Get Into The Forest

OFFICIAL RULES

 

NO PURCHASE NECESSARY

 

PROMOTION DESCRIPTION:  Get Into The Forest (the “Promotion”) begins on or about August 15, 2009 at 12:01 a.m. Eastern Time (“ET”) and ends on April 30, 2010 at 11:59 p.m. ET (the “Promotion Period”). The Promotion consists of an instant win game (“Instant Win Game”) to award the Grand Prize (the “Grand Prize”) and random draw sweepstakes (“Sweepstakes”) as described below. Entry in the Promotion does not constitute entry into any other promotion, contest or sweepstakes.  By participating in the Promotion, each participant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Ferrara Pan Candy Company, 7301 W. Harrison Street, Forest Park, IL  60130 (“Sponsor”), which shall be final and binding in all respects.

 

ELIGIBILITY:  Only legal U.S. residents who are thirteen (13) years of age or older are eligible to enter. Eligible participants who are under the legal age of majority in their state of primary residence (“Minor”) must get their parent or legal guardian’s permission to participate in the Promotion.  A Minor participant will be required to provide parental consent in a form satisfactory to the Sponsor before he or she can be declared a winner and any prize can be awarded. Sponsor and its parent, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies and each of their respective officers, directors and employees (collectively, the “Promotion Entities”) and the immediate family members, and/or those living in the same household of each, are ineligible to enter the Promotion or win a prize.  Void where prohibited by law.

 

HOW TO PARTICIPATE:

 

To participate in the Promotion, visit the web site blackforestfun.com (the “Website”). If this is your first visit to the Website, you must first complete the registration form with the information requested. If you have previously registered, you may simply enter your username and password when prompted at the Website.  You must be registered and logged in at the Website in order to participate in the Instant Win Game and be entered into the Sweepstakes.  Each time you visit the Website, you will also need to enter a UPC code from any of the following products in order to participate in the Promotion:

 

74400(6)          BF Gummy Bears

74402(0)          BF Gummy Worms

74401(3)          BF Swirly Gummy Bears        

74403(7)          BF Gummy Glo-Worms          

74404(4)          BF Sour Gummy Lightning Bugs        

74405(1)          BF Gummy Tarantulas

74406(8)          BF Juicy Oozers Sour Gummy Sharks            

74407(5)          BF Juicy Oozers Sour Sanded Fun Fish          

74408(2)          BF Juicy Oozers Gummy Fun Bugs    

74409(9)          BF Juicy Oozers Cherry Gummy Sharks        

74410(5)          BF Gummy Strawberries         

74411(2)          BF Gummy Cherries   

74412(9)          BF  Peach Mellos        

74563(8)          Black Forest Gummy Bears (Value Pack)       

74564(5)          Black Forest  Gummy Glo-Worms (Value Pack)        

74603(1)          Black Forest Gummy Worms (Value Pack)

74517(1)          Black Forest Glo-Worms (Value Pack)           

74518(8)          Black Forest Swirly Gummy Bears (Value Pack)        

74508(9)          Black Forest Gummy Bears (Value Pack)       

74510(2)          Black Forest Gummy Worms (Value Pack)

 

To enter the Promotion without purchasing a product, use code FerPanGummy when you log in to the Website. All requested information on the registration form at the Website must be completed to participate in the Promotion and to receive an entry into the Sweepstakes or be eligible to win a prize. Except as contemplated in these Official Rules, personal information collected in connection with this Promotion will be used in accordance with the privacy policy found on the Website

 

After logging in to the Website, you will instantly be notified if you have won the Grand Prize and will receive one (1) entry into the Sweepstakes. If you receive a message that contains any message other than a Grand Prize winning message, you are not the Grand Prize winner. 

 

If you are notified that you are the Grand Prize winner, you must comply with all conditions of these Official Rules and winning is contingent on fulfilling all requirements.  The Grand Prize winning message will include instructions for claiming your Grand Prize.  There is no guarantee that the Grand Prize will be awarded.

 

NOTE: Participation must be by the participant, only at the Website.  Participation 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 promotion subscription notification and/or entering service sites, will be declared invalid and disqualified for this promotion.  The use of any device to automate the entry process is prohibited.

