Serving Up Smiles Photo Sweepstakes Official Rules

Posted at http://hunterpr.com/servingupsmiles/facebook

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. THE “SERVING UP SMILES PHOTO SWEEPSTAKES” (“SWEEPSTAKES”) IS INTENDED FOR PERSONS IN THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY. DO NOT ENTER THIS SWEEPSTAKES IF YOU ARE LOCATED ELSEWHERE.

DESCRIPTION OF SWEEPSTAKES: This is a game of chance.  Via online method only, entrants will have the opportunity to win the prizes described below.  During each Promotion Period (defined below), each eligible entrant who visits Mrs. T’s Pierogies Facebook Page (the “Site”) and follows the directions for submitting his/her Photo (as defined below) (“Site Entry”) will be eligible to win.

ELIGIBILITY: The Sweepstakes is open only to legal residents of the 50 United States and the District of Columbia, who are 18 years of age or older at the time of entry.  The Sweepstakes is not open to owners, directors, officers or employees of Ateeco, Inc. ("Ateeco, Inc," or "Sponsor"), Hunter Public Relations, LLC ("Reviewing Organization"), or their respective parent companies, affiliates, subsidiaries, franchises, agents, distributors, advertising and promotion agencies, fulfillment companies, and members of their immediate family (defined as spouse, parent, sibling, child and respective spouses regardless of where they reside) and/or those living in the same household of such persons (whether related or not).  The Sweepstakes is subject to all applicable federal, state, and local laws and regulations, and is void in Guam, the U.S Virgin Islands, Puerto Rico, other U.S. territories and possessions, military installations and where otherwise prohibited or restricted by law.

PROMOTION PERIOD: The Sweepstakes begins on Wednesday, February 1, 2012 at 12:00 PM Eastern Time (“ET”) and ends on Friday, November 30, 2012 at 11:59 PM ET, and consists of ten (10) separate and distinct promotion periods (each period being referred to herein as a “Promotion Period”).  Each Promotion Period begins at 12:00 AM ET on the first Monday of each calendar month during the Sweepstakes and ends at 11:59 PM on the last day of the applicable calendar month.  By way of example only, the first Promotion Period begins on Monday, February 6, 2012 at 12:00 AM and ends on Wednesday, February 29, 2012 at 11:59 PM.

Sponsor’s computer is the official clock for the Sweepstakes.

HOW TO ENTER: To enter, visit the Site during a Promotion Period and follow the directions for Site Entry.  When providing the Photo via Site Entry, each entrant will be instructed to complete and submit an entry form, provided on the Site, which will ask for entrant’s first name, last name, birth date and e-mail address. The Photo and the information provided on the entry form shall be referred to collectively as the “Submission Materials.” By uploading Submission Materials to the Site, entrant agrees that his/her Submission Materials conform to the requirements set forth herein and that Sponsor, in its sole discretion, may exclude such Submission Materials and disqualify entrant from the Sweepstakes if it believes, in its sole discretion, that the Submission Materials fail to conform to these Official Rules.  

One (1) entry will be selected at random from all eligible entries received during the applicable Promotion Period and deemed the winner for that Promotion Period.

In addition to fully and accurately completing the entry form, each entrant must submit one (1) photo depicting the entrant smiling, in JPG or GIF format, with a maximum file size of 5MB (the “Photo”).  The Photo must also comply with the following requirements:

1.  The Photo cannot depict any person other than entrant.
2.  The Photo cannot contain any content that is derogatory, profane, defamatory, libelous, slanderous, disparaging, lewd, threatening, sexually explicit, pornographic, illegal, obscene or otherwise inappropriate or objectionable.
3.  The Photo cannot incorporate any third party content, images or property.
4.  The Photo cannot contain any drug or alcohol use, references or images, or violate any applicable laws, rules or regulations.
5.  The Photo cannot depict or promote any activity that is unsafe, hazardous or dangerous, or that is prohibited by law.

Once submitted, Submission Materials cannot be revised or altered by entrant.

