments, and award shall be limited to actual out of pocket costs incurred, if any, and in no event shall entrant be entitled to receive attorneys' fees or other legal costs. This Sweepstakes shall be governed by Illinois substantive and procedural law, without giving effect to any choice of law or conflicts of laws rules or provisions (whether of the State of Illinois or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of Illinois. By participating in this Sweepstakes, entrant and parent/legal guardian irrevocably consent that Illinois courts shall have personal jurisdiction over any dispute or litigation arising from or relating to this Sweepstakes and that venue shall only be in the federal or state courts of Illinois. All federal, state, and local laws and regulations apply.
11. DATA COLLECTION: Information submitted in connection with the Sweepstakes will be treated in accordance with these Official Rules and Sponsor's Privacy Policy (as may be amended from time to time), currently located at http://www.5gum.com/five/privacy.do; provided that in the event of any conflict between these Official Rules and such Privacy Policy, the terms and conditions of these Official Rules shall prevail.
12. WINNERS LIST: For Grand through Third Prize winners' names, send a self-addressed, stamped envelope (Vermont residents may omit postage) postmarked by February 2, 2009 and received by February 9, 2009: to: 5 - Rock Your Senses Sweepstakes Winners List, 5000 South Towne Drive, New Berlin, WI 53151.
SPONSOR: Wm. Wrigley Jr. Company, 410 North Michigan Avenue, Chicago, IL 60611.
SWEEPSTAKES ADMINISTRATOR: GMR Marketing LLC, 5000 South Towne Drive, New Berlin, WI 53151.
© 2008 Wm. Wrigley Jr. Company, Chicago, IL 60611. All rights reserved.