 

The Website’s database clock will be the official timekeeper for online entries in this Promotion.  In the event a dispute regarding the identity of the individual who actually participated in the Promotion cannot be resolved to Sponsor’s satisfaction, the affected individual game play will be deemed ineligible.  The Promotion Entities shall not be responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Promotion or by any technical or human error which may occur in the processing of the entries in the Promotion.  The Promotion Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries. 

 

If due to printing, production or other errors, more Instant Win Game prizes are claimed than intended, the intended Instant Win Game prize will be awarded in a random drawing from all those submitting purportedly valid claims. No more than the number of prizes set forth in these Official Rules will be awarded. ALL POTENTIAL WINNING INSTANT WIN GAME PLAYS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING. A "SCREEN SHOT" IS NOT PROOF OR EVIDENCE OF A WINNING INSTANT WIN GAME PLAY AND/OR PRIZE. A PARTICIPANT IS NOT A WINNER OF ANY INSTANT WIN GAME PRIZE, EVEN IF THE WEBSITE SHOULD SO INDICATE, UNLESS AND UNTIL SAID PARTICIPANT’S ELIGIBILITY AND THE POTENTIAL WINNING PLAY HAS BEEN VERIFIED AND SAID PARTICIPANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY PLAY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE PLAY AND IS VOID AND WILL NOT BE HONORED.

 

Limit one (1) entry per person and/or per e-mail address per week during the Promotion Period.  For purposes of these Official Rules, a “day” is defined as any twenty-four (24) hour period beginning at 12:01 a.m. ET and ending at 11:59 p.m. ET.

 

SWEEPSTAKES WINNER SELECTION AND NOTIFICATION:  At the end of the Promotion Period, the Sweepstakes prize winners will be randomly selected from all eligible entries received during the Promotion Period.  The potential Sweepstakes prize winners will be notified by telephone and/or mail and/or e-mail, using contact information provided or collected at the time of registration.  Sponsor shall have no liability for any Sweepstakes winner notification that is lost, intercepted or not received by a potential Sweepstakes winner for any reason.  If, despite reasonable efforts, a potential Sweepstakes winner does not respond within forty-eight (48) hours of the first notification attempt, or if the Sweepstakes prize or prize notification is returned as unclaimed or undeliverable to such potential Sweepstakes winner, such potential Sweepstakes winner will forfeit his or her prize and an alternate Sweepstakes winner may be selected.  Sponsor or its designee, in its sole discretion, will attempt to contact up to three (3) potential Sweepstakes winners of a prize in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed.  If any potential Sweepstakes prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a Sweepstakes prize for any reason prior to award, such potential Sweepstakes prize winner will be disqualified and an alternate Sweepstakes prize winner may be selected. 

 

PRIZES/APPROXIMATE RETAIL VALUES/ODDS:

 

Instant Win Game Grand Prize:

 

One (1) Grand Prize is available.  The Grand Prize consists of $100,000 cash.  The odds of winning the Grand Prize are 1:68,145,900. The Grand Prize will be paid in the form of a check, which shall be sent to the verified winner via certified mail within ten (10) business days of verification of the win and winner's eligibility.

 

Sweepstakes Prizes:

 

One (1) First Prize is available.  The First Prize consists of a four (4) day/three (3) night trip for the winner and up to three (3) guests to Yellowstone National Park.  The prize includes round-trip, coach-class air transportation for the winner and up to three (3) guests from the major airport nearest winner’s home (as determined in the sole discretion of Sponsor), three (3) nights’ hotel accommodation (one room, quadruple occupancy); the use of a rental car for the duration of the trip (subject to First Prize winner qualifying for the use of the rental car according to the terms and conditions of the designated rental car company); $500 spending money; four (4) Koozie drink insulators; four (4) mini Frisbees; four (4) plastic decks of cards; four (4) vinyl first aid kits; four (4) flashlights; one (1) tent; four (4) lanterns; four (4) captain’s chairs; and four (4) Koozie six-pack holders.  The approximate retail value (“ARV”) of the First Prize is $5,000.  The winner’s travel companion(s) must be eighteen (18) years of age or older, or if a travel companion is a Minor, the winner must be such companion's parent or legal guardian.  In the event the winner is a Minor, he/she must be accompanied by his/her parent/legal guardian as one of the travel companions.  Winner and his or her guests must travel together on the same itinerary and possess all required travel documents.  Air transportation tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. ARV for travel prizes may vary depending upon points of departure and destination and fare fluctuations.  If the closest airport to the prize winner’s home is in close enough proximity to prize destination city so that, as Sponsor may determine in its sole discretion, a flight is unnecessary, such prize winner will receive alternate transportation from the Sponsor with no further obligation to the winner. Winner will not receive cash or any other form of compensation if actual travel costs are less than the prize ARV in these Official Rules.  Sponsor reserves the right to structure the travel route and select hotels in its sole discretion.  The First Prize trip must be conducted by July 31, 2011.  All travel arrangements must be booked through Sponsor a minimum of thirty (30) days in advance of anticipated travel date.  Certain restrictions and blackout dates may apply and all travel is subject to availability.