Entries received after the close of a Promotion Period will not be considered for that Promotion Period.  Entrants are limited to one (1) entry per person and per Facebook account per Promotion Period.  Non-winning entries will not be carried over into subsequent Promotion Periods, if any, and will not be eligible for future prize drawings.  Incomplete entries and/or entries not complying in all respects with the Official Rules are subject to disqualification.  Entries that have been tampered with or altered are void.  Sponsor reserves the right to prohibit the participation of an individual failing to comply with any provision in these Official Rules.  Proof of submitting an entry will not be deemed to be proof of receipt by Sponsor.  All materials submitted become the property of Sponsor and will not be returned.

WINNER NOTIFICATION: Winners will be notified via email at the same address through which they entered the Sweepstakes no more than ninety-six (96) hours following the end of the applicable Promotion Period.  To receive a prize, each potential winner must contact Sponsor directly via email within seventy-two (72) hours of Sponsor's sending such notification.  Potential winners who do not respond to winner notification within such seventy-two (72) hour period forfeit their prizes and alternate potential winners will be selected.  As a condition of eligibility, each potential winner may also be required to execute and return an affidavit of eligibility, publicity release (except where prohibited), liability waiver and/or any other documentation required by Sponsor (the “Documentation”) within three (3) days of delivery of such Documentation to such potential winner’s e-mail address described above.  If a potential winner fails to execute such Documentation within the required time period, or is otherwise found to be ineligible, the prize may be forfeited, at Sponsor’s sole discretion, and awarded to an alternate winner selected from the remaining eligible entries received.  Any documents returned to Sponsor as undeliverable will result in disqualification and selection of an alternate winner.  If three (3) alternate potential winners are selected without successfully securing an eligible winner, that prize may go unawarded.  Except where prohibited by law, acceptance of a prize constitutes a winner’s consent for Sponsor to use such winner’s name, biographical information, photograph and/or likeness for advertising and/or publicity purposes in all media now known or hereafter devised without any notice, compensation or other consideration.  Entrants expressly waive any and all rights to publicity that they have or may have arising out of or relating to the Sweepstakes.  Correspondence will not be acknowledged.

PRIZE VALUES AND ODDS OF WINNING.

The winner of each Promotion Period shall receive a 1-month supply of Mrs. T’s Pierogies in the form of 4 coupons (each redeemable for a single box of Mrs. T’s Pierogies), for a total approximate retail value (ARV) of $13.

Sponsor reserves the right, in its sole discretion, to substitute a prize or prizes of equal or greater value for any and all prizes. No other substitutions, cash equivalents or transfer of prizes will be allowed unless specifically authorized by Sponsor. Sponsor reserves the right not to award all prizes in the event an insufficient number of eligible entries are received. In the event that no eligible entries are received, no prizes will be awarded. Limit one (1) prize per entrant during the Sweepstakes.  Sponsor will not replace any lost, mutilated or stolen prizes.  Odds of winning depend on the number of eligible entries received.

Each winner is solely responsible for reporting and paying any and all applicable federal, state and local taxes and any additional fees associated with prizes. All federal, state and local laws and regulations apply. A 1099 form may be issued to winners and winners may be required to provide their social security number for reporting purposes.

GENERAL CONDITIONS.By entering the Sweepstakes, each entrant agrees: (I) to be bound by and abide by these Official Rules and by all decisions of Sponsor and the Reviewing Organization, whose decisions are final, binding and not open to appeal; (II) to release and hold harmless Sponsor, Reviewing Organization, Facebook, Inc. and all of their respective directors, officers, employees, subsidiaries, affiliates, agents, divisions, agencies, licensors and advertising and promotional agencies, fulfillment companies and/or judging agencies and any and all suppliers (“Released Parties”), from any and all liability whatsoever in connection with the Sweepstakes, including without limitation causes of action, injury, damage, liabilities, suits, cross-claims, counterclaims or any other claims arising out of or relating to participation in the Sweepstakes (including without limitation personal injuries and death and damage to, loss or destruction of property), WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF A RELEASED PARTY, including, but not limited to, third party claims that may be made against an entrant, and claims arising out of or relating to acceptance, receipt, possession or use/misuse of any prize money, or any publicity or other public exposure of an entrant, including without limitation, claims concerning infringement or invasion of an entrant’s privacy or publicity rights, or defamation, or acts undertaken in preparation for or participation in the Sweepstakes; (III) to assume all risks, express or implied, associated with all claims released above, including without limitation, all risks concerning application for and participation in the Sweepstakes; (IV) THAT NONE OF THE RELEASED PARTIES HAS MADE, OR IS RESPONSIBLE OR LIABLE FOR, ANY WARRANTY, EXPRESSED OR IMPLIED, RELATIVE TO ANY PRIZE, INCLUDING, BUT NOT LIMITED TO, ITS QUALITY OR FITNESS OR MERCHANTABILITY, AND ALL PRIZES ARE TENDERED TO ENTRANTS ON AN “AS IS” BASIS; and (V) to the use of the entrant’s name and likeness/image for editorial, advertising and promotional purposes in any and all media (now known or hereafter devised) without compensation unless prohibited by law.

