CELEBRITY OUTDOOR SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE OR DONATION NECESSARY. A PURCHASE/DONATION WILL NOT IMPROVE YOUR CHANCES OF WINNING. OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES (EXCEPT FOR NEW YORK OR FLORIDA), WHO ARE 18 OR OLDER WITH A VALID DRIVER’S LICENSE AS OF DATE OF PARTICIPATION. VOID IN NEW YORK, FLORIDA, PUERTO RICO AND WHERE PROHIBITED BY LAW. INTERNET ACCESS REQUIRED.
Employees, officers and directors of Morrell’s Gourmet Chocolates, LLC (“Sponsor”), NASP Archery, Inc., Centershot Ministries, their respective parents, affiliates, subsidiaries, divisions, and advertising and promotional agencies, other persons/entities involved in the creation, development or implementation of the Sweepstakes (including but not limited to persons involved directly or indirectly in selling Morrell’s Gourmet Chocolates), and the immediate family members (parents, step-parents, step-siblings, siblings, children, step-children, spouses, regardless of where they live) and persons living in the same household of each (whether or not related) are not eligible.
TO OBTAIN GAME CARDS: Beginning on or about 11/1/2009 and continuing through 4/15/2010 (“Game Period”), purchase a ½ pound box of Morrell’s Gourmet Chocolates from a youth seller. For each ½ pound box of chocolates purchased during the Game Period, you will receive (3) game cards, while supplies last. Your chocolate purchase will help support the National Archery in the Schools Program and Centershot Ministries. But, Sponsor makes no representation of any kind that any charitable deduction or other tax benefit may be claimed in conjunction with chocolate purchase. NO PURCHASE OR DONATION NECESSARY. For (3) free game cards, while supplies last, send a self-addressed stamped envelope to Morrell’s Gourmet Chocolates, LLC ATTN: Free Game Card, 1721 Hwy. 71 North, Alma, AR 72921, to be received by 4/22/2010. Vermont residents only may omit return postage. Limit (3) game cards per valid request. Each request must be mailed separately.
TO PLAY: Scratch each game card where indicated. Between 11/1/2009 and 6/1/2010, navigate the Internet to www.morrelltargets.com, click on the “Celebrity Outdoor Sweepstakes” link to access the Sweepstakes Page and then compare the series of numbers revealed on game card with the series of numbers listed on the web site. If the series of numbers revealed on your game card matches, exactly and in order, one of the listed winning series of numbers, you are a winner of the corresponding prize as designated on the web site, SUBJECT TO VERIFICATION. Game cards are void and will be rejected if determined by Sponsor, at its sole discretion, to be counterfeit, forged, obtained outside authorized, legitimate channels (i.e., other than from youths authorized to sell Morrell’s Gourmet Chocolates), mutilated, irregular, illegible, altered or tampered with in any way (other than potential winner’s legal signature as per Rule 4 below) or if game cards contain mechanical, typographical or other errors. GAME CARDS CONTAIN SPECIAL, INVISIBLE ANTI-FRAUD SECURITY MARKINGS.
PRIZES AND ODDS OF WINNING: Grand Prize (1) – 2010 Toyota Tacoma® truck. Manufacturer’s Suggested Retail Price: $15,170.00. Odds 1:750,000. First Prizes (9) – Outdoor Adventure trip. Approximate Retail Value: $2,000.00 each. (Actual value of trip depends on winner’s trip, point of departure, airfare fluctuations and other factors; winner will not receive difference between approximate retail value and actual value of trip). Odds 1:84,000. PRIZE CLAIM/TO REDEEM: All game cards/prize claims are subject to verification; YOU ARE NOT A WINNER OF THE CORRESPONDING PRIZE UNLESS AND UNTIL YOUR GAME CARD HAS BEEN VERIFIED BY SPONSOR AND YOUR ELIGILIBILITY AND COMPLIANCE WITH THESE OFFICIAL RULES HAS BEEN CONFIRMED BY SPONSOR VIA THE AFFIDAVIT/RELEASE AS DISCUSSED BELOW. To redeem, first sign the original game card (not a copy) with your legal signature. Then, mail in a business-size (#10) envelope the original, signed game card and a 3”x5” card/paper with your printed first and last name, complete address (including zip code), daytime telephone number and date of birth. Prize claims must be received by 6/15/2010; after such time, prize claims will NOT be accepted. It is recommended that you submit prize claims via certified mail, return receipt requested and that you retain a copy of your prize claim for your records. All submitted game cards/prize claims become property of Sponsor and will not be returned. Prizes which are unclaimed or forfeited will NOT be awarded. After receipt of a prize claim, Sponsor will provide potential winner with an Affidavit of Eligibility and Liability/Publicity Release (where legal), which must be completed and returned within (5) business days of date of prize notification. Failure to return the Affidavit of Eligibility/Release within such time period for whatever reason or if such winner notification is returned to Sponsor as undeliverable for any reason may result in prize forfeiture without compensation of any kind. If forfeited, prize will NOT be awarded.