 

Twenty-five (25) Second Prizes are available.  Each Second Prize consists of one (1) Koozie drink insulator; one (1) mini Frisbee; one (1) plastic deck of cards; one (1) vinyl first aid kit; one (1) flashlight; one (1) tent; one (1) lantern; one (1) captain’s chair; and one (1) Koozie six-pack cooler.  The ARV of each Second Prize is $106.

 

Two hundred Twenty-five (225) Third Prizes are available.  Each Third Prize consists of one (1) Koozie drink insulator; one (1) mini Frisbee; one (1) plastic deck of cards; one (1) vinyl first aid kit; one (1) flashlight; one (1) lantern; and one (1) Koozie six-pack cooler.  The ARV of each Third Prize is $14.

 

Five hundred (500) Fourth Prizes are available.  Each Fourth Prize consists of one (1) Koozie drink insulator; one (1) mini Frisbee; and one (1) flashlight.  The ARV of each Fourth Prize is $2.75.

 

The odds of winning a Sweepstakes prize depend on the number of eligible entries received.

 

Total value of all prizes combined is:  $117,175.

 

GENERAL PRIZE CONDITIONS:  No cash alternative or prize substitutions will be allowed, except Sponsor reserves the right to substitute prize(s) of comparable value if a prize listed is unavailable for any reason. Prize winners 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 applicable prize.  The potential Grand Prize winner, if any, and potential First Prize winner (and in the event of a Minor winner, his/her parent/legal guardian on his/her behalf) must execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”). The travel companions of the First Prize winner will also be required to execute applicable Prize Claim Documents prior to ticketing of the travel prize.  In the event any travel companion is a Minor, his/her parent/legal/guardian must also sign the applicable Prize Claim Documents on such Minor travel companion’s behalf.  If winner fails or refuses to sign and return all Prize Claim Documents within five (5) days of prize notification (or a shorter time if required by exigencies), winner may be disqualified and an alternate winner may be selected.

 

Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished by third parties in connection with the Promotion.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE 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.

 

GENERAL:  Acceptance of a prize constitutes prize winner’s permission for Sponsor to use prize 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.  Participants agree that the Promotion Entities (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Promotion or any Promotion-related activity, or from participants’ acceptance, receipt, possession and/or use 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 assumes no responsibility for any damage to a participant’s or any other person’s computer system or wireless phone which is occasioned by accessing the Website or otherwise participating in the Promotion, 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 is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.  Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Promotion or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Promotion, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.  No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted.  Sponsor reserves the right to modify, extend, suspend, or terminate the Promotion if it determines, in its sole discretion, that the Promotion 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 Promotion as contemplated herein. In the event Sponsor is prevented from awarding prizes or continuing with the Promotion as contemplated herein by any event beyond its control, Sponsor shall have the right to modify, suspend, or terminate the Promotion.  If the Promotion is terminated before the designated end date, Sponsor will (if possible) select winner(s) 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 participant’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 by a duly authorized representative of Sponsor.  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.

 

GOVERNING LAW/JURISDICTION:  ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF PARTICIPANTS OR SPONSOR IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF ILLINOIS 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.

 

WINNER’S LIST/OFFICIAL RULES:  For the names of winners of the Grand, First, and Second Prizes, send a self-addressed, stamped envelope to: Black Forest Fun Promotion Winners, Care of M2W, Inc., PO Box 852546, Mesquite, TX 75185.  All such requests must be received within six (6) weeks after the end of the Promotion Period.