The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook. Each entrant (i) releases Facebook from any claims he or she may have arising from or related to the Sweepstakes, (ii) will contact the Sponsor with any questions, comments or complaints regarding the Sweepstakes (not Facebook), and (iii) understands and acknowledges that the information he or she provides in connection with the Sweepstakes is collected by the Sponsor and not by Facebook and will be used solely for purposes of the Sweepstakes.

An entrant’s Photo must be entirely his/her original work, created solely by that entrant and must not have been published previously or won any other prize or award. Sponsor is not responsible for any printing, typographical, mechanical or other error in the printing of the Official Rules, administration of the Sweepstakes or in the announcement of the prize, nor is Sponsor responsible for typographical errors, omitted details or any other errors in any entry. Neither Sponsor nor Reviewing Organization will be responsible for technical malfunctions, inability to access the Site or for lost, late, scrambled, jumbled, destroyed, delayed, misaddressed or otherwise misdirected entries and Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delays in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. No incoherent, unoriginal, illegible, inaccurate or incomplete entries will be accepted. Neither Sponsor nor Reviewing Organization will be responsible for any problems or malfunctions of any electronic equipment, telephone network or lines, computer hardware or software, Internet servers or providers, problems uploading Submission Materials, failures in transmission of entries or other problems (whether due to technical problems, human error or traffic congestion (or any combination thereof)), including any injury or damage to a Representative’s or any other person’s computer arising out of, relating to or resulting from participation in this Sweepstakes.

In consideration of participating in the Sweepstakes, each entrant unconditionally and irrevocably grants to Sponsor a non-exclusive, royalty-free, perpetual, universe-wide, transferable and sublicensable right and license to use, copy, reproduce, publish, distribute, perform, display, translate, adapt, edit, modify, create derivative works out of and otherwise exploit the Submission Materials and the content thereof, in any way, in any and all markets, in any and all media now known or hereafter devised, without limitation and without notice, compensation or other consideration to the entrant, and upon Sponsor’s request, the entrant will execute any documents necessary to effectuate such license. Notwithstanding the foregoing, each entrant agrees that except with respect to submission of the Submission Materials as part of the Sweepstakes, he/she will not in any way, and he/she will not license or permit any third party to in any way, use or exploit the Submission Materials in any manner whatsoever unless Sponsor has provided its prior written consent in each instance with respect thereto. Each entrant represents and warrants that he/she has the right to grant such rights to Sponsor and that the reproduction, publishing, broadcasting, displaying and/or other use of the Submission Materials by or on behalf of Sponsor will not infringe upon or violate any rights of any third party, including but not limited to copyrights, trademarks, right of privacy or right of publicity. Without limitation of the foregoing, Submission Materials may be featured on the Site and in other promotional materials and advertising of the Sweepstakes and/or Sponsor. By entering, each entrant agrees that in connection with the Sweepstakes they have no right to bring, and covenant not to bring, any claim, action, or proceeding of any kind or nature whatsoever against Sponsor, the Reviewing Organization or any of its or their respective directors, officers, employees, subsidiaries, affiliates, agents, partners, representatives, suppliers, divisions, agencies, successors, assigns, licensors and advertising, promotional and judging agencies, and any and all prize suppliers. No entrant shall receive any compensation for use of the Submission Materials.