5. CONDITIONS ON PRIZES. GRAND PRIZE. Winner will be solely responsible for license, insurance, registration and all other costs/expenses in conjunction with claiming, ownership and use of the vehicle. Vehicle includes standard features; all non-standard features are not included as part of the prize and are winner’s sole responsibility. Actual prize (including color of vehicle) may differ from vehicle as depicted in advertising materials. Vehicle will be delivered to winner’s residence (excluding Florida, New York or Puerto Rico) approximately 6 to 8 weeks after completion of verification procedure. Notwithstanding the foregoing, winner understands and agrees that the preceding time frame represents only an estimate as to vehicle delivery date and, to the fullest extent permitted by law, waives any right or claim against Sponsor relative to any delay in delivery. Winner may be required to furnish government issued photo identification, evidence of legally required insurance as well as a valid driver’s license as a prerequisite to taking possession of vehicle. Winner understands and agrees that all liability for vehicle becomes the winner’s exclusive responsibility once the vehicle has been delivered to prize winner’s residence and accepted by him/her. Vehicle is not new; it is USED. Grand Prize winner accepts vehicle AS IS with the understanding that Sponsor is the current owner of vehicle and the vehicle may have been operated and/or displayed by Sponsor for promotional/commercial and/or other purposes. TO THE FULLEST EXTENT PERMITTED BY LAW, SPONSOR MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE OF ANY KIND, WHETHER IN FACT OR IN LAW, EXPRESS OR IMPLIED, REGARDING THE VEHICLE, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, OR THE VEHICLE’S QUALITY. [Toyota Motor Sales, Inc. has not sponsored, endorsed or authorized this Sweepstakes, Morrell’s Gourmet Chocolates, LLC, NASP Archery, Inc., the National Archery in the Schools Program or Centershot Ministries in any way.]
FIRST PRIZES. Winner will receive an Outdoor Adventure, consisting of roundtrip coach air travel from major commercial airport nearest winner’s residence to major commercial airport nearest Outdoor Adventure location (airports to be selected by Sponsor in its sole discretion); lodging for 3 days/3 nights at situs of Outdoor Adventure activity (type and location of accommodations to be determined by Sponsor in its sole discretion); ground transportation between major commercial airport nearest Outdoor Adventure location and Outdoor Adventure activity; passes/licenses and rental of necessary equipment (as determined by Sponsor in its sole discretion) to participate in Outdoor Adventure activity. Sponsor shall select type of Outdoor Adventure activity from among the following possibilities: Whitetail Adventure; Trout Fishing Adventure; Bass Fishing Adventure; Mule Deer Adventure; Turkey Adventure. Sponsor shall also select, in its sole discretion, situs of Outdoor Adventure activity; such situs will be within the 48 contiguous United States. Outdoor Adventure trips are subject to availability (including seasonal availability) and other restrictions. Winner must take Outdoor Adventure trip selected for him/her on dates in 2010 or 2011 as approved by Sponsor in its sole discretion. Outdoor Adventure trip may include one or more of the following celebrities (the exact celebrity/celebrities participating, if any, are in Sponsor’s sole discretion): Dale Morrell, Rodney Atkins, Joe Ferguson, Bert Jones, Jimmy Houston, Roland Martin, Tracy Byrd, Tracy Lawrence, Lee Lakosky, Tiffany Lakosky, Harold Knight, David Hale, Joey Martin Feek, Rory Lee Feek, Daryle Singletary, Cuz Strickland, Michael Waddell, Hank Parker. Participation of any of the indicated celebrities in Outdoor Adventure trip has no retail value and is subject to each indicated celebrity’s availability and professional commitments. Participant understands and agrees that if an indicated celebrity cannot participate in Outdoor Adventure trip for any reason, Sponsor’s liability shall be limited to the award of the remaining elements of the trip. If trip does include celebrity/celebrities, such celebrity/celebrities may or may not furnish winner with their autograph; such decision being at each celebrity’s sole discretion. Winner must at all times act in an appropriate, well-behaved and respectful manner during Outdoor Adventure trip; if Sponsor determines in its sole discretion that winner has acted inappropriately (including failure to follow directions of Sponsor representative), Sponsor may immediately terminate the trip (without any liability to winner) and take other actions deemed necessary in its sole discretion to protect its rights. Winner must travel on itinerary as set by Sponsor in its sole discretion. All unspecified incidental costs/expenses in conjunction with acceptance/use of First Prize (including but not limited to travel to/from departure airport) are winner’s sole responsibility. Valid government issued identification is required for air travel. If winner’s residence is within approximately 150 miles of situs of Outdoor Adventure activity (as