Failure to comply with the Official Rules will result in disqualification. An entrant and/or winner will be disqualified, at the sole discretion of Sponsor and/or Reviewing Organization, if he/she attempts (a) to enter the Sweepstakes through any means other than described in these Official Rules; or (b) to disrupt the Sweepstakes, circumvent the terms and conditions set forth in the Official Rules, or in any way tamper with any component of the Sweepstakes. Mechanically reproduced entries will not be accepted. In the event of a dispute as to the identity of an entrant who submits an entry, the entry will be declared made by the Authorized Account Holder of the e-mail account. “Authorized Account Holder” is defined as the natural person who is assigned to an e-mail address by an Internet service provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain name associated with the submitted e-mail address. Any entrant may be requested to provide Sponsor with proof that such entrant is the Authorized Account Holder of the e-mail address associated with his/her entry.

Entrant agrees not to defame or disparage the Sponsor, its parent and affiliate companies, or Reviewing Organization.

CAUTION: ANY ATTEMPT TO DAMAGE THE SITE 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 SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) TO THE FULLEST EXTENT PERMITTED BY LAW.

Sponsor reserves the right, in its sole discretion, to suspend, modify or cancel the Sweepstakes, or any portion thereof, if it cannot be run as originally planned for any reason including, but not limited to, as a result of tampering or infection by computer virus, bugs, fraud, unauthorized intervention or fraud or other or other causes beyond the control of Sponsor. If, in the judgment of Sponsor, the Sweepstakes is compromised as set forth herein, Sponsor reserves the right to conduct the Sweepstakes from among all eligible entries received, if any, prior to the date on which the event that compromised the Sweepstakes occurred. Sponsor reserves the right to take whatever action it deems necessary or appropriate in connection with the administration of the Sweepstakes. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in Sponsor’s sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception or other unfair practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass other entrants or any Sponsor representatives. Any individual who attempts to participate using multiple e-mail addresses, multiple identities or any other device or artifice to participate multiple times or to interfere with the proper administration of this Sweepstakes, will be disqualified from participation in the Sweepstakes.

Each entrant understands that during the Sweepstakes and thereafter, Submission Materials may be posted on the Site and/or other websites on the Internet, included, mentioned and/or discussed on local and/or national television and/or written about in newspapers, magazines, blogs, chat rooms, bulletin boards and elsewhere and/or included in advertisements. Each entrant hereby acknowledges and agrees that the Released Parties have no control over such uses, postings or the statements, opinions, discussions, comments or otherwise made about the content of the Photos or the entrant. Without limiting anything set forth above, each entrant expressly releases the Released Parties from and against any actions, claims, injuries, losses or damages allegedly caused, directly or indirectly, by any such uses, postings or comments.

In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes materials (e.g., marketing, advertising or other ancillary documents) and these Official Rules, the Official Rules shall prevail, govern and control.
DISPUTES / CHOICE OF LAW. Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in the Borough of Manhattan, City and State of New York; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and in no event shall include attorneys’ fees associated with participation in the Sweepstakes; (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, “Special Damages”); and (4) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. New York law governs these Official Rules, the Sweepstakes and all aspects related thereto or arising there from.

ENTRANT'S PERSONAL INFORMATION: Information collected from entrants is subject to the Ateeco, Inc. privacy policy, which is accessible via the following link:
http://www.pierogies.com/retail/policy/privacy.aspx.  Entrants understand that they are providing their information to Sponsor and not to Facebook.

OFFICIAL RULES. These Official Rules will be posted on the Site, as well as on www.hunterpr.com/servingupsmiles/facebook. Individuals may request a hard copy of these rules by sending a self-addressed, stamped #10 envelope to: Serving Up Smiles Photo Sweepstakes, c/o Hunter Public Relations, 41 Madison Avenue, 5th Floor, New York, NY 10010. Requests for Official Rules must be postmarked by November 19, 2012. Vermont residents may exclude return postage.

WINNERS LIST: The names of the winners may be obtained by sending a self-addressed, stamped envelope to: Hunter Public Relations, Attn: Mrs. T’s Serving Up Smiles Sweepstakes, 41 Madison Avenue, Fl 5, New York, NY 10010. Requests for the names of the winners must be postmarked by Monday, December 17, 2012. Vermont residents may exclude return postage.

SPONSOR. Mrs. T’s Pierogies / Ateeco, Inc., 600 E Centre Street, Shenandoah, PA 17976

© 2012 Ateeco, Inc. All rights reserved.