determined by Sponsor in its sole discretion), winner will receive ground transportation between his/her residence and Outdoor Adventure Activity location in lieu of air transportation and will not receive any compensation in conjunction with such substitution. Outdoor Adventure trip may or may not be filmed, videotaped and/or audiotaped by Sponsor or its designees at the sole discretion of Sponsor. Sponsor in no way represents that it will film/videotape/audiotape the Outdoor Adventure trip and Sponsor shall have no liability whatsoever should Sponsor choose not to film/videotape/audiotape Outdoor Adventure trip for any reason. Should Sponsor or its designees elect to film/videotape/audiotape Outdoor Adventure trip, winner agrees that as between winner and Sponsor, Sponsor will own any and all rights, title and interest (including the copyright) relative to such filming/videotaping/audiotaping and may use such filming/videotaping/audiotaping in its sole discretion without notice to or approval of winner. And, winner further agrees, without compensation in addition to the First Prize and upon Sponsor’s request, to sign and return any and all additional documents so as to perfect, effect or record such ownership rights of Sponsor in the film/videotape/audiotape.
C. ADDITIONAL PRIZE CONDITIONS. Prizes are not transferable or assignable; prizes cannot be exchanged or redeemed for cash or credit. If advertised prize is unavailable for any reason, Sponsor reserves the right at its sole discretion to award an alternate prize of equal value. Limit one (1) prize per person or household. Any and all taxes on prizes are the sole responsibility of winner and Sponsor will report winner’s receipt of prize and the fair market value of the prize to appropriate governmental authorities as required by law.
6. CONDITIONS ON PARTICIPATION: Participant assumes all risk of loss or damage to, or destruction of, game cards or prize claims. Without limiting the foregoing, Sponsor disclaims any and all liability for late, lost, stolen, misdirected, defective, irregular, erroneous, illegible, postage due, damaged or incomplete game cards or prize claims (as applicable). Liability for a game card containing printing or other errors or irregularities is limited to replacement with another randomly selected game card, while supplies last. Only the intended number of prizes as outlined in these Official Rules will be made available to be won. If, for any reason, more prize claims are received than prizes offered in a given prize category, Sponsor will award only the prizes (not previously awarded) in such affected prize category in a random drawing among all eligible persons properly claiming prizes in such affected prize category.
7. AGREEMENT TO OFFICIAL RULES/RELEASES. By participating, participants agree (a) to be bound by the Official Rules and Sponsor’s decisions, which are final and binding in all respects and not subject to appeal; and (b) to release and hold harmless Morrell’s Gourmet Chocolates, LLC, NASP Archery, Inc., Centershot Ministries, their respective parents, affiliates, subsidiaries, divisions, and advertising and promotional agencies, their respective officers, directors, members, employees, representatives, successors and assigns (“Released Entities”), from any and all claims, demands, damages, losses or liabilities caused by, arising out of, or related to their participation in the Sweepstakes and/or their acceptance, possession, use/misuse of any prize. Without in any way limiting the foregoing, participant acknowledges and understands that Outdoor Adventure trip activities may involve hunting and/or other inherently dangerous conduct which may result in physical, psychological, neurological, physiological injury (including but not limited to dismemberment or paralysis) or even death and, to the fullest extent that he/she may do so under law, participant expressly assumes all risks of engaging in such conduct. Participant indemnifies, releases and agrees to hold harmless the Released Entities from any liability in conjunction with same; and, if participant is verified as a First Prize winner, he/she further agrees to complete, execute and return upon Sponsor’s request and without any compensation in addition to the First Prize any additional waivers, releases and other documents deemed necessary by the Released Entities in their sole discretion (which may include a note from a licensed physician or health care practitioner that participant is fit to participate in conduct involved in Outdoor Adventure trip) prior to engaging in such conduct. First Prize winner further understands and agrees that Released Entities have not obtained any life, health, travel, property or other insurance on his/her behalf; and, should winner desire such insurance, winner will be solely responsible for obtaining same. By accepting a prize, each winner consents to the use of his or her name, likeness, photo, voice and/or other indicia of persona by Sponsor and its designees for advertising, trade and promotional purposes in all media worldwide without additional compensation or notice or approval (except where prohibited by law).
8. LIMITATIONS OF LIABILITY. Sponsor assumes no responsibility for any problems or technical malfunctions of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, programming on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof, or for injury or damage to participant’s or to any person’s computer (or information/data stored thereon) related to or resulting from downloading materials from any web site or participating in Sweepstakes. Sponsor is not responsible for any incomplete, incorrect or inaccurate information on www.morrelltargets.com, whether caused by web site users, tampering, unauthorized intervention, hacking or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error (or any combination thereof). Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering (or attempting to tamper) with the operation of the Sweepstakes or the web site; and, in such event, Sponsor may take other actions as it deems necessary in its sole discretion so as to protect its rights. The preceding includes but is not limited to any attempt to forge game cards or prize claims or to otherwise attempt to defraud Sponsor. If, for any reason Sponsor determines in its sole discretion that the online component of the Sweepstakes is not capable of running as originally planned, including without limitation infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical failures, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the online component of the Sweepstakes. In such event, to determine if your game card is a potential prize winner, submit game card in the manner of submitting a prize claim, as per Rule 4. Sponsor will compare the series of numbers on your game card with the list of winning series of numbers, and advise you in writing if your game card is a potential prize winner. Notice of such action will be posted on www.morrelltargets.com. Sponsor disclaims any liability for any typographical or other errors in advertising materials for this Sweepstakes. In the event of any inconsistency or discrepancy between the advertising materials for the Sweepstakes and these Official Rules, these Official Rules shall prevail, govern and control.
DISPUTE RESOLUTION/GOVERNING LAW/WAIVER OF JURY TRIAL: To the fullest extent permitted by law, by participating in the Sweepstakes, you agree that: (a) any action at law or in equity arising out of or relating to these Official Rules or the rights and obligations of any participant and/or Morrell’s Gourmet Chocolates, LLC shall be filed in state court in Crawford County, Arkansas or the United States District Court for the Western District of Arkansas and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action (and waive any right to change of venue, forum non conveniens, or any like right) AND ANY RIGHT TO A TRIAL BY JURY AND A TRIAL BY JURY IS ALSO HEREBY WAIVED, (b) any and all disputes, claims, and causes of action arising out of or connected with these Official Rules, and/or the rights and obligations of any participant and/or Morrell’s Gourmet Chocolates, LLC, shall be resolved individually, without resort to any form of class action, and (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred (if any), which may include costs associated with participating in this Sweepstakes but in no event attorneys' fees; and (d) under no circumstances will any participant be permitted to obtain awards for and hereby waives all rights to claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise), other than for actual out-of-pocket expenses (if any), and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any participant and/or Morrell’s Gourmet Chocolates, LLC shall be governed by and construed in accordance with the laws of the State of Arkansas without giving effect or regard to any principles or doctrines of conflicts of law/choice of law of Arkansas or of any other jurisdiction. Sponsor’s failure to enforce any provision of these Official Rules in any given circumstance shall not constitute a waiver of such provision. If any provision of these Official Rules is deemed by a court of competent jurisdiction to be invalid or unenforceable, the stricken provision shall be replaced with another provision that is valid and enforceable which most closely approximates the original intent of the Sponsor; and, the striking/replacement of a provision shall not in any way affect the validity of the remainder of these Official Rules.
10. WINNERS’ LIST: For names of winners, send a selfaddressed, stamped envelope to Morrell’s Gourmet Chocolates, LLC, ATTN: Celebrity Outdoor Sweepstakes Winners, 1721 Hwy. 71, Alma, AR 72921, to be received by 6/15/2010.Vermont residents only may omit return postage.
SPONSOR: Morrell’s Gourmet Chocolates, LLC, 1721 Hwy. 71, Alma, AR 72921.